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San Antonio’s Premier Legal Resource
AMERICAN JUSTICE
TEXAS ATTORNEY BOB HILLIARD STANDS UP TO THE BIGGEST BULLIES IN OUR NATION AND WINS
IMMIGRATION REPORT The More Things Change, the More They Stay the Same
A HEAVY HIT + THE
Being Prepared in an Auto Accident
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SEPTEMBER/ OCTOBER EDITION 2015
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SEPTEMBER/OCTOBER 2015 San Antonio's Premier Legal Resource
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DAN RAMIREZ Director of Sales & Marketing
ADRIANE GONZALES adriane@eliteattorneytx.com Executive Editor
JENNIFER PUCCI STARR jennifer@eliteattorneytx.com Director of Operations
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GARY DOMINGUEZ Graphic Designer
CRISTINA VILLA HAZAR Administrative Assistant
PITA WILLIAMS Contributors Russell Amsberry, Jimmy Carter, Albert Castillo, Joe Gonzales, Josue Gonzalez, Ivan Ramirez, Melissa May-Reed, A.J. Rodriguez, Tammy Wincott, Wyatt Wright
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Phone: 210.381.2344 // Fax: 210.877.6052 9703 Bandera Road, Suite 107, San Antonio, Texas 78250 www.EliteAttorneySA.com Print advertising: 210.381.2344 / Digital advertising: 210.620.0405 Material contained herein does not necessarily reflect the opinion of the Publisher or its staff. Elite Attorney SA and the Publisher reserve the right to edit all materials and assume no responsibility for accuracy, errors or omissions. Elite Attorney SA and the Publisher do not knowingly accept false or misleading advertisements, false or misleading editorials and do not assume any responsibility should such editorials or advertising appear. ©Copyright 2015 Elite Attorney SA, LLC. All rights reserved. Reproduction without the expressed written permission of the Publisher is prohibited.
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C O N T E N T S
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PUBLISHER’S NOTE
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FAST FACTS: Healthcare Privacy Laws
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ASK ROMO: Common Cent$ Questions Answered
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Q&A: Family Medical Leave Act
20-21
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32-35 ON THE COVER:
BOB HILLIARD
Raised a tried and true Texan, %RE +LOOLDUG PDNHV KHDGOLQHV with cases locally and nationally, delivering one message; “Texans GR QRW EDFN GRZQ WR EXOOLHV Ő
SEPT-OCT 2015 / ELITE ATTORNEY SAN ANTONIO
5
- LETTER FROM THE PUBLISHER
WarmWelcome I
nto our fourth issue and what a wonderful response! How quickly time passes! Elite Attorney SA has swept through San Antonio making a positive mark on how our community views the laws that govern it and the people who support our great system. That view is turning out to be one of respect and camaraderie, for this is a community of friends and associates that enjoy looking out for justice. Thank you to our readers for your time and for your feedback. We strive to provide the most comprehensive legal news and information available. Another huge note of gratitude goes to our attorneys, not only for the good they do for their clients, and the good they do within their community as they give back, but also the excellent advice they have shared with us and allowed us to share with you throughout these pages. EASA is offering this group an opportunity they can not pass up, one where they can make our readers, their neighbors, acquaintances, associates and friends more aware of what has been going on throughout our courtrooms. These experts in legal topics offer assistance to our interested readers, be it for immigration or on dealing with an angry neighbor, EASA has it covered. Many of our readers have mentioned they have enjoyed how connected they are to the lawyers who write for us. And we continue to offer something new at every turn. In this issue we are proud to highlight a Texas attorney who can affectionately be called an American attorney as he sweeps through our country bringing justice to those who are unable to fight a fair fight. Bob Hilliard is the epitome of an Elite Attorney, just as each cover subject before him, he stands
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ELITE ATTORNEY SAN ANTONIO / SEPT-OCT 2015
for truth and honor. It is also with pleasure that we bring to light our first highlight on immigration from attorney Tammy Wincott. San Antonio is right at the heart of this important topic for our country and EASA plans to run extensive coverage on the subject for many issues to come. Yes we are having a proud moment. It’s been a great start with much more to come, no other publication in or around the city, or state for that matter, compares in content, quality and design, as well as select market exposure. We thank you for opening these pages and for sharing them with your friends. If you enjoy what you are reading in these pages, make sure to check us out online at www.eliteattorneysa.com. This is an expanded version of the print publications, where you will have
access to all the EASA stories, as well as unique content just for our online audience. We have also compiled a directory of information on local attorneys and how to contact them should you need their services. We sincerely hope you continue to find Elite Attorney SA to be a valuable and insightful tool and we look forward to continuing to provide our readers exactly what they need. For that we continue to welcome any feedback, questions and comments at info@eliteattorneytx.com.
All best,
DAN RAMIREZ AND YOUR DEDICATED TEAM AT ELITE ATTORNEY SA
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9
Prescription for disaster: drugs and medical devices rushed to market and later found to cause
Bob Hilliard is on the front lines of pharmaceutical and medical device litigation, going toe-to-toe with pharma giants like Bristol-Meyers Squibb, Bayer, GlaxoSmithKline, and Johnson & Johnson.
injury or even death of patients
His experience includes actions involving
they should have helped.
Xarelto, Zofran, OxyElite Pro and the laparoscopic power morcellator.
fast facts H
HEALTHCARE PRIVACY well as any files stored on paper or electronically, and information shared with other health care providers or third party participants – a grouping that must be identified and made aware of their legal responsibilities once they become involved with the patient. Anyone that is caught violating these privacy practices faces steep fines and event jail time. Privacy laws have continued to evolve and change with updates made annually with questions still being asked to whether it truly covers the patient in all aspects. In recent years, Texas government felt that it was necessary to put more stringent requirements on privacy for patients than what was already in place under HIPAA. In life events such as filing tax documents, meeting with lawyers or even attending school, health records are often obtained for a person’s case or file. Once out of the hands of the health care organization these documents can become vulnerable to outside entities. The Texas House Bill 300 was passed under Governor Rick Perry and went into effect in 2012 putting stronger rules on the dissemination of information to groups such as those listed above. Of course there are still some groups that do not have to comply still under this new Bill, and security issues continue to change, as do the needs of those being protected. To be sure you are aware of your rights for privacy there are several ways to find out information about these regulations. The Texas Department of State Health Services in an excellent start. Find the organization online at www.dshs.state.tx.us.
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have you often heard the term HIPAA being used by your healthcare provider but know little more than that it means something about privacy? Yes, under HIPAA a patients rights for privacy are protected, but the Act actually has much more to it. HIPAA, which stands for the Health Insurance Portability and Accountability Act, is a federal statute first enacted in 1996. In a time where doing business online had finally taken over most healthcare facilities and insurance companies, the question of security became a bigger issue. These entities were finding that electronic business handlings were faster, more efficient and allowed for practices to increase their operations. The initial Act allowed for this electronic process to support the advancement of the healthcare industry, while also developing a standard, uniform process that each groups followed. Privacy was always top of mind, yet as the process took form, more questions were raised to how secure the information really was. Files which were historically kept under lock and key and viewed or transferred behind closed doors were now being easily sent through cyber space, or stored on a shared drive that could be accessed by many people at any time. An amendment to the Act had to be written and an important update was made in 2003 entitled the HIPAA Security Rule. This Act covers privacy in a wide variety of situations both on and off line. Officially known as Protected Health Information or PHI, information is covered as it is used within the facility, verbal or written data as
SEPT-OCT 2015 / ELITE ATTORNEY SAN ANTONIO
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Accused of a Crime?
Hire a defense team with a proven record Driving While Intoxicated (DWI) Murder/other violent crimes State and federal drug crimes Sexual assault cases Motions to revoke probation or parole Juvenile cases
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Over 36 Years of combined legal experience Over 200 jury trials to a verdict Both attorneys are former prosecutors Staff investigator is former SAPD Lt
.CY QHƂEGU QH ,QG & )QP\CNGU #UUQEKCVGU 1924 N. Main, San Antonio, TX 78212 210.472.3780 | Cell 210.710.5830
www.j oeg onz al es . c om
FREE
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ASK ROMO
- ELITE COLUMNIST
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COMMON CENT$ QUESTIONS ANSWERED
By SYLVIA S. ROMO
Sylvia Romo has accumulated an impressive list of accomplishments, honors and recognitions in her professional and political careers. Her community activities complement her success in business. Sylvia’s professional experience DV D &HUWLĆ“HG 3XEOLF $FFRXQWDQW DQG EXVLQHVV DGYLVRU VSDQV RYHU \HDUVbZLWK a diversity of clientele in her practice. 6KH LV DOVR D OLFHQVHG Ć“QDQFLDO DGYLVRU bb,Q 0V 5RPR EHFDPH WKH Ć“UVW ZRPDQ HOHFWHG WR WKH RIĆ“FH RI WKH 7D[ $VVHVVRU &ROOHFWRU RI %H[DU &RXQW\ 6KH ZDV HOHFWHG WRbVHUYHb bIRXU b\HDU WHUPV DQGbZDV UHVSRQVLEOH IRU WKH FROOHFWLRQ and disbursement of over 3 billion dollars RIbDQQXDO UHYHQXH bDQ RSHUDWLQJ EXGJHW RI PLOOLRQ DQG D VWDII RI bHPSOR\HHV b 6\OYLD VHUYHV RQ WKH %RDUG RI 'LUHFWRUV RI WKH 6DQ $QWRQLR +LVSDQLF &KDPEHU RI &RPPHUFH WKH 6DQ $QWRQLR 3XEOLF /LEUDU\ )RXQGDWLRQ WKH 8QLYHUVLW\ RI ,QFDUQDWH :RUG 3ODQQLQJ &RXQFLO DQG WKH 6DQ $QWRQLR 0H[LFR )ULHQGVKLS &RXQFLO 6KH LV WKH 7UHDVXUHU IRU WKH 6DQ $QWRQLR :RPHQĹ?V +DOO RI )DPH bDQGbWKH &DFWXV 3HDUb0XVLFb)HVWLYDObDQGbLV D PHPEHU RI WKH ,QWHUQDWLRQDO :RPHQĹ?V )RUXP b6\OYLDbKDV EHHQ DQ DGMXQFW SURIHVVRU DW WKH 8QLYHUVLW\ RI 7H[DV DW 6DQ $QWRQLR WHDFKLQJ FRXUVHV LQ SXEOLF EXGJHWLQJ DQG WD[DWLRQ DV ZHOO DV VHUYLQJ as a member of the university’s College RI %XVLQHVV $GYLVRU\ &RXQFLO 6KH VHUYHG WHUPV LQ WKH 7H[DV +RXVH RI 5HSUHVHQWDWLYHV ZKHUH VKH DXWKRUHG QXPHURXV EXVLQHVV UHODWHG ELOOV DQGbVHUYHG RQ WKH :D\V DQG 0HDQV &RPPLWWHH 6\OYLDZDV selected to participate in the White House :RPHQĹ?V (FRQRPLF /HDGHUVKLS 6XPPLW LQ :DVKLQJWRQ ' & GXULQJ WKH &OLQWRQ $GPLQLVWUDWLRQ
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ELITE ATTORNEY SAN ANTONIO / SEPT-OCT 2015
appeal disagreements. If you get a letter from the IRS that you are being audited. Don’t panic. If the examination is applicable to a specific issue, gather only the relevant information to the request. Do not expose other sections of your return if it’s not necessary. If the entire return is being examined, the documentation will be more extensive. Gather all your records, bills and receipts to support your return. That also includes mileage logs and bank statements. And sometimes, birth certificates of your dependents. It is important to present your documentation in an organized matter. Unorganized papers in a box will not make the auditor happy. Decide if you can do this alone or if you need help. It is highly recommended that in an office/field audit that you seek professional guidance. A tax attorney, a certified public accountant, or an enrolled agent are authorized to represent taxpayers. The IRS budget has a considerable impact on how many returns will get audited. Statistically, less than 2% of the individual returns are audited. However, because of the current cuts to the IRS budget, there will be fewer audits, but unfortunately IRS agents will attempt to get more tax revenue out of each audit. As a final point, be aware of the latest IRS scams. IRS agents do not call or email you asking for personal information. Don’t be intimidate in disclosing information that would jeopardize your identify and security. If in doubt, call your local Internal Revenue Service Office. Send me your questions on any topic to AskRomo@ eliteattorneytx.com. For a private consultation with Sylvia S. Romo, C.P.A, an appointment can be arrange at syromo@ outlook.com.
