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austinbar.org SEPTEMBER 2025 | VOLUME 34, NUMBER 7

Austin Bar Foundation Launches Program to Assist with Cases for Attorneys in Crisis

he Austin Bar Foundation is pleased to announce the development and implementation of a crisis assistance pilot program designed to assist lawyers in the greater Austin area who need to temporarily step away from practice. A presentation about the Austin Bar Foundation Lawyer Crisis Assistance Program (“CAP”) was held at the Local Bar Leaders Conference in Houston on July 25. The professional continuity of a law practice, whether it is the practice of a sole practitioner or a law partnership, can be interrupted by an attorney’s substance abuse, mental health challenges, physical illness, and other reasons. This program was developed as a pilot program in connection with various stakeholders in the legal community to fill the gap when the impacted lawyer needs to temporarily (up to 90 days) step away from practice. Once the applicant’s application is accepted by CAP, the program matches the attorney with volunteer lawyers in the same or similar practice area who are willing to temporarily assist with the impacted attorney’s cases while the impacted attorney steps away to care for their mental and/or physical health. Prior to participation in the program, the im-

pacted attorney must designate a custodian attorney with the State Bar of Texas, as well as grant the program permission to privately notify the courts in which the attorney has pending cases. To assist in launching the program, the Austin Bar Foundation awarded CAP a $15,000 grant using funds raised at the 2025 Annual Austin Bar Foundation Gala. This money will be used to cover expenses related to the program and the impacted attorney’s practice. The Austin Bar Association and the Austin Bar Foundation developed CAP to serve as a template for bar associations throughout the state after the need was identified by State Bar of Texas Immediate Past President Steve Benesh. The Austin Bar CAP program is currently designed to assist civil law practitioners, with plans to expand to the criminal bar in the coming year. The Austin Bar Foundation would like to thank Justice Chari Kelly, Judge Catherine Mauzy, Judge Maya Guerra Gamble, Steve Benesh, Dean Shaffer with the State Bar of Texas, Austin Bar Executive Director DeLaine Ward, Austin Bar Immediate Past President and Foundation Chair Mary-Ellen King, Doug Lawrence with the Austin Bar Foundation,

Austin Bar Foundation Chair Mary-Ellen King, middle, gave a presentation on the Austin Bar Foundation’s Crisis Lawyer Assistance Program at the 2025 Local Bar Leaders Conference held in Houston. (L-R): State Bar of Texas Immediate Past President Steve Benesh, Austin Bar President Maitreya Tomlinson, King, and planning committee members Paul Jacobs and Dean Schaffer have all been instrumental in the planning and execution of the Austin Bar Foundation’s Lawyer Crisis Assistance Program.

This program was developed as a pilot program in connection with various stakeholders to fill the gap when the impacted lawyer needs to temporarily (up to 90 days) step away from practice. Michelle Fontenot and Paul Jacobs with TLAP, and Austin Bar Summer Intern Grace Kerkbashian for their critical role in developing and launching this program in record time. The first planning meeting of the stakeholders was held in February 2025, and the first application was received in June 2025. The Austin Bar Association and the Austin Bar Foundation remain

committed to their members and are honored to offer this critical resource to impacted lawyers who find themselves needing to temporarily step away from practice to focus on their own health and well-being. For more information on the program, please contact DeLaine Ward at delaine@austinbar.org, 512-472-0279 ext 104. AL

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CONTENTS

AUSTINLAWYER SEPTEMBER 2025 | VOLUME 34, NUMBER 7 AL AL

INSIDE

IN EVERY ISSUE

1 Austin Bar Foundation Launches Program to Assist with Cases for Attorneys in Crisis

Briefs

Federal Civil Court Update

Third Court of Appeals Civil Update

Congratulations to Austin’s 50-Year Lawyers!

2025 Austin Bar 100 Club Members

Austin Bar Honored with Access to Justice Award

18 Third Court of Appeals Criminal Update

Austin Bar Members Honored at State Bar Annual Meeting

Austin Bar Foundation Awards $32,000 in Grants

AI as a Tertiary Source

DEPARTMENTS

Texas Advocacy Project Invites You to Support Abuse Survivors

President’s Column

Join an Austin Bar Association Committee

AYLA

Long-Time Court Administrator Vavra Announces Retirement

Entre Nous

Local Jury Trial Verdicts

CONNECTIONS ONLINE austinbar.org austinlawyeronline.com 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

ONLINE austinbar.org NEWS & ANNOUNCEMENTS

SAVE THE DATE

Change to Credit Card Processing Fees The Austin Bar Board of Directors approved a surcharge of 3% on all credit card payments, such as for membership dues, events, and contributions to the foundation and sections. The Board set this charge at a level that is below our processing fee, so that we will not be profiting from this policy change. Members who wish to avoid this fee have the option to pay via ACH, debit card or check. For any questions, please contact delaine@austinbar.org

Sept. 29 Insurance Section CLE

First-Party Insurance Basics from the Experts 12 - 1 p.m. Zoom

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SEPTEMBER 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 ALASSOCIATION AUSTIN BAR AUSTIN BAR ASSOCIATION

Maitreya Tomlinson �� President Judge Maya Guerra Gamble �� President-Elect Sarah Harp �� Secretary Ciara Parks �� Treasurer Mary-Ellen King �� Immediate Past President

AUSTIN YOUNG LAWYERS ASSOCIATION

Jenna Malsbary �� President Gracie Wood Shepherd �� President-Elect Lena Proft �� Treasurer Ben Evans �� Secretary Emily Morris �� 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 Warner....................... 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 | SEPTEMBER 2025

PRESIDENT’S COLUMN

Get to Know ABA President Maitreya Tomlinson MAITREYA TOMLINSON, AUSTIN BAR PRESIDENT

is from North Carolina and we share (at the time of publication) a newly minted teenaged daughter. I have also been fortunate that my remaining parents, brothers, and some cousins have moved to Austin over the years (which I attribute to being geographically desirable).

ncoming Austin Bar Association President Maitreya Tomlinson didn’t start in Texas or in the legal profession, but found both as he navigated life. He shares some of his journey, as well as his goals Austin Bar Association goals for the coming year. What is your background (where you grew up, went to school, law school, etc.)? I’m a seventh generation Vermonter descended from a Revolutionary War veteran who abandoned his well-to-do Connecticut family to become a farmer in northern Vermont. I primarily grew up living in Vermont and on the Connecticut coast. I left my (sometimes) rural roots to attend college at The George Washington University in Washington, D.C., majoring in English, minoring in Psychology, and informally minoring in becoming an adult. Trying to outrun winter, I moved to Austin, Texas, when it was a much smaller town. I eventually attended The SMU Deadman School of Law in a much larger town and served as the editor-in-chief of the SMU Law Review. While also serving as a research assistant to multiple professors, I was additionally lucky enough to intern/extern for the Honorable Chief Judge A. Joe Fish of the Northern District of Texas and the Honorable Justice Elizabeth Lang-Miers of the Fifth Court of Appeals. What do you want to share about your family? I have wonderful family that largely lives in Austin. My wife 6

AUSTINLAWYER | SEPTEMBER 2025

Tell us about your career path. I originally ran a national testing program of over 100 sites for a non-profit professional organization. After moving to Austin, I became a mortgage originator, who sold residential mortgages on the secondary market. I later became a banker at JPMorgan Chase and continued to work there throughout most of law school. Following graduation, I moved back to Austin to clerk for the Honorable Justice David M. Medina at the Supreme Court of Texas. While lucky and unlucky that the Austin legal market (at that time) made staying in Austin challenging, I was able to find appellate work locally after my clerkship and argue in two intermediate appellate court appeals in my first year of private practice. I eventually joined a boutique appellate firm headed by a past Austin Bar Association President where I continued learning about practicing law from excellent appellate attorneys. After becoming board-certified in civil appellate law, I started my own appellate firm over six years ago and have not regretted a minute of it. What prompted you to leave the world of banking and pursue law? The financial aspects of lending, the entrepreneurial nature of my customers, and markets fascinated me. I also enjoyed the relationships that I formed as a banker. But I always felt that my personal skill set was more wellaligned with being a lawyer and considered attending law school since graduating college. When the opportunity presented itself,

I transitioned into the law (which was not without its challenges for someone who hadn’t written anything substantial in years). Tell us about your involvement with the Austin Bar. I initially became involved with the Bar by serving on the Bench Bar Committee and joining the Civil Appellate, Litigation, and Solo/Small Firm sections. I later became a member of the Civil Appellate section’s council and eventually chaired the section. I also cochaired the Bench Bar Committee for two consecutive terms and was elected to the Austin Bar’s board of directors. Since then, I have served as treasurer, secretary, and president-elect of the bar. I have also served as co-chair of the History and Traditions Committee and of the Mentorship Committee. Why would you encourage someone to get involved? I would encourage participation for the following reasons that spurred my personal involvement: (1) the psychic benefit of serving the local legal community and the community at large; (2) the opportunity to have a voice in guiding the organization; (3) the opportunity to utilize and foster your leadership skills; and (4) the unparalleled local opportunity to network amongst a broad variety of legal professionals. The last reason may have provided me with the most tangible benefits. I have benefited greatly from (1) meeting other members who practice in different areas (who I can call on to ask questions in foreign areas of the law); (2) developing personal relationships with talented individuals (who teach me about running organizations and serving the community); (3) developing mentorship relationships in my own practice area; (4) receiving referrals that help drive my practice; and (5) (as a solo-practitioner) the opportunity to interact face-toface with colleagues.

