-Ľ q *¬ & Ľ , ţ J U LY / A U G U S T E D I T I O N 2 0 1 5
EDUCATION HIGHLIGHT WHY SAN ANTONIO SHINES W I T H E D U C AT I O N A L OFFERINGS IN LAW & BEYOND.
IN THE SPOTLIGHT: S T. M A R Y ’ S U N I V E R S I T Y SCHOOL OF LAW’S SISTER GRACE WALLE
Rightfully speaking Criminal Attorney Hector Gonzalez III, proves your legal rights DO prevail.
At Bobby and JJ Radio we are your consumer advocates dedicated to bringing you timely local market information by extracting pertinent wisdom from top tier professionals in our San Antonio metro area. The areas of expertise that we tap into are: law, taxes, ďŹ nance, investments, insurance, home improvement, mortgage, credit repair, the local economy and our favorite: real estate.
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publisher
DAN RAMIREZ director of sales & marketing ADRIANE GONZALES
adriane@eliteattorneytx.com
executive editor JENNIFER PUCCI STARR
jennifer@eliteattorneytx.com
creative design
columnist
ADI MEDIA
SYLVIA S. RO MO
administrative assistant PITA WILLIAMS
contributors G AY L I A D. B RU N S O N, DAN C O R B E T T, S AMI R A L I NEBERGER , CO L I N P. MA RKS, MYS T I MUR PHY, I VAN R AMI R EZ , ESQ., A.J. RO D R I GUEZ
cover photography & design RO BERT FRENCH w w w. g r i d l o ck f i l m s. c o m
p : 210-620-0405 I f : 210-877-6052 9703 Bandera Road, Suite 107 I San Antonio, Texas 78250 www.EliteAttorneyTX .com
ADVERTISERS CALL: 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.
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Copyright 2015 Elite Attorney SA, LLC. All rights reserved. Reproduction without the expressed written permission of the publisher is prohibited.
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AN ESTEEMED GREETING: elite attorney sa
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FAST FACTS: NEW DEGREE OFFERING FROM ST. MARYโ S UNIVERSITY SCHOOL OF LAW
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ASK ROMO: life & legislature
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Q&A: social security
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NEWS & NOTEWORTHY: WELCOME MAYOR IVY TAYLOR INTERNATIONAL AWARD FOR LAW STUDENTS GETTING PERSONAL: ELITE EATERY: Tribeca 212 ON THE SIDE: Attorney Tammy Wincott from trial to the track. IN THE SPOTLIGHT: Sister Grace Walle of St. Maryโ s gives law students guidance, prayer and peanut butter & jelly. COMMUNITY CONNECTION: INSPIRE A CHILD ELITE OUTINGS: Any Baby Can - Fiesta San Antonio Public Library Annual Gala
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LAW TALK: REAL ESTATE TITLES: WHAT ARE YOUR OPTIONS? CAREFUL CONVERSATION: TELLING YOUR CHILDREN YOU PLAN TO DIVORCE.
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LEGAL RESOURCE GUIDE
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EDUCATION HIGHLIGHT: PUBLIC SCHOOLS: shining bright in San Antonio COURT REPORTING: a fulfilling career option
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THE BUSINESS SECTION: BUSINESS BUILDERS: San Antonio Copy Concierge GETTING FIRED: for no good reason, whats up with that? FAIR LABOR STANDARDS ACT COVERAGE ENTITY FORMATION: Which choice is right for your business?
p.32-35 ลฃ HECTOR GONZALEZ, III This San Antonio criminal lawyer has worked hard from the day he was born and continues to show that he is a dedicated attorney giving his clients an honest, strong defense with an outcome of justice.
* ลข F Robert French | www.gridlockfilms.com $ H 2015 | Elite Attorney San Antonio 5 |
An
Esteemed Greeting
Greetings from your team at Elite Attorney SA! In our
ÅZ[\ aMIZ WN X]JTQKI\QWV Q\ Q[ _Q\P OZMI\ XTMI[]ZM \PI\ _M present this publication to San Antonio. The primary focus of San Antonio’s newest legal aid is to provide superior information and the highest quality choice to anyone [MMSQVO TMOIT PMTX QV ^IZQW][ ÅMTL[ WN TI_ -TQ\M )\\WZVMa ;) Q[ IV M`KMTTMV\ ÅZ[\ [\MX \W MQ\PMZ ÅVL Y]QKS IV[_MZ[ WZ just to expand your knowledge when it comes to making the right decisions. Presenting concise and clear legal news and information is the foundation of Elite Attorney SA, however, it is not our sole mission. San Antonio has one of the most vibrant, successful and respected communities of legal professionals in the nation. So when looking for your own representation PW_ LW aW] _ILM \PZW]OP \PQ[ ^I[\ OZW]X \W ÅVL \PM WVM that may be best to handle your needs? This is where Elite Attorney SA can help.
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At Elite Attorney SA we want to give our readers a chance to feel connected to the lawyers we feature, so for that reason, we have added our “Getting Personalâ€? section. In this we are making the San Antonio legal professionals IKKM[[QJTM XMZ[WVIJTM IVL W‍ٺ‏MZQVO IV QV[QOP\ QV\W _PW they are as we highlight and honor them at home, at play, in the community, and even out to lunch. To qualify as an “Elite Attorneyâ€? there is a set of criteria that must be met by each professional before they can be considered for the publication. We will feature both younger attorneys that are on the rise, as well as seasoned veterans who are ready to share their knowledge. ?M _QTT KWV\QV]M \W W‍ٺ‏MZ KWV\MV\ WV TMOIT XZWNM[[QWVIT[ _PW have been recognized through the many prestigious honors IVL I_IZL[ W‍ٺ‏MZML Ja XZWNM[[QWVIT I[[WKQI\QWV[ []KP I[ the American Bar Association, but more importantly, these attorneys have also been highly regarded by their
photo by: John Patton
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peers, clients and community. We promise to stay connected and informed and present to you a group of esteemed professionals who work honestly with dignity and honor and have chosen to become strong positive advocates for their clients in whatever they need. With each issue, we will provide up-to-date legal news PIXXMVQVO TWKITTa WZ I‍ٺ‏MK\QVO W]Z IZMI NZWU I VI\QWVIT TM^MT There will be a special selection of common and important legal terms broken down in an easy to understand format. In the “Law Talkâ€? section, we will open up the forum to our legal community with articles written by local attorneys on a variety of topics from real estate law to immigration and beyond. Also, moving forward, each issue will have a special section that will highlight trends happening now, and legal news you can use based on that topic. Publisher and local attorney, Dan Ramirez, has created Elite Attorney SA solely to answer a need. Although not actively practicing in San Antonio anymore, having practiced here for over 15 years, Ramirez realized that there is a need in the community when it comes to understanding the legal system and even more so when it comes to seeking out a professional who can help. “Over the years, I have seen many clients who have been abused by the system or even worse UQ[ZMXZM[MV\ML Ja IV I\\WZVMa \PI\ _I[ VW\ \PM JM[\ Y]ITQĂ…ML to handle their case,â€? says Ramirez. “Unfortunately, the TMOIT [a[\MU KIV JM ^MZa KWUXTM` IVL Ă…VLQVO I \Z][\QVO individual to guide you in the right direction every step of the way can not only be intimidating, but sometimes costly – in more ways than one.“
On the client side, Ramirez sought out leadership from a San Antonio native, marketing, media and sales professional, Mrs. Adriane Gonzales. Gonzales has the business know how to move this publication forward by [\IaQVO QV \W]KP _Q\P \PM KWUU]VQ\a Ă…VLQVO W]\ _PI\ drives them, what questions they have and how best Elite Attorney SA can answer them. “We are hoping to alleviate [WUM WN \PM IXXZMPMV[QWV _PMV NIKML _Q\P I LQ‍ٝ‏K]T\ KI[M and help the general public make informed decisions when it comes to their legal needs,â€? says Gonzales. 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 have strategically planned an initial targeted distribution to over 60,000 specified households throughout San Antonio, as well as prime retail distribution, with plans to broaden reach by year’s end. Coverage across the city will be multiplied through online marketing and social media marketing. Expansion into the Austin, Houston, Dallas, and the Rio Grande Valley areas are expected to foster our grand mission and sustain the community outreach that is based on “Value, Integrity and Quality.â€? We sincerely hope you 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 welcome any feedback, questions and comments at info@eliteattorneytx.com.
All best, DAN RAMIREZ AND YOUR DEDICATED TEAM AT ELITE ATTORNEY SA
ĹŁ Ä˝ DDD
or read it online at
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Elite Attorney San Antonio | $ H 2015
By: C O L I N P. M A R K S
San Antonio’s First Law School: The San Antonio Bar Association established the city’s sole law school in 1927 under the name the San Antonio School of Law. In 1934, the law school transferred to St. Mary’s University and has remained the St. Mary’s University School of Law ever since. Originally housed downtown at 112 College St., the School of Law moved to join the St. Mary’s main campus on the city’s West Side in January 1968. Today, St. Mary’s Law enrolls more than 800 students and ranks as one of the most diverse law schools in the nation. The law [KPWWT MVKWUXI[[M[ Å^M KIUX][ J]QTLQVO[ QVKT]LQVO \PM ;IZQ\I 3MVMLa East Law Library, the largest legal information center in the region.
New Degree Options in Legal Education: St. Mary’s Law, which is accredited by both the American Bar )[[WKQI\QWV IVL \PM )UMZQKIV )[[WKQI\QWV WN 4I_ ;KPWWT[ W‍ٺ‏MZ[ I variety of legal education pathways through three distinctive degrees: the Doctor of Jurisprudence (J.D.), the Master of Laws (LL.M.), and the newly launched Master of Jurisprudence (M.Jur.) for those seeking a career edge through a fundamental understanding of the law. The most well-known of these is the J.D. aimed at those who wish to sit NWZ \PM JIZ M`IU IVL XZIK\QKM QV \PM ÅMTL WN TI_ I[ I\\WZVMa[ ;\ 5IZaŸ[ rigorous curriculum ensures students gain a comprehensive foundation in six key areas: persons and property, employment and business, public and international law, dispute resolution, research and writing, and the philosophy of law. This program requires students to earn a minimum of 90 credit hours and can be completed in three years through our full-time program or four years through our evening program.