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Q: A:
Every year when I submit my federal income return, I worry that I might be audited by the IRS. If I am audited, what can I expect? Some taxpayers consider the IRS reminiscent of the Gestapo. That thought might sound harsh, but people are generally intimidated by the IRS. After all, fear does increase compliance. What we don’t know, frightens us. So let me give you some peace of mind by educating you on their procedures. An IRS audit is a review/examination that what you reported is substantially correct. Not filing your tax returns does not protect you. Unfiled tax returns could led to potential criminal charges. Always file your returns. First, do not ignore any notice from the Internal Revenue Service. You could end up with a larger tax bill. Or possibly have your wages garnished, your bank account frozen, and your property seized and sold which could also legally include your homestead. Returns are selected for review or audit by various methods. They include: • Random selection and computer screening based on a statistical formula that is a closely guarded secret but is based on the norm for deductions, credits and exemptions for taxpayers in each of the income brackets, in other words, “red flagsâ€?. • Document matching, information that you reported does not agree with the information received from other sources such as W-2, 1099, • Selected related returns, returns may be selected when they involve issues or transactions with other taxpayers such as partners or investors whose returns were selected for audit. Most taxpayers are not aware that they have rights as defined in the official “Taxpayer Bill of Rightsâ€?: a right to privacy and confidentially, a right to know why the IRS is asking for your information, a right to representation, and a right to
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Q&A FAMILY MEDICAL LEAVE ACT By A.J. RODRIGUEZ
The Family Medical Leave Act (FMLA) was enacted in 1993. The Act permits eligible employees working for covered employer to take up to 12 weeks of unpaid, job protected leave for qualifying situations within a 12-month period.
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Q: WHO IS AN ELIGIBLE EMPLOYEE UNDER THE FMLA? A: For an employee to qualify for FMLA benefits, he must first work for a “covered employer.” Additionally, the employee must have worked for the covered employer for at least 12 months during the period preceding the leave request. Moreover, during this 12-month period, the employee must have worked at least 1,250 hours, and the employee must work at a location where the employer has at least 50 employees working within a 75-mile radius. Q: WHO IS A “COVERED EMPLOYER” UNDER THE FMLA? A: Under the FMLA, a “covered employer” includes private-sector employers with 50 or more employees working for 20 or more weeks in the preceding calendar year. This would also include situations involving joint-employers or a successor in interest to a covered employer. The FMLA also applies to any public-sector employers including a local state or Federal government agency without regard to the number of employees. Likewise, the FMLA also applies to any public or private elementary or secondary schools, regardless of the number of employees.
Q: WHAT REASONS QUALIFY FOR FMLA PROTECTION? A: Once an employee has determined that they are an eligible employee working for a covered employer under the FMLA, then the next question would be to determine whether the basis for leave qualifies for FMLA protection. An employee can seek FMLA benefits for a serious health condition that makes the employee unable to perform the essential functions of his or her job. The FMLA will also apply to situations involving the birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care. The FMLA may also be used to care for a spouse, son, daughter or parent suffering from a serious health condition. Lastly, the FMLA will also provide protection in situations involving any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent of the employee is a military member on covered active duty or called to covered active duty.
minimize any disruption to the employer’s operations. Intermittent FMLA or a reduced schedule under the FMLA may also be used for the birth, adoption or foster placement of a child with the employee; however, such a request would require the employer’s approval. Q: CAN AN EMPLOYER OR AN EMPLOYEE APPLY ACCRUED SICK OR VACATION LEAVE TO ANY PERIOD COVERED BY THE FMLA? A: Because the FMLA only provides for unpaid leave, some employers and some employees may wish to use accrued paid leave such as sick or vacation leave to cover the corresponding FMLA leave period. Whether an employer may require or whether an employee may choose to have such paid-leave run concurrently with the relevant FMLA leave period is determined by the terms and conditions of the employer’s leave policy.
Q: WHAT IS “INTERMITTENT” FMLA LEAVE? A: Intermittent FMLA refers to FMLA leave that is taken in short blocks of time rather than 12-weeks at a time. Under qualifying reasons, intermittent FMLA may also allow an employee to reduce the time he or she works each day or week. If an employee is aware in advance of planned medical treatment, he or she must make a reasonable effort to schedule the treatment so as to
This information is provided by attorney A.J. Rodriguez, with the Law Firm of Kennard, Blankenship & Robinson, P.C., leaders employment law. For morning information visit, www.kennardlaw.com or call 210-314-5686 or toll free at 855-KENNLAW.
SEPT-OCT 2015 / ELITE ATTORNEY SA
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& NOTEWORTHY First Families
284 Attorney Hector Gonzalez doing time for MDA
Unlocking a Cure
T
he Muscular Dystrophy Association hosted its annual MDA Lockup and several Elite Attorneys stepped up and took the challenge raising more than $25,000 for the cause. District Attorney Nico La Hood, and Elite Attorney SA’s July/August cover attorney Hector Gonzalez were among the “jailbirds” who donated their time for the cause. The supporters are only locked up for one hour, however it is representative of the loss of mobility that occurs in muscular disease, when muscles stop working, and the limitations on freedom and independence that it can cause. The MDA Lockup has events throughout Texas in the coming months, including a Boerne event on September 24th. Funds raised will help MDA find treatments and cures, support families with life-enhancing programs and resources, and rally communities everywhere to fight back against muscle disease. For more information visit, www.mda.org.
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ELITE ATTORNEY SAN ANTONIO / SEPT-OCT 2015
Years Ago, the First Civil Government was formed in San Antonio. On March 9, 1731, 16 families arrived in San Antonio, carrying a royal decree from the King of Spain, to build the first civil municipal government in, not only San Antonio, but Tejas. This is the birth of Presidio San Antonio de Bajar (Plaza de Armas) and San Fernando Cathedral. Now 284 years later, it still remains. The Canary Island Descendants Association (CIDA), created in 1977, proudly preserves their ancestors accomplishments to this day. This fall, the group celebrated the forming of the government with its annual luncheon, used as a time to become acquainted with their “cousins” from all walks of life. The organization is made up of the descendants of Juan Leal Goraz, Juan Leal II, Juan Curbelo, Antonio de los Santos, Juan Delgado, Jose Cabrera, Bethencourt-Granado, Meleana-Delgado, Joseph Padron, Francisco de Arocha, Manuel de Niz, Ignacio and Martin Lorenzo de Armas, Vincente Alvarez Travieso, Salvador Rodriguez, Felipe and Joseph Perez. Many of the descendants still live in and around San Antonio. They are walking amongst you, owning businesses, ranching lands, and sitting in city council seats. The CIDA invites you to explore your heritage and discover if you may be one of this original group of San Antonians. Monthly meetings are held every third Saturday and new members are welcome. Please visit www.cida-sa.org.
Do You Know a Wonder Woman?
T
he San Antonio Women’s Hall of Fame is taking nominations for new inductees. Who do you know that deserves to be inducted into this prestigious group for her important contributions to our area, and to the lives of other women? The women selected for induction have made significant and enduring contributions to their fields while inspiring by example, and have contributed to the advancement of the status of women and helped open new frontiers for women. The San Antonio Women’s Hall of Fame was established in 1984 to honor outstanding women who have contributed substantially to San Antonio and/or Bexar County. Hall of Fame members also work with promising young women and the group’s financial mission is to fund scholarships for them, to help develop future women leaders. Any person or group may nominate a woman to be inducted next spring. Nominees must be a woman living, not previously inducted in the San Antonio Women’s Hall of Fame, and residing in San Antonio an/or Bexar County or in one of the six contiguous counties: Atascosa, Comal, Guadalupe, Kendall, Medina or Wilson. Nominations must be received no later than midnight Wednesday, September 30, 2015. Forms for the nomination process and criteria may be downloaded by going to www.sawomenshalloffame.org.