Tell us about your theme for your presidency. My theme is “Remembering the Past and Moving Into the Future.” I’ve chosen a relatively broad theme to implement my ideas to help improve our association over our next term and to promote growth moving forward. Among other things, I’m connecting with those who helped build our association (and legal community), recognizing them, and using their wisdom to help us move forward. I’m also creating new committees and subcommittees like the Membership Committee and a subgroup that will operate like a think tank to collect data to determine how the association will serve our less-experienced members and what the association will look like over the next decade or so. Additionally, we will be collecting other data to determine how to best serve all of our members. And we will continue to improve on our pro bono and fundraising efforts. While my theme is broad, the bar association has a dedicated group of members who are ready to bring the theme to life and ensure that others can continue to benefit from the bar’s existence. What is a little-known fact about yourself that you’d like to share? I am half-British and learned to speak with a Cockney accent in London as child. I also learned how to walk shortly before that in Greenwich Village in New York City. Is there anything else you’d like to share with our members? You are the reason that we exist and are able to provide the services that we do. I encourage you to attend events, join and participate in the bar’s various committees, take advantage of section membership, and respond to our efforts to collect information so that we can use that information to improve the association. We cannot move forward without your help. AL

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BRIEFS New Members The Austin Bar welcomes the following new members: Kojo Adu-Nyako Sam Andrews Bailey Bates Rachel Brooks

ABOVE (from left): Arriaga, Dean, Espenan, Lauerman, Malsbary, Oldham.

Aaron Brown Randy Bruchmiller Rylee Carlisle Kareem Chavez-Escobedo Madalyn Foley Giulio Giuffrida Jackson Glunk Julia Gokhberg Roger Gordon Yoonjeh Kim Robert LaCroix Elias Lawler Taylor Lewis Leslie Marcus Kaden Mattingly Brian Miller, Jr. John Mitchell Emily Morales William Nisimblat Jason Park Dex Parra Dalton Porter Rohan Rumalla Lucia Ruscitto Victor Santana Nathan Schell Caroline Shee Marvin Sprouse Girish Srinivasan Jonathan Stoughton Bailey Watkins Blake Welborn Allison White

KUDOS Congratulations to past Austin Bar President Amanda Arriaga, who is cohosting a new podcast through the National Conference of Bar Presidents (NCBP). “Leading the Bar: Empowering Lawyer Leaders” will be released monthly and offer real-world wisdom and inspiration for attorneys looking to elevate their careers and lead with purpose. Amanda also hosts the Austin Bar podcast “Council of Firsts,” which highlights diversity and important firsts in Austin’s legal community. Both podcasts are available on Apple Podcasts, Spotify, or wherever else podcasts are available. ON THE MOVE Armbrust & Brown welcomes new associate attorney Timothy Dean, who will focus his practice on tax planning and business transactions. He brings extensive experience in corporate restructurings, entity formations, and complex tax matters. Tim advises clients on complex tax issues, including Section 1061 carried interest issuances, real estate joint ventures, partnership dissolution, and corporate reorganizations.

Congratulations to Nick Espenan, who has joined Norman Santos P.C., a regulated utility boutique law firm, as an associate. Nick’s practice focuses on the representation of electric, gas, and water utilities in regulatory proceedings before the Public Utility Commission of Texas and the Railroad Commission of Texas. His interest in energy markets began in law school at the University of Wyoming College of Law. Congratulations to Austin Bar member Keith Lauerman, who had the honor of sponsoring six lawyers for license to practice before the Supreme Court of the United States. The newly licensed lawyers were sworn in front of SCOTUS on May 22, 2025. Congratulations to Thomas Grant Woodby, Velissa Chapa, Hon. Denise Hernandez, Jaime Pesantes, John McIntyre, and James Skinner.

pliance. She previously worked at the Texas Juvenile Justice Department and the Travis County Juvenile Probation Department and is a longtime member of the State Bar’s Juvenile Law Section. She is a graduate of St. Mary’s University School of Law and UT Austin. Jeff Oldham has joined Jackson Walker as a partner and chair of the firm’s appellate section. Jeff has more than two decades of experience across high-stakes appeals, complex commercial litigation, and strategic counsel. He has argued cases involving billions of dollars in claims before the U.S. Supreme Court, the Texas Supreme Court, the Fifth Circuit Court of Appeals, and other appellate courts across the country. He previously served as general counsel to Texas Gov. Greg Abbott.

Congratulations to AYLA President Jenna Malsbary, who has joined as associate counsel at CapMetro. Jenna will provide legal guidance on contracts, risk management, and regulatory com-

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AUSTIN YOUNG LAWYERS ASSOCIATION

It’s Time to End Generational Trauma in the Legal Profession BY JENNA MALSBARY, AYLA PRESIDENT

his is my first official article as president of the Austin Young Lawyers Association (AYLA). I have been a member of AYLA since before law school graduation, and I have had the opportunity to meet and work with many young attorneys over the years. As I near the end of my “young lawyer” years (I plan to be a forever-young Sustaining Member), it has come to my attention that there is still this persistent belief of some–and subconscious practice by others–of what a young lawyer must go through to “make it.” In the demanding world of practicing law, it’s easy to get caught up in the relentless pursuit of success, billable hours, and courtroom victories. We’ve heard the war stories, the tales of grueling hours, demanding and demeaning mentors, and the “baptism by fire” that supposedly forged us into the attorneys we are today. Are They Really War Stories? For many, they may be more like horror stories. There’s an insidious, often unspoken understanding that these experiences, no matter how difficult, were a necessary rite of passage. Some of us may subconsciously perpetuate this cycle, believing that the next generation of lawyers must endure the same trials to prove themselves. This past year’s Austin Bar President Mary-Ellen Wyatt King’s award-winning initiative, “Stop the Stigma,” made clear the potential harm of pursuing the rigorous 10

AUSTINLAWYER | SEPTEMBER 2025

and extremely stressful path of a career practicing law. I spent most of my career in juvenile justice, where the primary focus is keeping kids out of the system by means of intervention and prevention. My hope is that this article is a form of intervention and prevention to prevent the burnout, mental health crisis, and physical health crisis that many of our colleagues are driven to, often after facing years of additional stress created by the perception that young lawyers must suffer to be successful. We should all be paying attention to how the legal community is treating our colleagues and the next generation of attorneys. It may not be you directly causing the harm, but what do you do when you witness it or hear about it? Every profession has its challenging aspects. However, the legal field, given its adversarial nature, often amplifies stress and pressure. Many seasoned attorneys can recount tales of being shouted at, belittled, or pushed to their absolute limits. These experiences, while perhaps intended to toughen someone, often leave scars. They can manifest as cynicism, burnout, and a tendency to view new attorneys as needing to “earn their stripes” through similar tribulations. It isn’t mentorship; it’s a perpetuation of a system that can suppress growth, damage morale and mental health, and ultimately drive promising talent out of your law firm, or the profession entirely. There is a significant difference between rigorous training and preparation and an environment that fosters fear or diminishes selfworth. The trauma isn’t necessarily always a single catastrophic event, but rather a cumulative effect of an often-unforgiving professional culture that’s been created. The long hours, the constant pressure to perform, the fear of making mistakes, and toxic interpersonal

When we uplift the next generation, we elevate the entire profession for the better. dynamics can wear down even the most resilient individuals. When these experiences become the norm rather than the exception, they can shape the expectations and behaviors of those who rise through the ranks. So, Where Do We Start? 1. Mentorship: Impactful mentorship isn’t about replicating your own difficult journey for someone else. It’s about guiding, supporting, and empowering an individual. It involves recognizing the unique challenges new attorneys face in today’s legal landscape and offering solutions, not just obstacles. This means providing constructive feedback, not just criticism. It means celebrating successes, big and small, and offering a safe space for questions and mistakes. If you have not heard local attorney Mindi Gulati speak on leadership and how attorneys receive and provide feedback, I

highly recommend taking the opportunity when it presents itself. 2. Building a Culture of Support: Firm leadership and individual attorneys have the power to shape the culture. This can mean fostering environments where collaboration is valued over competition, where well-being is prioritized alongside billables, and where open communication is encouraged and respectfully accepted. When new attorneys feel supported, they are more likely to thrive, innovate, and contribute meaningfully to the firm and to the profession. 3. Setting Healthy Boundaries: Many of us in our early careers felt immense pressure to always be “on” and say “yes,” sacrificing personal lives and mental health for the sake of the job. We have the opportunity to model healthier boundaries now for ourselves and

AUSTIN YOUNG LAWYERS ASSOCIATION our mentees. This does not mean less dedication, but rather more sustainable practices that ensure longevity in what is inherently a demanding career. It’s about demonstrating that it’s possible to be an exceptional attorney without sacrificing one’s entire mental health or life. 4. Valuing Well-Being: It is no secret that many legal practitioners struggle with mental health. By actively promoting well-being initiatives, encouraging work-life balance, and destigmatizing discussions around mental health, we can create a healthier, more sustainable profession for everyone. This includes recognizing the signs of burnout in ourselves and others, and taking proactive steps to address them.

generations that come after them. Ending generational trauma in the legal profession is not about lowering professional standards or making things “easy.” It’s about cultivating a more compassionate, sustainable, and ultimately more effective way of practicing law. It’s about recognizing that true strength comes not from enduring hardship for its own sake, but from resilience, support, and a wholehearted commitment to lifting up the ones who look up to us. Those of us who have experience navigating the legal profession have the unique opportunity

and responsibility to be the leaders of this change. We can choose to perpetuate archaic and often harmful traditions, or we can choose to forge a new path–one paved with kindness, acknowledgment of our mistakes, empathy, and genuine mentorship. We can be part of a legacy where the next generation of lawyers remembers the unwavering support and belief that helped them flourish in unprecedented times, not the trauma they endured. Let’s empower, inspire, and, above all, make those around us feel capable, respected, and valued.