;\ 5IZaŸ[ IT[W W‍ٺ‏MZ[ IV IL^IVKML TMOIT LMOZMM KITTML \PM 5I[\MZ WN 4I_[ or LL.M., to those who have already obtained a J.D. or an equivalent law degree in another country. Students can obtain an LL.M. in one of three areas: American Legal Studies, International and Comparative Law, or International Criminal Law. International students who graduate from the American Legal Studies LL.M. program are eligible to sit for bar examinations in several states, including Texas. In August, the School of Law will welcome the inaugural class for its ]VQY]M 5 2]Z LMOZMM <PM 5 2]Z W‍ٺ‏MZ[ VWV TI_aMZ[ \PM WXXWZ\]VQ\a \W better understand the law and to explore the connections between the law and their respective disciplines. This 30-credit-hour program can be completed in one year and aims to educate those who do not wish to practice law but are interested in gaining a broader understanding of the American legal system. St. Mary’s launched the innovative M.Jur. program — the only such program at a Texas law school — to address an unmet need in the educational landscape. The M.Jur. degree is primarily for professionals in areas that intersect with the law, such as human relations, criminal and juvenile justice, the court system (including magistrates and XZWJI\QWV W‍ٝ‏KMZ[ RW]ZVITQ[U [WKQIT _WZS ZMO]TI\WZa IOMVKQM[ KW]V\a and municipal government, health care, intellectual property and technology, business, and other professions that directly interact with the legal system. ?PQTM I OMVMZIT 5 2]Z _QTT JM []‍ٝ‏KQMV\ NWZ UIVa KWVKMV\ZI\QWV[ IZM available in the following areas: Environmental Law, Health Care Law, International and Comparative Law, Military and National Defense Law, and Natural Resource Law. The M.Jur., with evening and part-time options, provides an alternative UMIV[ WN IKY]QZQVO XZIK\QKIT SVW_TMLOM IJW]\ TI_ QV I UWZM M‍ٝ‏KQMV\ manner than the J.D. program and a more comprehensive way than on-the-job training. Applicants to the M.Jur. program must have completed a four-year undergraduate degree, either from an accredited college or university in the United States or a comparable degree from an international institution approved by either the government or the relevant accrediting authority of the nation where the school is located.
For additional details about the M.Jur., please visit L A W. S T M A R Y T X . E D U / M J U R .
Marks is a Professor at the St. Mary’s University School of Law and Director of the Master of Jurisprudence Program. $ H 2015 | Elite Attorney San Antonio 11 |
S A N A N TO N I O FA M I LY L AW Y E R S A N D D I V O R C E AT TO R N E Y S At the Law Office of Mysti Murphy, we provide experienced family law representation to persons in San Antonio and the surrounding parts of Texas. We bring 15 years of experience to every case we handle. We focus that experience on providing you and your family with the full protection of the law: protection from physical harm, from emotional harm and from financial harm.
• Divorce • Child Custody • Modifications
• Name Changes • Adoption • Terminations of Parental Rights
ACCOL ADES:
210-822-2022
14350 NORTHBROOK SUITE 260 • SAN ANTONIO, TX 78232 TOLL FREE: 866-986-7807 | FAX: 210-822-0096
www.murphyat to rn e y.co m
ELITE COLUMNIST
ASK Romo ţ & O & Ľ Q: I am an educated woman yet I tend to let my husband make all the financial decisions for me. I know this isn’t wise but where do I start and become more involved and knowledgeable in our money issues? SSB-San Antonio
A:
Statistics tell us that 95% of women will be their family’s primary financial decision maker at some period in their lives. The financial lives of women are more likely to be repositioned by changes such as the birth of a child, a divorce, the death or disability of a spouse, coupled with the fact that women will live longer but generally will earn less. Money is, however, gender neutral. The advice I give to women, I also give to men. We all have our annual physical check-ups to maintain our good health. Yet, we neglect to have annual money/financial check-ups. How would you know if you are financially fit? Everyone should have a goal and financial roadmap. A plan that not only deals with your current financial needs but also future needs. That roadmap needs to be flexible and adaptable as you grow older and hopefully more prosperous. Start with writing an annual statement of your net worth (i.e. assets less liabilities) to analyze your financial strengths and financial weaknesses. Assets are properties you own such as cash, investments, real estate, artwork, jewelry, etc. | 16
Elite Attorney San Antonio | $ H 2015
Liabilities are debts that you owe like mortgage, credit cards, child support and let’s not forget the IRS. Secondly set financial goals both long term and short term and a corresponding timeline. The following guidelines are equally recommended: • Set up an emergency saving fund before creating an investment plan. • Review all your insurance needs to determine whether you are over or underinsured. • Write or update your will. Create a medical power of attorney, and a durable power of attorney for financial matters. These documents will be one of the most important records to have. Sometimes our lives and needs are challenging and the necessity for experts to assist you will be necessary. Seek the professional advice of an attorney, an accountant and insurance specialist. Congratulations, you are on your way to gaining your “financial confidenceâ€?. Please submit your questions to Sylvia Romo at, askRomo@eliteattorneytx.com.
& Q
A
SOCIAL SECURIT Y
What is Social Security Disability?
How long does a decision take?
What will my attorney do to build my case?
Social Security Disability is comprised of two federally funded programs (SSI and SSDI). Both XZW^QLM Ă…VIVKQIT IVL UMLQKIT JMVMĂ…\[ NWZ QVLQ^QL]IT[ _PW IZM unable to work because of your mental and/or physical medial impairments.
Some win a few months after they apply. Most people get denied twice before being approved. The whole process can take over two years. The initial claim usually takes around four to Ă…^M UWV\P[ JMNWZM I LMKQ[QWV Q[ UILM <PM Ă…Z[\ IXXMIT :MY]M[\ for Reconsideration) usually lasts between three and four months before a decision is made. The second appeal (Request for a Hearing) usually lasts around 20 months before a decision is made.
Your attorney should meet every one of Social Security’s deadlines and take care of all the paperwork for you. Reviewing and researching social security law, your medical records, and other information will build your case. If you are requested to attend a hearing your attorney should meet with you and prepare you for the hearing, which will help you to become an honest and persuasive witness.
What can I do to improve my chances of winning my case?
-You get a letter from the Social Security ofďŹ ce.
Can I work and apply for Social Security? You may work and receive social [MK]ZQ\a JMVMĂ…\[ I[ TWVO I[ aW] IZM still disabled and earn less than $1,000 a month. However, many judges seem skeptical when someone earns more than $500 a month.
How should I keep my attorney informed? You should always contact your attorney if any of the following occurs:
-You receive new medial treatment. -You are hospitalized.
There are three things the make a great case: (1) a great witness, (2) a great legal theory, and (3) great medical evidence.
-You go back to work. -You change your address or phone number.
This information was brought to you by the Packard Law Firm, specialists in Social Security cases. .QVL W]\ UWZM Ja ^Q[Q\QVO ___ XIKSIZLĂ…ZU KWU To submit a question for Elite Attorney please send them to: info@eliteattorneytx.com
$ H 2015 | Elite Attorney San Antonio 19 |
Welcome Mayor Taylor Newly appointed Mayor of San Antonio, Ivy Taylor, must have made a good impression during her appointed tenure to N]TĂ…TT \PM ]VM`XQZML \MZU WN 2]TQIV +I[\ZW QV )[ ;IV )V\WVQWÂź[ Ă…Z[\ W‍ٝ‏KQITTa elected black mayor, Taylor will continue to tackle important local topics such as public safety, transportation and soccer. ;PM PI[ ITZMILa W‍ٝ‏KQITTa UM\ _Q\P \PM W_VMZ of popular ride share companies Uber and 4aN\ \W Ă…VITQbM \PM LQ[X]\M W^MZ \PM [INM\a IVL background check issues recently challenged NWZ \PM KWUXIVQM[ 5IaWZ <IaTWZ W‍ٝ‏KQITTa said “As long as they know my priority is rider safety, we are trying to determine what the path forward is.â€? Following in Mayor Castro’s wake, Taylor and the City Council will also continue to promote the Mayor’s Task Force on Preserving Dynamic and Diverse Neighborhoods. On the topic Mayor Taylor said San Antonio is a city that needs “stable accessible, mixed-use, mixed income neighborhoods.â€? For soccer fans, Mayor Taylor proves she feels just as passionately as they do and promises to bring major league soccer to the Alamo City. GOAL! 5IaWZ <IaTWZ W‍ٝ‏KQITTa JMI\ NWZUMZ [\I\M Sen. Leticia Van de Putte for the spot with 52 percent of the vote.
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30 Years
Abroad for Law Students Clayton Ramirez Law PLLC donated $10,000 to the St. Mary’s University School of Law Innsbruck, Austria ;]UUMZ 8ZWOZIU QV 2]VM \W XZW^QLM ÅVIVKQIT I[[Q[\IVKM to three students attending the 2015 summer study abroad program. This summer marks the 30th anniversary of the Innsbruck program, which has featured many distinguished jurists over the years including eight current or former justices of the U.S. Supreme Court. Garrett Clayton (J.D. ’06), partner with Clayton Ramirez Law PLLC, studied in Innsbruck during law school and met former Supreme Court Justice Sandra Day O’Connor.
