Mediation in Three Acts: Different Approaches to Resolving Disputes
ADR and Mediation in Texas: A Stroll Down Memory Lane
HBA Honors Excellence in Diversity and Law Day Contests at 2025 DEI Luncheon
An Interview with HBA President Daniella Landers
Daniella Landers 2025-2026 President Houston Bar Association
Streamlining Arbitrations By Jessica crutcher and chimdimma OnyedeBelu
Mediation in Three Acts: Different Approaches to Resolving Disputes By Justice r uBy Kless sOndOcK, Judge JOsefina m rendón, and PrOfessOr KimBerlee KOvach
ADR and Mediation in Texas: A Stroll Down Memory Lane By Justice r uBy Kless sOndOcK
Upholding the Rule of Law: The HBA’s Enduring Commitment
Houston Bar Foundation Launches Community Grants Program By Krisina ZuÑiga
HBA Honors Excellence in Diversity and Law Day Contests at 2025 DEI Luncheon
An Interview with HBA President Daniella Landers
Daniella Landers Sworn In As 2025-2026 President of the Houston Bar Association
President’s message
The HBA’s Service to Our Members, Our Community, and Our Profession By daniella landers
frOm the editOr People, Service, Collaboration: The Heartbeat of a New Bar Year By niKKi mOrris
veteran sPOtlight Eric D’Olive By maggie martin
Off the recOrd Counsel by Day, Choreographer by Night By tara m. taheri
a PrOfile in PrOfessiOnalism
A. Martin Wickliff, Jr. member, cozen O’connor
cOmmittee sPOtlight
HBA Campaign to End Homelessness and Hunger Committee: Hosting a Pro Bono Clinic with Beacon Law By deanna WillsOn
sectiOn sPOtlight
Litigation Section: A Year in Review By sammy fOrd iv
legal trends
Texas Supreme Court Narrows ‘Separate Litigation’ for Vexatious Litigants By Kaitlyn tucKer
media revieWs
The Balancing Act: It’s Not Just For Moms reviewed by anna archer
Power Up Your Practice: Create the Law Firm and the Life You Deserve reviewed by Jennifer smith litigatiOn marKetPlace
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By Daniella l an D ers
The HBA’s Service to Our Members, Our Community, and Our Profession
The Houston Bar Association’s strength is based on three central pillars: People, Service in the Community, and Collaboration & Allyship
Our greatest foundational strength is our People (our Membership). This year, I want to explore ways to expand our membership. The HBA averages around 11,000 members— less than half of the licensed attorneys in the greater Houston area. Sixty percent of lawyers work within small law firms, legal departments, or are solo practitioners. Based on a petition I passed around last fall, the HBA launched the Solo & Small Firm Sec tion for the 2025-2026 Bar year, which aims to serve as a valuable resource for attorneys navigating the challenges and opportunities of these environments. I encourage you to get involved by visiting hba.org/sections
We will continue to offer a one-time discount to members of specialty, affinity, and geographic bars who join the HBA for the first time. Last year, we welcomed new HBA members from 15 of these bar associations. I hope more will take advantage of this opportunity.
We also want to emphasize the HBA’s role as an educational platform to ensure members are well-informed of the issues and key developments impacting their practice. In these challenging times, the HBA wants to reinforce and promote the rule of law, which has been an important part of the HBA’s long-standing mission. As lawyers licensed to practice in the State of Texas, we are called upon to uphold the rule of law in our daily duties, and during times such as taking a pro bono matter through Houston Volunteer Lawyers or speaking to the community about the legal system during Law Week. Notably, to commemorate the 250th Anniversary of the Declaration of Independence, we will host activities through our Professionalism Committee. We hope that you will all join us as we reaffirm our commitment to our oath to follow the rule of law.
The second key pillar of the HBA is Service. Over the years, the HBA has partnered with over 55 organizations to provide legal and social support. As part of my presidential initiatives this year, the HBA will strengthen those community partner-
ships by hosting two Days of Service where members, their families, and friends will have the opportunity to choose from a range of community service events—both pro bono and non-pro bono—organized in collaboration with HBA committees, Houston Volunteer Lawyers, and local partner organizations. On September 27th, we will provide up to six service opportunities and will partner with organizations such as the Pursuit Center, Fit Houston, and Books Between Kids. On March 28th, we will provide additional service opportunities, and our partners will include Houston Habitat for Humanity, the Houston Area Youth (HAY) Center, and Aid to Victims of Domestic Abuse (ADVA). We hope that you can join us on one or both Days of Service.
My third area of focus is Collaboration & Allyship. In that vein, the HBA will renew the HBA Ambassadors Program through the Advancing Belonging and Cultures Committee (f/k/a Diversity, Equity & Inclusion Committee), as well as representatives from our local and affinity bar associations. We aim to develop leadership programming by including some of the great lawyers within the HBA to train our next generation of leaders.
The HBA will network and collaborate with partners and allies in the legal, business, and political communities, including local and diverse chambers of commerce, affinity, and geographic bar associations and others. The HBA just moved into its new space at 1000 Louisiana, and we hope to encourage many of you to join us at upcoming networking events with other bar and business leaders. We hope to use these activities to further expand our leadership and our relationships within and outside of the HBA.
I hope that at least one of these initiatives has not only sparked an interest but also motivated you to get more involved with the HBA and the community at large. I have been looking forward to this historic opportunity for many years. I greatly appreciate your vote of confidence in allowing me to serve as president of the Houston Bar Association. I look forward to working and serving with you all this year.
BOARD OF DIRECTORS
President Daniella Landers
President-elect Greg Ulmer
first vice President Collin Cox
second vice President Robert Painter
secretary Kaylan Dunn
treasurer Todd Frankfort
immediate Past President David Harrell
DIRECTORS (2024-2026)
Keri Brown Stephanie Noble
Seepan V. Parseghian Samantha Torres
DIRECTORS (2025-2027)
Carter Dugan Greg Moore
Colin Pogge Richard Whiteley
EDITORIAl STAFF
editor in chief Nikki Morris
associate editors Anna M. Archer
Sydney Huber Bateman
Jessica Crutcher
Lane Morrison Rinku Ray
Braden Riley
editorial Board
Anietie Akpan Mehrnoosh K. Andu
Jaclyn Barbosa Casey Minnes Carter
Hon. Natalia Cornelio Johnny Day
Corey Devine Teresa Hudson
Chandria Jackson Dave Louie
Andrew Pearce Ciara Perritano
Hon. Josefina Rendón Kimberly Seiler
Jennifer Smith Rachael Thompson
Carey Worrell Nicolette Zulli
managing editor Maggie Martin
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associate executive director Ashley G. Steininger
executive assistant and director of Board affairs Gina Pendleton
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PeoPle, Service, collaboration: The Heartbeat of a New Bar Year
Welcome to Volume 63 of The Houston Lawyer
I am so thrilled to serve as the editor in chief this year. I have been a member of The Houston Lawyer Editorial Board since I first got involved in the Houston Bar Association. I have joined several other committees over the years, but for me, this is the one where I have found my home. I enjoy the collaborative nature of the magazine, the opportunity to champion voices of my colleagues, and the ability to exercise my creative muscles by writing more than just briefs. One of the first writing assignments I took on for the magazine was writing an Off the Record column, which is still my favorite part of the magazine as it encourages and shows that, in addition to dedicating ourselves to the law, we can and should also be engaged in other hobbies and interests. I am also incredibly grateful to the editors in chief who came before me, including Andrew Pearce, liz Furlow, Brooksie Bonvillain Boutet, Anietie Akpan, and Anna Archer —all of whom have demonstrated excellent leadership and led the editorial board to produce the fantastic issues on important topics in the last several years.
I would be remiss if I failed to thank our fearless leader, Maggie Martin, without whom none of this would be possible. Maggie keeps the ship moving and encourages us to be better and put out better issues each year. Thank you, Maggie, for your leadership.
We also have a great editorial board with several new members this year who have already helped contribute to upcoming issues by suggesting topics and authors. As I told them at our first meeting, as a mom of three, if it’s not happening on Bluey, there is no guarantee that I am aware of it, so I appreciate their input and content suggestions to help us provide interesting articles on a variety of topics. Houston Bar Association President Daniella l anders has a strong vision for this Bar year. Her focus for this term—people, service, and collaboration—will help guide the themes of each issue this year. Each issue will include a spotlight on the veterans in the HBA community, and we will highlight the Bar’s community service and collaborative efforts throughout the year. We are kicking off our Veteran Spotlight with Eric D’Olive, a veteran of the U.S. Army and Army Reserve.
The articles editors for this year are also great contributors to the magazine and generally wonderful humans. l ane Morrison —Articles Editor, Sydney Bateman Huber —Legal Trends, Braden Riley—Committee and Section Spotlights, Jessica Crutcher —Off the Record, Rinku Ray—Media Reviews, and Anna Archer, former editor in chief and Behind the Lines Podcast host. Each of these individuals has already hit the ground running in taking on their roles, and I am so grateful for their leadership and willingness to contribute not only to their columns or the podcast but also to actively contribute to the magazine as a whole.
In this issue, we have three articles about alternative dispute resolution practices. Justice Ruby Kless Sondock takes us down memory lane as she recounts how mediation became such a key part of litigation in Harris County. Justice Sondock , along with Editorial Board Member Judge Josephina Rendón and Professor Kimberlee Kovach, provide insight into three styles of mediation and how implementing these strategies may help lead your clients towards settlement. Finally, Editorial Board Member Jessica Crutcher and the American Arbitration Association explain best practices of using technology to streamline your next arbitration.
Thank you for reading The Houston Lawyer.
Jessica Crutcher Jessica Crutcher Law
Rinku Ray Ray & Fahys
Lane Morrison Bush Seyferth
Anna M. Archer
U.S. District Court
Braden Riley Morrow & Sheppard
Sydney Huber Bateman
Horne Rota Moos
By Jessica crutcher and chimdimma
Streamlining Arbitrations
introduction
For nearly a century, the American Arbitration Association® (AAA®) and its international arm, the International Centre for Dispute Resolution® (ICDR®), have played a foundational role in shaping arbitration in the United States and around the world. As the AAA-ICDR® approaches its 100th anniversary, its mission remains rooted in the core values that gave rise to modern arbitration: affordability, accessibility, and timeliness.