Because when we uplift the next generation, we elevate the entire profession for the better. The Austin legal community is fortunate to have many outstanding mentors, some literally awarded for being outstanding. If you read this as a young lawyer and know that it’s time to talk to someone about how you’re being treated or something you’ve experienced personally, please do not hesitate to reach out to a trusted mentor, an AYLA director (including myself), or the Texas Lawyers’ Assistance Program. AL

5. Leading by Example: The most profound way to break this cycle is through our own actions. How we interact with junior attorneys, how we manage stress, and how we approach challenges all send powerful messages. If we treat our colleagues with respect, offer genuine support, and demonstrate empathy, we set a new standard. If we mess up, we apologize and own up to lapses in our treatment of others. The Lasting Impact: People Don’t Forget How You Made Them Feel This has been my experience now practicing for more than 13 years. I absolutely remember the way that my colleagues made me feel, good or bad. Think about the mentors and relationships that have come and gone over the years of your legal practice. I bet you can easily recall who made you feel the worst, and why. And at the same time, you can recall who made you feel the best–whether it was through support, mentorship, or friendship. In thinking of the next generation of attorneys, the specific legal advice you dispensed years ago might fade from their memory, but how you made them feel during a challenging case, or the support you offered during a personal crisis, will resonate for a lifetime and potentially shape how they treat the SEPTEMBER 2025 | AUSTINLAWYER

AUSTIN YOUNG LAWYERS ASSOCIATION

AYLA Earns Awards at Local Bar Leaders Conference

epresentatives from AYLA were in attendance at the 2025 Local Bar Leaders Conference to accept Awards of Achievement from the Texas Young Lawyers Association. AYLA won the first-place Comprehensive Award. This award was given based on a comprehensive evaluation of the whole range of programming AYLA conducted during the 2024-25 bar year. AYLA also won the first-place Service to the Public Award for its video series, “How to Pick a Jury Without a Lawyer in JP Court.” This series is available on Travis County’s YouTube channel, @ TravisCountyTCTV, and was produced with the help of Austin Bar Director and Justice of the Peace 3 Sylvia Holmes. AL

(L-R): TYLA Past President Hisham Masri, AYLA President Jenna Malsbary, AYLA Immediate Past President Emily Morris, AYLA President-Elect Gracie Wood Shepherd, AYLA Director Samantha McCoy, AYLA Past President Sarah Harp, and AYLA Director Abigail Ventress.

2nd Trial Institute a Success

YLA held its second Trial Institute on June 27 in the ceremonial courtroom at the Travis County Civil & Family Courts Facility. Austin trial lawyers gathered to earn a full day of MCLE credit by learning the nuts-and-bolts of civil trial from a fabulous slate of seasoned trial lawyers and judges. Attendees gained valuable insight on the goals and mechanics of each piece of trial, including pretrial procedures, opening statements, direct and cross examinations, and closing arguments. The

programming also covered topics like voir dire, the jury charge, and key evidence tips. AYLA extends a huge thank you to the event’s sponsor, Thomas J. Henry, and the fantastic presenters, including Ben Evans, Ryan Squires, Mike Golden, Karen Burgess, Robert Alden, Justice Chari Kelly, Judge Sherine Thomas, and Dicky Grigg. The Trial Institute is an annual event. If you are interested in participating in AYLA’s future Trial Institute events, contact Debbie Kelly at debbie@austinbar.org. AL

UPCOMING EVENTS THUR, SEPT. 25 AYLA Judicial Reception 5:30 - 7 p.m. Chateau Bellevue 708 San Antonio St.

AUSTINLAWYER | SEPTEMBER 2025

AUSTIN YOUNG LAWYERS ASSOCIATION

Serve the Public with AYLA; Join Today!

AYLA Kicks Off Bar Year with Summer Docket Call

all is a fantastic time to join the Austin Young Lawyers Association (AYLA)! Joining an AYLA committee is the perfect way to get involved and meet fellow attorneys. AYLA members can join any of the following committees: The Crawfish Boil Fundraiser Committee plans and organizes an annual crawfish boil fundraiser each spring. The Bench Bar Committee helps plan the annual day-long CLE hosted jointly by the Austin Bar and AYLA. The CLE Committee plans and organizes quarterly continuing legal education for AYLA members. The Community Service Days Committee provides lawyers and non-lawyers with periodic opportunities to volunteer for non-profit organizations. The community service events provide an opportunity for lawyers to make a relatively small time commitment (usually just a few hours on one day) while being exposed to various charitable organizations and meeting other members of the legal and non-legal community. The Day of Service Committee coordinates multiple community service events on MLK Day, in honor of Dr. Martin Luther King, Jr. The Docket Call Committee hosts a monthly happy hour for AYLA members. This event is

the gateway event for many of our members, as nearly everyone’s first experience with AYLA is a Docket Call. The Health and Wellness Committee is focused on lawyer well-being through group exercise and promoting healthy lifestyles. The committee aims to bring lawyers together in monthly activities such as running, biking, hiking, swimming, etc. Get to know other lawyers in an environment outside of the office or courtroom. The Holiday Projects Committee utilizes the legal community’s resources to provide special holiday gifts and informative materials to Austin-area families in need. The Judicial Reception Committee hosts a reception for AYLA members to interact with members of the judiciary. The Law-Related Education Committee plans and implements various educational programs aimed at school-aged children. The Tailgate Fundraiser Committee plans and hosts a UT tailgate fundraiser event. The Freshquires Committee plans networking opportunities and CLE for new attorneys in their first three years of practice. To volunteer with any of AYLA’s committees, please contact Debbie Kelly, debbie@austinbar.org. AL

he Austin Young Lawyers Association (AYLA) kicked off its new bar year with a Summer Docket Call event on Thursday, July 17 at Hold Out Brewing. The event was organized by committee co-chairs Ryan Pitts, Kelly Combs, Jimmy Brenner, and Clare Mattione. The event was sponsored by Zinda Law Group. AL

(L-R): AYLA Director Ryan Pitts and ALGBTQ+ Representative for AYLA Kelly Combs.

(L-R): AYLA members Melissa Pina, Gabrielle Smith, and AYLA President Jenna Malsbary.

AYLA gathered at Hold Out Brewing for the Bar Year Kick-Off Docket Call.

SEPTEMBER 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 May 2025. The summaries are overviews of particular aspects of the opinions; please review the entire opinions.

> ARBITRATION: Denial of motion to compel arbitration affirmed based on finding of waiver. Garcia v. Fuentes Restaurant Management Services Inc., No. 24-10699. In this FLSA collective-action case, the Fifth Circuit overhauled its test for contractual-arbitration waiver in view of Morgan v. Sundance, Inc., 142 S. Ct. 1708 (2022). Rejecting its former two-part inquiry (requiring

both substantial invocation of the judicial process and prejudice), the Court held that waiver requires “knowingly relinquish[ing] the right to arbitrate by acting inconsistently with that right.” Judge Douglas, joined by Judges Richman and Willett, applied that new standard. The panel noted that the restaurant-chain defendant had (i) answered the lawsuit without raising arbitration, (ii) participated in initial discovery, (iii) engaged in mediation, and (iv) filed a joint status report with the plaintiff stating that it “had no intent to arbitrate.” Those overt acts demonstrated intentional abandonment, so the district court did not err in denying a belated motion to compel arbitration. This decision highlights two practical consequences. First, the Court found waiver even though the defendant moved to compel arbitration within three weeks of discovering the arbitration agreement and five months of the start of litigation, illustrating that the absence of a prejudice requirement removes a potent defense for tardy movants. Second, early case-management filings and discovery conduct will be scrutinized for waiver, particularly against the backdrop of other evidence corroborating that the party substantially invoked the judicial process. Under Garcia, when a movant possesses sufficient knowledge to waive its right to arbitrate, timely reservation and invocation of that right are indispensable.

ers affirmed in part and reversed in part.

CONSUMER PROTECTION: Multi-million dollar award for misrepresentations to consum-

Reyes v. Equifax Information Services, L.L.C., No. 24-40415. Under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681i, the Fifth Circuit joined six sister circuits in holding that a consumer must first show that challenged credit-report information is factually inaccurate. Said differently, a credit bureau’s reinvestigation duties are not triggered by a purely legal dispute over a valid debt. Reyes had alleged that derogatory credit-report information came from fraudulent charges on a credit card account that resulted in a charge-off. The record showed the balance had been transferred to a new account that she owned and that Equifax reported the

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FTC v. Zaappaaz, L.L.C., No. 2420234. In this COVID-era PPE fraud case, the Fifth Circuit for the first time adopted a rebuttable presumption that consumers relied on defendants’ widely disseminated misrepresentations when the Federal Trade Commission (“FTC”) brings an action under the FTC Act, 15 U.S.C. § 57b(b). Because Zaappaaz offered no evidence to rebut that presumption, the finding of liability against it stood. Regarding the remedy, however, the panel split the $37.5 million monetary award. The panel majority affirmed the $12.2 million representing payments for undelivered, unrefunded orders, though Judge Englehardt would have remanded as to this amount. The panel, however, vacated $25.3 million in full-refund relief for late-delivered orders; as the FTC Act permitted only amounts “necessary to redress injury,” not punitive windfalls, the panel remanded that issue to the district court. Following Zaappaaz, counsel should be prepared to prove or disprove consumer reliance and actual loss, rather than assume that a full-refund award is proper. CREDIT REPORTING: Summary judgment for credit-reporting agency affirmed absent showing that reported information was factually inaccurate.

charge as furnished. The file was neither “patently incorrect” nor misleading. Rather, Reyes’s claim amounted to an impermissible collateral attack on the underlying liability dispute with the card issuer. Summary judgment for Equifax was thus affirmed. Reyes heightens the standard for FCRA plaintiffs in the Fifth Circuit: without concrete inaccuracy, plaintiffs cannot meet the “threshold requirement for § 1681i claims.” When, as here, the disagreement is about fraud or unauthorized charges rather than factual accuracy, the consumer must pursue relief from the creditor, not the credit-reporting agency. INTELLECTUAL PROPERTY: Lanham Act does not authorize claims between co-owners of a trademark. Reed v. Marshall, No. 24-20198. 90’s R&B artist Di Reed sued her former bandmates for violating the Lanham Act by performing under their co-owned “JADE” mark with another singer. A unanimous Fifth Circuit panel concluded that because the Lanham Act does not afford a trademark infringement cause of action between co-owners of a mark, the district court correctly granted summary judgment for the defendants. Because Reed’s trademark dilution and unfair competition claims similarly relied on use of a co-owned mark, the Court affirmed the summary judgment for the defendants on those claims as well. AL