this summer’s program. Fellow law student and scholarship recipient Eric Meza said he plans to capitalize on the chance to learn interpersonal skills and become better rounded through the program. “I wasn’t expecting as generous a gift as this,â€? Gonzalez [IQL š<PQ[ LMĂ…VQ\MTa PMTX[ ][ ZMITQbM WVM WN W]Z LZMIU[ Âş Richard Ramirez (J.D. ’06), partner with Clayton Ramirez Law PLLC, said the students “have amazing personalities \PI\ Ă…\ I ^MZa []KKM[[N]T TI_aMZ Âş
“To have the opportunity to not only see her lecture in a small setting but also to get the opportunity to ‌ hear some stories about the inner workings of the Supreme Court, overall it was very eye opening,â€? Clayton said. St. Mary’s Law student and scholarship recipient Jessica /WVbITMb [IQL [PM XTIV[ \W TMIZV IJW]\ \PM TI_[ WN LQ‍ٺ‏MZMV\ countries and compare their systems of government during
Pictured from left to right: St. Mary’s University Law Campus Minister Sister Grace Walle, St. Mary’s President Thomas M. Mengler, scholarship recipient Jessica Gonzalez, Richard Ramirez, partner with Clayton Ramirez Law PLLC, scholarship recipient Eric Meza, St. Mary’s School of Law Dean Stephen M. Sheppard. Not pictured: scholarship recipient Graciela Garcia and Garrett Clayton, partner with Clayton Ramirez Law PLLC. $ H 2015 | Elite Attorney San Antonio 21 |
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Elite Attorney San Antonio | $ H 2015
GETTING PERSONAL
AN OLMOS PARK FAVORITE FOR LUNCH, DINNER AND HAPPY HOUR By: R U D Y A R I S P E As a boy growing up in his native France, Jean-Francois Poujol developed an appreciation for fresh ingredients, and the distinct flavor and aroma of savory cooking from his mother, who got most of what she needed to cook from their backyard. “She made everything fresh from our garden,� Poujol recalled. “She would say, ‘Get me some parsley,’ and I would go straight to the backyard to get it.� Poujol, who is one of San Antonio’s established restaurateurs among the bourgeoning dining scene, brings that same fresh food philosophy to Tribeca 212, a restaurant and bar in Olmos Park at 4331 McCullough Ave. that features a variety of zesty Italian-Texan dishes, including pizza, pasta, burgers and other delicacies. Tribeca 212 recently introduced a new lunch menu that features a variety of starters, salads, sandwiches and main plates to appeal to those looking for smaller, lighter fare to others who prefer a heartier meal. “I gave my chef some ideas and parameters and he created the dishes,� Poujol said. “I think guests are going to like what they see on the menu. It’s always nice to offer your guests something different and this is one of the reasons why we decided to come up with a new lunch menu. People like to try new things when they eat out.� The options are plentiful. Sandwiches include Grilled Chicken Caprese with pesto, tomato, mozzarella and basil; and the 212 BLT, crispy pork belly, lettuce, tomato and bacon aioli. Main plates feature the Truffled Poach Shrimp Tagliatelle with mushrooms, peas and garlic cream sauce; Pesto Chicken Tagliatelle with wild mushrooms and parmesan cheese; Spaghetti Squash Pomodoro with garlic, basil and parmesan; and the Meat Pizza with marinara, bacon, Italian sausage and pepperoni. Lighter fare includes the Caesar Salad with Chicken and roasted garlic parmesan dressing and croutons; Caprese Salad with heirloom tomatoes, house pulled mozzarella and fresh basil. Guests can also choose from various starters: Fried Oysters with jalapeno harissa, pineapple, cilantro and shaved turnips, and the
Charcuterie Plate with Spanish chorizo, smoked pancetta and the pate of the moment. “I visited Tribeca when it first opened on a friend’s suggestion and continue to frequent there today. The house made pastas and happy hour can’t be beat,â€? said Justin Hill of Hill Law Firm. Behind the bar, head bartender Noah Masters put his mixology skills to the test by concocting more than 10 crafty cocktails, some entirely brand new and some inspired by drinks he has had, which are part of the new cocktail menu. They include: • Pearl 212: Cinco vodka infused with orange peel, sliced ginger, lime juice, agave nectar and sake; • Sweet Heat Rita: strawberry basil Serrano infused Tapatio tequila, orange infused brandy, lime and agave nectar; • Pear Amigo: Casamigos Silver, Poire Mathilde, lemon juice, sage syrup and fresh sage; • Georgia Old Fashioned: Peach infused Bulleit Bourbon, muddled blackberry, peach and old fashion bitters. The Pearl 212 is becoming one of the most requested drinks. “I had discovered a drink called the Pearl Diver Martini which had vodka and sake,â€? Masters said. “I wanted to do something similar so I added more to it. It’s nicely balanced and tasty.â€?
To see the complete lunch and cocktail menu, visit W W W. T R I B E C A 2 1 2 . C O M Lunch is served from 11:30 a.m. to 3 p.m. Wednesday through Friday Dinner is from 5 p.m. to 10 p.m. Tuesday through Saturday Sunday brunch from 11 a.m. to 3 p.m. Happy Hour is from 4 p.m. to 7 p.m. Tuesday through Saturday.
For more information, call (210) 320-0698
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Elite Attorney San Antonio | $ H 2015
Attorney Tammy Wincott From Trial To The Horse Track By: J E N N I F E R P U C C I S T A R R
S
traight from the courtroom to the track, San Antonio Attorney Tammy Wincott does her best to juggle her two passions in life, law and horses. Wincott leads a successful local practice, with emphasis in immigration, bankruptcy, estate planning and probate, but it is her first love, the feeling of hoofs on the track, that has Wincott out every morning before the sunrise. Growing up on a dairy farm in Northing New York, Wincott has been a lover of all things equine since birth. She shares this interest for horses with her parents and together they were either riding or watching horses, especially racehorses. It was the career of one particular horse that changed the young Wincott forever – seeing the legendary horse Secretariat win the Triple Crown in 1973. Further expanding Wincott’s passions, her father would get off track thoroughbreds when their racing career was over. “Thoroughbreds are sometimes referred to as hot blooded animals,” explains Wincott.” “Higher maintenance and bred to run, something that historically began in the desert with the Arabians. When the horse is done racing they, on average, have 20 more years to live, and many horses go on to have successful careers in jumping, barrel racing, dressage, becoming trail horses, and more,” says Wincott. “Some even go on to have therapeutic careers as is the case with the Saddlelight Center for Therapeutic riding.”
GETTING PERSONAL
When she moved to San Antonio in 2003, she was thrilled to be so close to a track, Retama Park. She began to frequent what is known as the backside where the general public cannot go. Wincott started out as a groomer and exercise rider, “I began with galloping horses at the track in the mornings before work,� remembers Wincott. “It’s a beautiful thing to be the first on the track putting the first hoof prints on it. It is exhilarating to feel the wind in your face and to connect with them as one.� Wincott has dreamed of one day being a jockey, however this would do for the time. “It’s hard to explain the power and the draw of these animals. They are magnificent creatures, tremendously powerful yet can be so loving and gentle. A 120-pound jockey does not out power a 1200-pound animal with a mind of its own. You have to work together to achieve success.� In 2007 Wincott’s dream to own a racehorse soon became a reality. �Dallas County was my first racehorse and he spoiled me,� says Wincott. At seven years old the horse was at an age when many trainers think horses are too old to race. “I had been watching him race since he was three. Most horses are done racing by four or five, but Dallas County had a competitive spirit and heart in him.� There was something special to Wincott about this horse, she was concerned he was being over raced and might be injured, but once she began to train him she saw that he was still quite ready. “He had this arrogant personality and determination about him. He bonded with one jockey and wouldn’t perform for any other,� says Wincott. Dallas County ran 102 races in his lifetime; an average racehorse runs only 15-25. Out of those races, his most successful stint of winning races was with Wincott. “I went on to win nice races with him and retired him at the age of ten. That is almost unheard of.� Dallas County is still with Wincott today, happy and healthy, still trying to race the other horses living with him at Retama. “He truly just loves to run and he is the only animal I have ever just laughed at when he
does something bad because I know it is just a part of who he is. If he didn’t have that testing, competitiveness about him he never would have accomplished what he did on the track.� Since that fateful match with Dallas County, Wincott has since developed her successful training business, Silver Wings. “The name of my business, Silver Wings, came from my love of Pegasus and Dallas County combined,� says Wincott. “As the announcer once said ‘Here comes Dallas County, he’s flying down the track.� Today she trains racehorses, former racehorses and thoroughbreds and she is again on the racing circuit with a new racehorse, Z Sir Trick. At five years old he is what is a called a “maiden,� since he hasn’t yet won. Wincott plans on racing him at the Gillespie County fair grounds in Fredericksberg this summer. As for her dream to become a jockey, “I’ve been close and have won some schooling (unofficial) races against some very good jockeys, but I would have to give up my trainer/owners license to become a jockey as it is not allowed in the sport to ride and train the same horse and there aren’t too many people I would want to train my horses,� says Wincott. “I’m just too picky.� Horseracing is an emotional sport with many ups and downs and more. You put your heart and soul (and pocketbook) into training a horse for the track and there are so many things that could go wrong in the 60-90 seconds it takes to run a race. “Even if my horse loses, the most important thing to me is that the horse comes back off the track uninjured,� says Wincott. It’s a great feeling to win and it is a terrible feeling to lose, but it teaches me as a person to pick up and keep going, says Wincott. �The confidence and knowledge I’ve gained on the racetrack, have transferred over to my law practice as well.� As for her dreams of being a jockey, “It would be an unbelievable feeling to train and ride and win with a horse you are bonded with,� says Wincott. “I’d be a lot older than most, but who knows. Maybe one of these days I will actually see it through.�
For more information on Wincott please visit, www.wincottlaw.com.
$ H 2015 | Elite Attorney San Antonio 27 |
in the spotlight:
GETTING PERSONAL
Graceful
Guidance For the Students of St. Mary’s University School of Law from Sister Grace Walle By: J E N N I F E R P U C C I S T A R R
mbarking on the Marianist sisterhood was a path Sister
Grace Walle took to naturally, but she had no idea that that path would lead her to becoming an integral part in the growth and success of a top San Antonio law school. Now, more than three decades later, Sister Grace is not only the campus minister for St. Mary’s University School of Law, but she is also a friend and confident for students past and present. No stranger to working in education and guidance, Sister Grace played many educational roles throughout her sisterhood. It was Sister Grace’s knack for fundraising and connecting donors with those who need help most that brought her to her current position. An executive at an oil company came to Sister Grace for guidance in making a donation in honor of St. Anthony. “I had found a group of single parent students at St. Mary’s that could greatly use this support,� says the sister. “I began a fund for single parents and gave that first donation to a single mother who went on to graduate from the law school, and years later so did her son.� From that first donation Sister Grace was asked if she would like to go into campus ministry. Working in collaboration with the University Ministry Office, Sister Grace’s position as the campus minister is to coordinates ministerial services in accordance with the Catholic and Marianist mission of the school. These responsibilities include personal guidance, spiritual support, opportunities for community prayer and social occasions as well as organized service programs for law students. | 30
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“The work we do, the events we host, they help a student to blossom because we pay attention to their needs. We support personal care for the stress they are under and we also guide them into becoming ethical counselors of their field,� says Sister Grace. “It is my hope that the students can keep the spirit alive of doing good and that the poor have names and faces.� From the minute a student begins their journey at the Law School Sister Grace is there to welcome them as she conducts the first year student’s orientation lunch and prayer. “I first met Sister Grace as a 1L at St. Mary’s University School of Law 15 years ago,� says former student Jenee Gonzales. “It was her exuberant energy, smile and the twinkle in her eye that first gave me a sense of calmness and comfort during what is a very stressful year for a law student.� From that first day on she has an open door policy to students who need anything from an open ear, a quite prayer or a meal. “She feeds law students both spiritually and physically,� says Gonzales. “Law students never go hungry, often partaking in a meal organized by Sister Grace or simply indulging in a peanut butter and jelly and coffee outside of her office.� Yes, Sister Grace is known for leading many great events for the students, but it is the peanut butter and jelly sandwiches that she has readily available to all visitors that has possibly become one of her most memorable contributions. “I was recently told by one of the graduates that he ate his way through law school on peanut butter and jelly,� laughs Sister Grace.