Yet with growing complexity across industries and increased caseloads in both domestic and international disputes, the importance of streamlining arbitration proceedings has never been greater. Efficiency is not merely a preference—it is fundamental to preserving arbitration’s value proposition.
The AAA-ICDR has responded to these challenges with deliberate innovation. From specialized procedural tracks and flexible case management tools to cutting-edge technology and robust arbitrator training, the institution continues to evolve its practices to meet the demands of today’s users—without compromising the integrity of the process.
initiating a case at the aaa-icDr
The AAA-ICDR typically begins administering an arbitration when one party submits a Demand for Arbitration, a copy of the relevant arbitration clause, and the appropriate filing fee via AAA WebFile® (the online filing portal), by email to casefiling@adr.org, or by mail to any AAA-ICDR office worldwide. The demand is usually a brief form (about two pages) that captures key details
such as party and counsel information, a summary of claims, requested relief, preferred arbitration locale, and desired arbitrator qualifications.
Once it receives a demand, the AAAICDR reviews the submission to make sure that it meets the AAA-ICDR’s preliminary filing requirements. The case is then assigned to a case manager, who notifies the parties and sets a deadline for the respondent(s) to file an answer and/or counterclaim.
To avoid delays at this stage, counsel should ensure that party names, contracts referencing AAA-ICDR, and filing fee payments are clear and complete. Because filing fees vary by industry and rule set, the AAA-ICDR encourages users to consult the online administrative fee calculator, which provides estimates for cases under the commercial, construction, employment, consumer, and international rules.1
arbitrator Selection
Arbitrator selection is a critical step in the arbitration process—one that allows parties to shape the tone, direction, and efficiency of the proceedings by having a say in who will decide their dispute. The AAAICDR offers structured and flexible mechanisms to support this process, anchored in party autonomy and procedural integrity. Unless the parties’ arbitration clause specifies an alternative method, arbitrators are usually selected using one of two structured approaches:
1. Standard Rank & Strike Method
The most common arbitrator selection method is the rank and strike process. Based on the qualifications, experience,
and other criteria specified by the parties, the AAA-ICDR prepares a list—typically 10 arbitrators, although that number may vary—drawn from the AAA-ICDR roster of arbitrators. Each arbitrator’s resume includes their background, subject-matter expertise, and, importantly, their stated hourly or daily rate, allowing parties to consider both qualifications and cost when making selections.
Each party then independently reviews the arbitrator list, striking names and ranking the remaining arbitrators, submitting it directly to the AAA-ICDR without copying opposing parties. After reconciling the strikes and rankings, the AAA-ICDR identifies and appoints the highest-ranked mutually agreeable arbitrator(s). If there are insufficient mutual matches, the AAA-ICDR has the authority under the various rules to make an administrative appointment.
2. Arbitrator Search Platform Access
For cases requiring a more tailored approach, the AAA-ICDR may provide parties with access to the arbitrator search platform. This temporary access allows each party to explore the AAA-ICDR’s full roster and independently propose a short list of arbitrators who meet their unique criteria—again, submitted confidentially to the case manager. The AAA-ICDR then supplements those submissions to create a combined list, from which parties conduct a rank and strike process, often subject to limits on the number of strikes each side may exercise.
For disputes administered under the AAA’s procedures for large, complex cases—typically involving claims and counterclaims totaling $1,000,000.00 or more—the AAA offers an enhanced arbitrator selection process at no additional cost. This process provides parties with greater flexibility, transparency, and control in choosing arbitrators. Some options include:
• Pre-screening for conflicts and availability to avoid later delays.
• Supplemental descriptions offering more detail on experience, references, or CVs.
• Oral or written interviews to evaluate the arbitrator candidates’ procedural style and subject-matter expertise.
• Block listing, where separate arbitrator lists (e.g., judges, lawyers, industry experts) are provided for three-member panels.
• Streamlined panel option, allowing a single arbitrator to manage pre-hearing stages, with the full panel convening for the hearing and final award.
These tailored services enhance party confidence in the process and help prevent potential delays by addressing issues like conflicts and limited availability early.
the Preliminary Hearing
After an arbitrator is selected and the parties have paid their required arbitrator compensation deposits, the AAA-ICDR case manager will set a preliminary hearing during which the arbitrator and the parties’ counsel will try to agree on a scheduling order and address any other preliminary issues. Before the preliminary hearing, counsel should familiarize themselves with the applicable AAA rules for their case. In addition, arbitrators often appreciate, and the parties’ costs will be less, if counsel speak to one another beforehand and arrive at the preliminary conference with agreements on suggested dates for the various items in the scheduling order, the type and amount of discovery the parties think they will need, and agreements on the type of hearing (live, virtual, hybrid, or documents only), length, and place of hearing, and the type of award the parties would like (reasoned or standard award). Be sure to revisit the arbitration clause to see if it provides for certain types of discovery, hearing, and/or award type. Remember, AAA rules generally provide for only limited pre-hearing exchange and document production, so it is helpful for the parties to either reach agreement on the scope of discovery or present their dispute to the arbitrator for decision. The arbitration process will be much more streamlined if the parties’ counsel are prepared to work together to resolve disagreements.
Discovery & Motion Practice
Counsel should always work together to try to resolve disputes before bringing them to the arbitrator. Depending on their practice, the arbitrator may not require a formal motion to compel discovery but may instead address the issue based on an exchange of emails and a conference with counsel. Discovery disputes are expensive in arbitration, just as they are in courtroom litigation; remember that the parties are paying the arbitrator hourly/daily, and they should consider that added expense in determining whether to bring a discovery dispute to the arbitrator.
Depending on the applicable rules, the arbitrator may allow a party to file a dispositive motion if the party’s written request to file shows their motion is likely to succeed and will dispose of, or narrow, the issues in the case.
Finally, all communications with the arbitrator must copy the other party’s counsel and the AAA. Ex parte communications are strictly forbidden.
the Pretrial conference
Again, counsel should work together to try to agree on hearing exhibits, and they should present a joint exhibit list to the arbitrator. Any exhibits on which the parties cannot agree should be listed separately and presented to the arbitrator for a determination on admissibility, although the rules of evidence may not strictly apply in the arbitration. It cannot be overemphasized that the arbitration process will go more smoothly if the parties are able to avoid major pretrial disputes. In addition, it will often streamline the hearing if the parties present pre-trial briefs to the arbitrator; this should be determined at the preliminary hearing or during the process of discovery and motion practice.
the Hearing
The arbitrator’s decision will be based solely on the evidence and legal arguments the parties present to her, along with applicable law. The standard of proof for the claimant is preponderance of the evidence,
just as in the courtroom in a civil case. Counsel should arrive with their exhibits, witness testimony, and any demonstratives well organized. In the United States, it is typical to present live witness testimony, while in international cases administered by the ICDR, the parties often provide written witness statements as opposed to live testimony. Each party and the arbitrator have the right to question live witnesses.
If the parties agree to submit post-hearing briefs, it will speed matters to submit any attorney fee applications at the same time. Submission of all materials agreed to by the parties or requested by the arbitrator will mark the close of the hearing. The close of the hearing marks the point at which the parties may no longer be heard on the merits of the case. The close of the hearing also marks the point at which the time to issue the award begins to run. This time period is 30 calendar days for most caseloads. Prior to issuing the award, the hearing may be reopened on the arbitrator’s own initiative or upon application of a party, but if the hearing is reopened, the time for issuing the award is reset.
If the parties’ arbitration agreement or the AAA rules do not specify the type of award the arbitrator must issue, the parties should consider the type of award they wish to receive. The trend is for parties to ask for a reasoned award, which, while taking more arbitrator time (and therefore costing the parties more than a standard award), will provide much greater clarity into the arbitrator’s reasoning in issuing the award.
Post-Hearing & award
The arbitrator’s award is transmitted to the parties by the AAA-ICDR. Once the arbitrator’s decision has been issued, their authority ceases. For example, under the AAA commercial rules, absent a party’s request for modification or the parties’ written consent to reinstate their authority, the arbitrator may not add to, subtract from, or in any manner further explain the award. The arbitrator plays no role in enforcement of the award, and counsel should not involve the arbitrator in any post-award activity unless specifically directed to do so
by either AAA-ICDR or the courts.
Grounds for vacating an award
Under both the Federal Arbitration Act and the Texas Arbitration Act, grounds for vacating an award are generally limited to the following: (1) corruption, fraud, or undue means; (2) evident partiality or corruption in the arbitrator(s); (3) arbitrator misconduct, including refusing to postpone a hearing upon sufficient cause shown, refusing to hear material evidence, or other misbehavior that significantly prejudiced the rights of any party; and (4) arbitrator exceeded their powers.2 It should be noted that, while some other jurisdictions may recognize “manifest disregard of the law” as a reason for vacatur, the trend is to not recognize disregard of the law as such a basis, and Texas follows this trend.3
a note on leveraging technology
Through a combination of in-house innovation and strategic partnerships, the AAAICDR provides AI-enabled and digital tools that streamline the entire dispute resolution process—from the drafting of arbitration clauses to the issuance of final awards.4
At the filing stage, parties benefit from a case filing assistant chatbot and API services that simplify and automate multiple case submissions—particularly useful for high-volume filings. To assist with procedural clarity, the AAAi ChatBook provides real-time guidance and tailored answers on applicable rules and steps for preparing and presenting an arbitration case. During arbitrator selection, the AAAi panelist search tool enables tailored searches by industry specialization, rate, and other relevant filters.
At the hearing stage, the AAA-ICDR’s service partner, Optima Juris, offers AI-powered, human-verified transcripts with 99% accuracy, real-time court reporting, 24/7 access to remote and hybrid proceedings, interactive exhibit sharing, secure virtual rooms, and a complimentary host to manage the session–providing seamless, costeffective support for all cases. Parties can organize and present materials securely using the AAA WebFile Hearing Exhibits Space,
which provides a digital, centralized repository for all hearing documents.