- GETTING PERSONAL
ELITE Eatery WHAT ABOUT BOB’S? Steaks, Cocktails and a Lesson in Prime Dining and Indulgence By JENNIFER PUCCI STARR
S
teak and Texas is about as significant a pairing as apple pie is to America. Texans know a good cut of beef, and Bob’s Steak & Chop house knows both…Texans and great beef. Bob’s claims the appeal starts with the beef, however it ends with the knowledge. Always Prime, the steaks are hand selected from the top two percent of all beef in the country. Diners who may go in thinking they are a strict ribeye fanatic (as many Texan are) are surprised when a quick lesson on how select cuts from different regions can produce and even more flavorful and tender punch end up ordering the Prime filet. Mind you there are options for both cuts, and neither is wrong, but Bob’s just entices you to try them all or to at least really understand why each can be special in its own right. Just as Texas goes big, Bob’s is no exception. From the generous portions to the well-poured cocktails, the restaurant aims to please. Patrons of the establishment vary and the likes of business and legal leaders throughout the city, frequently visiting the spot be it to impress a client or just for pleasure. “It’s more than just a good steak. The service is impeccable, the wine pairings are right on target, and we all know we will leave having had the best experience available around town,” says Harold McCall of the top legal firm Wayne Wright Injury Lawyers. Beyond the steak, the menu sticks to one theme, decadence. As you are seated a jar of the house made pickles awaits you at
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your table; that perfect mix of crunch and tang, it is quite a welcome. From there, start with the fried Maine lobster, yes fried, you only live once as they say and while most wouldn’t think of it, well Bob’s does and does it well. Have we mentioned the steak, yes we have, you can’t go wrong. However if you’d prefer there are plenty of alternative options (may we ask why?) Paired with the main course is any number of fresh made sides, but what everyone will leave talking about (besides the steak) is the carrot. This larger than life central focus of most of Bob’s courses has become a sort of legacy for the establishment. It’s tender,
Bob’s Steak & Chop House has been recognized by Wine Spectator magazine with the Best of Award of Excellence in the 2015 awards. flavorful and huge and I can’t image it gets finished if you’ve started with fried lobster and are now on to the amazing beef…especially if you are saving room for dessert. Oh goodness, dessert. The name alone just says it all – Bread Pudding with Brandy Butter and Candied Neuske’s Bacon. The End.
ELITE ATTORNEY SAN ANTONIO / SEPT-OCT 2015
Yes Bob’s has quite the following, and it is no wonder then that for the second consecutive year, Bob’s Steak & Chop House has been recognized by Wine Spectator magazine with the Best of Award of Excellence in the 2015 awards. The restaurant is one of only two establishments in San Antonio to win this award. “It's a tremendous honor to be recognized for the second year in a row,” said General Manager Patrick Bean. “This award shines a spotlight on our commitment to running the best wine program in San Antonio. Having an amazing wine list is an important part of creating special dining experiences for our guests.” The Best of Award of Excellence honors restaurants whose wine lists typically offer 350 or more selections along with superior presentation, and display either vintage depth with several vertical offerings of top wines or excellent breadth across several wine regions. Bob’s Steak & Chop House has a list of more than 550 wines. As the Bob’s Steak & Chop House website says, it is a traditional American Prime Steakhouse, combining simple elegance, a lively atmosphere, big drinks, fine wines and large cuts of the finest prime steaks, chops and seafood. Yes it is quite all of that and now, after reading this, when planning your next gourmet dining excursion you will be saying to yourself, “Hey, what about Bob’s?” For more information, visit www.bobs-steakandchop.com/locations/san-antonio, or call (210) 222-2627.
- GETTING PERSONAL
THE RAMBLING MAN
Mike Jackson: Lawyer by Day, Music Maker By Night
L
ive music and the law, the two loves of local attorney Mike Jackson. Although a pro at each, one of the two has had his heart for the majority of his life…music. Today he spends his days trying cases, but in the evening Mike can be found jamming throughout San Antonio. Jackson is originally from a very small town in New Mexico on the Colorado border called Chama. When his father returned from his service in the Navy during the Korean War, he began his career with the United States Border Patrol and the family moved to Del Rio, where Jackson grew up, and found his love of music, picking up the guitar as a young high schooler there in the late 60s. “Del Rio was a great place to be young in the '60's and for reasons I cannot fathom,” recalls Jackson. “There were a number of talented musicians living in Del Rio in those years.” In addition, Mexico was a relatively safe place to go and every little bar up and down Main Street had four or five piece bands
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ELITE ATTORNEY SAN ANTONIO / SEPT-OCT 2015
whose members were supporting families with their music. Jackson got to know great players on both sides of the border and they encouraged and helped him learn to play the guitar. “I also discovered that I had a fair singing voice and so I began what has proven to be a life long infatuation with playing and singing,” says Jackson. Graduating high school in 1970, Jackson moved to Austin to attend the University of Texas. As a number of young people of his generation discovered, he was not yet ready to be a serious student. So, he went to work in and around Austin and continued to play with a number of Austin musicians until late 1971. At the time Jackson’s father was transferred to Northeast Oklahoma and he decided to move there to join his family. In Oklahoma, Jackson enrolled in a junior college as a music major and while there met his wife, Jeanne. “When we met, she was working for Southwestern Bell and dating Leon Russell's recording engineer (which I thought was very cool),” says Jackson. “It was one of those love-at-first-sight things and we have been together ever since.” Jackson and his wife will celebrate 43 years together this December. The couple has one daughter, of whom they could not be more proud. She is the Auction Coordinator and Cataloger of American Indian, Pre-Columbian and Tribal Arts for Heritage Auctions. After obtaining my undergraduate degree in history at the University of Texas of the Permian Basin, in Odessa, where the couple had been transferred, Jackson’s job moved them to San Antonio. “I had been thinking about Law School, because we had
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some friends who were attorneys and they got to work in-doors under an air conditioner, so I took the LSAT and applied to St. Mary's,” says Jackson. He graduated with Distinction in 1983, in the top eight percent of his class and scored the second best grade in the state among those sitting for the bar exam at that time. He spent two years with the Bexar County District Attorney's Office and has, for all intents and purposes, been a solo practitioner since leaving that office. About six years ago, Jackson became a Family Law Mediator and is now mediating full time. During law school Jackson continued to play guitar and was the lead singer for a country band called The Blue Riders. It was a typical country cover band, and at 30, he was the youngster of the group. After Law school, he played off and on with various bands in and around San Antonio but it wasn't until 2005 that Jackson began again in earnest to play in a regular organized band. That band was and remains The Court Jesters, an all lawyer band, except for the keyboard player, who is a real estate broker. The genesis of the band occurred when Mary Doggett, a San Antonio attorney, was elected President of the San Antonio Bar Association. Doggett, quite the singer herself, decided she wanted to put together a band to play at her Inauguration. Thus arose The Court Jesters. The band included Doggett, Judge Sol Casseb, his brother Joe, Brett Rowe, Ruben Barrera, Steve Barrera, Doug Walsdorf,
Jim Frost, Judge Mark Luitjen, Bobby Trevino and Jackson. The band is a 10-piece classic rock band with a four-piece horn section and Jackson was the lead singer and a guitar player. Doggett left the band when the duties of motherhood and a busy law practice called. Judge Luitjen left the band about year before Jackson did, replaced by David Parent. Jim Frost has also retired as a Jester and has been replaced by Frank (Pancho) Menchaca. One of the most exciting experiences the band had was in October 2011 when, after winning a local battle of the bands, they were selected to open for Huey Lewis and the News at the Majestic Theater. The performance can be found by doing an online search of the event and see more about them at www. courjestersband.com. After nine years, Jackson left the Court Jesters (on good terms) and began a new musical endeavor: The RambleCats. The 'Cats are a four piece guitar band and a very different musical experience from the Jesters, playing an eclectic mix of music. “You are likely to hear everything from Lefty Frizzell and George Jones to Tom Petty and Dire Straits,” says Jackson. “We like to say that we play 3 kinds of music: I haven't heard that in a long time; I think I've heard that before; and What the hell was that?” The RambleCats can be heard
around town at venues including The Cove, Rolling Oaks Golf Club, Alamo Brewery, Franco's, Leon Springs Grill, Mi Casa Tamales and others. The RambleCats are Bob Brown, Kenny Kaufman, Steve Harrison and Jackson, who claims, “We are having a ball. Chronologically, I am about to turn 64 (will you still need me, will you still feed me?), but from the backside of my guitar and the microphone, I'm 19.” Find more about The RambleCats on the group’s Facebook page, where the first post is a short demo of some 'Cats tunes. Although no longer a full time Court Jester, Jackson is occasionally called upon to get back up in front of the band when the young lawyer and tremendous singer who took over the lead singer duties in the band, Shawn Smith, has to be elsewhere. One such event was the recent, Taste of the Heights. “That is always a great experience and the band has been privileged to play there a number of times,” says Jackson. “Being onstage with the Court Jesters is always a great time and the members of the band are really a ‘band of brothers’.” “Live music has been an important part of my life for the last 48 years and it keeps me young,” says Jackson. “I hope readers will take the opportunity to come out and support live music in general and The RambleCats and Court Jesters in particular.” +
SEPT-OCT 2015 / ELITE ATTORNEY SAN ANTONIO
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D I D YO U K N OW S A N A N TO N I O ’ S # 1 L U X U RY R E A L ESTATE AGENT IS ALSO A NON-PRACTICING ATTORNEY? “As an attorney and a Realtor, I promise you that your education and expertise can work against you when buying or selling a home. Residential real estate can be a strange and emotional world. Contact me to discuss how hiring a Realtor with a legal background can benefit you.” – Jason
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#1 ranked REALTOR®, Homes above $500,000, San Antonio Business Journal 2015
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Licensed Attorney, University of Texas School of Law ‘96
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Phone or Text: 210.386.1833 | JasonGlast.com 10 Dominion Drive | Jason@JasonGlast.com
- GETTING PERSONAL
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LET THEM BE LEADERS Cynthia and Thomas Parker of Judicial Services Records Company share a story of how faith and commitment to others can inspire success in life and in the workplace. By JENNIFER PUCCI STARR
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h recipe for success, be it in business or just life in general, he ccan take years to discover. For one San Antonio couple they drew inspiration from the challenges they faced to create a d tteam of leaders, leaders within themselves and in their company Judiciall Services Records Company. Cynthia and Thomas Parker, drew from faith the ability to build a happier, more successful and fulfilling life, and then made it their mission to offer this discovery to others, and they are happy to share that discovery with the world. The Parkers started their journey as students and members of the band at South San High School in San Antonio. Thomas, the youngest of five children began working at an early age to help support his family, while Cynthia and her brother were pushed to focus on getting the most out of their education. In both instances they were given the drive to work hard from an early age by parents who wanted more for their children then they had themselves. As the two grew up together and fell in love, they found strength in both that similar drive instilled in them by their parents as well as the complimentary difference and became one another’s greatest champion. When the duo found themselves pregnant with their first son, they made their first big sacrifice and commitment to their family. Thomas worked while Cynthia completed college at St. Mary’s University, together raising their son the best they could. Their son became their single greatest motivator to succeed. “My counselor said I should give up and just get a job, that an education for a young mother was pointless, but that was not an option.” Cynthia went on to study hard and make good grades, while Thomas focused on working hard to provide a good stable home. Throughout this time, Thomas was also learning, but about his future, as he sought to find a career he could thrive in. After being laid off, his interests were piqued by an advertisement offering training the field of judicial services. Learning about these important services needed by courts and the people who found their way into them was fascinating to Thomas, and something he felt driven to do. “I fell in love with the concept of the industry and I knew this was something I was born to do.” It was an exciting time, of discovery and growth, but a time that also met with challenges. Thomas struggled within companies that were not providing a stable work environment or job security. After being laid off Thomas knew that if he wanted to take this career to the next level, and to give his clients the best service, he needed to be the decision maker and Judicial Services Record Company was born. Clients who Thomas had worked with before starting the company were excited to move forward with the new company. The initial services of the company included retrieval of records that may often be quite difficult to track down and keep organized; the team streamlined the process and was able to provide an invaluable service to not only legal representatives and their clients, but also to insurance companies that often need access to hard to find documents. The company also offers online access to their services and training for clients who would like to access these search tools themselves. Cynthia had graduated by this point and was moving along in her career as a process improvement specialist and a Manager at a credit union,