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THIRD COURT OF APPEALS CIVIL UPDATE

Laurie Ratliff is a former staff attorney for the Third Court of Appeals. She is boardcertified 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 June and July 2025. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of August 12, 2025. TTCA: Service on governmental employee is not service on governmental entity. Tanner v. Tex. State Univ., No. 03-2100131-CV (Tex. App.—Austin June 11, 2025, no pet. h.). The Supreme Court remanded for the Court of Appeals to determine whether service on a governmental employee constituted service on the government. Following injuries sustained on campus, Tanner sued Scott, a TSU employee, and TSU. Tanner served Scott almost two years after filing

AUSTINLAWYER | SEPTEMBER 2025

suit and served TSU three-and-a-half years after limitations had run. The trial court granted TSU’s plea to the jurisdiction alleging untimely service. The Court of Appeals noted that the election-of-remedies provision in the TTCA favors the expedient dismissal of governmental employees when the lawsuit should have been against the government. Section 101.106(e) applies when suit is filed against both the government and its employee. When the government files a motion under Section 101.106(e), the employee shall be dismissed and the suit continues against the government if the suit has been properly brought against the government. The Court concluded that TSU had no obligation to file a motion to dismiss Scott until TSU was served and brought into the suit. The Court held that service on Scott was not service on TSU and affirmed. The dissent concluded that because TSU filed a motion to dismiss Scott under Section 101.106(e), it effectively confirmed Scott was acting within the scope of his employment and that TSU, not Scott, was the proper party. Under Section 101.106(e), the suit proceeds solely against the government; failure to serve TSU did not bar her claims. ORIGINAL PROCEEDING: Court grants mandamus relief where trial court vacated a protective order with a hearing. In re Glenny, No. 03-25-00412-CV (Tex. App.—Austin June 24, 2025, orig. proceeding). The trial court granted Relator’s temporary ex parte protective order on June 6, 2025, and set a hearing for June 26. Real party in Interest (RPI) filed a motion to va-

cate the protective order on June 9. The judge who granted the protective order granted the motion to vacate on June 10 without a hearing. Relator contended that vacating the protective order without a hearing violates Family Code Section 83.004. Section 83.004 provides that “[o]n the filing of the motion to vacate [a protective order], the court shall set a date for hearing the motion as soon as possible.” The Court concluded that the plain language of Section 83.004 imposes a duty to hold a hearing. “Hearing” means a live, evidentiary hearing not submission to the court for a ruling. The Court reasoned that the statute’s remedial intent to effectuate humanitarian and preventive purposes are best accomplished by giving the protective-order applicant the opportunity to participate in a hearing seeking to vacate it. The Court further concluded that because the petition seeks to preserve a statutory right to legal process, Relator lacks an adequate remedy at law. The Court granted mandamus relief. TRIAL PROCEDURE: Court holds attorney-fees evidence sufficient to affirm award. Kozinn v. Kozinn, No. 03-23-00378CV (Tex. App.—Austin June 25, 2025, no pet. h.) (mem. op.). In an enforcement petition for multiple violations of the parties’ divorce decree, the trial court ordered father to pay over $47k in attorney’s fees to mother’s attorney. Although mother did not plead the statutory basis for an award of fees, the Court of Appeals concluded that Family Code Section 9.014 permits an award of fees in a suit to enforce a decree

and that Section 106.002 gives a trial court discretion in all SAPCRs to award fees directly to a party’s attorney. Father challenged the sufficiency of the evidence supporting the fee award pointing to the heavily redacted invoices. Mother’s attorney, however, testified extensively on the various tasks she and her staff performed, including many tasks that arose in response to father’s conduct. The court concluded the evidence was sufficient and affirmed. HEALTH CARE LIABILITY: Court reverses and dismisses because of deficient expert report. Agahi v. Flynt, No. 03-24-00835-CV (Tex. App.—Austin June 27, 2025, no pet. h.) (mem. op.). In this interlocutory appeal, Flynt sued Agahi and others for injuries he sustained from orthodontic treatment. Flynt alleged that Agahi placed an orthodontic bracket but instructed a dental assistant to position the wires. Agahi did not check the placement of the wires. Two months later, Flynt swallowed the wire and spring coils, requiring a hospital stay. The trial court denied Agahi’s challenge to Flynt’s expert’s report. The Court of Appeals concluded the report failed to meet TMLA Section 74.351. The report failed to identify any breach of the standard of care by the dental assistant. Such failure then fails to implicate Agahi’s conduct for purposes of causation. The report also failed to identify the standard of care for an orthodontist. The report further failed to explain who caused or how the orthodontic components dislodged from the bracket. The Court held that the report was so de-

ficient it constituted no report at all. The Court reversed, remanded for a determination of attorney’s fees, and ordered dismissal of Flynt’s claims. FAMILY LAW: Court suspends portions of divorce decree pending appeal. Schwartz-Poludniewska v. Schvartz, No. 03-25-00214-CV (Tex. App.—Austin July 24, 2025, no pet. h.) (per curiam) (mem. op.). The parties’ divorce decree confirmed the marital home was father’s separate property and granted him exclusive possession. Mother and children had 30 days after the decree to vacate the house. Mother asked the Court of Appeals to suspend the portion of the decree ordering her to vacate the home until the Court decided her appeal of the decree. The Court observed that Family Code Section 109.002(c) provides that an appellate court may suspend final orders or portions of final orders in SAPCRs “on a proper showing.” Such showing includes avoiding disrupting the current living arrangements for a child pending appeal. The Court rejected father’s arguments that mother must post a bond and that permitting mother

and children to remain in the house amounted to spousal support. The Court abated the appeal, stayed portions of the decree that divested mother’s right to reside in the home, and remanded for the trial court to make recommendations to the Court of Appeals regarding conditions and requirements to impose on mother while remaining in the home. The dissent concluded Section 109.002 does not permit suspension of a divorce decree’s property division.

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Third Court Civil continued on page 18.

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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 February 2025. The summary is an overview; please review the entire opinions. The subsequent history is current as of August 5, 2025.

> NEW TRIALS: Limited to grounds raised in motion when State objects. Trial court abused its discretion by granting new trial on ground not raised in defendant’s motion when State objected to consideration of that ground. State v. Gant, 709 S.W.3d 707 (Tex. App.—Austin 2025, pet. ref’d). Gant, who was convicted of the offense of tampering with physical evidence, filed a motion for new trial, asserting that (1) the

judgment was contrary to the law and evidence and (2) the verdict was excessive. The trial court held a hearing on the motion, during which trial counsel stated that he had filed “the generic motion so as to change the appellate timetables.” The trial court announced that it believed Gant “had ineffective assistance of counsel” and that “as a result of that, justice has not prevailed” for Gant. The State objected to granting a new trial on that ground, but the trial court stated that it had opinions based on its observations of the trial, noted that it did not “have to articulate why,” and granted the motion. The trial court overruled the State’s request for findings of fact and conclusions of law, and the State appealed. The appellate court discussed several “guiding rules and principles” that should inform a trial court’s decision on whether to grant a new trial, including: (1) a trial court does not have the discretion to sua sponte grant a new trial; (2) a trial court has the discretion, but not the obligation, to address new issues at a motion for new trial hearing, so long as the State does not object; (3) a trial court does not have the discretion to address new issues at a motion for new trial hearing over the State’s objection; and (4) a trial court does not have the discretion to grant a motion for new trial if that motion is litigated in a manner that circumvents the State’s ability to defend its verdict. Combining these principles, the Court concluded that “a trial court abuses its discretion if it grants a motion for new trial on a new issue (regardless of who raises the issue), at least when the State objects.”

Thus, in this case, the trial court would have abused its discretion in granting a new trial on the ground of ineffective assistance of counsel because the State objected. The appellate court further concluded that the trial court also would have abused its discretion in granting a new trial on the grounds raised in Gant’s motion. Finding no ground on which the motion could stand, the appellate court reversed the order granting a new trial. STATE APPEALS OF SUPPRESSION RULINGS: Limited to written orders that have the effect of excluding evidence. Appellate court lacked jurisdiction over State’s appeal of trial court’s pretrial oral ruling on admissibility of evidence that trial court later withdrew. State v. Abduljabbar, No. 03-2400708-CR (Tex. App.—Austin Feb. 14, 2025, no pet.) (mem. op., not designated for publication). The State charged Abduljabbar with assault involving family violence. Before trial began, the State requested to “pre-admit” a recording of a 911 call made by the complainant, “if there’s no objection.” Defense counsel objected on multiple grounds. Af-

ter considering the matter, the trial court stated that it “agree[d] with defense counsel, and I am not going to allow the 911 call.” The record contained no written order memorializing the trial court’s ruling, and the record did not reflect that the State sought such an order. Later that morning, the State informed the trial court that it had filed a notice of appeal of the trial court’s decision. The trial court disputed that it had granted a motion to suppress the 911 call and informed the parties that it would “withhold” its ruling on the admissibility of the evidence at that time. The appellate court granted a stay of the proceedings to consider the appeal. The Court discussed the governing law regarding State appeals of orders granting motions to exclude evidence. Based on that law, the Court concluded that it lacked jurisdiction because the trial court had withdrawn its ruling on the admissibility of the evidence and there was no written order excluding evidence for the State to appeal. Moreover, the appellate court could not abate the appeal and remand for entry of a written order, as it had done in other cases, because there would be no existing order for the trial court to enter on remand. Thus, the Court dismissed the appeal. AL

Third Court Civil continued from page 17.