Arbitrators can manage cases efficiently through the Panelist eCenter®, while Clearbrief supports arbitrators’ case review and analysis by creating timelines, verifying citations, and generating reader-friendly, authority-linked decisions—delivering a clearer, faster path from dispute to written award.
conclusion & Final recommendations
In sum, counsel can streamline arbitration proceedings, and contribute to a more costeffective process, by familiarizing themselves with the applicable AAA-ICDR rules for their dispute, taking advantage of available technology and tools, maintaining organized case preparation, communicating with one another, and reaching agreements whenever possible to avoid delays.
Jessica Crutcher is the founder of Jessica Crutcher Law PLLC, an arbitrator on the AAA’s commercial, financial services, energy, and consumer panels, a mediator with the AAA’s consumer panel, and the Off the Record editor for The Houston Lawyer.
Chimdimma Onyedebelu is a director of ADR Services at the American Arbitration Association (AAA-ICDR) in Houston, Texas. In this capacity, she administers large, complex commercial and energy arbitration and mediation cases, drives outreach initiatives promoting ADR and AAA-ICDR’s services, and helps manage the panel of commercial arbitrators
2. See 9 U.S.C. §§ 1–16 (1947); TEX. CIV. PRAC & REM. CODE § 171.088(a)(2–3) (1997).
3. See generally Hoskins v. Hoskins, 497 S.W.3d 490 (Tex. 2016) (grounds for vacatur are limited to those explicitly identified in the Texas Arbitration Act).
4. AM. ARBITRATION ASS., AI Tools and Technology, https://www.adr.org/ai-tools-and-technology (last visited July 1, 2025).
By Justice r uBy Kless sOndOcK, Judge JOsefina m. rendón, and PrOfessOr KimBerlee KOvach
MeDiation in tHree actS: Different Approaches to Resolving Disputes
Over 20 years ago, we were asked by the State Bar of Texas ADR Section to serve on a panel entitled “Mediation in Three Acts.” These three acts highlighted three different approaches to mediation, and each panelist discussed a general overview of her style. These approaches were the Facilitative Approach, the Evaluative Approach, and the Relational Approach:
• Facilitative Approach: This approach seeks to help the parties reach settlement through the mediator generally assisting them in their assessments and negotiations and asking questions without imposing his or her own ideas or evaluating their case. Mediators will also have some consideration of the parties’ interests, and creative problem solving can emerge.
• Evaluative Approach: This approach mostly focuses on settlement of legal claims and involves the mediator assessing and evaluating the parties’ facts, legal arguments, and chances in court. Accordingly, the mediator sometimes also proposes solutions or outcomes with a focus on legal matters and settlement.
• Relational Approach: Through this approach, the mediator tries to nurture a cooperative process and assist the parties to focus on their relationship and personal issues.1 Often this
will also lead to resolution of the dispute.
Though sometimes these approaches may be used interchangeably, often mediators have a preference of one style over the others. We believe it would be useful for attorneys and mediators to be aware of these differences, as well as when each style or approach might be best for the resolution of specific types of disputes.
Much has happened since that first talk, and this article provides a glimpse into the development, modifications, and distinction in mediation’s evolution since its early use in Texas. The mediation journey began in 1980, with the first 40-hour training for mediators, and since then, mediation has resolved all types of matters throughout the state. In reviewing these nuanced approaches to mediation now, as we did 20 years ago, we provide some suggestions as to when each approach may be most appropriate, as well as a few tips for how to effectively utilize and make the best use of each approach.
the Facilitative approach
As we highlight the three “acts” of mediation, we first stop at the origin of this “modern mediation movement.” Here, we see that an important perspective is that mediation was, in large part, the result of the 1976 Pound Conference, a meeting of judges, lawyers, and court administrators, who examined the dissatisfaction with the administration of justice.2 And, at that meeting, they called for innovation. Papers were presented that focused on different dispute resolution processes that were separate from the courthouse. Adjudicatory processes already existed. And for that matter, so did evaluation—as courts often told individuals about their case in an attempt to encourage settlement. As a result, it was clear that the purpose of mediation was to offer people a different approach to dispute resolution—one in which they could participate and have an active role in determining the outcome. The purpose of the process was clear: to assist individuals in conflict to resolve the matter themselves. Mediation was viewed as a process by
which the mediator empowered and helped the parties reach their own mutually agreeable resolution to a dispute or conflict. How? By listening, asking broad open questions, and discovering the parties’ interests, which are matters that often underlie the dispute and have the power to shape the potential outcome. The first training conducted in Houston in September 1980 had such theory and practice at its core.
This mediation approach, which is sometimes referred to as generic mediation, can be viewed as the foundation of all mediation. In this style, also known as the facilitative approach, it is imperative that the mediator remain neutral and impartial. That way, the mediator, with an impartial, objective, and open mind, is better able to understand all the areas in dispute with greater clarity. This includes matters that have meaning for the parties but perhaps are not capable of being “legalized,” that is, described by a legal cause of action. The mediator then uses all the information in helping the parties reach a resolution and not just a legal settlement. In fact, TEX. CIV. PRAC. & REM. CODE § 154.023(a) is clear; the verb “facilitate” is used to describe what the mediator does.
Yet that is not to say that the mediator merely passes numbers (of course we now know we can get AI to do that!). Many mediators with a facilitative leaning approach are very active and direct with regards to the mediation process and resolution, but they stop short of giving a directive as to any particular outcome. The mediator’s work is focused on understanding the parties’ legal positions— and—their interests, goals, and objectives. For if the mediator can really understand the goals and objectives, she can more effectively assist the parties in thinking outside of the box and reaching those agreements that everyone can live with. Finally, these mediators do assist with some risk assessment, just not as directly as some more evaluative mediators do. Discussing the risks if the case doesn’t settle can be accomplished with the use of effective questioning. Questions about the parties’ respective positions and information that formed the basis of their contentions can help the participants re-
alize the downsides on their own, which makes it more acceptable. Often, if mediators are too direct about potential negative aspects, people may tend to get defensive and become only more entrenched in their positions.
the evaluative approach
So why isn’t this approach how mediation is practiced? Back to our journey, with the next stop, the courthouse. Texas was the first state to enact comprehensive legislation that allowed courts to mandate mediation. Thus, as time passed and use of mediation became integrated with the settlement of lawsuits, many mediators found that the lawyers representing clients in mediation wanted to focus primarily, if not exclusively, on the legalities of the case and the potential court outcome, rather than examining the parties underlying interests. As a result, the assessment or evaluation of the legal merits of the case became part of mediation, and in some instances, the sole focus. Concern was raised about this approach at least 30 years ago. One concern
was with the loss of party participation and empowerment, and another with neutrality. Some mediators believe that evaluative mediation jeopardizes mediator neutrality because a mediator’s evaluation of the case may show favor of one side over the other. However, the evaluative approach works well in those instances where the parties do not have an ongoing relationship or the prior relationship is at an end. They no longer wish to do business together, and there is little, if any, emphasis placed on the relational aspect of the matter. The main focus is an analysis of the case and the legal issues and finding a resolution that will settle the case.
An evaluative mediator takes an active role in examining the pleadings, the motions, and the legal aspects in the case. She also tends to assess the legal dispute, often making an explicit evaluation of the merits of the case. Evaluative mediators often share their experiences in litigation— whether that be as a litigator or a former judge—and urge the parties to consider their opinions in making decisions about
settlement. And while it is possible to have some discussion and inquiry about the parties’ goals and interests, the primary, if not exclusive, discussion in evaluative mediation is usually about the lawsuit itself, and how it can be settled. Again, some parties or their attorneys may prefer this approach.
the relational approach
Our journey’s next stop is the academic scholar community that began to research the different styles mediators used in their work. It was then recognized that there are many cases that could benefit from a more relational approach to mediation. Even some cases in court may involve relationship problems rather than legal problems. This is very often the situation in divorce cases, especially those involving children, as well as probate matters involving siblings and other family members. Relationship problems can also be present in employment cases. Disputes involving relationship issues can more often be resolved if the relationship issues are addressed prior to the legal issues.
For example, in employment cases, the employee may be suing the employer based on alleged unfair treatment; however, unfair treatment, even if true and accurate, may not equate to illegal conduct. A person who feels he or she is being treated unfairly that loses in court or is told of an
imminent loss in court, such action may not resolve the issues but may escalate the feud between the parties. While an evaluative mediator may discuss the legal matters and inform the employee of the legal weakness of their lawsuit, a relational approach to mediation would focus on the parties themselves and the relationship between them, and not on the legal issues. Even if an employee has a rightful concern about how he or she has been treated, the chances of winning in court may be small. But if the employer takes the time to listen to the employee, the employee may be willing to resolve the case, once the employee feels that he or she has been heard.
Texas mediation law addresses personal issues, not just legal issues. Not only does our Texas statute clearly state that the verb “facilitate” is used to describe what the mediator does. It also defines mediation as “a forum in which the impartial person, the mediator, facilitates communication between the parties to promote reconciliation, settlement, or understanding among them.”3
There are at least three types of relational approaches to mediation. The best known is Transformative Mediation, which involves the concepts of party empowerment and recognition. The idea is that if individuals in a dispute feel empowered and recognized by others, they may be able to solve their disagreements. This approach
has been used for many years by the United States Postal Service, as well as other federal employers, to resolve cases with their employees.4
Another relational approach is Humanistic Mediation. It is hard to think of a more “touchy-feely” type of mediation than Humanistic or “from the heart” mediation. It is most often used in criminal or restorative justice cases where there’s a victim and an offender.5 This type of mediation focuses more on healing and peacemaking rather than problem solving and resolution.
A third relational approach is narrative Mediation. It is based on a concept called narrative therapy. According to this concept, people in conflict tend to see a narrative where they are the protagonist and the victim. With the help of a mediator, narrative mediation would help them realize that their own narrative is probably not very real or objective, and thus the mediator can help change the narrative to a more positive one. Narrative mediation tends to be therapeutic in that mediators may encourage the parties to resolve their relationship problems by better understanding one another.6
conclusion
In short, while some would say that there are many approaches to mediation, others would say that the word mediation represents very different concepts and procedures that are dissimilar to each other. But significantly, and as stated earlier, our Texas statute involves an all-encompassing definition of a process comprising an impartial third party (the mediator) facilitating communication between the parties to promote reconciliation, settlement, or understanding.
