Dallas Bar Association
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Focus | Construction/Real Property Law
June 2023 Volume 48 Number 6
Law Day Luncheon 2023
Akin Supports Pro Bono in Dallas BY MICHELLE ALDEN
On May 16, the DBA hosted its annual Law Day Luncheon, at which Vitalii Tarasiuk, Consul General of Ukraine to the Southwest, was the keynote speaker. Mr. Tarasiuk was interviewed by DBA President Cheryl Camin Murray on the topic of “Enforcing the Rule of Law in Ukraine.”
Focus
Construction/Real Property Law
Drone Law Basics and Upcoming Changes BY FRANK L. BROYLES
Uncrewed aircraft, commonly called “drones,” are becoming common place, and new and innovative uses for drones are cropping up almost daily. As an example, after substantial experience with drone delivery in Australia, Google Wing recently set up operations in Frisco, Texas and is currently using drones for short-range delivery of various consumer products. Agricultural use is typically listed as the number one reason for drone applications, while construction ranks from second to fourth. Primary uses for drones in construction are: inspection, surveying, inventory management, product delivery, security, and litigation support. The objective of this article is to provide a foundation for attorneys who have substantial construction experience, but little or no familiarity with rapidly developing drone law. Drones are aircraft, and they are highly regulated by the Federal Aviation Administration (FAA). Significantly more restrictions are being implemented to promote the safe operation, and increased public acceptance, of drones for a growing variety of uses. Drones flown for construction purposes in federal airspace must be registered with the FAA and flown by an FAA-licensed drone pilot who has passed a written drone law exam at an FAA testing center. When and how drones are
flown determine which regulations apply. State and local governments also are adopting various drone laws, but those laws cannot conflict with federal law. Generally, drone attorneys and drone educators are more than willing to help, and they provide a great and timely maintained resource. For example, on his website, www.jrupprechtlaw.com, Johnathan Rupprecht, a drone attorney in Florida, maintains a list and summary of almost all drone cases, both criminal and civil, and it is an excellent research website. Regulation of drones weighing less than 55 pounds typically falls under Part 107 of Title 14 of the Federal Code of Regulations, titled “Small Unmanned Aircraft Systems.” The basic prohibitions listed in Part 107 include flying at night, flying over people, flying over 400 feet above ground level or structures, flying in restricted airspace (e.g., commercial airports), and flying less than 500 feet below clouds. Those regulations, however, are not set in stone. Applications to the FAA for waivers and exemptions from Part 107 are available if a case can be made for safe operation. A significant change in drone regulation is scheduled to become effective in September of this year. That change will require all drones that are not being flown in FAA-designated “Recognized Identification Areas,” or “FRIAs,” continued on page 22
Inside 8
Contractors & Adjacent Property: Spreading Neighborly Love
13 A Move into a Mansion 20 Exceptions When the Relation-Back Doctrine Applies 23 Understanding and Evaluating Damages in Construction Cases
Akin is an elite law firm that helps clients anticipate what is next, and helps navigate a path to success. The attorneys of Akin pride themselves on supporting the community in which they live and work. This desire to give back to the Dallas community led the firm to step up with a generous gift of $26,000 to this year’s Equal Access to Justice (EAJ) Campaign. The firm has a long and distinguished history of contributing to the Campaign. Including this gift, Akin has donated more than $178,400 to legal aid for low-income people since 1997. The EAJ Campaign is the annual fundraising campaign that supports the Dallas Volunteer Attorney Program (DVAP). The firm’s gift makes it possible for DVAP to continue to provide legal aid in Dallas, keeping the doors to the courthouse and our overall justice system open to many more people. “DVAP gives our firm the opportunity to reach those in our community most in need of free legal services,” said Steven Schulman, Pro Bono Partner. He joined the firm in 2006 as its first full-time pro bono partner, and he has seen participation in the pro bono practice increase substantially in every office and across every practice group. The firm’s lawyers now devote an average of more than 100 hours annually to pro bono client matters. “With DVAP’s mentorship, my colleagues feel comfortable advising in areas outside of their normal practice. An investment funds lawyer can, for example, confidently help a low-income Dallas resident complete a will and other life-planning documents,” Steve added. Akin attorneys have been volunteering at various DVAP legal clinics and accepting cases for full representation for years. Without volunteer attorneys stepping up to assist, access to justice would be out of reach for DVAP clients, who do not have the resources to hire private attorneys. Longtime volunteer Nina Orendain, a member of Akin’s investment management practice in Dallas, focuses her pro bono work on cases for DVAP’s Spanish-speaking clients, thereby filling a critical need for assistance with estate planning, divorces, and name changes. “I was raised in a family committed to social justice,” said Nina. “My par-
Steven Schulman
ents gave up their career aspirations to devote their lives to the Farmworkers’ Movement in California. Later, my parents remained committed to organizing farmworkers through the founding of the Texas Farm Workers Union in the Rio Grande Valley. At an early age, I saw how education and a profession such as the law could be used to help people improve many aspects of their lives. I also lived a life appreciative of volunteer service, including those who supported the Farmworkers’ Movement and the historic grape boycott of the 1960s. Through my childish view, I dreamt of becoming a ‘have’ while committing to never forget what it was like to be a ‘have not.’ I vowed that I would always help others in any way I could. I choose to use my legal and language skills to do that.” Nina encourages other attorneys to become involved in pro bono, and has learned that while our legal system has a long way to go, “there are many Dallas attorneys and law firms committed to contributing to doing their part to make the legal system more accessible and equitable.” DVAP is grateful for Akin’s support of equal access to justice. DVAP is a joint pro bono program of the DBA and Legal Aid of NorthWest Texas. The program is the only one of its kind in Texas and brings together the volunteer resources of a major metropolitan bar association with the legal aid expertise of the largest and oldest civil legal aid program in North Texas. For more information, or to donate, visit www.dallasvolunteer attorneyprogram.org. HN Michelle Alden is the Director of the Dallas Volunteer Attorney Program. She can be reached at aldenm@lanwt.org.
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