share. Husband appeals trial court’s division of stock. Husband contended that future payments in the form of “milestone payments” are his separate property. Husband contended that “milestone payments” are based on possible future events and on his future work and thus should be separate property. The Court of Appeals concluded that the milestone payments will be made to husband in dividends or distributions to company’s stockholders, via his 30.33 percent stock interest. The constructive trust provisions carry out the 60-40 percent split of the stock that the trial court awarded in the decree. The Court noted that some mechanism must ensure that wife receives her share as only husband is the named owner of the stock. The Court affirmed. AL

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LOCAL JURY TRIAL VERDICTS

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

Editor’s Note: The monthly jury trial verdicts update is first published through Bar Code. CIVIL/FAMILY Texas Enterprises, Inc. v. Judy Akrim Cause No.: C-1-CV-23-005403 Judge: Eric Shepperd Dates: July 7, 2025 Attorneys: Plaintiffs: Walter V. Williams, Thomas Williams McConnell, PLLC (Austin) Defendant: Thomas E. Ross, (Houston) Summary: Plaintiff claims Defendant was driving a vehicle on icy roads, which led her to hitting the gas pump located off the service road due to her negligence in Feb. 2023. The jury of five found that the defendant was negligent and found the reasonable cost to repair the gas pump to the condition it was in immediately before the occurrence: $28,299.15. Thomas Bednorz v. Noah Daniel Sewell Cause No.: D-1-GN-21-005284 Judge: Maya Guerra Gamble Dates: July 7-10, 2025 Attorneys: Plaintiff: John Abramowitz, Bonilla Law Firm, PLLC (Austin) Defendants: Damon Garcia, Law Offices of Fanaff, Gonzales, Baldwin & Cunningham Summary: On March 20, 2020, Plaintiff claims that Defendant’s vehicle caused him injury in a car accident due to negligence. A unanimous jury awarded the following damages: past physical pain and mental anguish - $26,500; future physical pain and mental anguish - $75,000; past disfigurement - $20,000; future disfigurement $25,000; past physical impairment $30,000; future physical impairment - $53,000; past medical care expenses - $87,1098.82 (agreed by the parties); and future medical care expenses $200,000. 20

AUSTINLAWYER | SEPTEMBER 2025

Amanda Rae Yates v. Alyssa Michelle Ybarra, Yuhosua Ryoo and Farmers Texas County Mutual Insurance Company Cause No.: D-1-GN-18-007720 Judge: Maria Cantu Hexsel Dates: July 8-11, 2025 Attorneys: Plaintiff: John Abramowitz, Bonilla Law Firm, PLLC (Austin) Defendants: Damon Garcia, Law Offices of Fanaff, Gonzales, Baldwin & Cunningham Summary: Plaintiff claims that she was injured as a passenger in a golf cart owned by Austin ISD and operated by Alyssa Michelle Ybarra when a vehicle driven by Yuhosua Ryoo failed to yield the right-of-way in Austin High School parking lot on or about Dec. 2018. Plaintiff settled with Defendant Ryoo prior to the trial. The Court granted the motion to dismiss Defendant Ybarra with prejudice, but the claim against Farmers continued. A unanimous jury found Plaintiff Yates and Defendants Yuhosua Ryoo and Alyssa Michelle Ybarra negligent – Ryoo - 20 percent, Yates - 10 percent, and Ybarra - 70 percent. Damages awarded: past physical pain and mental anguish - $150,000; future physical pain and mental anguish - $75,000; past disfigurement - $20,000; future disfigurement - $25,000; past physical impairment - $30,000; future physical impairment - $53,000; past medical care expenses - $87,1098.82 (agreed by the parties) and future medical care expenses - $200,000.

Walter Schumacher v. City of Austin Cause No.: D-1-GN-19-000544 Judge: Jessica Mangrum Dates: July 21-23, 2025 Attorneys: Plaintiff: Jack Holtzmann, Dow Law Firm, PLLC (Austin) Defendants: Hannah Vahl, Isabel Calleja, City of Austin Law Department Summary: Plaintiff claims he was injured due to an automobile accident with a City of Austin employee on Feb. 2017. A jury of 10 found the Defendant’s employee, Eric Gomez, was negligent. Damages awarded: past physical pain - $0; future physical pain - $0; past mental anguish - $0; future mental anguish - $0; past reasonable and necessary medical care - $69,044.05 and future medical care expenses - $706,995.59; past physical impairment - $0 and future physical impairment - $0. (Final judgment verdict reduced to $250,000 due to the Tort Claims Act limitations.) In The Interest of A.R-B And M R-B., Children Cause No.: D-1- FM-24-001890 Judge: Maya Guerra Gamble Dates: July 21-24, 2025 Attorneys: Petitioner/State of Texas: Bridget O’Shaughnessy Children Attorney Ad Litem: Leslie Strauch, CRC (Austin) Children Guardian Ad Litem: Casa Mother, B.B Attorney: Elizabeth Schwartz Father, E.R. Attorney: Lisa Mims

Summary: The State filed a petition to terminate the parentalchild relationship. The State took possession of the children on March 11, 2024, alleging immediate danger to the physical health or safety of the children. Guardian Ad Litem and Attorney Ad Litem were appointed for the children and attorneys were appointed for both adults. The mother, B.B., requested a jury, and the father, E.R., waived a jury, and, therefore, all questions of fact and law were submitted to the Court only. A unanimous jury found by clear and convincing evidence that B.B. knowingly or willingly allowed conditions or surroundings that endangered the physical or emotional well-being of both children; the termination of the parent-child relationship between B.B. would be in the best interest of both children. CRIMINAL State of Texas v. Steven Ahlberg Cause No.: D-1-DC-21-100003 Judge: Mike Denton Dates: July 7-10, 2025 Attorneys: State of Texas: Yasmeen Aboellhasan Defendant: Charles Baird, Baird Law Firm PLLC (Austin) Summary: Defendant was indicted for aggravated sexual assault of a child, indecency with a child by contact allegedly on or about Dec. 2017. The jury acquitted the defendant of aggravated sexual assault of a child and indecency with a child/sexual contact.

State of Texas v. Quincy Punch Cause No.: D-1-DC-24-904117 Judge: Jon Wisser Dates: July 14-16, 2025 Attorneys: State of Texas: Dominic Selvera Defendant: Pro Se Summary: Defendant was indicted for intentionally and knowingly threatening a person with imminent bodily harm and exhibiting a deadly weapon during the assault on or about March 2023. In addition, the defendant, a previously convicted felon for murder, was indicted for unlicensed possession of a firearm before the fifth anniversary of Defendant’s release. The jury found the defendant guilty of unlicensed possession of a firearm and sentenced to 10 years in prison and aggravated assault with a deadly weapon and sentenced to 15 years in prison. (The sentences run concurrently.) State of Texas v. Joshua Trezaaratti Cause No.: D-1-DC-23-208343 Judge: Julie Kocurek Dates: July 15-17, 2025 Attorneys: State of Texas: Emily Scholten Defendant: Amber Vazquez,

Vazquez Law Firm (Austin) Summary: Defendant was indicted for knowingly causing the death of a person with a firearm on or about Oct. 2023. The jury found the defendant guilty of murder and sentenced him to 18 years in prison, although they did not find that he was under the immediate influence of sudden passion. State of Texas v. David Jonathon Hardman Cause No.: C-1-CR-24-500502 Judge: Carlos Barrera Dates: July 22, 202 Attorneys: State of Texas: Jonathan Ramirez Defendant: Joseph Aragon, Aragon Law Firm (Austin) Summary: Defendant was charged with assault family violence, which allegedly occurred on or about March 2, 2024. The jury found the defendant not guilty of assault family violence.

Aboellhasan Defendant: Charles Baird, Baird Law Firm PLLC (Austin) Summary: Defendant was indicted for aggravated sexual assault of a child, indecency with a child by contact, allegedly on or about April 2023. The jury acquitted the defendant of continued sexual

assault of a minor child and indecency with a child, but were not able to reach a verdict on aggravated sexual assault, penetration by sexual organ, and aggravated sexual assault, penetration by finger. AL

A Notification from Travis County’s Local Administrative Judge Amy Clark Meachum

State of Texas v. Vincente Munoz-Guerrero Cause No.: D-1-DC-23-302169 Judge: David Wahlberg Dates: July 22-25, 2025 Attorneys: State of Texas: Yasmeen

eginning Sept. 1, 2025, Civil and Family Court Administration will no longer be setting hearings and trials for cases filed in the 250th District Court. Per Judge Liu’s request, the 250th District Court will no longer be participating in Travis County’s centralized docketing system. Moving forward, unless the parties are otherwise notified, cases filed in the 250th District Court will be managed and adjudicated by the 250th District Court. Attorneys and parties with upcoming settings should expect a transition period, which may include hearings and trials being reset. For cases filed in the other 11 Civil and Family District Courts, you should continue to utilize Court Administration through their online system (Civil Calendaring Online) and (512) 854-2484 (Press Option ZERO) for your case setting needs. AL

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Congratulations to Austin’s 50-Year Lawyers!