Today, many experienced mediators may blend these approaches, drawing on some aspects of each. This depends, of course, on the specifics of the dispute, and especially the parties’ relationship and the barriers to settlement. But, of course, much of that information becomes apparent only once the mediation has begun. It would be helpful if the lawyers representing the parties in mediation would consider what they and their clients may need in terms of assistance in
reaching a resolution. For example, has there been any relationship between the parties? And if so, how did that factor into the dispute that underlies the lawsuit? What does the client really want? What will it take to resolve the dispute, not just settle the lawsuit? Answering questions such as these can help inform the mediator. In the end, the best approach in each case depends on the many variables of the situation. To help parties resolve their disputes, it is certainly useful to be aware of each of the above approaches and to know the facts, the people, and the relationships (if any) involved in each case. It would also be helpful to know your mediator, her general approach to mediation, and her commitment to facilitating or helping others in their quest for resolution of their disagreements and disputes.
Justice Ruby Kless Sondock has consistently made legal history in Texas. In 1962, she graduated from the University of Houston College of Law (now University of Houston Law Center) as valedictorian and one of
only five women graduates. In 1973, she was appointed as the first woman state district judge in Harris County and, in 1982, was the first woman appointed to serve as a Texas Supreme Court justice. She has successfully mediated over 2,000 cases.
Judge Josefina M. Rendón has been a judge since 1983 and mediator since 1993. A former editor of The Texas Mediator, she’s also past president of the Texas Association of Mediators (TAM), Association for Conflict Resolution-Houston, and Pasadena Bar Association. She’s served on the boards of Harris County DRC, Texas Center for Judiciary, and ADR sections of the Texas Bar and Houston Bar Association. She’s been awarded the Justice Frank Evans Award (Texas Bar) and TAM’s Susanne Adams Award. She serves on The Houston Lawyer Editorial Board.
Professor Kimberlee Kovach has been a leader and visionary in the mediation and alternative dispute resolution movement for over 45 years. She was a founding officer and chair of the ABA Section of Dispute Resolu-
tion. She was also chair of the ADR sections of both the Texas State Bar and Houston Bar Association. She was the first recipient of the Justice Frank Evans Award by the Texas Bar and has been honored with the Lifetime Achievement Award from the International Academy of Mediators. She currently has a private neutral practice in Austin, Texas.
Endnotes
1. See Josefina Rendón & Judy Dougherty, “Going Postal”: A New Definition and Model for Employment ADR, THE HOUSTON LAWYER, Jan/Feb 2000. Reprinted in THE TEXAS MEDIATOR, Summer 2000.
2. About the GPC Series, GLOBAL POUND CONFERENCE SERIES 2016–17 (2015), https://www.globalpoundconference.org/about-the-series/about-gpc.
3. TEX. CIV. PRAC. & REM. CODE § 154.023.
4. See generally B. Busch & J. Folger, THE PROMISE OF MEDIATION: THE TRANSFORMATIVE APPROACH TO CONFLICT (rev. ed. 2005).
5. See generally Mark Umbreit, HANDBOOK OF VICTIMOFFENDER MEDIATION (2000); see also Mark Umbreit & Ted Lewis, What Is a Humanistic Approach to Mediation? An Overview, Mediate.com (May 15, 2015), https:// mediate.com/what-is-a-humanistic-approach-to-mediation-an-overview (last accessed July 7, 2025).
6. John Winslade & Gerald Monk, NARRATIVE MEDIATION: A NEW APPROACH TO CONFLICT RESOLUTION; see also Toran Hansen, The Narrative Approach to Mediation, Mediate.com (Sept. 1, 2003), https://mediate. com/the-narrative-approach-to-mediation/ (last accessed July 7, 2025).
By Justice r uBy Kless sOndOcK
aDr anD MeDiation in texaS: A Stroll Down Memory Lane
Looking back on the evolution of case settlement and disposition in general, and the latter years of my career in particular, nothing has made a more profound impact on the lives of parties in conflict than the emergence and now ubiquity of the mediation movement.
If you had asked me in the late ‘70s to render an opinion about it, I would have said the trial system works very well; that the whole idea of voluntary mediation was redundant and pointless. I was disposing of all my cases. As a district court judge, my opinion didn’t waiver.
I was wrong. More than 2,000 mediations later, I can say I have never been so happy to be wrong.
It all began one day in the late ‘70s when a gentleman known as Judge Frank Evans solicited my opinion of this new system of handling the docket.1 At the time, other than going through the courts, litigants in Texas had only one other avenue to settle a case: the right to dispose of their case through arbitration— a heavily regulated, possibly as costly as a trial,
and often unwieldy procedure that was seldom used.
Judge Evans was enthusiastic about this “new system,” as he called mediation. But, after listening to his “pitch,” I told him that I was not interested. It seemed to me that both trial and mediation seemed to cover the same areas. I said that my role already required me to dispose of my cases and that that was what I was obligated to do.
I took note, however, and I soon heard of his successful disposition of cases by this emerging alternative. Judge Evans began his hard sell in the late 1970s.
As this less adversarial and swift voluntary process began to find popularity, more attorneys and clients sought out experienced mediators to avoid lengthy waiting periods to set court dates. The pressure cooker of a formal trial where decisions are left to the bench and to juries gave way to the more collaborative approach of mediation. Clients and attorneys alike seemed more prone to reach resolution when they were “part of the process” and had some power over their own destinies and outcomes. Mediation was earning equal respect among judges and clients.
Finally, in 1987, the Texas Legislature took note and passed the Alternative Dispute Resolution Procedures Policy.2 This law shows the importance of peaceful dispute resolution, especially in matters of family law, such as divorce and parent-child relationship disputes. The actual policy (Tex. Civ. Prac. & Rem. Code § 154.002) states: “It is the policy of this state to encourage the peaceable resolution of disputes, with special consideration given to disputes involving the parent-child relationship, including the mediation of issues involving conservatorship, possession, and support of children, and the early settlement of pending litigation through voluntary settlement procedures.” Section 154.003 states: “It is the responsibility of all trial and appellate courts and their court administrators to carry out the policy under Sec. 154.002.” The policy provides for other resolution means concerning the welfare of children caught amidst conservatorships, legal possession, and financial support. The point was to aim for early
settlement of pending litigation through voluntary procedures instead of waiting on lengthy and costly court proceedings. Over the years, the benefits of mediation versus actual trial have been immeasurable. Agreements are often reached swiftly since decisions are not dependent on the ruling of judge or jury. Court costs are reduced considerably. Parties agree on dates, time, and location. Confidentiality is ensured, unlike with court cases, where court documents and transcripts are a matter of public record. With an experienced, impartial mediator at the helm, settlement without the oft-attended acrimony and emotion is the hopeful outcome.
Today, lawyers can make their own arrangements if they wish, with or without court approval, and matters are closed with or without the blessing of the court. Freed from the additional stress of distant court dates, mounting court costs, and lack of control over their own destinies, clients and attorneys can focus on one thing—free resolution of the conflict.
Aside from the obvious goal of settlement to end conflict where litigation is pending, “the end” may hold a different meaning from what one might expect. In a few cases, parties seek only absolution. One of my most effective mediations is one in which a parent who refused to be in the same room with his adult child that very morning, later sought conversation, then embraced that child, and parent and child wept together by that afternoon. I have led mediations where decades-long business associates have gone from acrimony to apologies and renewed partnerships. The preservation of relationships can be the resolution itself.
Justice Ruby Kless Sondock was appointed as the first woman to serve as a district judge in 1973. She was also the first woman appointed to serve as a Texas Supreme Court justice in 1982.
endnotes
1. Justice Frank Evans was the chief justice of the Texas First Court of Appeals. See https://tex-app.org/DrawOnePage. aspx?PageID=16599 (last visited July 13, 2025); https://www. txmca.org/index.php?page=74 (last visited July 13, 2025).
2. Texas Civil Practice and Remedies Code § 154.002.
law:
The HBA’s Enduring Commitment
As one of the largest bar associations in one of the most diverse cities in the country, the Houston Bar Association is uniquely positioned to serve a membership of over 10,000 attorneys and judges across different practice areas and political ideologies. The HBA is also distinctive in our service to the Houston community through our ancillary organizations – providing access to justice through Houston Volunteer Lawyers, affordable legal options through the Houston Lawyer Referral Service, and legal resolution outside the courts with the Dispute Resolution Center. We recognize our strength as a Bar in adding to the national conversation, while also thoughtfully taking into account the value of our services and making sure they continue.
The Houston Bar Association has maintained an unwavering commitment to the rule of law as one of the core tenets of our profession and our democracy. For many years, this has been explicitly included in the HBA’s Mission Statement to “serve the needs of Houston-area lawyers and enhance the legal profession through promoting: Professionalism; Access to justice; the Rule of law; Equality and inclusion in the legal profession; Legal education for the profession and the public; and Service to our community through law-related or high-impact and highinvolvement projects.”
Our commitment to the rule of law is evident in HBA programs, such as the HBA Advancing Belonging and Cultures (ABC) Committee 1L
Summer Clerkship Program and Summer Associate Luncheon, which fosters engagement with the next generation of diverse Houston attorneys. We are also planning our 76th Annual Harvest Party, in which 100% of net proceeds directly benefit Houston Volunteer Lawyers in their mission to provide pro bono services for our neighbors in need.
As attorneys, the rule of law is a fundamental duty we are called upon to uphold. When we took the Texas Attorney’s Oath, we each pledged to support the Constitution of the United States and the Constitution of the State of Texas. The oath is not merely a formality. It is a binding commitment we make to ensure access to justice for all. Lawyers play a critical role in fostering and implementing the rule of law by ensuring that our citizenry has access to the advocacy and advice of lawyers in accordance with the U.S. Constitution – by representing individuals in courtrooms, as well as advising corporations on legal matters. As licensed Texas lawyers and members of the HBA, we uphold the rule of law every time we take a pro bono matter through Houston Volunteer Lawyers or speak to the community about the legal system during Law Week. In addition to our normal programs and activities, this year we will further promote the rule of law through activities hosted by the HBA Professionalism Committee.