GETTING PERSONAL
“The work we do, the events we host, they help a student to blossom because we pay attention to their needs. We support personal care for the stress they are under and we also guide them into becoming ethical counselors of their ďŹ eld.â€?
Sandwiches aside, Sister Grace has impacted not only the students, but the community. Some of the many excellent projects and traditions the sister has developed include; Alternative Spring Break for Law Students, which brings service projects to other cities and organizing the annual Halloween party, Boo Bash, for children from area shelters. She also recruits law student participants to aid low-income families needing legal service and also devotes her time to celebrating women’s history and success through a variety of programs and events. Another strong tradition that Sister Grace holds for the legal community of San Antonio is the popular Red Mass, hosted each fall, a custom that can trace its roots back to the 13th century. Sister Grace has received many awards for her devotion to service and education such as the Marianist Heritage Award, San Antonio Bar Foundation Peacemaker Award, Yellow Rose of Texas Educating for a Lifetime Award and many others. Beyond official awards, her students bestow the most rewarding honor up on her. They remember, appreciate and pay forward the life lessons they have learned. With one of the most active alumni groups in Texas, the support recent graduates get from former graduates is quite impressive. “She recognizes students for their achievements and ensures that students feel valued and appreciated,� says Gonzales. “When she can, Sister Grace is known to provide students with financial assistance when it is needed. Alumni are always willing to say yes to Sister Grace when she asks for something to benefit St. Mary’s law students.� In a final thought Gonzales sums it up quite simply; “I often think to myself that I don’t know how Sister Grace does it all. However, I then have to stop and actually realize that I know how she does it. By the grace of God pun intended.� $ H 2015 | Elite Attorney San Antonio 31 |
photo credit: e Robert Frenc nch, h, www ww.gridlockďŹ ďŹ lm ms. s co com
ON THE COVER
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“They are not all criminals and they don’t deserve to have their lives ruined.�
Elite Attorney San Antonio | $ H 2015
ON THE COVER
Criminal Attorney Hector Gonzalez, III
By: J E N N I F E R P U C C I S T A R R
D eeply
rooted in Texas culture, Criminal Attorney Hector Gonzalez, III, can trace his family history to the early 1800s where his first generation grandfather served as a general in the Spanish army. Defining his heritage not primarily as Mexican or American, but Texan, Gonzalez has always led a respectable life of hard work from the ranch to the courtroom.
how hard it was. The cotton plants were very sharp and would cut her hands, but she would keep on working despite of it.� She met Gonzalez’s father at the age of 20, a newbie in the Air Force, and married him soon after, but continued to hold a steady job. “Growing up we never took vacations,� says Gonzalez. “My parents were too busy working for vacations.�
Aggressive in the courtroom, Gonzalez, has a firm belief in innocent until proven guilty. Trying cases from DWI to rape and homicide, Gonzalez understands a client’s rights may at times have been ignored. Without an attorney that will leave no stoned unturned in proving their innocence these charges can ruin a person’s life or livelihood forever. Gonzalez learned from an early age that a little hard work and determination in the courtroom and out will definitely lead to success.
Once settled back in Texas he grew up in the Schertz area, attending elementary and junior high there. During the summers, Gonzalez worked on his grandparent’s cattle ranch near Premont, Texas, just as his father did as a child. “It was hot, back-breaking work, but my dad always said it was good for me and he was right,� says Gonzalez. “I was in great shape, I made good money for a kid and I was too busy and too tired to get into trouble.� When his father retired the family happily moved to the ranch permanently.
For most of his life, Gonzalez has lived and breathed the cowboy and ranch lifestyle, however he got his start out far from his Texas home. With a father in the military, Gonzalez, like most military families, lived in many locations before finally settling back in his home state of Texas. Gonzalez was born in Phoenix, Arizona at Luke Air Force Base while his father was serving in Vietnam. A few years and a few cities later the family moved over seas to Torrejon Air Force Base in Spain where Gonzalez started pre-school and spoke only Castilian Spanish until later moving home to Texas where his father was stationed at Randolph Air Force Base. Gonzalez was an only child in a family full of hard, dedicated workers. “I come from two people who are the epitome of hard workers,� says Gonzalez. His mother grew up as a migrant worker picking cotton in the 1950s. “She told me stories of
Busy almost seems like an understatement, as the young Gonzalez not only worked on the ranch, but also worked with a crew picking watermelons. “We would pick melons all day for a quarter a melon,� says Gonzalez. “When you picked a few thousand melons a week those quarters would add up.� Gonzalez remembers the time fondly, and even seem to feel proud to do the hard work he knew his parents always did. “My dad also worked the ranch and picked melons. This was south Texas in the middle of the summer when it was over 100 degrees. It was the way of life down there and really not much different from when my mother picked cotton.� From dusk until dawn Gonzalez knew no downtime. His father always insisted he have a job. “In high school I finally got smart and found a job I loved. I worked at the local airport in $ H 2015 | Elite Attorney San Antonio 33 |
ON THE COVER
Kingsville where I found my love for flying.� In eighth grade Gonzalez went to flight school and by the age of sixteen had his license and has flown ever since. The work ethic instilled in Gonzalez was not only applied to hard labor, but in most everything he did, including his education. A self-professed science and math nerd, Gonzalez was awarded a full academic scholarship to college and, as many proud, smart Texans do, Gonzalez felt there was only one choice when deciding on a school and attended the University of Texas in Austin. Urged to study pre-med by his parents, Gonzalez continued to excel in his studies. Mistakenly taking a philosophy of law class his second year of college changed his course forever. Gonzalez fell in love with the analytical thinking that went into studying the legal practice and after just one week asked his advisor to switch him to pre-law. Making the decision was an easy one, breaking it to his parents, however was not. “They were not happy about it, but as any great parents would they continued to be supportive,� says Gonzalez. He graduated from U. T. and after a year working with his father’s oil and gas company, he was accepted into St. Mary’s University School of Law. It was during his second year in law school that Gonzalez landed quite an inspiring internship with Pete Torres, Jr. a pioneer for diversity in San Antonio in the 1960s and the first Hispanic to be elected onto City Council. “He was very sharp and well respected,� recalls Gonzalez. “He advised me to go into practice on my own, to hang my own shingle.� In 1995, just after graduation, Gonzalez did just that and rented his first office from Torres to launch his business. Working with Torres, Gonzalez had begun to specialize in family law, and he naturally continued that in his own practice. Gonzalez’s ambition made him a success in his cases, but it was one case in particular that made him stop and take a look at what was driving him to win. A husband in a divorce proceding had hired him; the wife was an alcoholic and the husband wanted full custody of his daughters. Gonzalez was his typical aggressive self, presenting a strong case against the wife and winning full custody for his client. “We are leaving the courtroom and the mother was still just sitting there, defeated,� recalls Gonzalez. “The three daughters all approached her, hugging her and crying and it really affected me. I didn’t go to law school to do this, to destroy families.� That case slowed Gonzalez down a bit as he began to reexamine where he would most like to apply his skills as an attorney. He never took another divorce case and settled into | 34
Elite Attorney San Antonio | $ H 2015
a new office with a group of criminal attorneys, one of which asked him for help on a case. Again Gonzalez felt that familiar draw back into the courtroom. He sat in on more and more cases and eventually started taking on some of his own. These cases, although scrutinized by some, were very meaningful for him. He would see good people; professionals, students, educated people, who had never been in trouble, fall into a bad situation. As he got his start in criminal law, it was again a pivotal case that struck Gonzalez, but this time in a positive way. “I was asked to defend a man who was being charged with raping his girlfriend’s twelve year old daughter,� says Gonzalez. “His mother hired me, adamant that he was innocent.� He took the case, because there was something about her plea for help that he could not ignore. It was a serious charge and as details emerged he questioned how he could defend someone who would have committed such a serious offense. “After hearing the description of the event from the little girl, I began to think I might not be able to do this,� says Gonzalez, “but I had not yet found out every detail yet and I remembered the most important rule, innocent until proven guilty.� When trying a case Gonzalez has a full team of legal assistants and investigators on hand to ensure every detail is uncovered. For this case that investigation proved crucial for the defense. “I found out the daughter had accused the mother’s previous
ON THE COVER
boyfriend of the same thing, and with the same very distinctive details.� From there Gonzalez had to let the prosecutor know what he had found. “I got a call from the victim’s mother and she was very upset,� says Gonzalez. “Her daughter did not want her mother to have boyfriends and when she made the claim the first time the boyfriend just left without any police involvement. The little girl admitted that she had lied.� For this instance however it went much further and the little girl finally told the truth, Gonzalez had proven his innocence and the charges were eventually dismissed. “They are not all criminals and they don’t deserve to have their lives ruined,� says Gonzalez. “I have had people ask me, ‘How can you defend criminals?’ I ask them, ‘What if your son was with the wrong crowd and he got charged with something but he had never been in trouble before? Would you do nothing or would you hire a good lawyer to represent them?’� From doctors to retired military, Gonzalez sees a variety of cases. “I work with a lot of professionals of all ages and every race,� says Gonzalez. “Alcohol and drug related cases have no age or socio-economic limits.� Particularly touching are the cases involving Veterans where their prescribed medications closely resemble the effects of alcohol and they have in turn gotten charged with Driving Under the Influence. Gonzalez has learned an important lesson from the path he has taken and he wants to relay that to the future law graduates,
“Practice in the area that interests and excites you,� advises Gonzalez, “not what you think will make you money.� A choice that in the long run may just set back a young eager attorney. Today, besides his successful law practice, Gonzalez continues to be an active family and community man. With two teenagers, Gonzalez is proud to pass down the same work ethic to his two children that his family developed in him. His son spent many of his early summers on the cattle ranch, until Gonzalez’s father passed away and the ranch was since sold, but never forgotten. Staying close to those cowboy roots Gonzalez locally is involved with the San Antonio Stock Show & Rodeo as part of the organization’s 500 club. Gonzalez also serves on the board of directors for the Ferrari Kid, an organization that works to give children fighting with Cancer and other illness the opportunity to feel like a celebrity for a day. For the Leukemia & Lymphoma Society, Gonzalez has continued to be part of the support team and even a former contender of the annual LLS Man of the Year campaign. In family, in community and in the courtroom Gonzalez is dedicated, hard working and understanding. That understanding is that everyone deserves the best that life can offer and that includes a fair defense. For more information on The Hector Gonzalez Law Firm visit, www.hg3law.com or call 210-495-9999. $ H 2015 | Elite Attorney San Antonio 35 |
COMMUNITY CONNECTION
$ H 2015 | Elite Attorney San Antonio 37 |
ELITE OUTING
Any Baby Can’s OFFICIAL FIESTAŽ SAN ANTONIO EVENT
T his spring 5,000 people attended Any Baby Can’s Fiesta at the AT&T Center. The
Official FiestaŽ San Antonio Event featured the 11th Annual Walk for Autism, live music, mariachi bands, food, activities for all, and new this year, the Superhero 5K Run. The event was attended by many special guests including, Senator Carlos Uresti, who served as Rey Familia. “For more than 30 years, Any Baby Can has served families who have children with various disabilities or who have lost a child� said Hugo Hernandez, COO of Any Baby Can. “Any Baby Can believes in inclusion and our event speaks to that wholeheartedly.� A returning favorite at Any Baby Can’s Fiesta was Fiesta de Los Jefes, featuring 26 interactive displays and community programs from the San Antonio Fire Department and San Antonio Police Department. It’s a great opportunity for families to learn about items such as Emergency Medical Services (EMS), Special Weapons And Tactics (SWAT), fire safety and more. Any Baby Can’s number one goal will always be to provide all families who have a child with a special health care need, free support and services. Therefore, Any Baby Can is pleased to ask you to SAVE THE DATE for Any Baby Can’s 12th Annual Walk for Autism on April 16, 2016 at the historic Helotes Festival Grounds. With over 40 acres of relaxing, tree covered acres, we can’t wait to celebrate 12 years of autism awareness with YOU! For more information, visit www.anybabycansa.org or call 210-227-0170.