Congratulations to the following Austin-area lawyers, who have practiced law for 50 years as of 2025! Mr. Gilbert J. Bernal, Jr. Mr. Theodore E. Comsudi Justice Craig Trively Enoch Mr. Jerry M. Keys Ms. Vivian Mahlab Mr. Harold Clark Phillips Judge J. David Phillips Mr. Latius R. Prikryl Ms. Lorna Salzman Wassdorf Ms. Patrice J. Arnold Mr. Joseph Alan Holman Mr. Patrick P. Rogers Mr. Paul Barton Siegel Mr. Paul J. Van Osselaer Mr. Thomas Orr Barton Mr. Douglas M. Becker Mr. Brian E. Berwick Mr. M. David Bryant, Jr. Mr. Henderson L. Buford, III Mr. C. Joseph Cain Mr. Earnest Casstevens Ms. Grace Hopkins Casstevens Mr. Michael J. Churgin Mr. Thomas A. Cipolla Mr. Jeffrey Civins Ms. Kathleen M. Civins Mr. Michael C. Crowley Mr. Carleton A. Davis Mr. James E. Davis, Jr. Mr. Thomas Haines Edwards Mr. John D. Ewald Mr. James E. Farris Mr. Charles J. Fitzpatrick Mr. Thomas Allen Forbes Mr. Michael W. Fox Mr. Steven Irwin Frank Mr. W. F. Gardner, Jr. Mr. Paul G. Gosselink Ms. Katherine Ann Graham Mr. Samuel R. Graham

Mr. Joseph A. Greco, Jr. Mr. Brian S. Greig Mr. Burgain G. Hayes, Jr. Mr. Robert Clarke Heidrick, Jr. Mr. Charles Herring, Jr. Mr. Billy B. Hill, Jr. Ms. Barbara Hines Mr. F. W. Chip Holt, Jr. Mr. Chris Jackson Mr. John G. Jasuta Hon. J. Woodfin Jones Mr. Harris E. Kerr Mr. Andrew Kever Mr. John Andrew King Mr. Marc O. Knisely Mr. Barnett A. Kress Mr. Tom Richard Krueger Mr. Paul A. Leche Mr. John A. Lindquist Ms. Susan Gail Lippman Mr. Randy D. Little Mr. Julian Lockwood Mr. Charles B. Lord Mr. Richard W. Lowerre Mr. Charles R. Maddox Mr. James E. Mann Mr. Jim H. Mann Mr. John B. McFarland Mr. Campbell McGinnis Mr. William R. Moore Ms. Claudia Morgan Mr. Bruce T. Morrison Mr. W. Michael Murray Mr. James L. Nelson Mr. Rodney L. Nelson Mr. Peter A. Nolan Mr. Rockne W. Onstad Mr. Adrian M. Overstreet, Jr. Ms. Kristine Patrick Mr. Walter C. Prentice

Mr. William N. Puckett Mr. Robert Paul Randolph Mr. David H. Reynolds Mr. Robert H. Richardson, Jr. Ms. Hallie L. Roberts Mr. Gordon M. Rubinett Mr. P. M. Schenkkan Mr. Karl Belton Schmalz Mr. Bradley Seals Mr. Mitchell E. Sharp, Jr. Mr. George R. Somerville, III Ms. Susan Spruce Mr. David Ross Stevenson Ms. Jacqueline A. Strashun Mr. David A. Talbot, Jr. Mr. Donald R. Taylor Mr. R. Lambeth Townsend Ms. Vickie Vogel

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Thank You to the 2025 Austin Bar 100 Club Members!

he Austin Bar Association is proud to recognize our 2025 Austin Bar 100 Club members! The following firms, government agencies, organizations/schools, and corporate legal departments have 100 percent membership in the Austin Bar. The Austin Bar 100 Club is a distinguished membership that reflects a commitment to the advancement of the legal profession and involvement in the community. The Austin Bar 100 Club consists of firms with four or more attorneys that have 100 percent participation in the Austin Bar. Recognition is free and occurs on the austinbar.org website, in Austin Lawyer, and at our Annual Meeting in the fall. The Austin Bar 100 Club is FREE recognition and open for renewal annually. We do not automatically renew an organization’s membership due to changes in attorney rosters each year. It’s not too late! To become a 2025 Austin Bar 100 Club member, submit your request via email to Billy Huntsman at billy@austinbar.org and include a list of all lawyers in your Austin-area office. Your list will be verified with our member records, and if your firm is eligible, it will be added to the 2025 Austin Bar 100 Club! Thank you for your support of the Austin Bar Association!

• Allensworth Law • Almanza Blackburn Dickie & Mitchell • Andrews Myers • Armbrust & Brown • Barnes Lipscomb Stewart • Barnett & Garcia • Blazier Christensen Browder & Virr • Bollier Ciccone • Boulette Golden & Marin • Bracewell • Burnett Turner • Burns Anderson Jury & Brenner • Cain & Skarnulis • Cantilo & Bennett • Chamberlain - McHaney • City of Austin Law Department • Coffin Renner • Coldwell Bowes • Cornell Smith Mierl Brutocao Burton • DuBois Bryant & Campbell • Dykema Gossett • Friday Milner Lambert Turner • Fritz Byrne • Gjerset & Lorenz • Greenberg Traurig • Hanna & Plaut • Kaplan Law Firm • Kelly Hart & Hallman • Lloyd Gosselink • McGinnis Lochridge • Naman Howell Smith & Lee • Nunis & Associates • Osborne Helman Scott Knisely & Stanton • Pappa Grubbs Price

• • • • • • • • • • • • • • • •

Potts Blacklock Senterfitt Reeves & Brightwell Richards Rodriguez & Skeith Scott Douglass & McConnico Streusand Landon Ozburn & Lemmon Texas Board of Law Examiners Texas Comptroller of Public Accounts Texas Department of Motor Vehicles Texas Workforce Commission The Chapman Firm The Supreme Court of Texas Third Court of Appeals Thompson Salinas & Londergan Travis County Attorney’s Office Travis County Civil Court Travis County Criminal Court

• Travis County District Attorney’s Office • Travis County Office of Child Representation • Travis County Probate Court • Whitehurst Harkness Brees Cheng Alsaffar Higginbotham & Jacob • Wright & Greenhill

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Austin Bar Honored with Access to Justice Award

t the 2025 Local Bar Leaders Conference, sponsored by the State Bar of Texas, the Austin Bar Association was awarded the Deborah G. Hankinson Access to Justice Award for Division III. This award honors local bar associations that demonstrate a commitment to access to justice in their communities and to raising financial support for legal service providers. AL

(L-R): Austin Bar representatives at the conference held in Houston: Austin Lawyer Assistant Editor and AYLA Director Abigail Ventress; AYLA President Jenna Malsbary; Austin Lawyer Assistant Editor and AYLA Director Samantha McCoy; Hon. Rudy Metayer; TCWLA Board Member Mildred Anaele; Austin Bar President Maitreya Tomlinson; Austin Bar Foundation Chair Mary-Ellen King; Tycha Kimbrough; AYLA President-Elect Gracie Wood Shepherd; TCWLA Immediate Past President Gabrielle Smith; Austin Bar Secretary Sarah Harp; Austin Bar Past President Leslie Dippel; TCWLA President Melissa Lorber; and Arthur Bryan.

(L-R): Former State Bar of Texas President Terry Tottenham presents the award to Austin Bar Foundation Chair Mary-Ellen King.

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Austin Bar Members Honored at State Bar Annual Meeting

t the annual State Bar of Texas Meeting in San Antonio in June, several Austin attorneys were honored for their contributions to the legal profession. Austin Bar member Christina Yarnell was honored with the Frank J. Scurlock Award, which recognizes an attorney in good standing with the state bar who has provided outstanding pro bono work. Christina, attorney and chief talent officer at Nix Patterson, was recognized for her leadership in expanding access to justice for underserved Texans through strategic outreach, training initiatives, and statewide collaborations. She has strengthened legal aid networks and empowered attorneys to provide critical pro bono services, particularly in housing, family law, and indigent defense. The State Bar of Texas Legal Services to the Poor in Criminal Matters Committee announced Austin’s Office of Capital and Forensic Writs (OCFW) is the 2025 recipient of the

(L-R): State Bar Immediate Past President Steve Benesh presents Christina Yarnell with the Frank J. Scurlock Award.

Warren Burnett Award. Austin Bar Past President and past chair of the State Bar Board of Directors Kennon Wooten was honored with the Texas Young Lawyers Association’s Outstanding Mentor Award. Austin Bar Secretary Sarah Harp was honored with a President’s Award of Merit, as were Austin Bar/AYLA members Holton Westbrook and Marshall Sales. AL

(L-R): TYLA Immediate Past President Hisham Masri, Holton Westbrook, Austin Bar Secretary Sarah Harp, Marshall Sales, TYLA President-Elect Armin Salek, and TYLA Board Chair Courtney White.

(L-R): TYLA Immediate Past President Hisham Masri, TYLA Past President Britney Harrison, Kennon Wooten, and TYLA Board Chair Courtney White.

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Austin Bar Foundation Awards $32,000 in Grants The Austin Bar Foundation has awarded $32,000 in its 2025 grant cycle. The recipients and their projects are: University of Texas, Austin Law Texas Law Student Resilience Fund Proposal Awarded: $7,000 The University of Texas School of Law is requesting $5,000 to support its Texas Law Student Resilience Fund, part of a $15,000 project aimed at providing emergency mental health assistance to law students facing financial hardship. Originally created to help with essentials like groceries and books, the fund now focuses on covering high mental health care costs— such as copays, therapy, and assessments—particularly for students in crisis or with limited means. Over 65 percent of Texas Law students use the on-site Counselor in Academic Residence (CARE) program, yet many still require supplemental services. The fund aims to support around 80 students in the Austin area annually and is distributed based on need and urgency. All funds directly benefit students, and the program is sustained through ongoing alumni and private donor contributions. Impact will be measured through student feedback and usage data, helping to guide future support and fundraising efforts.

AUSTINLAWYER | SEPTEMBER 2025

Texas RioGrande Legal Aid, Inc. (TRLA) Texas Foster Youth Justice Project (TFYJP) Awarded: $5,000 Texas RioGrande Legal Aid (TRLA) requests $5,000 to support a one-year project under the Texas Foster Youth Justice Project (TFYJP), which provides free, specialized legal services to current and former foster youth, homeless, and unaccompanied youth in Travis County. As the state’s largest provider of civil legal aid, TRLA aims to address urgent legal issues—such as access to IDs, record sealing, benefits, and emancipation—that impact housing, mental health, education, and employment. The grant will fund direct legal representation, hotline support, outreach, and the creation of mental health-focused legal guides. Led by attorney and social worker Sarah Worthington, the project promotes stability, improves mental health outcomes, reduces suicide risk, and advocates for systemic reform. Evaluation will include both quantitative metrics and client feedback, with findings reported to the Austin Bar Foundation. Seedling Foundation Parental Incarceration Mentorship Program Awarded: $5,000 Seedling Foundation is requesting $5,000 to support its school-

based mentoring program for children impacted by parental incarceration, as part of a $1.2 million project budget. Serving over 3,200 students across 130+ Central Texas schools, Seedling aims to match 550 youth with trained mentors during the 2025–26 school year. The program fosters resilience, academic engagement, and post-secondary success, with 96 percent of mentees advancing grades or graduating and 70 percent achieving 90 percent attendance. The grant will help recruit, screen, train, and support volunteer mentors. With strong school district partnerships and proven positive outcomes, Seedling continues to address the educational and emotional challenges faced by the 10,000 children in the Austin area with an incarcerated parent.