The HBA is steadfast in its commitment to support our members and the greater Houston legal community in upholding these principles in their practice
Houston Bar Foundation Launches Community Grants Program
By Krisina ZuÑiga
The Houston Bar Foundation, the charitable arm of the Houston Bar Association, launched its new Community Grants Program on July 1. Through the new program, the Foundation will give up to $100,000 this year to support projects that address the legal needs of residents in the greater Houston area.
The Foundation’s board is proud to launch this program. And as a member of the Houston Bar Foundation’s board since 2021 who saw this program come to life, as well as a proud Houston Bar Foundation Fellow, I am thrilled about this development.
a culmination of two Years of Strategic Planning
What started as an ambitious goal from of our strategic planning sessions has now become a reality. Under the leadership of 2023 Houston Bar Foundation Chair Monica Karuturi, the Foundation engaged in a multi-stage strategic planning process. The Foundation began this process, in part, to create an investment and spending strategy for the Foundation that is consistent with its mission.
As part of the process, the board decided the Foundation’s mission statement needed to be refined. Last year, under the leadership of 2024 Houston Bar Foundation Chair Linda Hester, the Foundation released its new mission statement: to make a positive impact on our community by (1) supporting legal representation for those in need, (2) promoting understanding of our legal system, and (3) fostering the administration of justice.
In line with that mission, and as a result of the strategic planning process, the Foundation created the Community Grants Program. The program is separate from the Foundation’s annual grant to Houston Volunteer Lawyers and is designed to broaden the Foundation’s impact on the Houston community.
e xamples of Past Grants Given by the Foundation
The Foundation has proudly provided grants to support access to justice and community education for many years.
This includes funding a part-time legal navigator at the HAY Center to assist with legal representation for those in need.
The Foundation also awarded a grant for the purchase and installation of a lactation pod in the Harris County Court Complex last year, helping foster the fair administration of justice for all citizens. As a mother of two, this initiative was especially close to my heart.
Additionally, the Foundation supported the Harris County District Courts with a grant for court staff education and funded the awards for the HBA Law Week Contests, which promote public understanding of our legal system.
eligibility requirements
To be eligible for a grant through the new Community Grants Program, the project must:
• further at least one pillar of the Foundation’s mission statement (described above and online at hba.org/foundation);
• not exceed a cost of $10,000;
• benefit people in the greater Houston area; and
• have a timeline of less than 2 years.
Additional considerations apply. Please visit hba.org/foundation to view the complete Community Grants Program Guidelines.
How to apply for a Grant
We encourage you to apply for a grant and share this information with any organization that you believe may have a project that meets the criteria. Visit hba.org/foundation to download an application. Please submit your completed application and supporting documents in a single PDF to grants@houbf.org.The deadline to apply is September 30, 2025.
Krisina Zuñiga is a partner with Susman Godfrey LLP, where she represents plaintiffs and defendants in all types of commercial litigation, including patent, trade secret, antitrust, class action, insurance, fraud, and breach of contract suits. She is also a director on the Houston Bar Foundation Board of Directors.
HBA Honors Excellence in Diversity and Law Day Contests at 2025 DEI Luncheon
The Houston Bar Association held its 27th Annual Diversity, Equity & Inclusion Summer Associate Luncheon on June 13 in downtown Houston. Produced by the HBA’s Diversity, Equity & Inclusion Committee (now the Advancing Belonging & Cultures Committee), the luncheon celebrates the 1L summer associates and employers who are participating in this year’s Summer Associate program. The 1L clerk program not only provides jobs and hands-on legal experience for law students, but also gives students interview practice and readiness, resume review, and one-on-one mentorship.
The HBA presented a law student scholarship and recognized the winners of the 2025 HBA Diversity Awards.
The luncheon also honored the Houston-area students who took first place in the 2025 HBA Law Day Contest, which are sponsored by the Houston Bar Foundation, the charitable arm of the HBA. In addition to continuing its support of the contests, the Foundation also launched a new Community Grants Program on July 1. Learn more on page 22.
The HBA Diversity, Equity and Inclusion Committee would like to thank these employers for supporting the HBA’s 2025 DEI IL Summer Clerkship Program by reviewing applications:
a ndrews Myers, P.c.*
Anuj A. Shah, P.C.
Beck Redden
Blue Williams, LLC
Bracewell LLP
c enterPoint energy, inc.*
chamberlain Hrdlicka*
Federal Public Defender Office
Foley & Lardner LLP
Harris c ounty attorney’s o ffice*
Harris c ounty District attorney’s o ffice*
Haynes and Boone, LLP
Holland & Knight LLP
Hon. Sonya Aston, 80th Civil District Court
Hon. alfred H. bennett, U.S. District c ourt*
Hon. Christina A. Bryan, U.S. Magistrate
Hon. rabeea c ollier, 113th civil District c ourt*
Hon. natalia ( nata) c ornelio, 351st criminal
District c ourt*
Hon. Jason c ox, Harris c ounty
Probate c ourt 3*
Hon. Dedra Davis, 270th civil District c ourt*
Hon. Michael Gomez, 129th Civil District Court
Hon. Angela Graves-Harrington, 246th Family District Court
Hon. Bruce Bain, 165th Civil District Court
Hon. Latosha Lewis Payne, 55th Civil District Court
Hon. Pamela Medina, Harris c ounty
Probate c ourt no 2*
Hon. Beau Miller, 190th Civil District Court
Hon. Lauren Reeder, 234th Civil District Court
Kane russell c oleman l ogan Pc *
Latham & Watkins
Mandl Law Immigration Lawyers
Patterson + Sheridan LLP
Sunnova Energy
troutman Pepper l ocke ll P * vinson & elkins ll P*
Womble Bond Dickinson (US) LLP
wong Fleming*
*Hired 1L Clerks in 2025 HBA DEI 1L Summer Clerkship Program
Hba President Daniella l anders ( l) poses with 2025 Hba Diversity award winner cisselon nichols Hurd, senior legal counsel at Shell USa , inc., next to this year’s winning l aw Day contest entry for Poster (K-2nd Grade).
Hba President Daniella l anders presents the 2025 Diversity award to attorney l aura alaniz, accepting on behalf of Spencer Fane llP.
Hba President Daniella l anders poses with this year’s l aw Day contest winners ( l) aryan Singh for essay and ( r ) Stephen castro for Photography.
Hba Dei committee luncheon co-chair Diamond Griffith presents this year’s law student scholarship to aiman Patoli.
Congratulations to the following students hired through the
Airam Alvarado, STCLH
Nkati Amare, TMSL
Destiny Ayala, UHLC
Morgan Chavers, TMSL
Mia Droubi, STCLH
Kaitlyn Ebright, UHLC
Ashley Edgar, TMSL
Jasmine Frazier, TMSL
Bushra Hamid, UHLC
T2025 HBA DEI 1L Summer Clerkship Program
Kirsten Key, TMSL
Caroline Leal, UHLC
Adrianna Long, TMSL
Jack Martinez, TMSL
Amiya Miles, TMSL
Kayla Molina, STCLH
Arunkumar Nair, TMSL
Aiman Patoli, UHLC
Kruthika Ramesh, UHLC
Kioni Rayford, STCLH
Jacob Resendiz, UHLC
Tyeece Robison, UHLC
Graciela Rodriguez-Lee, UHLC
Michele Rua Cabrera, UHLC
Johnny Rubio, UHLC
Tala Salek, STCLH
Shanelle Shojaei, STCLH
Ashlyn Sims, TMSL
Jade Smith, TMSL
Jeremy Sun, UHLC
AriAnna Swaab, STCLH
Chloe Tran, UHLC
Kennedi Vault, TMSL
Keinosha Wafo, STCLH
Jasmine Westmoreland, TMSL
he law student scholarship funds applicants in the HBA DEI 1L Clerkship program who have accepted public interest or governmental opportunities. Thank you to the Scholarship Committee for their work seeking scholarship funds and reviewing applications. The student selected was awarded with a $1,250 scholarship. Congratulations to this year’s scholarship winner!
aiman Patoli, University of Houston Law Center.
Congratulations to the winners of the 2025 HBA Diversity Awards. The HBA Diversity Awards were created by HBA President Benny Agosto, Jr. (2019-2020) to recognize outstanding achievements and dedication by law offices, legal departments, and individuals in the areas of diversity, equity, and inclusion in the legal profession.
Organization: Spencer Fane llP; Individual: cisselon nichols Hurd, Senior l egal counsel, Shell USa , inc.
Learn more about the HBA Advancing Belonging & Cultures Committee at hba.org/abc.
An Interview with HBA President Daniella Landers
Where were you born and where did you grow up?
Daniella: I was born in Lake Charles, Louisiana. Both of my parents are from small towns in Louisiana. But they moved to Houston when I was a few months olds. So, I grew up on the south side of Houston, attended public schools in HISD, and although I moved away after high school, I returned to Houston to continue my legal practice more than 25 years ago.
Tell us about your family.
Daniella: I am the oldest child of Kirby and Brenda Daniel. I have one brother Kirby Jr., who also lives here in the Houston area with his wife, Marsha McCray Daniel. Although my immediate family is small, my extended family is exceptionally large–over 15 aunts and uncles and over 50 cousins.
I am the immensely proud mother of
one son, Morgan Landers–a West Point graduate who recently finished at Cornell Law School. Morgan will be following my footsteps in Big Law and practicing in the Houston office of Vinson & Elkins this fall.
Where did you go to college and law school? What prompted you to pursue a career in law?
HBA President Daniella Landers
safety law because it encompasses my educational background in policy issues.
Daniella: I received my bachelor’s degree from Purdue University, a master’s degree from the University of Southern California (USC), and my law degree from The University of Texas Law School. I finished my last year of law school at the University of Michigan Law School as a visiting student.
My interest in a legal career began in graduate school while at USC. I had initially planned to get a PhD or Doctorate in Public Administration. However, one of my USC professors and mentors told me that a law degree coupled with my master’s in public administration would be more effective than a doctorate degree. So, I applied to law school. After law school, I chose to focus my practice on environmental, health, and
What are your areas of specialty and what firms have you worked with in your legal career?