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ELITE OUTING
The
San Antonio
20 Y a s
Public Library
C b at s
T
he San Antonio Public Library Foundation recently hosted over 400 people at the Central Library in celebration of the building’s 20th Anniversary. Library supporters arrived and were greeted by Neiman Marcus models as they walked the red carpet and posed for photo ops. The space was transformed into a celestial wonder by Bryan Azar of Austin, TX based Ilios Lighting Design. The network of knowledge accessible to library patrons is, like the universe, limitless, which inspired the theme of the evening. Mexican Modern Under the Stars celebrated both the late Mexican architect Ricardo Legorreta’s masterful design of the downtown Library and everything that the Library has within its bright colored walls. Guests enjoyed champagne and cocktails in the Library’s technology area, Connect, and were greeted by Co-Chairs Guillermo Nicolås, and Nick and Liecie Hollis. Keynote speaker, the Honorable Juliån Castro was welcomed to the stage by Gala CoChairs, Library Foundation Chair Shannon Murphy-Sachanowicz and Library Foundation President, Tracey Ramsey Bennett. Castro’s inspiring words set the tone for the premier screening of the Library and Library Foundation’s public service announcement. A video that was generously underwritten by Susan and Aubra Franklin of Franklin Park Senior Living and produced by Heather Angel Chandler of Innovative MultiMedia Group. The sold out event raised $120,000.00 NWZ \PM 4QJZIZa .W]VLI\QWV IV M[[MV\QIT VWV XZWÅ\ WZOIVQbI\QWV \PI\ bolsters the City’s Library budget making programming, technology, special projects and material acquisition possible for the library system.
Visit www.saplf.org to learn of other opportunities to support the organization.
The Honorable Ivy Taylor & Rodney Taylor
$ H 2015 | Elite Attorney San Antonio 39 |
vent Elite E
2ND EDITION RELEASE
Elite Attorney SA’s second mixer, honoring the May/June cover subject, labor and employment attorney, Alfonso Kennard, Jr., proved that the buzz is building for the magazine and readers are ready for more! With a crowd of some of the areas top professionals in the legal industry and beyond, J. Prime Steakhouse hosted another stellar event for the magazine. Kennard is the epitome of an Elite Attorney and, after accepting his Elite Award, gave an impressive presentation where he honored his mother for the dedication she put into helping him to become the honorable and successful man he is today. Elite Attorney SA will continue to host events in celebration of the Elite Attorneys that grace the publication.
For more information on these events visit www.eliteattorneysa.com.
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Elite Attorney San Antonio | $ H 2015
LAW TALK
let us take care of all your printing needs
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$ H 2015 | Elite Attorney San Antonio 43 |
LAW TALK
REAL ESTATE TITLES: WHAT ARE YOUR OPTIONS? By: I V A N R A M I R E Z , E S Q .
Whether you are in the market to purchase or currently hold real estate, it is important to consider the title in which you register your property.
7N\MV ZMIT M[\I\M Q[ aW]Z UW[\ ^IT]IJTM I[[M\ IVL _Q\PW]\ KIZMN]T M^IT]I\QWV WN aW]Z WX\QWV[ aW] KIV XW\MV\QITTa TW[M KWV\ZWT *MTW_ IZM Ă…^M ways title can be held and their implications.
1. INDIVIDUAL NAME: This is when you hold the title to real estate in just your name regardless if you are married. Some drawbacks can occur with this option should you become mentally or physically disabled an unable to manage your estate. A will cannot assist you if you become incapacitated, and when you die, the real M[\I\M _QTT MVL ]X QV \PM XZWJI\M KW]Z\ [a[\MU JMNWZM aW]Z JMVMĂ…KQIZQM[ can change title.
2. COMMUNITY PROPERTY:
Texas is one of nine states that allow married couples to hold property in both names as community property. In community property states, when you pass away, the surviving spouse will get the real estate, unless you specify otherwise in your estate plan (will or trust). There are exceptions to this under Texas law, as a surviving spouse has the right to occupy the homestead property for the rest of his/her life. The problem with community property is that each spouse can dictate in their individual estate plan who will inherit their portion of the real estate. This could lead to multiple co-owners and losing full control over your real estate, or the surviving spouse leaving the real estate to his/her new spouse.
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Elite Attorney San Antonio | $ H 2015
3. REVOCABLE LIVING TRUST: A Revocable Living Trust allows for your real estate to be held in the name of the Trustee of your trust. As the Trustmaker, you retain full control and can make changes to the trust instructions as long as you are alive. You and your spouse can serve as Trustees, in addition to other Co-trustees. AW] KIV J]a [MTT IVL ZMĂ…VIVKM \PM ZMIT M[\I\M I[ aW] _Q[P ?Q\PQV your Revocable Living Trust, you will name a Successor Trustee that will manage your estate without court interference if you become incapacitated. The Successor Trustee is legally obligated to follow the explicit instructions in the Revocable Living Trust that you dictated, ensuring your real estate is handled the way you intended. At death, the real estate will pass according to your trust instructions without having to go through probate court. This allows for an expedited estate administration and a higher degree of privacy, since probate court records are public record. 4. IRREVOCABLE TRUSTS: If you wish to gift real estate while you are still alive, or create a trust that can hold real estate for asset protection purposes, an Irrevocable Trust should be considered.
LAW TALK
An Irrevocable Trust is a trust that once created, cannot be changed (with certain exceptions). Under Texas law, the Trustmaker generally KIVVW\ JM \PM JMVMÅKQIZa ]VTQSM I :M^WKIJTM 4Q^QVO <Z][\# PW_M^MZ this feature makes the Irrevocable Trust asset protected against KZMLQ\WZ[ 1N \PM QVLMV\ML JMVMÅKQIZQM[ IZM UQVWZ[ WZ LQ[IJTML PWTLQVO title to real estate in an Irrevocable Trust allows for the trustee that aW] [MTMK\ \W ILUQVQ[\MZ \PM ZMIT M[\I\M NWZ \PM JMVMÅ\ WN \PM UQVWZ WZ disabled person. Gifting real estate with Irrevocable Trust should also be considered for adult children, safeguarding the property against your children’s creditors, divorces, substance abuse or immaturity issues.
As you can see, there are many issues to consider when holding title to real estate. You should always consult an experienced attorney on how to title your real estate and explore which option is best for you.
5. LIMITED LIABILITY COMPANY (LLC) OR LIMITED PARTNERSHIP (LP): Holding title to real
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 J][QVM[[ KWV\ZIK\[ 1^IV Q[ IT[W Æ]MV\ QV ;XIVQ[P
estate with an LLC or LP should also be considered, especially if the real estate is commercial property. The LLC or LP in turn can be owned by you, your trust, or another LLC or LP that you control. Real Estate titled in an LLC or LP creates a high degree of asset protection. The LLC or LP can be designed to align with your current estate plan, maintaining control in case you are disabled, and leaving instructions once you pass away.
“Texas is one of the nine states that allow married couple to hold property in both names as community property.�
The advice provided in the article is for general educational purposes only. For [XMKQÅK TMOIT IL^QKM KWV[]T\ _Q\P IV I\\WZVMa AW] KIV KWV\IK\ \PM 4I_ 7‍ٝ‏KM WN :IUQZMb 8IZMV\Q 844+ Ja ^Q[Q\QVO ___ ZIU TI_ KWU or calling 210-448-7755.
$ H 2015 | Elite Attorney San Antonio 45 |
LAW TALK
Careful Conversation Telling Your Children You Plan to Divorce By: M Y S T I M U R P H Y
If you and your spouse have decided to split, you
know that there are many practical considerations that must be dealt with. You need to work out living arrangements, ensure that bills are paid on time and divvy up household expenses. If you are a parent, however, the most important thing you have to do is break the news of the divorce to your children in a way that is both informative and compassionate.
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Elite Attorney San Antonio | $ H 2015
LAW TALK
Oftentimes, parents forget that they are not the only ones suffering; they either don’t want to see that their decisions are hurting their children or they just get caught up in their own worries. The divorce process must be handled in such a way that the children are protected physically and emotionally. This can be done if parents proactively keep their children’s best interests at the forefront. If parents keep a few helpful hints in mind, they can help ease their children’s worries and make an upcoming separation easier for the children to accept. Whenever possible, parents should try to present a calm, united front to the kids and should share the responsibility for informing the children.