Texas State Bar Association, Austin Bar Association, Austin Bar Foundation Crisis Assistance Program Awarded: $15,000 The Texas State Bar, in partnership with the Austin Bar Association, is requesting $15,000 to support its Crisis Assistance Program, which helps attorneys who need to temporarily step away from their practice for medical or mental health reasons. The funds will be used to cover filing fees and compensate substitute attorneys handling cases during the impacted lawyer’s absence. This initiative aims to ensure continuity of legal services while supporting attorney well-being and will serve as a model for law firms statewide. AL

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AI as a Tertiary Source BY DANIELA PEINADO WELSH, GRAVES, DOUGHERTY, HEARON & MOODY, PC

n this article, I propose a useful way for the legal profession to think about AI. I describe how the technology works and how lawyers currently tend to classify material, before arguing that AI should be treated as a “tertiary” source of information. Why Lawyers Should Care I was (and still partially am) a skeptic. I’d heard AI will replace junior talent. Or AI won’t replace lawyers; it will replace lawyers who don’t use it. The CEO of Google DeepMind (a Nobel laureate) believes AI could help “cure all disease” in ten years. Still, an inability to identify source, or worse, an inability to identify made-up sources, was an obvious deterrent. The nuanced view taken by the State Bar of Texas’s Taskforce for Responsible AI in its Year-End Report is that AI “is a rapidly emerging and potentially disruptive technology that presents attorneys and judges with risks and opportunities.” According to the taskforce, nearly a quarter of judges are already testing out AI. There are anecdotal examples about its use to review the record for particular concepts and to brainstorm oral argument questions. Consistent with this view, the State’s Professional Ethics Committee provided AI-related guidance in Opinion 705, noting that lawyers should not “unnecessarily retreat” from new technology that may save a client’s time and money. But should also appreciate the risk of articulating hallucinated answers and exposing confidential information. Some AI platforms store user inputs and share them with third parties and some states, are requiring the use of disclaimers. Thus, there is room for us to be both bullish and squeamish about AI. Either way, it is penetrating the industry. Being able to detect both its shortcomings and efficiencies can help us better serve our clients, our teams, and even 28

AUSTINLAWYER | SEPTEMBER 2025

our courts. Finally, aside from these practical considerations, there are also philosophical ones for the profession to exercise leadership about – such as whether government regulation of the inputs and outputs of AI is a free speech issue. Nonpartisan think tanks are already surveying American and global audiences about this issue. How AI Technology Works There is an important distinction to be made between integrated AI that is already in platforms we use, such as autocorrect, search algorithms, and website chatbots, and generative AI that creates content like photographs (including deepfakes) and sentences. The large language models that generate sentences are generally what I mean by “AI” in this article. Large language models can review massive amounts of information across a database and synthesize it in an impressively organized manner, aggregating and distilling concepts. Popular platforms include Claude by Anthropic and ChatGPT by Open AI. However, large language models are fundamentally designed to predict the next word based on patterns. The technology may invoke an awkward word, cite to a broken link, and fail to hedge while doing so. Its training won’t be current, and likely won’t be precise on a novel or unique issue. AI as a Tertiary Source In our professional context, we already tend to think of material as a primary or secondary source. Primary sources represent the rules we must follow. Cases, statutes, and regulations – i.e., the heart of the matter. Distinguishable cases permit comparison, meaning that a case from a state-level appellate court in 1975, for example, may have less weight than a case from a 2005 Supreme Court case. That is among the in-

teresting work of a lawyer. The objective of a secondary source is commonly to lead you to your primary source. In fact, many law professors recommend starting your research with secondary sources, such as treatises or articles. The source material can also add unique value. This includes providing expert analysis, identifying cross-jurisdictional patterns, and condensing information into accessible takeaways. Interestingly, secondary sources are often evaluated by their authors and peer-review processes. The concept of AI as a “tertiary” source thus provides a useful framework for understanding and leveraging it. This framework resolves the common objections to AI. AI is based on statistical pattern recognition and, therefore, should not be relied upon as final authority. There are no authors nor peer-review processes. There are open questions about whether anyone can be held accountable for its algorithmic outputs, and whether anyone should be. But AI can at times be a tool to lead you to the right ideas and sources. It can refresh your recollection of popular treatises on federal practice, listing Wright & Miller, Moore’s, Chemerinsky for constitutional law, and Nimmer on copyrights, when prompted.

It can be a first step in the brainstorming process, democratizing that process for professionals who don’t have the privilege of working on collaborative teams (or at least, not at all times). And much unlike a proposal that could rehaul our entire workplace, this is simple habit stacking. Next time you have a general question for your search engine, you can try an AI-powered alternative. And rather than merely asking the question, you can add context, like “I am a lawyer in Texas… Provide response in bullet points with links.” But don’t take its word as gospel. And avoid saying please and thanks – apparently such niceties are costing the providers millions in electricity! AL Daniela Peinado Welsh is a business and fiduciary lawyer at Graves, Dougherty, Hearon & Moody PC in Austin, Texas. She tries cases, defends them on appeal, and proactively studies evolving issues affecting her clients, such as data security and the relatively new Texas Business Court.

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Texas Advocacy Project Invites You to Support Abuse Survivors

exas Advocacy Project (TAP) is a nonprofit organization dedicated to ending power-based abuse in Texas. TAP provides free legal and social services to victims of dating and domestic violence; sexual assault; child abuse; stalking; and human trafficking, leading them to safety and independence. TAP’s vision is a future where all Texans live free from abuse. In 2024, the organization helped 11,705 clients and their children across Texas through free legal services. Legal remedies keep families safe. In fact, a survivor with a protective order is up to 80 percent less likely to be re-victimized (Journal of American Medical Association). Additionally, survivors with attorneys are significantly more likely to obtain protective orders, with one study showing that 83 percent of survivors with attorneys obtained a protective order, compared to only 32 percent of survivors without an attorney (Rosenberg & Grab, 2015). TAP’s services are completely free to their clients. As you know, it takes resources to provide those services. That is why they are hosting the Black & White Ball – a glamorous black-tie event featuring a plated dinner, live music, dancing, Mystery Gifts, Live Auction, and the presentation of the annual Courage Award honoring a former client who embodies the exceptional courage TAP sees in its clients every day. Sponsorships and individual tickets are available to support this fundraising effort and help TAP bring safety and healing to survivors who need it most. In 2024, the Ball raised $1,160,000 to fund FREE legal and social services for victims of abuse across the state. Thanks to this funding, TAP’s legal team is able to obtain legal remedies that keep survivors and their families safe, including: Protective Orders, Custody Orders, Termination of abusers’ parental rights, and Divorces. 30

AUSTINLAWYER | SEPTEMBER 2025

While TAP serves all survivors of abuse, most clients are low-income women with children. Many clients are also facing homelessness as they escape their abuser and countless victims endure economic abuse with limited access to finances. Additionally, 60 percent of clients are people of color, and 87 percent are living at or below 200 percent of the Federal Poverty Level. By providing legal services for no cost, TAP is increasing access, power, and knowledge for under-resourced survivors of abuse. Statistically, one in three women will experience intimate partner violence, and one in five will be a victim of sexual assault in her lifetime. One in three girls in the U.S. is a victim of dating abuse, and young women ages 1624 experience the highest rate of intimate partner violence, almost triple the national average. Furthermore, domestic violence is a leading cause of homelessness for U.S. women and their children. Statewide, TAP works with 140+ survivor-serving organizations. Fewer than 5 percent of the shelters and crisis centers in Texas have attorneys on staff. Collectively, TAP’s partner agencies had only 13 staff attorneys available in 2024. Partnership with TAP provides a key referral source and helps fill the gap in attorney access for survivors. In 2024 TAP closed 1,957 legal cases in the Central Texas area. This included: • 714 Legal Line sessions providing attorney advice and counsel • 1,033 Crisis Consultations to offer assistance with obtaining emergency protective orders • 204 Assisted Pro Se cases • 6 Direct Representation cases In Central Texas alone, TAP reached 3,205 survivors (primary + household members), 80 percent of whom were women. Secondary victims included 1,195 children and 91 percent of households were living below 200 percent of the Federal Poverty Level. TAP also has a key partnership

with Austin Police Department, wherein attorneys provide crisis consultations for survivors immediately after the arrest of an abuser and offer support with obtaining an emergency protective order. The vast majority of family violence-related homicides occur during or directly after separation, so protective support during this time is absolutely critical. Texas Advocacy Project serves clients like Marisa* (name has been changed), a resilient mother of two who faced harrowing abuse during a pregnancy, which her son tragically witnessed. Marisa has an intellectual disability and has had little exposure to healthy relationships throughout her life. She turned to TAP for help to keep herself and her son safe. Having an interdisciplinary team was crucial for Marisa’s success. Her social worker provided trauma-informed interviewing to obtain her history of abuse, engaged Marisa in safety planning, and connected her to ongoing mental health resources. The team also helped Marisa prepare coping strategies so that she could confidently testify in court. TAP’s attorneys represented

Marisa in court and obtained a lifetime protective order, ensuring that she and her son are shielded from further violence. Marisa can now begin to rebuild her life, equipped with the safety and resources she needs for a bright, healthy future. TAP helps survivors regain control of their lives. Whether it’s filing for a protective order, fighting for custody, or navigating a divorce, they provide the legal guidance, safety planning, and support that survivors need as they break free from abuse. The Black & White Ball is a heart-warming, memorable evening filled with live entertainment, inspiring stories, and the opportunity to connect with like-minded individuals who are passionate about making a difference. Join TAP On September 20 at the JW Marriott, in Austin, to help raise $1.25 million to support the mission and bring victims of abuse one step closer to safety and healing. Purchase your tickets today! Go to: https://www. texasadvocacyproject.org/blackwhite-ball AL

Join an Austin Bar Association Committee

he Austin Bar invites you to serve on one or more of our committees for the 2025-26 bar year! Serving on a committee is a great way to make connections in the legal community, develop new skills to apply to your practice, and make a lasting difference in people’s lives. You can join any of the following committees at no charge: NEW - Membership: This committee focuses on attracting, engaging, and retaining new and current members. It also seeks to diversify our membership to increase the number of non-attorney members, such as law students and paralegals. The committee will explore methods to increase and diversify our membership by reviewing internal and external data, conducting member and non-member surveys, and organizing focus groups.