Daniella: Over the last 29+ years of my practice, I have focused on a broad range of environmental, health, and safety issues, including litigation, transactional and regulatory matters for the energy, petrochemical, and manufacturing industries. I have worked at a number of international firms in both Michigan and Texas, including Honigman Miller Schwartz & Cohn; Locke Liddell & Sapp (now Troutman); Epstein Becker Green; Sutherland Asbill & Brennan (now Eversheds); Katten Muchin Rosenman; Reed Smith; and Womble Bond Dickinson.
Who are your mentors?
Daniella: I have been blessed with a number of mentors and sponsors over the years – too many to name. Now, as a more seasoned lawyer, I try to mentor other younger lawyers and students to pay forward the great advice I have received over the years.
Landers speaking at the 40th Annual HBA Eikenburg Fun Run at Sam Houston Park in downtown Houston on February 22, 2025.
What are some of your hobbies and interests?
Daniella: My hobbies and interests are varied. I enjoy theatre and arts of all types, especially live musical performances. I am an avid hiker and have hiked some of the highest mountains and volcanoes around the world, including Mt. Kilimanjaro in Tanzania. I also enjoy traveling, and each year plan a trip to at least one new city in the U.S. and a new country in the world. (I have now travelled to 45 of the 50 states and over 60 countries).
Are you involved with other professional or community organizations?
Daniella: I enjoy collaborating with people; so, I am a natural “joiner” of professional and community organizations that are purpose-driven. I am currently involved with the Houston Bar Foundation, Texas Bar Foundation, National Bar Association, Houston Lawyers Association, Houston Young Lawyers Association, and the State Bar of Texas African American Lawyers Section. With regards to other professional groups, I am involved with the Institute for Energy Law Executive
Committee, the Center for Women in Law Leaders Circle, the Wom en’s Energy Network, the Texas Association of Environmental Professionals, Women on Boards 50/50 Houston Committee, and Greater Houston Women Chamber of Commerce. In the community, my involvement focuses on organizations that support women, children, and underprivileged communities, including the Houston Area Youth (HAY) Center, Alpha Kappa Alpha Sorority, Inc., the Fort Bend County (TX) Chapter of the Links, Inc., the Continentals Houston Chapter, and EMERGE Houston.
What do you think is the role of the organized bar in society today?
Daniella: Organized bar associations today play a multifaceted and increasingly vital role in shaping the legal profession, supporting attorneys, and defending democratic principles. Bar associations like the HBA can serve as both a professional anchor and a platform for networking and impact for its members–including first-generation lawyers, seasoned practitioners, and career changers.
What do you see as the role of the president in the Houston Bar Association?
Daniella: As the leaders of the HBA, the president and the board are tasked with setting the tone and priorities for their term through a strategic agenda. Of course, every president decides what he or she wants the agenda to focus on, but it should be designed to make the bar association better in its service to the members and the greater community.
What areas will you focus on during your administration and why?
Daniella: This year, I decided to focus on what I believe are the three central foundational pillars of the Houston Bar Association: 1) its People or members; 2) its Service to the community; and 3) its Collaboration and Allyship with organizations and associations within the legal, political and business sectors. I have planned and extended a variety of programs and activities around these pillars, including, the creation of new sections to increase membership, two Days of Service with community partner organizations, and reinvigorating the HBA Ambassadors program and networking events with the business and legal community.
What is your message to HBA members as we begin the 2025-2026 bar year?
Daniella: This 2025-26 Bar year is not just MY bar year; it is OUR bar year. Please let me know what I can do to help make the HBA better for you and the legal community.
Landers with her son, Morgan, at his graduation from Cornell Law School in May 2025.
Daniella Landers Sworn In As 2025-2026
President of the Houston Bar Association
Houston attorney Daniella Landers took office as the 2025-2026 President of the Houston Bar Association at the HBA’s Annual Dinner on May 15. Landers succeeds David Harrell, partner at Troutman Pepper Locke LLP.
This year’s event, held at Hotel ZaZa in the Museum District, was an historic occasion for the HBA as the organization welcomed President Landers as the first African American woman to serve as HBA President in the organization’s 155-year history. President Landers’ landmark moment was celebrated with resolutions presented by U.S. Congressman Al Green, Texas State Representative Ronald E. Reynolds III, Harris County Commissioner Rodney Ellis, and Houston City Council Member Letitia Plummer.
Before passing the gavel to President Landers, outgoing President Harrell presented the HBA President’s Awards to committee and section chairs, ancillary leadership, as well as community partners, to recognize their outstanding success in the past year.
President Harrell also presented the Justice Ruby Kless Sondock Award, recognizing outstanding achievement and leadership for women in the law, to Chief Justice Kem Thompson Frost, former chief justice of the 14th Court of Appeals.
Shauna Johnson Clark
He announced Kevin Dubose, partner at Alexander Dubose & Jefferson LLP, as this year’s recipient of the HBA Justice Eugene A. Cook Professionalism Award, the association’s highest award for professionalism.
HBA President Harrell presented a Special Recognition Award for Exemplary Service and Long-Term Dedication to the HBA and HBF to HBA Past President (2008-2009) and HBF Past Chair (2017) Travis J. Sales, a partner at O’Melveny who has dedicated decades of service to the HBA and the HBF, making a lasting impact through leadership, vision, and unwavering commitment to pro bono and public service.
Photography by Deborah Wallace, Barfield Photography
HBA Immediate Past President David Harrell ceremonially passes the gavel to HBA President Daniella Landers.
HBA President Landers presents the plaque of service to Immediate Past President Harrell.
HBA President Landers poses with her family: (L to R): (L to R) Donald Ray Burns, Kirby Daniel, Brenda Daniel, Marsha Daniel, Daniella Landers, and Morgan Landers.
Harris County Commissioner Rodney Ellis of Precinct One presents his resolution to President Landers.
Rosalind Gary presents a resolution to President Landers on behalf of Texas State Representative Ronald E. Reynolds III.
Houston City Council Member Letitia Plummer presents a proclamation on behalf of the City of Houston congratulating President Landers on her historic presidency.
**
Award Winners
Thank you to our 2025 Annual Dinner Sponsors!
eMeralD
BakerHostetler LLP
Center for Women in Law
O’Melveny
Thomas J. Henry Law
Troutman Pepper Locke LLP
rUbY
AZA Law
Gibson, Dunn & Crutcher LLP
Harris County Attorney’s Office
Harris County Robert W. Hainsworth Law Library
HBA Litigation Section
Vinson & Elkins LLP
Womble Bond Dickinson (US) LLP
SaPPHire
Nikki & Benny Agosto, Jr./ Abraham Watkins Law Firm
Judge Melodee Armstrong/ Williams Rhodes, PC
Baker Botts L.L.P.
Beck Redden LLP
Blank Rome LLP
Bracewell LLP
Bradley Arant Boult
Cummings LLP
Kirby Daniel Hagans
Hunton Andrews Kurth LLP
Institute for Energy Law
Jackson Walker LLP
50-Year Lawyers
Naimeh Salem & Associates, PLLC
National Bar Association/ Pittman Law Firm
Painter Law Firm PLLC
Shipley Snell Montgomery LLP
Steptoe LLP
Wright Close & Barger, LLP
The HBA recognizes all members who reached their 50th year of practice.
Hon. William Arnot, III
Scott J. Atlas
John Brewster, Jr.
Hon. Hannah Chow
Thomas Cleveland
Paul Dawson
David S. Elder
Edward Engel
Constance Fain
James Ferguson
Frank Garcia
Gary Glesby
James Gosdin
Rusty Hardin, Jr.
Jack Hardin
Carolyn Hazel
Michael Hirsch
Mark Hodges
Stuart Hollimon
Albert Holly
James Hovendick
Dunham Jewett
Sultana Kaldis
Mary Kelly
Jon Elliot King
David Kocain
Joseph Komfeld
Jim Leitner
David Livingston
Jeffrey Londa
Nicholas J. Lykos
James Edward Maloney
Marilyn C. Maloney
Stephen Massad
Richard Merrill
Hon. Margaret Mirabal
Gary Murphree
Arthur M. Nathan
Hon. Alice Oliver-Parrott
Robert Pelton
Robert M. Petersen
Barbara Quackenbush
Joe W. Redden, Jr.
Dennis Reich
John F. Rhem
William J. Rice, Jr.
Donald Roseman
Scott E. Rozzell
Lionel Schooler
C. Boone Schwartzel
Gerald Serena
Joseph Sleeth, Jr.
Kent R. Stephenson
James L. Ware
Harold Watson
L. Darnell Weeden
Donald Wilkinson
R. Daniel Witschey, Jr.
Jack B. Zimmerman
Chief Justice Kem Thompson Frost, former chief justice of the 14th Court of Appeals, was the recipient of the Justice Ruby Kless Sondock Award.
Judge Cheryl Elliott Thornton (Chair of the Houston Lawyer Referral Service) and HLRS Executive Director Karen Ramsey.
Houston Volunteer Lawyers Executive Director Jessica Howton Stool and Harrell.
Travis J. Sales, partner at O’Melveny, received the Special Recognition Award for Exemplary Service and Long-Term Dedication to the HBA and HBF.
Harrell with HBA Litigation Chair Sammy Ford IV.
HBA Historical Committee Co-Chairs Ryan Cunningham and Charles L. Sharman.
Harrell poses with HBA Campaign to End Homelessness & Hunger Committee Co-Chair Deanna Willson.
Harris County Robert W. Hainsworth Law Library Director Andre Davison poses with Harrell.
Award winners not pictured: Hon. Frances Bourliot, Hon. Julie Countiss, Kevin Dubose, and Darren Skyles.