E SPOTLIGHT +
serving the members of the armed forces. In the positions she traveled throughout the country, taking her away from home often. “I loved my members, it was a great organization, however I recall arriving home one day and realizing I longed for my family,” says Cynthia. After repeated requests by Thomas to join him in the business Cynthia decided she was ready to embark on this new venture with her husband, one where she could bring that love of client service to Judicial Services. Starting a business, raising a family and working day in and day out with your spouse needed equal effort, letting one fail meant each would suffer. The business
the couple brought that right into their business practices. They were setting forth not only to do good for their clients, but to provide the inspiration to those who work for them to want to be the best they can be. “We serve our clients and we serve our staff,” says Cynthia. “Each staff member is a leader in life in many aspects; relationships, kids, sports teams. Therefore we wanted them to have all the fundamental skills needed to be leaders in their career.” Providing optional leadership classes for their staff such as ‘Defining your Leadership,’ ‘Grander Visions,” “Good to Great,” and other topics the couple strive to provide the best opportunity for growth, ultimately creating a
Robbins’ conference in Dallas. At the event the couple took a different sort of leap of faith and tried
They were setting forth not only to do good for their clients, but to provide the inspiration to those who work for them to want to be the best they can be.” was moving along, yet the stressors were catching up to the duo and they knew they needed to seek a new path for guidance and support. “We visited Grace Point Church and realized here, that if we continued down a path where we felt compelled to do things on our own will, we would fail,” recalls Cynthia. “You can say we met God here and learned of his unconditional grace, his forgiveness and of His power. As it says in Matthew 19:26, ‘with man this is impossible, but with God all things are possible.’” Finding that inspiration in faith,
positive working environment that they can feel happy returning to every day. For those who attended 80 percent or more of these classes, they were then sent to the Global Leadership Conference. “We have many high-level team members and without them I would not be sharing our story,” says Cynthia. Going deeper into their faith, the couple needed to find the strength to move into another much needed area of service for their clients, court reporting. As a birthday present from her son the couple were gifted tickets to attend Tony
fire walking, said to unleash the power within. “What we discovered was that God gifted each one of us with the confidence that anything is possible,” says Cynthia. “We faced fears symbolic in the red-hot coals, to claim the life that was intended.” The couple also came to the realization that they had set limitations to their business and after years of sending clients that needed court reporting away, it was now time to provide this service and become a one-stop organization for the judicial support their clients needed. The fire walking has
not ceased for the Parker family, as they have sent both children to also experience this life-changing event. “Stay posted, we are also surveying the staff for volunteers,” says Cynthia enthusiastically. Judicial Services, its leaders, and its team stress that its main focus is serving others. “It sounds cliché,” says Cynthia, “but we love and respect our clients like our family. Stretching to the ends of the world to make their service experience excellent. Our promise to out clients is that if they just give us a try, we will not let them down.” It is a group of professionals who are striving to provide excellent legal support, in all facets, nationwide. A life lesson can be learned from this courageous couple, one that if you give your all in what you believe and lift up others to greatness, the result is one of fulfillment and success. Find out more about the work of Judicial Service Records Company by visiting, www.judicialservicessa. com or calling 210-681-4885.
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- ON THE COVER
IN JUSTICE
Texas attorney Bob Hilliard brings national cases to justice by inspiring jurors to go deeper By JENNIFER PUCCI STARR
B
ob Hilliard is not a man to mince words, quite the opposite in fact. If you are within the audience of one of Hilliard’s trials, chances are you’ll be on the edge of your seat. Chances are you will hear a story of injustice. A story of a person who was unable to make their own voice heard under the booming threats of big business lawyers, that is, until Hilliard joined the fight and shaped an undeniable story out of an injustice. Although a licensed Texas attorney, Hilliard is more accurately known as an American trial lawyer. Quite a fitting description, as many of his larger cases have been tried outside of his native state. For 35 years, he has made waves across the country challenging not only those intimidating corporations, but also institutions and government entities, including the one under which he holds his license, the Texas Supreme Court. In a well-publicized 1997 motion involving a now landmark and historic case (Havner vs. Merrill Dow) that changed Texas law, Hilliard wrote to the Texas Supreme Court, no holds barred, insisting the Court rehear a case he tried and won, but five years later was reversed when the Supreme Court changed the law. In the affidavit, Hilliard grabs attention from the very first words written: “Outlined against a hazy July sky, the four horsemen rode again last Wednesday, July 9, 1997. You know them: Pestilence, Death, Famine, and this Texas Supreme Court.” This case, that Hilliard was ready to put his career on the line for, was on behalf of a young girl named Kelly Havner. Havner was born with a birth defect that caused a limb deformity after her mother took a morning sickness drug she was made to believe was completely safe. During the trial against the drug company, Merrell Dow,
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Hilliard and his team presented substantial medical evidence. The jury ruled in Havner’s favor. However, soon after the verdict, the procedures for presenting expert evidence changed and the Texas Supreme Court reversed the decision, and refused to allow the case to be retried under this new standard, which had not been the law during the original trial. The case was strong and Hilliard knew that if he were allowed to try the case again, even under the new standard, he would still win, yet a rehearing was denied. The motivation behind this denial could not be ignored – Merrell Dow, and the legal team representing them, were linked to supporting the election of at least one of the judges behind this new decision. In a ’60 Minutes’ TV special, the question arose: “Is Justice for Sale in Texas?” Hilliard was interviewed and quite emphatically gave ample evidence in support of that. What followed was a new battle that could have potentially cost him his career, but Hilliard had made a promise to the Havner family to do everything in his power to bring them justice. The Texas Supreme Court decided to go after Hilliard. He was ordered to appear before the Grievance Committee to defend his actions. ”She is my client and she was wronged, and they were part of the reason she could not have her day in Court,” says Hilliard. During the Grievance proceedings, a lawyer representing Hilliard told him to recant or he would quit. Hilliard let him go. When Hilliard met with the Grievance Committee, they pulled his letter to the Court from a big stack of filed documents and asked Hilliard if he stood behind these words in his affidavit: “I had a choice to make. Either stop trying cases with every ounce of feeling, talent and love I could manage to muster or stand up for Kelly,
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for myself and for my sense of justice. I made the decision based on a true need to give my client what she deserved; a person who happened to be a lawyer and who cared deeply and completely about her and her parents…the Court believes I did not have the right to protect justice for my client in this manner, nor does it believe I have a duty to my client to question who is guarding the guards. This Court is wrong.” Hilliard told the members of the grievance committee he stood by his words. “They dismissed the case on the spot,” Hilliard said. In speaking with Hilliard it is clear…this is no act. He does care just this much. His passion was so clear, that the question begged to be asked, Is he a vigilante of justice, the virtual masked man of law? “No, of course not” Hilliard laughs. “There’s plenty of injustice in the
injury of five people. Lee was tried and sentenced before Hilliard became involved. After this initial trial, Hilliard was contacted by one of the victim’s attorneys, hoping Hilliard would join a sequential case, this time to sue Toyota for the malfunctioning car part – blaming Toyota for the accident. Hilliard read the files, looked at the inviting attorney and said, “So, what about the guy that’s been in jail for almost 3 years, we need to get him out?” Not ready to take that route, the attorney tried redirecting Hilliard, but it was too late, justice needed to be the first priority and as Hilliard says, “If I could help do something about it, Koua would not spend another day in jail.” Hilliard then spent his own time and money to help Lee, ultimately winning back his freedom…and then some. Hilliard then sued
“There’s plenty of injustice in the World, all you have to do is understand we each have a human responsibility to fight against it.” World, all you have to do is understand we each have a human responsibility to fight against it. This is what I invite my juries to help me do.” In yet another headline grabbing case, Hilliard found himself defending the freedom of Koua Fong Lee, a Hmong immigrant wrongfully convicted of vehicular homicide and serving time in a Minnesota prison. Lee’s Toyota Camry suddenly accelerated, causing the death and
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Toyota on behalf of Mr. Lee and his family and obtained a $14 million jury verdict, the largest of its kind against Toyota. “A bully is a bully, even if it is the largest car company in the world, with an army of lawyers defending them,” says Hilliard. Putting his talent for speaking aside, what Hilliard does in the courtroom comes from something deeper – an ability to share with and
ELITE ATTORNEY SAN ANTONIO / SEPT-OCT 2015
draw empathy from members of the jury, telling the real story of the victims he represents. To Hilliard, it is something he believes all lawyers have in them, if only they would take the time to find it. “The hardest thing to do as a lawyer, who fights for a living, is to take a step back and know yourself, to be vulnerable and understand how you feel about your case while telling your client’s story,” says Hilliard. “The jury has more collective intelligence and understanding of the world than anyone else in the Courtroom. All they want is the truth told simply.” Hilliard says he tries to give them touchstones and a sense of power, and the rest is up to them. No tricks. No slight of hand. Not found in most books, Hilliard notes the good work of one Wyoming institute that is taking this matter seriously - The Gerry Spence Trial Lawyers College. Hilliard has been a visiting professor at the college that boasts a mission of “training and education of lawyers and judges who are committed to…protecting the rights of such people from corporate and government oppression. In all of its activities, the Trial Lawyers College will foster and nourish an open atmosphere of caring for people regardless of their race, age, creed, religion, national origin, physical abilities, gender or sexual orientation.” It seems as though Hilliard was born to fight these battles for justice. The son of Delmar Shelley Hilliard, the young Hilliard learned early on to stand up for fairness. Hilliard senior, a Vietnam fighter pilot who flew 172 missions, was honorably discharged from the Air Force upon learning he had Muscular Dystrophy. Attending law school and then becoming the county