Parents can make the discussion with the children easier by: â– Speaking to the children only about the established decisions for how the separation will happen and that as other decisions are made, you will tell them (i.e., who will remain in the family home, a basic custody guideline, etc.). Seeking the advice of an experienced Texas family law attorney before making these decisions is essential in order to protect your legal rights and options. â– Refusing to succumb to the temptation to “bad mouthâ€? the other parent. â– Giving a high-level overview of the situation only; over-sharing intimate details of what caused the split (like one parent’s inďŹ delity or behind-the-scenes verbal abuse) can be very upsetting for children. â– Allowing the children the opportunity to ask questions about their changing home circumstances. â– Paying close attention to each child’s reaction and respecting his or her emotional freedom - some kids may cry, some may get angry and some may isolate themselves; parents need to support each child in the way that is best-suited. â– Reminding the children that they did not cause the separation and that both parents still love them. If you or a loved one is divorcing, seek the assistance of a skilled and compassionate Texas family attorney in your area to learn more about your legal rights and options.
The Murphy Law Firm understands that Family Law issues are emotional issues that require close personal attention from an experienced lawyer. The firm specializes in all aspects of Family Law. For more information visit, www.murphyattorney.com
$ H 2015 | Elite Attorney San Antonio 47 |
helpful
resources
LAW TALK
American Bar Association www.abanet.org 312-988-5000
State Bar of Texas
www.texasbar.com 800-204-2222
San Antonio Bar Association
www.sanantoniobar.org 210-227-8822
Need a Lawyer?
Judge for yourself‌
W h a t A r e Yo u r A t t o r n e y ’ s
PROFESSIONAL OBLIGATIONS? 1 Your lawyer must represent you ethically, zealously and within the bounds of the law 2 Your attorney must competently analyze legal issues and exercise knowledge of the law applicable to your case 3 He or she must communicate with you in a timely and effective manner 4 Your attorney owes you a duty of loyalty. They cannot simultaneously represent you and another client with legal interests that conflict with yours. 5 Your attorney is required to follow your directions in handling your case unless those directions are illegal 6 Your attorney must keep your personal property separate from his or her own property, and must keep your money in an escrow account 7 Unless given written consent, your attorney is prohibited from taking on representation that is adverse to your interests
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Elite Attorney San Antonio | $ H 2015
Before any work begins, ask what the cost will be for the lawyer’s services and whether you will be responsible for other fees and charges. Most attorney fees, in general, are determined by one or a combination of the following: FIXED AMOUNT: When the attorney is handling a routine and usually predictable case, a fixed fee is more than likely what you’ll be charged.
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Client-Attorney Assistance Program
Lawyer Referral Information Service 800-252-9690 210-227-1853
800-932-1900
HELPFUL TIPS for Always meet personally with your prospective lawyer. In fact, it is good practice to talk to more than one lawyer before you choose the one to represent you.
choosing the right attorney
Spend an adequate amount of time with a prospective attorney. Because you and he or she will become a “team,� you need to make sure that you will feel comfortable with that person as your “team captain.�
Be sure your attorney has relevant experience. An attorney who regularly drafts wills may not be the best choice to represent you in a courtroom if the subject is an auto accident.
Look at each advertisement carefully. Most attorneys will advertise in a factual manner, displaying strong points and special expertise.
will it cost? $ HOW MUCH
BY THE HOUR: You are charged an agreed-upon rate per hour. CONTINGENCY FEE: These fees are usually calculated as a percentage of the client’s net recovery. An attorney will take on a law case on the understanding that if lost, no payment is done. However, if the case is won the lawyer will be entitled to his normal fee, plus a success fee. STATUTORY FEE: The lawyer’s fee for some legal work is set by law or agency regulation. For certain matters, the court either sets or must approve the fee you will pay. IMPORTANT - When the fee has been agreed upon, always get it in writing! $ H 2015 | Elite Attorney San Antonio 49 |
E D UCAT ION HIGHLIGHT
P U B L I C E D U C AT I O N
Building Leaders By: D A N C O R B E T T
As
Harold Maldonado – School Principal:
Public school education is the impetus for the most productive and advanced society the world has seen during the past century. It has MVIJTML UQTTQWV[ WN aW]VO UQVL[ \W ÆW]ZQ[P IVL \W TMIL ][ QV \PM 21st century with a sense of unlimited potential. While private [KPWWT[ KIV N]TÅTT \PM \IZOM\ML VMML[ WN NIUQTQM[ _Q\P KWUUWV purposes, by nature, it only serves a small, homogeneous segment of W]Z [WKQM\a <PMa LW VW\ ZMÆMK\ \PM LQ^MZ[Q\a WN W]Z KWUU]VQ\QM[ IVL they cannot match the resources, opportunities and experiences public [KPWWT[ PI^M \W W‍ٺ‏MZ Meg Irwin – Government Teacher:
In the public education setting, students have access to large numbers WN LQ‍ٺ‏MZMV\ ML]KI\QWVIT WXXWZ\]VQ\QM[ \PI\ IZM VW\ NW]VL QV W\PMZ settings. Students also have the opportunity to interact with children from other religions, ethnic groups, and philosophies. This situation enables children to become prepared to be the world leaders of tomorrow.
a product of public schools, my teachers were extremely LMLQKI\ML Y]ITQÅML IVL QV[XQZQVO 8]JTQK -L]KI\QWV Q[ ^Q\ITTa Katherine LeForge – Science Teacher: important because many of our nation’s greatest economists, Students who enroll in public education can be assured quality scientists, historians, presidents, philanthropists, and legal minds educators, facilities, and community support. Our educators work were a product of public schools in this country. Great public as learner-centered communities to build our students up for success QV[\Q\]\QWV[ PI^M XZWL]KML OZMI\ UQVL[ _PQKP QV \]ZV PI[ JMVMÅ\ML in their post secondary education. Students have access to lab society greatly. So I posed the following question to local educators for their perspective on the following question: experiences, dance studios, professional kitchens, and many other
quality facilities to grow their gifts and talents.
“Why should parents in the 21st Century educate their children at a public school instead of a private one?� Dr. Brian Woods – School District Superintendent:
š1V *M`IZ +W]V\a X]JTQK [KPWWT[ W^MZ !! WN W]Z \MIKPMZ[ IZM KMZ\QÅML QV \PM IZMI \PMa \MIKP .]Z\PMZ _M W‍ٺ‏MZ XZWOZIUUQVO NWZ [\]LMV\[ _MTT beyond the typically thought of 8 a.m. to 4 p.m. school day that includes MVZQKPQVO IN\MZ [KPWWT KIZM I\PTM\QK[ ÅVM IZ\[ IVL [W U]KP UWZM .QVITTa I believe that there is immeasurable value achieved from having children interact with a broad variety of other students and adults. The world is increasingly diverse from a racial/ethnic and socioeconomic standpoint and I want my child to be prepared for that world.� | 50
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Martha Alonso – ESL Teacher:
In this century of technology and globalization, it is critical for students to be exposed to diversity. In public schools, there are children _Q\P ]VQY]M JIKSOZW]VL[ IVL \PMa JZQVO I LQ‍ٺ‏MZMV\ XMZ[XMK\Q^M \W \PM classroom. Children do not only bring unique backgrounds, but they TMIZV \W QV\MZIK\ _Q\P [\]LMV\[ WN LQ‍ٺ‏MZMV\ K]T\]ZM[ Richard Halle – Assistant Principal:
Public schools accept all students and therefore there are many ethnicities and genders who attend. In addition, public schools provide extensive academic classes, which help solicit student interest and engagement. Furthermore, public schools provide a plethora of extra curricular activities that can only be found at the public school. When a student enters a public school they are automatically I‍ٺ‏WZLML \PM JMVMÅ\ WN UMM\QVO W\PMZ[ VW\ TQSM \PMU \PMa KIV X]Z[]M or express an educational interest.
EDUC ATION HIGHLIGHT
Michelle Craig – Academic Dean:
,]M \W W]Z ZM[W]ZKM[ IVL [\I\M KMZ\QÅML \MIKPMZ[ \PW[M [\]LMV\[ enrolled in public schools are much more likely to receive the skills to persevere than those students enrolled in private schools. . . not just a select group of students but ALL students. And that is the beauty of public education. Natasa Tunic-Stjepanovic – AVID Teacher:
?PMV 1 Ă…Z[\ QUUQOZI\ML \W \PM =VQ\ML ;\I\M[ 1 _I[ XTIKML QV\W IV ESL class due to my inability to speak or understand the English language. It took me one semester to transfer from that ESL class into the AP English class. Had it not been for the teachers I had in the public schools I attended, my dreams and goals may have never become a reality.
April Bannert – World Geography Teacher:
Public schools are dedicated to helping all children regardless of their backgrounds or abilities. From the physically handicapped, to the TMIZVQVO LQ[IJTML KPQTL X]JTQK [KPWWT Q[ \PMZM 7V \PM ÆQX [QLM X]JTQK schools are also better able to provide focus and resources in areas such as engineering, agriculture, athletics, and communication arts. Oscar Garza – Assistant Principal:
I believe that children should be educated in a public school due to the NIK\ \PI\ X]JTQK [KPWWT[ PI^M UWZM \W W‍ٺ‏MZ 8]JTQK [KPWWT[ ITTW_ [\]LMV\[ the opportunity to graduate a well-rounded person. Public schools have the responsibility to educate and teach all students, therefore, they have programs for special needs students and they have programs for gifted & talented students.
Miranda Snider – Assistant Principal:
Public schools are for everyone. We do not take applications, we take children. We have teachers that work extended hours, because \PMa JMTQM^M QV \PMQZ [\]LMV\[ ?M W‍ٺ‏MZ M`\ZIK]ZZQK]TIZ XZWOZIU[ \W enhance the school experience. Public education is not a building or a job, it is a belief in the good in people.
Dan Corbett is a local educator & political strategist. He _I[ XZM^QW][Ta VIUML \PM UW[\ QVÆ]MV\QIT ML]KI\WZ QV San Antonio by Scene in SA Magazine and is the President of the British Society of Texas. He can be reached at corbett2004@yahoo.com.