President’s Awards
Each year, the Houston Bar Association president has the pleasure of recognizing outstanding contributions by HBA members. The HBA has more than 30 committees with hundreds of HBA members volunteering their time to further community engagement, plan special projects and events, provide continuing legal education, and more. We recognize a lot of outstanding work goes on throughout the year. David Harrell presented the 2024-2025 President’s Awards to:
caMPaiGn to enD
HoMeleSSneSS
anD HUnGer (ceHH) coMMittee
anD HoUSton volUnteer lawYerS (Hvl)
Darren Skyles
Deanna Willson
Jessica Howtown Stool
coUntY law librarY coMMittee
anD tHe HarriS coUntY robert w. HainSwortH law librarY
Hon. Frances Bourliot
Hon. Julie Countiss
Andre Davison
HiStorical coMMittee
Ryan Cunningham
Charles L. Sharman
HoUSton lawYer reFerral Service (HlrS)
Hon. Cheryl Elliott Thornton
Karen Ramsey
litiGation Section
Sammy Ford IV
exeMPlarY Service anD lonG-terM DeDication to tHe Hba anD HbF
Travis J. Sales
Equal Access Champions
The firms and corporations listed below have agreed to assume a leadership role in providing equal access to justice for all Harris County citizens. Each has made a commitment to provide representation in a certain number of cases through the Houston Volunteers Lawyers.
U.S. Army, 82nd Airborne Division and Recruiter, 2003-2009
U.S. Army Reserve, 2009-2012
HBA Member Since 2014
By maggie martin
Many of the HBA’s more than 10,000 members served in the military before joining the legal profession. This year, The Houston Lawyer is featuring a few of these veterans to highlight their experience. We thank all veterans for their dedication and service.
When the Iraq War began in March 2003, Eric D’Olive says his decision to join the military was clear. “I have always been a patriotic person, and when it became clear that the U.S. was going to war in Iraq, it was my turn to serve like generations before me.”
D’Olive enlisted in the U.S. Army in 2003, serving as an infantryman in the 82nd Airborne Division. He was deployed to Iraq in late 2004, where the country was preparing for its first round of post-Sadaam Hussein elections. His division’s role was to re-establish order following the killings of election workers and mounting attacks against coalition and Iraqi troops. “Our part of Baghdad was notoriously violent when we arrived, but we successfully established order, and Dan Rather reported on the election from our patrol base,” says D’Olive.
his work in the Army Reserve. D’Olive’s Army experience was a beneficial foundation in pursuit of his law degree. “Being a paratrooper before being a law student set a very high bar for what counted as a hard week’s work. That helped me stay positive in the hard times as a student and still does in the practice of law.”
When asked what he wants readers to know about hiring and working alongside veterans, D’Olive says military experience often doesn’t translate well into a young lawyer’s legal resume, especially for combat arms jobs like infantry. “The real experience the resume conveys are the long days and nights, willingness to face adversity, attention to detail, and so much more, regardless of what it actually says. Reading the resume too literally may cause a hiring partner to pass over a quality applicant by underestimating military and combat experience.”
D’Olive is a co-chair of this year’s HBA Military and Veterans Committee, which is partnering with Houston Volunteer Lawyers to host a veterans legal clinic as part of the HBA’s Days of Service on Saturday, September 27. Learn more about how you can volunteer for the clinic and other Days of Service events by visiting hba.org/dos
The latter half of D’Olive’s service took him to Nebraska as a recruiter before joining the Army Reserve in a training support battalion based at Houston’s Ellington Airport. Only a month after the end of his enlistment, D’Olive began his studies at South Texas College of Law Houston while continuing
Maggie Martin is the managing editor of The Houston Lawyer and marketing and communications director for the HBA. Her late grandfather, the Honorable Dominick J. Viscardi, served in the U.S. Army Signal Corps legal staff from 1948 to 1950.
By tara m. taheri
WCounsel by Day, Choreographer by Night
ith a law degree in one hand and years of dance training in the other, Dana Lizik has taken on a new role as choreographer for Night Court: Lawyers Entertaining for Charity. Dana grew up surrounded by rhythm and movement. At a young age, her parents enrolled her in dance lessons, and it was something she immediately enjoyed. Her first performance was a tap dance in a little duck costume, and she was so overjoyed to be onstage that even after the dance ended, she continued to blow kisses to the audience until a dance teacher gently carried her off the stage as if it was part of the show.
Growing up, Dana studied at the Royal Academy of Fine Arts (“RAFA”). There, she attended tap, ballet, jazz, and musical theatre classes. She earned the opportunity to dance as a company member with the nonprofit Bay Area Houston Ballet & Theatre (“BAHBT”) located in Clear Lake, where she performed in dozens of productions, from classical ballets like The Nutcracker to full scale production musicals like Hairspray
As the years passed, her path evolved. Dana graduated early from the University of Houston Clear Lake and auditioned for the Disney College Program. She was accepted as a performer and spent a semester working at Walt Disney World. When she returned from the Disney College Program, she decided to attend law school at the University of Houston Law Center part-time and work at RAFA as the administrative director.
Today, she balances both worlds—she argues cases by day and crafts dances by night. Her legal work sharpens her analytical mind, while dance remains her creative outlet. Many
of the skills she learned growing up in the dance world, such as discipline and attention to detail, continue to serve her in her legal career. When Dana is not performing, she works as a partner at the Johnson Law Group, who is also a sponsor of this year’s Night Court show. Dana practices multi-district litigation and handles product liability claims.
Dana is thrilled to help bring Night Court to the stage and share it with audiences. She says she is excited to “work with the cast, have a good time, and support the mission.” While she’s “thrilled and honored” to fill this role, she says that she has some pretty big shoes to fill because Night Court ’s previous choreographer, Marty Lundstrom, is an “absolute icon.” Dana adds, “this year’s show [Law’s Anatomy] is a riot and I am excited for the audience to see it. I have been telling everyone that if you have ever interacted with a doctor or a lawyer, you will enjoy this show.”
Night Court Law’s Anatomy was held at the Hobby Center in August. Lawyers who attended received 2.5 hours of CLE ethics credit. Visit nightcourt.org to learn more.
Proceeds from this year’s performance benefit Houston Volunteer Lawyers (HVL), Aid to Victims of Domestic Abuse (AVDA), Child Advocates, The Children’s Assessment Center, Foster Care Advocacy Center, Lone Star Legal Aid, and South Texas College of Law Houston Legal Clinics.
Tara M. Taheri works at American Specialty Health, where she focuses on compliance and data privacy. She’s an executive producer, media relations manager, and cast member of Night Court and is also a member of The Garland R. Walker American Inn of Court.
Dana l izik on stage in a past performance of Night Court.
A Profile
in p R o F ession A lism
When I began my legal career in 1974 at Fulbright & Jaworksi (now known as Norton Rose Fulbright), professionalism at most big Texas firms meant you wore suits to work, got to work on time, stayed late, and were competent at what you did. I began my own firm of Wickliff & Hall in 1990 and those ideals of a “professional lawyer” stayed with me.
Although the outward appearance of professionalism has changed over the years, the view from a client’s perspective has not changed. One attribute of professionalism that is nonnegotiable with clients is integrity and ethics. Lawyers, in particular, should amply demonstrate that behavior unequivocally in their practices and business. Also, a lawyer’s word should be as solid as a rock, without memorializing everything.
Another must-have characteristic of professionalism is competence and skills; and this points to preparation in our work and interaction with one another. If a lawyer is prepared, whether in court or a business meeting, clients will take notice; and a client’s testimonial with other persons will be your best marketing tool without asking or spending thousands of marketing dollars.
Other characteristics of professionalism include respect and communication (how we talk to one another); accountability and responsibility (own up to your mistakes, including your subordinates). Letting a client know immediately of your mistake is crucial.
Finally, professionalism is seen in how we interact with one another, especially in the presence of clients and in court; there should be no excuse for name-calling, using profanity and showing bad body language; all this gets in the way of our main objective: represent your clients as professionally and competently as possible, so that you earn the fee clients will pay for a job well done.
I have tried my best to live by these principles of professionalism
a. martin WicKliff, Jr. Member, Cozen O’Connor
Hba caMPaiGn to enD HoMeleSSneSS anD HUnGer coMMittee:
Hosting a Pro Bono Clinic with Beacon Law
By Deanna Willson
The Houston Bar Association’s Campaign to End Homelessness and Hunger (“CEHH”) Committee has a long history of assisting those struggling with food and housing scarcity through volunteering at the Houston Food Bank, food drives, and providing holiday bags for unhoused veterans. While these programs indisputably help Houstonians, members of the HBA have a unique skillset to provide necessary legal services, particularly to Houston residents unable to otherwise access legal assistance. Indeed, it was one of HBA Immediate Past President David Harrell’s goals that this committee collaborate with Houston Volunteer Lawyers (HVL) to improve Houstonians’ access to justice, as well as legal services and guidance.
CEHH took important steps toward fulfilling this mission with a new pro bono initiative, combining services provided by Beacon Law with additional assistance from the HVL and pro bono attorney volunteers. Beacon Law is a program of The Beacon, a central hub of services for individuals experiencing homelessness. Established in 2007, its mission is to provide essential and next-step services to restore hope and help end homelessness in Houston. Last year, The Beacon served more than 6,000 individuals with civil legal aid, counseling and mentoring, and access to housing. Beacon Law resolved more than 1,600 cases. Stephanie Marrone, managing attorney and pro bono coordinator of Beacon Law, was kind enough to talk about the organization and the legal work required to enable their clients to access housing, employment, and income.
A major legal impediment to stabilization for homeless Houstonians is a driver’s license, as it is a threshold requirement for employment (whether as part of the job itself or for reliable transportation), housing, and access to state and federal benefits. To obtain or restore a driver’s license, many homeless individuals need assistance in resolving outstanding tickets, fines, or warrants (Class C misdemeanors), or obtaining name change documentation or replacements of immigration docu-
mentation. Fortunately, there are programs in Houston that assist those experiencing homelessness in resolving these Class C misdemeanors through non-monetary alternatives, but this system is complex and requires legal guidance. Some criminal records can be expunged or sealed and doing so removes additional barriers to gainful employment, secure housing, and assistance programs. In 2024, 85% of cases closed by Beacon Law were related to criminal record clearing and driver’s license restoration—both pivotal to enabling individuals to find stable employment and housing. Beacon Law is one of the only organizations providing these legal services, and this is an area where HBA attorneys can assist by working with HVL and CEHH.