attorney of Newton County, Texas, Hilliard’s father challenged his own courthouse to a legal dispute when they refused to put an elevator in the building, deterring him from fully practicing within the building. He won the battle and the elevator was installed and became affectionately knows as Shelley’s Shaft. Not sure he had the desire to follow in his father’s legal footsteps, Hilliard took his time deciding. With a Bachelor of Arts in English Literature from St. Edward’s University in Austin, Hilliard’s first love was tennis, attending the college on a tennis scholarship. He excelled at the sport, and considered making a career of it. Still not ready to choose, Hilliard entered law school with the initial idea of just buying himself more time. However, with that competitive spirit, Hilliard thrived in the new educational
“The jury has more collective intelligence and understanding of the world then anyone else in the Courtroom. All they want is the truth told simply.” environment and graduated with honors from St. Mary’s University School of Law in 1983. The firm Hilliard Munoz Gonzalez, LLP opened in Corpus Christi in 1986. Still thriving today, the practice centers on mass torts, personal injury, products liability, commercial disputes, business litigation, wrongful death, and civil rights matters. More recently, Hilliard opened another practice, Hilliard & Shadowen, LLP, located in Austin. The firm engages in antitrust and civil rights litigation, to pursue economic and social justice on behalf of individuals and businesses that have been hurt by corporate and institutional wrongdoing. Nationally, Hilliard continues to make waves, frequently appearing as a media pundit on news outlets such as CNN, Fox, CBS and ABC News, lending his legal expertise to headline cases. In the courtroom, Hilliard has yet again taken on a behemoth of a fight. After his successful representation of victims of accidents caused by General Motors, Hilliard was appointed Co-Lead Counsel in the National GM Ignition Switch Litigation, where he has primary responsibility for all death and injury cases. The lawsuit is the single largest product liability litigation in U.S. history. Although his work with GM now takes the
majority of his time, Hilliard still finds himself donating his time for cases of the heart. Following an old friend’s online documentation of his battle with cancer, the situation caught Hilliard’s eye when it hit a standstill. He was being treated by MD Anderson, a world leader in cancer treatment, yet his insurance did not want to cover the medical expenses. The treatment had proven results and should have been covered, so Hilliard contacted his friend and said he wanted to help and today is working towards getting his friend that much needed treatment. Beyond the headlines, Hilliard has received numerous recognitions for his work on behalf of victims of corporate and institutional wrongdoing. He has been named a “Texas Super Lawyer” numerous times throughout his tenure and has received the Martindale-Hubbell “AV Preeminent Rating,” the highest honor a lawyer can receive based on peer reviews. The first ever recipient of the “Never Forgotten Award” was bestowed upon Hilliard by the Innocence Project of Minnesota for his tireless work to free Lee, and he was a finalist for National Lawyer of the Year by Public Justice. His service to his field also continues as Hilliard has been recognized as an “Advocate” on the American Board of Trial Advocates, which
requires a minimum of 50 trials as lead counsel. He is also a past National Co-Chair of the Ethics Committee of the Association of Trial Lawyers of America. Outside of the courtroom, Hilliard takes on the verdict of fatherhood proudly. Welcoming his 7th child this coming Fall, Hilliard is a strong family man, and a proud one at that. With his oldest daughter practicing law in Houston and a son in his third year at Hilliard’s alma mater St. Mary’s Law School, it is evident that the Hilliard name may continue to stand for justice for many decades to come. Though a well-known American attorney, Hilliard is a true Texan. As he proudly dons the state flag on his signature cowboy boots, he aims to send a message to the rest of the country. “Texas raised me. It instilled in me one rule: We stand up to bullies and we protect those who can’t protect themselves,” says Hilliard. That is completely evident in the good work this strong willed Texan has done. In the words of Kelly Havner, “I only hope that someday I will be able to remember your example and stand up for my beliefs so strongly.” For more information on Hilliard visit, www. hmglawfirm.com.
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COMMUNITY CONNECTION -
Found!
The San Antonio Humane Society provides a safe haven for pets in need By MELISSA MAY-REED
H
ow would you feel if you were lost, alone, hungry, hurting, and too scared to ask anyone for help?? That is exactly how thousands of dogs and cats feel each year in San Antonio. Mahatma Gandhi once said “You can judge a society by the way it treats its animals”. If that is true than there is one organization in San Antonio that is definitely leading by example and showing us all how to treat animals with the love and respect they so richly deserve…that organization is the San Antonio Human Society (SAHS), not affiliated with the Humane Society of the United States or the ASPCA. While many of the animals that find themselves at SAHS have been lost, sadly, there are many more that have been abandoned, severely injured, abused, or neglected. These poor animals enter the shelter with a broken spirit and are usually scared of anyone that they come into contact with but the caring staff at the San Antonio Humane Society is able to gain their trust through love, patience, and understanding. A perfect example of this is Diego, a 2 ½ year old Airedale Terrier and Rottweiler mix. Diego was found abandoned, covered in motor oil, and tied to a poll outside the SAHS shelter. After entering the shelter, he immediately received numerous baths to remove the motor oil that was drenched all over his coat and skin. It was then that the staff realized that Diego had Sarcoptic Mange. While this type of Mange is contagious, it is easy to treat. SAHS, through their foster care program, found Diego a loving home to recover in and provided him with everything he needed (including bedding, blankets, food, toys, medication, etc.). After he recovered, he was lucky enough to be adopted by the very same family that fostered him while he healed. Thanks to the San Antonio Humane Society, Diego got a second chance and now gets to experience what TRUE LOVE really is!! Every year, SAHS medically treats, and rehabilitates approximately 5,000 animals that have been injured, abused, or abandoned until they are ready for adoption. As a NO-KILL organization, the shelter only euthanizes
animals that they are unable to treat, have a condition that poses a significant threat to the other animals in the shelter or that have aggression issues. Through adoption, volunteer, foster care, and educational programs they work tirelessly to educate the public on the importance of responsible pet ownership, spaying/neutering, and microchipping. In an effort to keep animals off the streets and out of harm’s way, the city of San Antonio recently passed an ordinance to allow pet owners to utilize a microchip as a way to register their pet with city. Microchips are often described as tiny, rice-size, instruments with unique identification numbers that are implanted above the shoulder blades of the pet. If the pet were to get lost or found, a microchip scanner can be used to verify the owner’s contact information with the microchip company. As a huge advocate of microchipping, the San Antonio Humane Society microchips every animal before it is placed for adoption, as well as, offers microchipping services to the public Monday-Sunday between 12pm-7pm. No appointment is needed! “It is such an honor to serve on the board of directors for the San Antonio Humane Society. Not only do they make a tremendous impact on the lives of dogs and cats, but they also provide an incredible service for the people of San Antonio.” —Andrea Porter Lutz, Attorney For more information on how you can join the San Antonio Humane Society in making a difference for animals in need, visit www.sahumane.org or call (210)226-7461
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- COMMUNITY CONNECTION
CALLING ALL CANDIDATES The Leukemia and Lymphoma Society now accepting nominations for the Man & Woman of the Year campaign By JIMMY CARTER
leadership abilities and resources to conduct fundraising campaigns to help the society fund blood cancer research and provide education and support services for patients and their families. The male and female candidates who raise the most funds during the campaign are awarded the title of the chapter’s Man and Woman of the Year. The South Central Texas Chapter has broken records and is tops in the nation in fundraising. This year’s eleven candidates raised over $620,000.00 in just ten weeks. The best part of being a candidate? No doubt, the gifts, cards, and wonderful notes from the Boy of the Year and Girl of the Year (always two unbelievably upbeat cancer conquerors) are nothing short of awe-inspiring. But besides accomplishing something to help those in need, and a few great parties and events long the way, it is the understanding that comes with realizing how easy it is to sell the mission. In other words, raising money for cancer research is “simple” because of the impact cancer has on almost everybody in the community at large – everyone wants to help. It is a tremendous nuance to the work, but also one that informs of the great need to accomplish this valuable and important effort. This is, also, completely omitting the many great people met along the way. Keep your eyes peeled for how to get involved with the Leukemia and Lymphoma Society via their website at www.mwoy.org/sctx/localchapter/sat, or by nominating a candidate by contacting the local chapter at 210-998-5400. It is an experience you will not regret. James “Jimmy” W. Carter, IV, is an attorney for the San Antonio firm Langley & Banack and the LLS Man of the Year Winning Candidate for 2015.
“Medical science is now on the precipice of truly groundbreaking therapies that will enable doctors to engineer cures for all kinds of diseases, not just cancer; but also everything from Alzheimer’s to the common cold.” 38
ELITE ATTORNEY SAN ANTONIO / SEPT-OCT 2015
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“W
e must always be mindful that the practice of law is a profession. As members of a learned art we pursue a common calling in the spirit of public service. We have a proud tradition.” Perhaps these words from the Texas Lawyer’s Creed illustrate why four out of 12 of this year’s 2015 Leukemia and Lymphoma Society’s (LLS) Man and Woman of the Year Candidates were attorneys. That statistic alone is a definite nod to the giving spirit of Texas attorneys. The Leukemia and Lymphoma Society’s Man and Woman of the Year event is an important fundraiser for the LLS, and in turn for the work that the LLS funds. LLS’ work includes providing funding for medical studies that are truly on the cutting edge. For example, Dr. Carl June, one LLS funded researcher, recently used a repurposed HIV virus to retrain a patient’s immune system to recognize and kill leukemia cells. The rate of medical advancement and discovery has increased at an exponential rate over the course of history. We have largely conquered bacteriological illnesses using antibiotics and other drugs. Medical science is now on the precipice of truly groundbreaking therapies that will enable doctors to engineer cures for all kinds of diseases, not just cancer; but also everything from Alzheimer’s to the common cold. That is the potential for the studies and research that is supported by the fundraising work of those who endeavor the Man and Woman of the Year Event. Every year, LLS selects candidates to accomplish a ten-week campaign to raise funds to help find cures for blood cancers. The campaign includes key individuals from our community who agree to utilize their
- ELITE OUTING
TOOTH TRANSITIONS PEDIATRIC DENTISTRY is dedicated to making a child’s visit to the dentist fun and fearless. Yet this year the group, run by Dr. Damon Ross, kicked that mission into overdrive. With its first annual charity fashion show, Dr. Ross wanted to give a group of seemingly fearless kids a little fun, while also raising funds and awareness for an important organization, The Ferrari Kid Foundation. The Ferrari Kid experience is designed to give children coping with cancer and other illnesses a chance to forget all about their struggles and give them a break by making them a celebrity for a day. The Ferrari Kid Foundation offers each child a life changing Ferrari ride to the child’s favorite local celebrity place be it a sporting event or fashion show, each child’s event is customized to their dreams. With a red carpet and their own paparazzi, bringing smiles to the faces of these extraordinary children is what the Ferrari Kid experience is all about. In true Ferrari Kid fashion, the Tooth Transitions 1st Annual Fashion Show invited some of the Ferrari Kids to participate in this glamorous event, walking the runway and posing for paparazzi donning some of the top styles of the season. Patients of Dr. Ross joined the Ferrari Kids on the runway and following the children’s show guests enjoyed a spectacular display from an assortment San Antonio’s most talented fashion designers and boutiques. Fashion Diva, Geeda, OTSU, Jose Ramirez, Moda Bebe and HKD Custom, wowed the crowd with couture pieces the likes of New York’s Fashion Week. Guests included not only the amazingly strong group of Ferrari Kids, but also San Antonio Fashionistas, important business leaders and officials including San Antonio District Attorney Nico La Hood, and many wonderful supporters of the organization who have show tremendous to the Ferrari Kid and its founder Manny Diotte. Best selling author, Diotte, has drawn from his own experience with childhood illness to understand and develop this program that is bringing positive change in the lives of so many children. To learn more about The Ferrari Kid Foundation visit www.theferrarikid.org.