Phillip Blum – At Risk Support Clerk:
I think of opportunity when it comes to public education. There are a myriad of programs and activities for student involvement and engagement. It’s a proven fact that students who are involved and engaged in an academic environment _QTT JM []KKM[[N]T ;\]LMV\[ IT[W JMVMÅ\ NZWU _MTT ML]KI\ML IVL LQ^MZ[M NIK]T\a IVL [\I‍ ٺ‏ Amy Burns – Assistant Principal:
Public schools are charged with teaching absolutely everyone. We graduate talented athletes, gifted scholars, soldiers, future leaders and voracious readers. We have the funding, community support and dedicated educators to help every single young person become the best possible version of themselves, regardless of race, economic status or ability level. $ H 2015 | Elite Attorney San Antonio 51 |
E D UCAT ION HIGHLIGHT
COURT REPORTING A LUCRATIVE ALTERNATIVE TO THE FOUR-YEAR DEGREE As high school graduation quickly approaches, many students
are struggling to decide their next steps. A career in court ZMXWZ\QVO W‍ٺ‏MZ[ OZIL]I\QVO [MVQWZ[ IV I\\ZIK\Q^M IT\MZVI\Q^M \W the traditional four-year college degree. Lower student loan debt, high demand for court reporters, starting salaries in the mid-$40,000s and many career paths to choose from make court reporting an excellent alternative to traditional college degrees. With more than $1.2 trillion in student loan debt nationally, Americans owe more for their post-secondary education than they do for their automobiles and credit cards. According to The Project on Student Debt, 59 percent of Texas college graduates leave school more than $25,000 in debt. Court ZMXWZ\QVO [KPWWT[ \aXQKITTa W‍ٺ‏MZ \_W aMIZ XZWOZIU[ \PI\ KW[\ on average, the same as one year of community college. By comparison, this means a court reporting graduate will spend less than half the time in school and carry less than one-quarter of the debt of a student holding a bachelor’s degree. An independent study conducted by Ducker Worldwide ,]KSMZ WVM WN \PM VI\QWVŸ[ TMILQVO UIZSM\XTIKM IVITa[\ ÅZU[ shows demand for court reporters will exceed supply within three years, yielding a nationwide shortage. By 2018, there will be 5,500 new court reporter jobs available in the U.S., with the greatest demand occurring in California, Texas, Illinois and New York. Currently, there are approximately 32,000 court reporters working in the U.S. However, the workforce is aging, and 70 percent of court reporters are over the age of 45. Retirement rates and new rules adopted by the Federal Communications Commission (FCC) in 2014 to improve the quality of broadcast captioning are a primary driving force for the projected shortfall. Ducker also reports that the average starting salary for a court reporter is $43,000. According to the U.S. Bureau of Labor
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Elite Attorney San Antonio | $ H 2015
EDUC ATION HIGHLIGHT
Statistics, the growth rate for court reporting salaries is expected to increase by 14 percent through the year 2020. Compare that with an average starting salary of less than $40,000 for a bachelor’s degree, and a career in court reporting is even more attractive. “Projected shortages in the stenographic court reporting profession come at a time when many graduates with traditional NW]Z aMIZ LMOZMM[ IZM [\Z]OOTQVO \W Ă…VL MUXTWaUMV\ Âş [IQL Sarah E. Nageotte, CBC, CRR, RDR and President of the National Court Reporters Association (NCRA). “Court reporting is a career path with above-average job security and earning potential, as compared to its more traditional counterparts. With opportunities for court reporters on the rise, students who graduate will hold more than a piece of paper – they’ll hold a job.â€? Despite the terminology, only 28 percent of stenographic court reporters actually work inside a courtroom day-to-day. Most operate in a freelance capacity for legal depositions or provide ADA-compliant captioning for medical transcriptions, educational settings and business meetings. This freelance status allows court reporters to set their own schedules, working wherever and whenever they choose.
About National Court Reporters Association The National Court Reporters Association (NCRA) is internationally recognized for promoting excellence among those who capture and convert the spoken word to text for more than 100 years. Headquartered in Vienna, Virginia, NCRA is committed to supporting its more than 16,000 members in achieving the highest level of professional expertise with educational opportunities and industry-recognized court reporting, educator and videographer certification programs. NCRA impacts legislative issues and the global marketplace through its actively involved membership. For more information, visit www.NCRA.org.
For more information on the court reporting profession and schools in your area, visit www.crtakenote.com.
“This is a low-cost education with high starting salaries, which is good for high school grads.�
$ H 2015 | Elite Attorney San Antonio 53 |
SPECIAL SECTION: BUSINESS
By: Jennifer Pucci Starr
Two U.S. Army Veterans with a business idea and a passion to succeed set out in 2004 on a mission to provide service to those who serve, and do it with precision, discretion and on deadline! Those men of measure were Felix Gallego and Glen Gonzales, and the business was and is San Antonio Copy Concierge (SACC), now successfully serving the leaders in the legal industry and beyond for over a decade.
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Elite Attorney San Antonio | $ H 2015
SPECIAL SECTION: BUSINESS
1V I [Y]IZM NWW\ W‍ٝ‏KM [XIKM _Q\P JI[QKITTa no equipment and not one other employee, the two set out to prove their worth and within one week, equipment vendor, Jesse Mendez, gave them that step up. Impressed by the two, Mendez put his faith in their success and gave them a rental option that allowed them to grow the business without needing a large upfront investment. Soon after, with machines in place, \PMa PQ\ \PM XI^MUMV\ IVL TIVLML \PMQZ ÅZ[\ KTQMV\ VWVM other than the esteemed law practice of Frank Herrera. 1\ _I[VŸ\ TWVO ]V\QT [WUM WN \PM UW[\ PQOP XZWÅTM attorneys and cases in San Antonio relied heavily on the work from SACC to keep their cases moving. Paying close attention to the intricate needs of their clients, one case in particular had the group creating IV W‍[ ٺ‏Q\M š_IZ ZWWUº QV I TWKIT PW\MT 1V \PQ[ [XIKM the attorneys could gather together to discuss the trial while having the services of producing quick contracts IVL LWK]UMV\[ I\ \PMQZ ÅVOMZ\QX[
nature of the documents they produce, they have decided to take no chances in the process and from paying careful attention to packaging as well as the inPW][M LMTQ^MZa [MZ^QKM# \PMa [\Ia KWVĂ…LMV\ \PI\ ITT \PMQZ clients needs have been met.
š W‍ٺ‏MZ[ KZMI\Q^M [WT]\QWV[ and helps you manage the unmanageable.�
The company has excelled from mainly a copy business \W WVM \PI\ W‍ٺ‏MZ[ PQOP \MKP KWXaQVO [KIVVQVO JQVLQVO and other services that keep up with the fast moving technology trends in any business. Since opening, they have also implemented a full service design team, a service that goes hand in hand with the daily work š4Q\QOI\QWV Q[ I ^MZa LMUIVLQVO Ă…MTL \W JM QV \PQ[ of understanding and creating professional, high industry you must be able to multi-task and be able quality business pieces that stand out from the rest. willing to go that extra step not just once but every time,â€? The designers are well-trained professionals who says Gonzales. “Our production area is not open to the have created projects from business cards to posters X]JTQK NWZ \PM ZMI[WV WN [MK]ZQ\a IVL KWVĂ…LMV\QITQ\a and more. It is our practice to protect every document that is in š1N aW] Ă…VL aW]Z[MTN NZ][\ZI\ML _Q\P KWZXWZI\M KWXa our control.“ shops that lose track of your vision, as well as your ;QVKM \PW[M Ă…Z[\ NM_ LIa[ WN XW]VLQVO \PM XI^MUMV\ job, come see how fun the alternative can be,â€? says and proving their worth, SACC has double in size /WVbITM[ š?M PI^M I KZMI\Q^M SVW_TMLOMIJTM [\I‍\ ٺ‏PI\ and conduct business for not only the Elite Attorneys \ZMI\[ aW]Z XZWRMK\ I[ \PMQZ W_V W‍ٺ‏MZ[ KZMI\Q^M [WT]\QWV[ of San Antonio, but also other elite businesses in the and helps you manage the unmanageable.â€? IZMI \PI\ IZM TWWSQVO NWZ I Ă…ZU _PW ]VLMZ[\IVL[ \QOP\ It is no question that the task of trying a case can be deadlines, can deliver high quality results and does so quite a daunting one, and to have a group such as exactly when they need it. SACC there for support has put many local attorneys š?Q\P I [\I‍ ٺ‏WN M`XMZ\[ WJ[M[[Q^M IJW]\ LM\IQT IVL at ease. quality, we are now not only favored within the legal community, but also, large organizations, schools and many other businesses,â€? says Gonzales. Service has always been job one for this team, located downtown in the Tower Life Building, where security is provided 24 hours a day. Understanding the delicate
<W Ă…VL W]\ UWZM IJW]\ ;)++ ^Q[Q\ W W W. S A C O P Y. C O M
or call 210-223-2679 $ H 2015 | Elite Attorney San Antonio 55 |
E D UCAT ION HIGHLIGHT
For No Getting Fired Good Reason.
What’s Up With That? By: S A M I R A L I N E B E R G E R
Many states, including Texas, subscribed to the basic principle that an employer
[PW]TL PI^M \PM ZQOP\ \W Ă…ZM [WUMWVM NWZ šOWWL KI][M JIL KI][M WZ VW KI][M I\ ITT Âş <PQ[ principle is called “at will employment.’ Many times it seems unfair to the employee, XIZ\QK]TIZTa QV I JIL MKWVWUa _PMZM Ă…VLQVO IVW\PMZ RWJ KIV JM Y]Q\M LQ‍ٝ‏K]T\ J]\ Q\ is based on the principles of freedom and liberty. In particular, for a small company it can make a lot of sense. Each employee is a critical but expensive resource. Employers VMML ÆM`QJQTQ\a \W ILR][\ \PMQZ XIaZWTT I[ VMKM[[IZa \W UMM\ \PMQZ J][QVM[[ VMML[ IVL [WUM\QUM[ \PI\ UQOP\ UMIV Ă…ZQVO [WUMWVM NWZ ZMI[WV[ \PI\ W\PMZ[ UIa VW\ IXXZMKQI\M
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EDUC ATION HIGHLIGHT
Imagine you are a one-person business and you hire one person. While the person does a reasonable job, you simply do not like and do not get along with that person. In short, your personalities clash. As the owner of the business you are miserable “going to workâ€? because you are being forced to work with and pay someone that is driving you crazy. Is it fair to force that employer to work and pay a person they do not _IV\ \W JM IZW]VL' ?PI\ QUXIK\ _W]TL [\ZQK\ Ă…ZQVO ZMY]QZMUMV\[ PI^M on the unemployment rate if employers’ hands were completely tied WV Ă…ZQVO LMKQ[QWV[' -^MZa PQZQVO LMKQ[QWV _W]TL JM LM\MZZML W]\ WN concern that an unforeseen problem could develop and the employer would be stuck with the employee or risk facing a lawsuit. There are, however, various exceptions to the “at willâ€? rule that have been adopted by statute to accommodate those situations that are unacceptable to society. Under federal and most state laws, an MUXTWaMZ KIVVW\ Ă…ZM [WUMWVM NWZ LQ[KZQUQVI\WZa ZMI[WV[ []KP I[ ZIKM religion, age, gender or sex (this is where sexual harassment comes QV )V MUXTWaMZ KIVVW\ Ă…ZM [WUMWVM JMKI][M WN I LQ[IJQTQ\a QN \PI\ person can do their job with reasonable accommodations, or for taking an unpaid medical leave for things like seeking treatment for a serious medical condition, taking care of a sick dependent or taking KIZM WN I VM_JWZV 4QSM_Q[M IV MUXTWaMZ KIVVW\ Ă…ZM [WUMWVM NWZ refusing to do an illegal or immoral act. And if there is a contract for employment that addresses the term of the employment and procedures for termination, the contract controls. However, some of these exceptions cannot be enforced unless the employer has a minimum number of employees as prescribed by the law. (In Texas, a business must have at least 15 employees for at least 20 months out of the year to be prosecuted for discrimination reasons, or in the case of the Family Medical Leave Act, at least 50 employees.) And what about those circumstances where an employer is hostile towards or unfairly harasses an employee for reasons that have nothing to do with job performance or any of the discriminatory reasons noted above? Does the employee have a legal basis to seek relief ? There may be common law options for extreme cases of harassment or PW[\QTM _WZS MV^QZWVUMV\ []KP I[ I KTIQU NWZ QV\MV\QWVIT QVÆQK\QWV WN emotional distress, but if that harassment of hostility is not related to one of the protected classes described above, the employee’s options are limited. While this might not seem fair to employees, keep in mind an employee can quit for any reason at all without any repercussions, even if that employee walks out on the job at a critical time that causes substantial injury or damage to the employer.