Austin Adoption Day: This committee coordinates the annual Adoption Day (traditionally held on the first Thursday of November), including organizing and gathering the donations of books, food, balloons, and gift-basket items. Interested committee members may have the opportunity to handle a pro bono case. Bench Bar Committee: This committee organizes and implements the Austin Bar’s Annual Bench Bar Conference held for Travis County lawyers and judges. Committee members create the full-day conference program, including developing a theme, identifying topics, and recruiting speakers. CLE Committee: This committee organizes the Austin Bar’s monthly 4th Friday CLE programs, which are available for free to Austin Bar members and enables them to maintain

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their law license at no cost. These monthly CLEs are generally only an hour, featuring one topic and one speaker, and can be held over Zoom. Communications: This committee creates and reviews content for Bar Code, Austin Lawyer, the Austin Bar website, and social media. DEI Committee: This committee hosts discussions to increase understanding and lead to inner and external change, networking focused on bridging social capital, compiling resources for people seeking guidance, and identifying Austin Lawyer authors and topics highlighting Austin’s diversity and history. The committee will plan the annual Equity Summit. In addition, this committee oversees the Diversity Fellowship Program, which offers summer internships to minority law school students. Participants intern for the Travis County District judges and for a private law firm. Fee Dispute: This committee mediates and/or arbitrates fee disputes submitted by clients, attorneys, the courts, and the District 9 Grievance Committee. Fundraising/Golf Tournament Committee: This committee will focus on fundraising by holding social events for Austin Bar members and their families. These events will include a Fall Festival in conjunction with Volunteer Legal Services of Central Texas and the Austin Bar’s Pro Bono Committee during Pro Bono Week; and the Austin Bar golf tournament spring fundraiser. Gala: This committee plans and produces the Austin Bar’s biggest event, an annual gala, to raise money for the Austin Bar Foundation’s grant program. Hilgers House Preservation: This committee performs duties to preserve Hilgers House, applies for preservation grants, researches the history of the house, and provides tours to the general public. History & Traditions: This

committee recruits and conducts oral history interviews with Austin attorneys and judges and past Austin Bar presidents to preserve the history of the Austin Bar, the Austin legal community, and significant legal events in the Austin area. Law Related Education in Schools: This committee plans and implements various educational programs aimed at schoolaged children and supports the Akins Early College High School legal program, which is the leading advocacy high school training program in the country. The Law Related Education Committee also organizes the Austin Bar’s participation in the State Bar’s annual Law Day essay, poster, and photography contests. Lawyer Well Being: This committee aims to educate, support, and connect our legal community to achieve more balanced, mindful, and joyful lives and practices. Mentorship: The Mentorship Committee is focused on providing informal mentorship opportunities among lawyers of all ages and practice areas. The committee plans and hosts the bar’s regular breakfasts/lunches with members of the judiciary, as well as facilitates a spot-mentoring program, where attorneys seeking guidance can submit a query through the Austin Bar website and get connected with another attorney who can provide input. Pro Bono: This committee coordinates and plans Austin Bar pro bono programs and develops relationships with pro bono organizations, such as Volunteer Legal Services of Central Texas, American Gateways, and the Texas Civil Rights Project. Visit austinbar.org/updatesections, log in, and scroll down to “Committees” to add committees to your membership account. AL

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SEPTEMBER 2025 | AUSTINLAWYER

Long-Time Court Administrator Vavra Announces Retirement

ravis County Court Administrator Warren Vavra has announced he will retire in early 2026. If you’re a lawyer who has done work in Travis County, you’ve likely interacted with Warren – and remember him. “He’s always well-dressed, he’s a smart lawyer, but he sounds like he just got out of a pickup truck after tending to the horses,” said Travis County Local Administrative District Judge Amy Clark Meachum. “I’ve heard him described as a ‘metro-redneck,’” said Jacob Stokes, Director of Court Management for Travis County. As the court administrator, Warren’s job entails scheduling cases for Travis County’s central docket – a job that requires delicate handling of lawyers’ and judges’ often conflicting personalities, said family law attorney Keith Maples. “He has a tough job,” said family

AUSTINLAWYER | SEPTEMBER 2025

law attorney John Barrett of Coble Law & Mediation. “He has to get lawyers and judges in front of each other and have them all stay sort of happy. I’d be in the penitentiary if I had his job.” Warren, however, is especially suited for this role, with 419th District Judge Catherine Mauzy calling him both “the lawyer whisperer” and “the judge whisperer.” “He loves his job,” said Justice Gisela Triana, who served as the 200th District Court Judge in Travis County for 14 years before taking the Third Court of Appeals bench. “And he’s good at his job. He loves helping the litigants and the lawyers. To still take such great pride in doing it right after 30 years is really incredible.” In his 30 years of service to the Courts, Warren has worked with approximately 85 different judges and probably thousands of different lawyers.

“Very few people, in their legal careers, can say they have had such an impact on the profession as Warren has,” said Judge Meachum. “The courthouse just won’t be the same without him.” Warren is a 1992 graduate of Baylor Law School. He has been licensed to practice law in Texas since 1993. He has been a member of the Austin Bar since 1996 and speaks regularly at Austin Bar and AYLA events – most recently at the 2025 Bench Bar Conference. According to Warren, his time working for the Travis County Civil District Judges came about purely by chance. In the Spring of 1995, he was an Assistant General Counsel at the State Bar of Texas when Jim McCormick, then the Chief Disciplinary Counsel, sent him along with Joseph C. Parker, Jr., to El Paso, Texas, to try a famous reinstatement case. According to Warren, “the ink wasn’t even dry on my bar card, and

about all I was qualified to do was carry the trial cases for Mr. Parker.” The judge appointed to hear the case in El Paso was none other than Judge Pete Lowry, the Senior Civil District Judge from Austin. Less than a year later, Judge Lowry hired Warren as his Staff Attorney in January of 1996. “If that’s not serendipity, then I don’t know what is.” When reflecting on the last 30 years Warren states, “I thought I was going to be a trial lawyer, but that’s not the way my life worked out. This was the perfect job for me, it gave me purpose, it energized me, and it made me feel like I was making a difference, like I was taking care of people and helping them. Now, of course, I realize my career worked out just like it was supposed to. I’m so grateful to all the judges, the lawyers, and all the incredibly dedicated staff members who made this such a rewarding and satisfying job for me. I can’t thank them enough.” AL

34th Annual Red Mass

October 1, 2025 | Praying for those who study or are engaged in the administration of justice Presented by

The Diocese of Austin and the St. Thomas More Society October 1, 2025, 6 p.m. Mass will be celebrated by Very Rev. James Misko, Diocesan Administrator St. Mary Cathedral, 203 West 10th Street Austin, Texas 78701 Dinner and Program Following Mass The Austin Club 110 East 9th Street Austin, Texas Tickets on sale starting August 8, 2025 | Reception and Dinner $100 per person Contact 512-949-2400 or Visit https://austindiocese.org/red-mass

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associate attorneys: Arielle Rosvall, Coleen Kinsler

SEPTEMBER 2025 | AUSTINLAWYER

Ethical Issues with Using Generative AI BY CARRIE PHANEUF, VICE PRESIDENT OF LOSS PREVENTION, TLIE

Texas Professional Ethics Committee Opinion 705 comments on the “high-level” and current ethical issues facing lawyers in Texas regarding the use of Generative AI. The first issue is competence. In Texas, a lawyer’s duty of competence includes a duty to become and remain proficient and competent regarding the risks associated with relevant technology. See, Cmt. 8 to Rule 1.01 of the Texas Disciplinary Rules of Professional Conduct. While this duty does not require a lawyer to use GAI, or require lawyers to be experts in GAI, it does require a lawyer to have a reasonable and current understanding of the technology if the lawyer uses it. Only then can the lawyer weigh the risks of using GAI (i.e., hallucinations) with the benefits of providing more efficient and less expensive legal services. Nevertheless, despite warnings of the risks of GAI, there are still regular reports of lawyers being sanctioned (or worse) for citing to fake cases or made-up holdings. For this reason, Opinion 705 reminds us that lawyers are responsible for their work product “regardless of who (or what) does the original research and drafting.” Filing something generated by GAI without verifying the information is akin to filing a brief written by a summer associate without checking the argument, analysis, and case citations. Failing to independently confirm the accuracy and quality constitutes a breach of the standard of care, as well as a violation of several disciplinary rules. Intertwined with the issue of competence is the issue of client confidentiality. If a lawyer does not understand how GAI works, then it is likely that the lawyer is also unaware about the risks of inputting confidential information into a GAI program. Because GAI programs are self-learning, there is a risk that confidential information put into the program may be stored and then later revealed in response to third-party inquiries. Opinion 705 states that lawyers must satisfy themselves that any confidential information put into the program will not be re-

AUSTINLAWYER | SEPTEMBER 2025