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ALL PHOTOS (EXCEPT BOTTOM RIGHT ON OPPOSTIE PAGE) BY TERNELL WASHINGTON
Fashion For A Cause
FABRIC BACKGROUND: STUDIO306/BIGSTOCK.COM
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- ELITE OUTING
HONORING THE IT WAS YET ANOTHER IMPRESSIVE CROWD at the third Elite Attorney SA mixer, honoring attorney Hector Gonzalez, III. This time held at Ruth’s Chris Steak House, the event continued to bring out the best of San Antonio’s legal and business professionals. The crowd was a mix of local movers and shakers, those who were looking to make connections and network for their business and supporters of Gonzalez who was the cover of the July/August issue. Gonzalez is a leading criminal attorney in San Antonio, with a heart of true gold and a passion for giving his clients a fighting chance. Publisher Dan Ramirez presented Gonzalez with the Elite Award for his service. Gonzalez gave a heart-felt thank you to his mother, who was in attendance, for her inspiration and dedication to him. The evening followed with live music and dancing.
LIGHTS BACKGROUND: MAXIMUSND/BIGSTOCK.COM
For more information on when the next Elite Attorney mixer will be held visit www.eliteattorneysa.com.
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ELITE ATTORNEY SAN ANTONIO / SEPT-OCT 2015
THE
VERDICT IS IN
St. Mary’s Law was named a 2014 Best Value Private Law School by The National Jurist magazine. The Law School of San Antonio | http://law.stmarytx.edu/verdict
- LAW TALK
IMMIGRATION REPORT Little has changed in the level of care for detained women and children
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n August of 2012, the Obama administration created a new policy pertaining to certain illegal childhood immigrants calling for deferred action, a.k.a. “do not deport now.” The program is officially known as Deferred Action for Childhood Arrivals (“DACA”). As immigration reformed remained a political tug of war game, it was the administration’s attempt to address the long hoped for DREAM Act. The pursuit of the DREAM Act was an attempt to address those children brought to the United States at an age where they were basically victims of their parents’ decisions. These are
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the children that have known nothing but the United States all their lives. They have attended school with your children, graduated, and otherwise made positive contributions to the United States. Children you just assumed were legal immigrants or citizens of the United States. Children who themselves had no idea they were illegal and subject to deportation to a country they know little to nothing about and often do not even speak the language. These same illegal children have served in the military and sacrificed their lives to a country they believed in yet were not “legally” part of. The DACA program conveniently followed
ELITE ATTORNEY SAN ANTONIO / SEPT-OCT 2015
the political shifts in this country and likely arose from an attempt to appease all sides. The immigration reform many had hoped for was not going to happen and, yet something had to be done to address those in need whether from a humanitarian standpoint or for political gain thus the advent of DACA. It wasn’t, however, until after the Presidential election that the program really saw a surge in applicants. It is suspected that this was partially in fear of the program being repealed by a future party or administration and although there were thousands eligible who wished to obtain official documents to remain in the U.S., the
PHASE4PHOTOGRAPHY/BIGSTOCK.COM
By TAMMY WINCOTT
fear of releasing personal information such as address, relative’s names, etc. for a two-year temporary reprieve in deportation outweighed the desire for legality and thus initially the program was not fully utilized. After the last Presidential election, the percentage for reprieve and possibility of extended reprieve from deportation was enough to encourage thousands to seek DACA relief. DACA relief not only gives a two-year reprieve from deportation but also provides work authorization for the same period. Criminals need not apply. Fast forward…to 2014, the government claimed the 2012 Presidential Order for DACA created a mass movement of illegal entry by women and children hoping to qualify for relief (impossible because they wouldn’t have met criteria) therefore, three “jail-like” facilities were designated to house the women
ANDRES/BIGSTOCK.COM
From “Family” to “Residential” to “Processing Center”: Eighteen years after Flores vs. Meese, little has changed other than the facility title. and children, opportunists. The argument that the Obama policies of 2012 were creating this influx does not add up; considering, in December 2010, The GEO Group, Inc. (GEO) was selected by Karnes County, Texas to design, build, finance and manage a new detention facility under an intergovernmental service agreement with Immigration and Customs Enforcement (ICE). The other Texas detention center, the Dilley facility, which is the largest “residential” center in the U.S. was built in 2014 for occupancy of 2,000 plus women and children. Dilley is run by Correction Corporation of America, the same entity that also managed the T. Don Hutto “Family” Detention Facility in Taylor, Texas which in 2009, after a lawsuit exposed poor treatment of detainees at the facility, i.e. children wearing orange prison uniforms and receiving 12 hours of lockdown time each day and only one hour of schooling, the U.S. Department of Homeland Security decided to stop utilizing for detaining immigrant families. Two of the facilities are within a 100 mile radius of San
Antonio and are run by private for-profit entities. The third facility is located in Pennsylvania and is operated by the county. In late July of this year, a U.S. District Judge in California ruled that the system for detaining women and children apprehended for entering the U.S. illegally subjected women and children to deplorable and unsafe conditions and ruled it violated a 1997 settlement in the case Flores vs. Meese. This settlement bars “illegal” children from being held in jaillike detention facilities. The Federal District Judge found that the Flores Settlement applies to all children including those housed with a parent and ruled that women and children deemed to not be a flight risk be released. The government was given 90 days to implement procedures for release; however, the Judge also allowed the government 30 days as is the usual custom to respond to her ruling as to why it should not be implemented. The July 2015 ruling addressed children housed with a parent but found the 1997 Flores case applied to all children including
those housing unaccompanied children, a term referring to children apprehended alone and that system shares no better reputation. In 2007, the FBI came out to investigate allegations that a 41-year-old female worker had sexually abused a string of teenage boys detained in a shelter in Nixon, Texas; however, federal prosecutors determined they lacked jurisdiction to charge the worker under a federal law criminalizing sexual abuse of ward. The Nixon shelter was shut down and reforms pledged, including a "zero tolerance" policy for abuses. The July 2015 decision gave the government until August 3rd to respond as to why the Order should not be implemented. In the response filed late in the evening of August 6, 2015, U.S. Justice Department lawyers urged the judge to reconsider her ruling, arguing that the facilities had improved and were being transformed into short-term “processing centers.” The more things change, the more they stay the same.
SEPT-OCT 2015 / ELITE ATTORNEY SAN ANTONIO
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SEPT-OCT 2015 / ELITE ATTORNEY SAN ANTONIO
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- LAW TALK
NOT PLAYING NICE When access and rights to child custody possession are denied By RUSSELL J. G. AMSBERRY
O
ne of the most difficult aspects of coming out of a divorce or a relationship where children are involved, is fostering with the former spouse or partner a positively reinforced environment making the other parent’s periods of possession and access a priority. All too often parents torn by divorce or custody litigation are bitter and resentful toward the other person, which in turn can bleed into episodes of the children being put in awkward positions or where, even worse, a parent actively seeks to punish the other parent by denying court ordered periods of possession and access. Here is a list of some of the major reasons for denying access or possession and what to do.
PARENTAL SABOTAGE
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email messaging should be employed. Additionally, courts are familiar with and there are in some cases considerable benefits from both parties fielding all communications involving the children through a Family Wizard program. If all communications about the children are tracked in one place, there is less likelihood that either parent may be abusive or subversive. However, if despite your best efforts to facilitate communications and bridge any scheduling conflicts, delays or concerns about having
ELITE ATTORNEY SAN ANTONIO / SEPT-OCT 2015
the children introduced to and living with a new significant other, the other parent refuses to surrender the children on your period of possession, you should have a police report filed documenting this and if the situation persists seek an enforcement action.
VENGEANCE DUE TO CHILD SUPPORT ARREARS The popular expression that “revenge is sweet,” definitely does not hold true in the family law context of denying another parent
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In Texas, as in several other states, courts recognize what is sometimes referred to as “alienation of parental rights.” By this, one parent actively seeks to sabotage the development of a relationship of the child with the other parent. The justifications for denying access and possession on this front are several fold, but among some of the most common reasons for denying access is coordination problems between the parties, resentments over the other parent being in a new relationship, or ambiguities in the decree or order setting about delivery and surrender. If problems exist between coordinating time/place, commonly used electronic communications such as cell phones, text and
The Texas Family Code is clear in its directive that failure to pay child support does not serve as a justification for denying the other parent with a child support obligation periods of access and possession.� CHILD EXPRESSES LACK OF DESIRE TO SEE OTHER PARENT
access and possession to their children. Too often judges are presented with petitions for enforcement of a former order or decree, brought by a parent who has been denied possession and access as a reprisal for delinquent or partial child support payments. The Texas Family Code is clear in its directive that failure to pay child support does not serve as a justification for denying the other parent with a child support obligation periods of access and possession. There are several remedies a parent has who
is entitled to receive child support should this happen, but refusing to provide access to the other parent is not one of them and can land the offending parent jail time and fines for each every violation. If you are a parent who has been denied access or possession because of child support arrears, as discussed above, document the periods of possession where access was denied and seek to cure any deficiency in support prior to instituting an enforcement action to avoid the onset of another enforcement action related to the arrears.
The teenage years are fraught with challenges both for the child and the parent: peer pressure, pushing boundaries and at times the perceived need to win popularity contests with the child over homework, rules, disciplines, and expectations. On this last front, the parent who is stricter, demands more accountability, and is more critical of the child’s activities and friends often has the short end of the stick to the parent who is more permissive and may relegate parenting to pop-culture and self-parenting vis-a-vis television. As children grow older they become more vocal about their interests, likes and preferences. Sometimes, one parent justifies not providing the other periods of possession and access as the child does not want to see the other parent, has some competing extracurricular activity or would rather spend time with their friends. Unfortunately, for the parent denying access and possession, none of these reasons will stand up well in court and in addition to fines and possible jail time, the court could impose and award the parent denied access and possession, recovery of attorneys’ fees, costs and expenses upon prevailing. Building an auspicious future and positive family identification for children raised in two households requires commitment, coordination and when possible promotion of a healthy, strong relationship with the other parent. Providing access and possession, as court ordered, is a corner stone to this. Attorney Russell J.G. Amsberry founded the Amsberry Law Firm and has 20 years in active practice with concentrations in employment law, family law, estate and elder law, and business law. To contact someone at the firm visit, www.amsberrylaw.com or call 210-354-2244.