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While there are times when unfair consequences result from employment separation, balancing freedom with fairness is what has kept “at will employment with some exceptions,� the law of the land.
Samira Mery Lineberger is a 1987 graduate of St. Mary’s University, School of Law. She has practiced in a wide range of areas of law and in many capacities. Most recently as General Counsel for a technology company, she handled the majority of their legal needs including contract preparation, negotiation and management, compliance issues, intellectual property protection, risk management and employment law matters. She is also an experienced trial lawyer representing mostly commercial clients in areas including insurance defense, personal injury, employment discrimination and harassment, premises liability, products liability, construction defects, mechanics liens, fraud, defamation, FELA (Railroad employee injury cases) and DTPA (Deceptive Trade Practices Act) among other things. She has tried numerous cases with a _QLM ZIVOM WN LIUIOM[ NZWU [UITT NW]Z ÅO]ZM KI[M[ \W KI[M[ _Q\P LIUIOM[ QV \PM MQOP\ ÅO]ZM ZIVOM .WZ UWZM QVNWZUI\QWV ^Q[Q\ ___ TQVMJMZOMZTI_ÅZU KWU
$Q HPSOR\HU FDQQRW ÀUH VRPHRQH EHFDXVH RI D GLVDELOLW\ LI WKDW SHUVRQ FDQ GR WKHLU MRE ZLWK UHDVRQDEOH DFFRPPRGDWLRQV RU IRU WDNLQJ DQ XQSDLG PHGLFDO OHDYH IRU WKLQJV OLNH VHHNLQJ WUHDWPHQW IRU D VHULRXV PHGLFDO FRQGLWLRQ WDNLQJ FDUH RI D VLFN GHSHQGHQW RU WDNLQJ FDUH RI D QHZERUQ $ H 2015 | Elite Attorney San Antonio 59 |
EDUC ATION HIGHLIGHT
FAIR LABOR STANDARDS ACT COVERAGE
Does it
Apply To Me? By: A . J . R O D R I G U E Z
T
he Fair Labor Standards Act (“FLSA�) was enacted in 1938 for the protection of workers facing deplorable working conditions, unendurable hours and dismal compensation. While portions of the law have evolved over the years, generally, the law sets the federal minimum wage, defines the 40-hour week, establishes the requirements for overtime pay and places restrictions on child labor. While various provisions of the FLSA are broadly interpreted, the FLSA does not apply to all employers or all employees. Whether or not a particular set of circumstances invokes the protections of the FLSA is an often-litigated topic. However, generally speaking, the overtime and minimum wage provisions of the FLSA will apply if the employee in question meets the Act’s individual coverage definition; or the employer in question meets the Act’s enterprise coverage definition. Under the FLSA’s individual coverage definition, the Act will apply if the individual employee is engaged in commerce or in the production of goods for commerce. “Commerce� for purposes of the FLSA “means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof.� 29 U.S.C § 203(b). Based on this broad definition, the Act potentially covers employees who: “produce goods (such as a worker assembling components in a factory or a secretary typing letters in an office) that will be sent out of state, regularly make telephone calls to persons located in other States, handle records of interstate transactions, travel to other States on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State.� Even if an individual employee is found not to be engaged in commerce or in the production of goods for commerce, the protections of the FLSA may still be triggered if the employer meets the Act’s enterprise coverage definition. Enterprise coverage involves a two-part test. The first part contains two prongs, either of which will satisfy the first portion of the definition: Prong 1: Does the employer have employees engaged in commerce or in the production of goods for commerce; Prong 2: Does the employer have employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person? As with Individual coverage, “commerce� here again refers to trade, commerce, transportation, transmission, or communication which crosses State lines. As such, under the first prong (known as the “engaged in commerce� clause), even if the employee in question is not themselves
involved in interstate commerce, if the employer in question has two or more other employees involved in such activities, then this will satisfy the first portion of the enterprise coverage definition. Alternatively, FLSA protections may be triggered if the employer falls under the second prong (known as the “handling� clause). Under the “handling� clause, even if the employer does not have employees engaged directly in interstate commerce, if the employer has employees handling, selling, or otherwise working on goods or materials that have been moved in interstate commerce or have been produced for interstate commerce, then such will suffice to bring the employer under the reach of the FLSA. In a recent case out of the Southern District of Texas, the Court found that allegations that kitchen employees at a restaurant had “handled� tools and cleaning supplies that had previously been moved through interstate commerce or had been produced for interstate commerce, were enough to overcome the employer’s motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. If the employer meets either the first or second prong mentioned above, then the remaining requirement to meet the enterprise coverage definition is whether: The employer has annual gross volume of sales made or business done that is not less than $500,000. While this last requirement may seem to exempt many smaller employers from coverage under the FLSA, it is important to keep in mind that FLSA protection may be invoked through either the individual coverage definition or the enterprise coverage definition. Employment laws are often complex and fact-intensive; the FLSA is no exception. Aside from exemptions for employees that meet the Administrative, Executive or Professional definitions, the FLSA contains numerous other exemptions which affect applicability. Any employee or employer with questions about the FLSA and its provisions should contact a qualified attorney before attempting to make a final determination as to potential FLSA liability. A.J. Rodriguez is an attorney at the Kennard Law firm in San Antonio. Rodriguez has successfully represented clients with claims of discrimination, retaliation and wrongful termination arising under the Texas Labor Code, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, as well as other areas of employment law. For more information visit www.kennardlaw.com or call 855-KENNLAW. 1
= ; ,MXIZ\UMV\ WN 4IJWZ ?IOM IVL 0W]Z ,Q^Q[QWV .IK\ ;PMM\ " +W^MZIOM =VLMZ \PM Fair Labor Standards Act (FLSA) (Revised July 2009). 2 Landeros v. Fu King, Inc., 12 F. Supp. 3d 1020, 1024 (S.D. Tex. 2014). $ H 2015 | Elite Attorney San Antonio 61 |
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EDUC ATION HIGHLIGHT
Entity Formation A Breakdown of Choices When Developing Your Own Business Entity By: G A Y L I A D . B R U N S O N
In selecting a business entity in Texas, your choices are, for the
most part, (1) a Corporation, (2) a General Partnership, (3) a Limited Partnership, (4) a Limited Liability Partnership (LLP), or (5) a Limited Liability Company (LLC). Which entity you choose depends on the objectives of your business, whether and how the entity will be taxed, and to what extent the owners/members/partners of the entity need to be shielded from liability. Although state taxes are not an issue in Texas, most business entities will pay federal income taxes as well as something known as a margin tax. The margin tax is imposed on almost all Texas businesses except sole proprietorships and some, but very few, general partnerships. In the case of a Corporation, an entity will pay federal taxes on the entity’s net income and then the owners of the corporation also pay federal income taxes on the distributions paid to them from the entity. Thus, the taxing structure of a corporation is commonly referred to as “double taxation.� A General Partnership, depending on its set-up, may be a “flow-through� entity that pays no federal taxes because its owners pay all the federal taxes on the distributions they receive from the entity. Limited Partnership and LLCs are also both generally considered flowthrough entities but each is required to pay the Texas Margin Tax. Finally, LLP’s generally do not pay federal income taxes but they may be subject to the margin tax. As to the factor of how much protection an entity will give its owners/ member/partners from liability it varies from entity to entity. “Limited liability,� basically means that no member of the entity is personally liable for the debts or obligations of the entity. I say “basically� because there are some exceptions to this rule. For example, a Limited Partnership in Texas is an entity formed with one or more “general partners� and one or more “limited partners.� A general partner of a limited partnership has the same unlimited liability for partnership debts as does a partner in a general partnership. However, a limited partner is liable for debts or claims against the partnership only in the amount of that limited partner’s capital contribution to
the partnership. Further, a limited partner can lose his limited liability if he participates in the management of the partnership business. An LLC, on the other hand, if properly structured, can provide its owners with a liability shield even if they participate in the business. This results in LLC owners having maximum freedom to determine the internal structure and operation of their entity. Limited Liability Partnerships, however, are unique business in that they were created in Texas to give certain professionals, such as doctors, lawyers, architects, veterinarians, and certified public accountants limited liability. LLP’s have three requirements that other Texas business entities do not have. Those requirements are (1) the entity name must include the term “limited liability partnership� or an abbreviation thereof, (2) the entity must pay an extra filing fee of $200.00 per partner and file an application with the Texas Secretary of State, and (3) the entity must carry at least $100,000.00 of liability insurance. As to limitation of liability, LLP’s are also unusual. Unlike partners in a general partnership, who are liable for all partnership obligations, partners in a limited liability partnership are not personally liable for partnership obligations unless the obligations are attributable to the fault of the partner. To contact the Brunson Law Firm call 210-269-9005. This article is intended to be a broad stroke overview of business formation in Texas and is not detailed enough to be used alone to make a determination of which business entity best suits your needs. Please contact an attorney for additional guidance on establishing a business entity that best meets your needs. This article is not intended to give tax advice and should not be used as such.
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