SEPT-OCT 2015 / ELITE ATTORNEY SAN ANTONIO
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- HEALTH SPECIAL SECTION
OF SOUND MIND The Importance of Disability Planning
Statistics show that now more than ever Americans are more likely to suffer a disability before the die.
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A
n important part of any estate plan is a good disability plan p tthat not only provides for takiing care of you in the event of disability, but also takes care of the people that you were taking care of prior to your disability. By disability planning we mean planning for your possible mental disability or total physical disability that is so severe that it leaves you unable to sign anything. Medical science has improved over the last sixty years to extend our life expectancy. While most of us are living longer physically, statistics show that now more than ever Americans are more likely to suffer a disability before the die.
Here are three important disabilityplanning issues to consider:
1
Guardianships: If you become mentally or physically disabled without a disability plan as part of your estate planning, the
ELITE ATTORNEY SAN ANTONIO / SEPT-OCT 2015
result could be a costly, time-consuming court guardianship proceeding to manage your affairs. When an individual loses his or her mental abilities we refer to them, as “incompetent” and a probate court will be needed to determine if there is a need to declare the person legally incapacitated. If a person is declared legally incapacitated by the probate court, then the person will no longer have the legal capacity to enter into binding contracts. A ruling of incapacitation is a legal ruling by a probate court when an adult person is mentally disabled. Whenever a determination of disability is made by a probate court, several problems will suddenly occur. The solutions for these problems will come from the probate court: First, someone will be needed to be legally appointed to physically care for the now disabled person much the same as when a minor child needs an adult to physically care for the child when the child's parents are no longer living or competent. We refer to the person who is legally appointed by the probate court to take physical care of the disabled or minor person as the “guardian of the person.” Second, when an adult person is legally disabled, we have another problem: how do we legally manage or transfer these titles assets that are titled in the name of the legally disabled adult or minor? Titled assets are any assets that paper is needed to prove and transfer ownership. For example, titled assets include, but are not limited to: real estate, bank or securities accounts, securities certificates, insurance policies, retirement plans, businesses and automobiles. Legally disabled adults or minors lack either or both the legal or mental ability to sign the paperwork that is needed to transfer the title to titled assets. To solve this problem a probate court will be needed to appoint someone who will have the legal authority to manage the title assets and to transfer the titled to these titled assets that are titled in the name of the legally disabled person. We call this appointed person the “guardian of the estate” or the “conservator.”
MARBLE BACKGROUND: MNOZH; WOMAN AND CAREGIVER: PRESSMASTER/BIGSTOCK.COM
By IVAN RAMIREZ
While it may be legally necessary in some cases to appoint a “guardian of the person” for the physical care of a disabled person (such as admitting them to a nursing home or other care facility), a “guardian of the estate” can be avoided with a good disability plan that includes a “Revocable Living Trust.” This type of trust can provide for a “successor trustee” to legally step in and take over the finances for the disabled person, sign legal documents, and other powers that the disabled person designates in the trust instructions. The successor trustee has the highest legal duty under the law (Fiduciary Duty) to follow the disabled person’s instructions for his/her benefit and care, and is much less likely to be scrutinized by a bank or title company (unlike a “Durable Power of Attorney” which tend to be questioned often or not accepted).
2
Medical Decisions: If you become disabled and no longer are able to make medical decisions for yourself, a “Medical Power of Attorney” should be considered as part of your disability plan. A Medical Power of Attorney allows a person that you designate (“Health Case Agent”) to make medical decisions for you in case you are unable. You can also list alternate “Agents” in case your first choice is unavailable to make these medical decisions. A Medical Power of Attorney ensures that your health care decisions will be made by loved ones that you trust and know what your medical needs are.
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Minor Children: If you become disabled and no longer able to care for yourself, who will take care of your minor children? Parents with minor children (under age 18) would potentially suffer great challenges to make sure their children are properly taken care of in addition to their own personal needs. Without good disability planning to provide for someone to pay your bills, manage your bank accounts, and care for the needs of your children, the results could be devastating for the entire family. Possible solutions may include a “Guardianship Designation” for your minor children, a, a “Revocable Living Trust” with successor trustee instructions to take care of you and your family and handle your financial affairs, or a “Medical Power of Attorney” as explained above. Ivan Ramirez is a San Antonio, Texas based attorney that provides legal services in the areas of estate planning, estate administration, probate, asset protection planning, estate and gift tax planning, business entity planning, and business contracts. Ivan is also fluent in Spanish. Ramirez can be contacted at the Law Office of Ramirez & Parenti, PLLC. Call 210-448-7755 or email ivan@ram-law.com. Find him on the web at www.ramlaw.com or in Español at www.abogadoivan.com. The advice provided in the article is for general educational purposes only. For specific legal advice, consult with an attorney.
If you become mentally or physically disabled without a disability plan as part of your estate planning, the result could be a costly, time-consuming court guardianship proceeding to manage your affairs. SEPT-OCT 2015 / ELITE ATTORNEY SAN ANTONIO
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HEALTH SPECIAL SECTION -
Burn Out
Finding balance against stress and the workplace By JOSUE GONZALEZ, PH.D.
O
h no! It’s another workday! How did Monday get here so fast? What about all of the things still left to do? Where will the time come from? How often have we thought that to ourselves? Or perhaps you are the type who cannot leave work at the office, taking it home with you or even on vacations. You leave little time for yourself and your loved ones often ask you to spend more time at home, with family or with friends. This is common in the legal profession, as quite often the legal team only has a short amount of time to gather evidence. However, these professionals are not alone, physicians, business owners and executives and even that ever-important career of motherhood can lead to feelings of mental exhaustion. Whether it is your chosen career, or even a workaholic mentality, we have become a country that often puts business before pleasure. How do we, as a country find mental balance before we burn out? It is difficult to diagnose when you are
reaching that stage where you mentally need a break. Typical signs are constantly feeling fatigued, being short tempered and critical of others, and feeling like you are not your usual self. Stress comes from all directions, home, work, friends and families. Stress means a change from that which was constant. Any change is stressful, whether good or bad. The issue is not how we can prevent it. The issue is how do we learn to cope with it. The American Psychological Association conducted a study, which revealed that money and workplace stress were the top two stressors, with 60 percent of adults stating that their jobs were a significant source of stress. A problem arises in that rarely can we control the amount of stress that we face at work, while we may be able to have more power in other settings, such as at home and with family. As a result, we may feel powerless, out of control, overwhelmed, and anxious about meeting the demands and expectations placed on us. We cope by convincing ourselves that all we have to do is work a little harder, or a
little longer. We become over engaged with what we face, convinced that we only need to learn a few more skills, or find just a little more time and then we will be caught up. Unfortunately, much often we find instead that we must face what reality presents to us and that our lives now have become much more complicated. We may find ourselves not sleeping, or eating in ways that nourish us. Researchers have found that a consistent lack of sleep may lead to an increased likelihood of smoking, alcohol abuse and a lack of regular exercise – all known risk factors for more serious physical problems, such as heart disease. Indeed, constant stress and over engagement with one’s stressors may eventually lead to burnout. Then the person simply gives up and decides that there’s no point in continuing to work or do even the most menial tasks. At that point, it’s easier to pull the covers over one’s head and say, “world, I give up.” No usual and pleasurable activities help. Relationships become burdens, even with those that care greatly for us. Depression follows.
Can we change this pattern? Yes, but as with most things it is easier said than done.
Fifth is realizing that all is time limited and that all will at some point pass. This is hard, as when in crisis we forget that all crises are eventually resolved.
The first step is having awareness that this is the process that we are following. Too often we are blind to what others see, that we are attempting to do more than is possible.
Sixth is reminding ourselves that we must have a purpose in life, and that this purpose serves to give us joy.
Next comes setting priorities regarding what is possible and what must wait. This is hard, as we often feel that all must be done immediately or we have failed. Accepting our limitations regarding the need to control all of our time and other obligations is often overlooked, especially when others are involved.
A life without purpose and joy is simply one that exists, only to fade away with time. A life with joy is our goal, as joy, no matter how we define it, is the ultimate expression of our life, and is what we have to offer others. And knowing that there is joy in our life is the ultimate way to handle the crises that will always come our way.
Third, developing a plan or realistic time line is needed to act as a marker against which we measure our progress.
Dr. Gonzalez is a San Antonio psychologist who has been in private practice for over 30 years. He also teaches in graduate programs for counselors and therapists. He consults with schools, agencies, and groups regarding a variety of topics and offers workshops addressing relationships and dealing with clients with problems. Professionals needing services are advised to contact their insurance company or their professional society for further direction.
Fourth is letting others know, especially those we turn to for support that we are a crisis mode and let them understand that at that time you may need more support and affirmation from them, or that you can’t be with them in the manner they may expect due to your own need for time.
SEPT-OCT 2015 / ELITE ATTORNEY SAN ANTONIO
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- HEALTH SPECIAL SECTION
SAFE TRAVELS Legal vision measures for driving in texas
A
pproximately 11 million Americans aged 12 years and older could improve their vision through the use of glasses or contact lenses. More than 3.3 million Americans aged 40 years and older are legally categorized as either blind or having low vision. In Texas, your vision can determine your ability to legally drive on Texas roadways. Vision is most commonly described in terms of an acuity measure, or the best a person can see. 20/20 is considered normal vision; while 20/50 prohibits driving in Texas without special aids, 20/70 is called a visual handicap, and when a person sees 20/200 or worse in his or her better eye with the best possible correction on that eye, that person is considered to be "legally blind." A person can see
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ELITE ATTORNEY SAN ANTONIO / SEPT-OCT 2015
with uncorrectable 20/200 vision, but often too little is recognized to be very helpful. If you do not wear glasses or contact lenses, you must have 20/40 vision or better in both eyes to drive. However, you will face no restrictions to your license if you have 20/50 vision or better with your best eye or both eyes together, and your results are accompanied by an eye specialist’s note indicating that your vision cannot be improved or repaired. You will face driving restrictions if your vision is 20/60 or 20/70 in your best eye or both together, and your results need to be accompanied by a statement from an eye specialist indicating that your vision cannot be improved. You will be required to drive only during daylight hours and no faster than 45 miles per hour.
LOGOBOOM/BIGSTOCK.COM
By ALBERT CASTILLO
FLYNT/BIGSTOCK.COM
The Social Security Administration of the United States declares a taxpayer disabled for economic purposes and eligible for supplemental security income when the best corrected visual acuity is 20/200 or worse in the better eye, the visual field is limited to 20 degrees or less in the better eye, or both. The leading causes of blindness and low vision in the United States are primarily age-related eye diseases such as age-related macular degeneration, cataract, diabetic retinopathy, and glaucoma. Other common eye disorders include amblyopia and strabismus. The San Antonio Community is one of rich Hispanic decent and the most common cause for vision loss seen in this community is due to diabetes. Diabetic retinopathy is the most common diabetic eye disease and a leading
If you do not wear glasses or contact lenses, you must have 20/40 vision or better in both eyes to drive.
cause of blindness in American adults. It is caused by changes in the blood vessels of the retina due to diabetes. It is estimated that 45 percent of all diabetics have some level of diabetic retinopathy. So why is this important? That is because 80-90 percent of the blindness in the world is preventable and treatable through a combination of education, good medical care, and through the use of glasses or contact lenses. For diabetics, the best way to protect and maintain your vision is through controlled blood sugar levels and regular visits to your ophthalmologist. Keeping our roadways safe is a responsibility that each of us has. Good vision plays a vital role in our ability to maneuver the roads safely. Understanding these requirements and restrictions will help make your next visit to the Department of Public Safety as smooth as possible. Should you not pass your vision test or have problems or questions about your vision be sure to visit with your ophthalmologist to address any concerns. This information was provided by the San Antonio Eye Center, the Alamo City’s oldest and largest group of eye care specialists. With several locations throughout San Antonio, the Center treats all levels of eye care. Visit www.saeye.com or call 210-226-6169.
SEPT-OCT 2015 / ELITE ATTORNEY SAN ANTONIO
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- HEALTH SPECIAL SECTION
Formulating Medical Damages:
The role of a physiatrist
By JOE G. GONZALES, MD, FAAPMR, CLCP
For a physician Life Care Planner, the Clinical Objectives of Life Care Planning are to: Diminish or eliminate physical and psychological pain and suffering Reach and maintain the highest level of function given an individual’s unique circumstance Prevent complications to which an individual’s unique physical and mental conditions predispose them
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ELITE ATTORNEY SAN ANTONIO / SEPT-OCT 2015
Afford the individual the best possible quality of life in light of their conditions In order to accomplish the Clinical Objectives of Life Care Planning, a Life Care Plan must have a strong medical foundation. According to The Life Care Planning and Case Management Handbook, a central text of Life Care Planning, “For a Life Care Plan to appropriately provide for all the needs of an individual, the plan must have a strong medical foundation. Physicians specializing in physical medicine and rehabilitation (physiatrists) are uniquely qualified to provide a strong medical foundation for life care planning based on their training and experience in providing medical and rehabilitative services to individuals with disabilities. Physiatrists are, by their training, experienced in dealing with individuals who have catastrophic functional problems and are trained to anticipate the long term needs of their patients." Physiatrists are medical doctors who have completed specialty residency training in physical medicine and rehabilitation (PM&R), and who have received board certification by the American Board of Physical Medicine and Rehabilitation (ABPMR), the premier credentialing body for physicians specializing in PM&R, and one of 24 medical specialty boards that make up the American Board of Medical Specialties (ABMS). Physiatrists are experts in the medical
PAPER BACKGROUND: TOLGATEZCAN; KASIA BIALASIEWICZ/BIGSTOCK.COM
W
hen formulating h medical damages, three m basic questions must be b aaddressed: 1) what is a subject’s condition, 2) what medically-related goods and services does a subject’s condition require, and 3) how much will those requirements cost over time? If these questions sound familiar, it’s because they’re the Basic Questions of Life Care Planning [], a discipline which is specifically dedicated to addressing them. Life Care Planning is a process of applying methodological analysis to formulate diagnostic conclusions and opinions regarding physical and/or mental impairment and disability for the purpose of determining care requirements for individuals with permanent and/or chronic medical conditions.
KASIA BIALASIEWICZ/BIGSTOCK.COM
and physical treatment of disabling illness and injury [], and have long been recognized as uniquely qualified among medical specialists to provide the scientific and medical foundations essential to the development of life care plans.” Physiatrists are holistic and comprehensive in their approach to the assessment of medical and rehabilitation requirements and are well suited to determine what medical conditions remain relevant to a subject’s future care considerations throughout long-term durations of probable care. Beyond the fact the formulation and/or defense of medical opinions regarding a subject’s diagnostic conditions, disabilities, life expectancy and/or future medical requirements lay beyond the bounds of non-physician Life Care Planners’ professional licensure, a principle reason non-Physiatric Life Care Planners seek guidance from physiatrists is many treating physicians specialize within narrow scopes of a subject’s care, and therefore, are not accustomed to fully assessing the total impact of a subject’s injury/illness on his/her overall health and function. Additionally, treating physicians are commonly unfamiliar with proper Life Care Planning methodology, which is important, as it affects proper consideration of all relevant information, which affects the formulation of appropriate diagnostic and rehabilitation conclusions, which constitute proper foundations for future medical and rehabilitation needs. Compensatory medical damages are often the largest, most important component of a personal injury damages model, and the proper formulation and quantification of these damages is critical to ensuring the proper provision of care for victims of both catastrophic and non-catastrophic injury/illness alike. The next time you’re faced with establishing a strong medical foundation for the existence of medical condition and the provision of its broad-based, long-term care, a skilled
The next time you’re faced with establishing a strong medical foundation for the existence of a medical condition, a skilled physiatrist can mean a world of difference. physiatrist can mean a world of difference to both the ill/injured individual, as well as his/ her counsel. Dr. Joe G. Gonzales is a Physical Medicine & Rehabilitation, Pain Medicine, and Occupational & Environmental Medicine specialist who has practiced medicine in Texas since 1985. Dr. Gonzales is the founder of the Texas Physical Medicine & Rehabilitation Institute, the Founder and Medical Director of Physician Life Care Planning, LLC, the nation’s
largest provider of physician-directed Life Care Planning services, and the Chairman of the American Academy of Physician Life Care Planners, a professional organization of board certified physicians and other qualified professionals whose mission is to champion the practice of Life Care Planning by physicians, to elevate the discipline of Life Care Planning through physician participation, and to educate physicians, the Life Care Planning community, and the public about physicians’ central role in Life Care Planning.
SEPT-OCT 2015 / ELITE ATTORNEY SAN ANTONIO
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- HEALTH SPECIAL SECTION
WHAT TO DO AFTER AN ACCIDENT By WYATT WRIGHT, ATTORNEY-AT-LAW, WAYNE WRIGHT LLP
I
t’s dangerous out there on America’s roads every day. Your daily commute could wind up taking you to the hospital instead of the office. Or, you could spend seemingly endless minutes waiting for the police to give you permission to leave the scene if you have an accident. In that case, you’ll have to consider a number of things that weren’t on your agenda that day – some you may never have thought about. But each and every one of them is important.
Drivers hit by uninsured motorists have had to declare bankruptcy to protect their homes and other assets while they paid their own doctor and hospital bills. Is that fair? No, but it has happened.
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ELITE ATTORNEY SAN ANTONIO / SEPT-OCT 2015
You can do a lot to protect yourself before you leave the driveway. Put a copy of your auto insurance in your glove box. All states and the District of Columbia, except New Hampshire, require drivers to have auto insurance. Also keep a list in your glove box of what to do after an accident and a list of who to contact in case you are seriously injured. Add pens and a pad to write down vital information you’ll need to gather if there’s an accident. If you cause an accident in Texas you are required by law to pay for repairs to the other driver’s car and cover his or her medical expenses, including the accident-related expenses of any passengers traveling with the other driver. The basic auto liability policy that Texas law requires you to have may not be enough to cover those costs. You could lose valuable personal assets if you are sued. To protect yourself, it’s best to carry more than the minimum amount of insurance required. Since Texas has an extremely high number of uninsured drivers compared to other states, it is wise to have an additional policy to cover damage to your own car and your medical expenses. If an uninsured driver hits you, there may be no way to recover enough money to pay all your costs, including your medical bills. You will have to pay all those yourself. Drivers hit by uninsured motorists have had to declare bankruptcy to protect their homes and other assets while they paid their own doctor and hospital bills. Is that fair? No, but it has happened.
BROKEN GLASS: COSMA; MARTINAN/BIGSTOCK.COM
For peace of mind, prepare in advance
If there’s an accident, get PHGLFDO FDUH ƓUVW
from the scene if you have one.
Things you must never do after an accident. Never sign papers at the scene unless a law enforcement officer hands them to you. Dishonest people employed by fly-by-night “clinics,” repair shops trolling for business and others, listen to police scanners and rush to accident scenes to sign up victims. They can cost unsuspecting accident victims legitimate legal representation and medical care after an accident. While you may help other drivers involved in the accident, don’t admit fault. Fault is a legal issue to be determined later by investigators, not something to be challenged or defended at the scene of the wreck. Wyatt Wright is a San Antonio attorney for Wayne Wright Injury Lawyers and can be reached at 210-888-8888 or by visiting www. waynewright.com.
PAULCOWAN/BIGSTOCK.COM
Taking care of the injured is your first responsibility after an accident. Before you do anything else, check to see if you are hurt and then check everybody else involved - the passengers in your car, the other driver or drivers and their passengers. Call 911 right away if there are injuries. Medical attention for everyone, if needed, comes before anything else. Call the police as soon as you know an ambulance is on the way. Help the other driver or drivers and any passengers if you can. Move to a safe spot and help others do the same. If the road is heavily traveled, stay away. There could be more collisions as drivers try to avoid the wreck or become involved in rear end collisions when the accident blocks their lane. If it is a minor accident that is blocking traffic, the cars that are involved may need to be moved while you wait for the police. The law enforcement officers and insurance investigators
will be able to tell how the accident happened by examining the location and the damage to all the vehicles that were involved. The pens and pad you stashed in your glove box will play an important role in protecting your rights and interests. Write down the license plate numbers of all the vehicles in the wreck. Write down the drivers’ names, addresses, telephone numbers and insurance information. Write down the witnesses’ names and contact information before they leave the scene. Use your cell phone to take pictures of the accident from all angles. Take pictures of the surrounding area too. Get pictures of the license plates of all vehicles in the accident if you can without endangering yourself. All this information will help your insurance company speed up your claim. Cooperate with all law enforcement requests and do not leave the scene of the accident until officers give you permission or you have complied with all laws. You can contact your attorney
SEPT-OCT 2015 / ELITE ATTORNEY SAN ANTONIO
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