CEHH worked with Beacon Law to set up a program that—we hope—will be a blueprint to allow attorneys to provide these pro bono legal services in the future. Beacon Law generously provided a training program to Troutman Pepper Locke LLP and HVL on the numerous impediments to obtaining or restoring a driver’s license, as well as how to identify and, hopefully, resolve any applicable impediments. The following week, volunteer attorneys and summer associates attended a clinic at The Beacon, where they met with pre-registered clients, pulled their criminal and driving records, analyzed their existing legal needs, and began gathering the information needed to assist these individuals. Post-clinic, Troutman Pepper Locke plans to take on the clients with legal issues ripe for resolution.
CEHH looks forward to hosting another clinic as part of the HBA Days of Service on Friday, September 26. Visit hba.org/CEHH to learn how you can volunteer and make a difference.
Deanna Willson is a business litigation partner in the Houston office of Troutman Pepper Locke LLP. She was the 2024-2025 co-chair of the HBA’s Campaign to End Homelessness and Hunger (CEHH) Committee, along with Darren Skyles, and was previously the chair of the HBA’s Habitat for Humanity Committee.
By SAMMy FORD IV
TlitiG ation Section: A Year in Review
he 2024-2025 Bar year for the Litigation Section was filled with numerous new activities and initiatives. Our members look to the Litigation Section as a place to both stay up to date on the law and to meet other practitioners and members of the judiciary. We accomplished both this year.
Among our in-person presentations was a panel with members of the appellate and trial bench and appellate and trial bar explaining the state of non-economic damages in personal injury cases after a series of recent opinions from the Texas Supreme Court and the courts of appeal. We also explored, in other presentations, how to effectively communicate with your in-house client and how to avoid ethical landmines in mediation. These presentations were recorded and are available for free to section members at hba.org/watchcle
We also recognized the importance of meeting our members where they are, and that means expanding our virtual offerings. After the events of the past few years, many lawyers became accustomed to remote meetings and presentations. We therefore began a series of virtual presentations focused on specifical practical skills and knowledge. In addition to making these presentations free for section members, and very low cost for HBA members generally, we tried to spotlight newer lawyers as presenters. We explored, among other topics, how to prepare a witness for a deposition and an overview of fiduciary litigation.
Recognizing the importance of social interaction, not only with fellow section members, but also with the bench, we began a series of small, first-come, first-served receptions for approximately 25 section members and judges. We kicked this program off in the fall with a meeting with our two new Business Court judges, Judge Grant Dorfman and Judge Sofia Adrogué. At our second reception, hosted in the spring, section members visited with Judge Beau Miller, Judge Lauren Reeder, Judge Lee Kathryn Shuchart, and Judge Nicole V. Perdue. At both receptions, section members got an inside look at the workings of the various courts, an opportunity to offer the bench a view from the bar, and a glimpse of things to come.
Which leads to the section’s participation in the attempt to create new civil district courts in Harris County. The last civil district courts were created decades ago. Since
that court’s creation, the population of Harris County has grown tremendously. As a result, our courts now have the largest dockets in the state, despite being among the most efficient. The section wrote letters of support to each of the Harris County Commissioners and testified on behalf of the creation of the courts at a Harris County Commissioners Court meeting. At the conclusion of that meeting, Commissioners Court approved the creation of five new civil district courts. The creation of the courts is now up to the Texas Legislature (which approved their creation during the regular session).
Sammy Ford IV is a partner at AZA who represents companies and individuals around the country in all manner of civil matters, including complex commercial litigation, business torts, securities class actions, and catastrophic personal injury cases. He is board certified in personal injury trial law and past chair of the State Bar’s Computer and Technology Section Council, a member of the Pattern Jury Charge Committee, and Immediate Past Chair of the Houston Bar Association’s Litigation Section.
Texas Supreme Court Narrows ‘Separate Litigation’ for Vexatious Litigants
By KAITLyN TUCKER
Last summer, the Texas Supreme Court addressed the practical application of the State’s vexatious litigant procedures in Serafine v. Crump. 1 In so doing, the state’s highest court clarified and narrowed a critical component of determining whether someone qualifies as a vexatious litigant—what qualifies as a separate litigation for purposes of the vexatious litigant statutes. Ultimately, the Texas Supreme Court ruled that appeals and petitions for review taken from trial court cases are not separate litigation and do not count in determining whether a pro se plaintiff is vexatious.
Chapter 11 of the Texas Civil Practice and Remedies Code establishes procedures for addressing pro se plaintiffs who file numerous civil lawsuits that have no legal merit and/or are solely intended to harass. The intended purpose of this legislation is to reduce the burden on courts from unwarranted litigation. Under its provisions, a defendant can move the court to declare a pro se plaintiff as a “vexatious litigant” and succeed by showing that the pro se plaintiff has:
• No reasonable probability of prevailing in the new litigation; and
• In the 7 years prior to the filing of the motion, filed at least five pro se litigations other than small claims court cases that have been:
• Finally determined against the
plaintiff;
• Permitted to remain pending at least two years without having been brought to hearing or trial; or
• Determined by a trial or appellate court to be frivolous or groundless under state or federal laws.2
In Serafine, pro se plaintiff Mary Louise Serafine was adjudicated as a vexatious litigant in the trial court and filed an interlocutory appeal challenging the determination. The court of appeals confirmed the trial court’s ruling that Serafine is a vexatious litigant as defined by statute. In so doing, the court of appeals relied on the following six of Serafine’s prior legal actions as the qualifying proof she was a vexatious litigant:
• A partially unsuccessful appeal to the Texas Court of Appeals from a final judgment;
• An unsuccessful petition for review and motion for rehearing of that same Texas Court of Appeals decision;
• An unsuccessful petition for writ of mandamus regarding earlier trial court rulings in the same underlying dispute;
• A civil action filed in federal district court dismissed for lack of subject matter jurisdiction;
• An unsuccessful appeal of that dismissal to the Fifth Circuit; and
• An unsuccessful petition for writ of mandamus in the Fifth Circuit.
Serafine’s Texas Supreme Court appeal of the vexatious litigant determination focused on what qualifies as a separate, prior “litigation” under Chapter 11 of the Texas Civil Practice and Remedies Code. The Texas Supreme Court ruled that items 2 and 5—an unsuccessful petition for review stemming from the underlying action and appeal
addressed in item 1 and an unsuccessful appeal of the dismissal addressed in item 4—were not separate “litigations” from items 1 or 4 and, therefore, could not be used to adjudicate Serafine as a vexatious litigant. The Texas Supreme Court did not address the mandamus petitions, having reached an answer prior to the need.
In reaching its ruling, the Texas Supreme Court focused on whether the subsequent proceedings “commence” a new civil action or simply “maintain” the original one and explained that an appeal from an underlying lawsuit is part of the same action, though taken in a different court. This is consistent with how a “long and unbroken line” of Texas Courts have treated an appeal as “simply the ‘continuation of the action in suit brought in the trial court.’”3 The Texas Supreme Court further noted that nothing in Chapter 11 indicated a legislative intent to depart from this treatment of appeals when addressing potentially vexatious litigants.
The Texas Supreme Court granted review, reversed the Court of Appeals, rendered judgment denying the motions to declare Serafine a vexatious litigant, and remanded the case to trial court for further proceedings. In so doing, the court ended disagreement and inconsistency in Texas Courts of Appeals on the issue of how “litigations” are counted in the context of vexatious litigant determinations.
Kaitlyn Tucker is a litigation attorney at Horne Rota Moos, LLP. Despite her prelaw work as a journalist, Ms. Tucker’s legal practice focuses on representing healthcare providers and healthcare facilities.
endnotes
1. Serafine v. Crump, 691. S.W.3d 917, 922 (Tex. 2024).
2. TEX. CIV. PRAC. & REM. CODE § 11.054(1).
3. Serafine, 691. S.W.3d at 922 (quoting United N. & S. Oil Co. v. Meredith, 258 S.W. 550, 554 (Tex. Civ. App.— Austin 1923).
The Balancing Act:
It’s Not Just For Moms
A Review of Law Moms: Juggling Motherhood, Ambition & Personal Fulfillment
By Susan Arenella, Laura Ramos James,
Sarah Soucie Eyberg, Kate LincolnGoldfinch, Abigail Seymour, Amy Mitchell Pooley, Caitlin Haney Johnston, Nadia Bettac
Published by Sulit Press
Reviewed by ANNA
ARCHER
Lawyers who are also mothers (“Law Moms”) deal with balancing the demands placed on us by clients, colleagues, and family on a daily, hourly, and sometimes minute-byminute basis. But Law Moms are not the only lawyers who have to engage in this balancing act. All lawyers have personal lives that cannot always take a back seat to their professional lives. Law Moms: Juggling Motherhood, Ambition & Personal Fulfillment (Law Moms), which is comprised of eight short autobiographical stories written by Law Moms in central Texas, will resonate with any lawyer who at times struggles with the balance. Thus, it should resonate with all of us.
Another author who was dealing with the loss of her father along with normal Law Mom stressors was eventually able to set practical boundaries and take off her “law hat” to spend quality time with her family. Whatever one’s struggle, reading about these very successful women who also had to find ways to cope is encouraging.
The HBA’s Gender Fairness Committee selected Law Moms as its fall book club selection, and several non-mothers who read it for the book club found Law Moms inspiring. Jillian Marullo, special counsel at Pillsbury Law, said:
I am not a mother, but I am a lawyer who has faced personal challenges while dealing with the pressures and expectations that come with this demanding profession. With their willingness to be vulnerable and delve into the raw, intimate details of their personal and professional struggles, Law Moms shows us that we are not alone in dealing with these hidden struggles.
In our profession, we are seen as the problem solvers, expected to have our lives—and those of our clients—in perfect order. Law Moms reminds us that it’s okay not to be okay, and that vulnerability and imperfection are part of being human, even in the highstakes world of law.
edge about practicing law as a mom, I walk away from this book with better empathy. I also have a jumping off point for deeper conversations with my colleagues about how we can make the legal profession more facilitating and inclusive. I absolutely recommend this book.
And, of course, Law Moms themselves will find the book helpful. If you’ve ever felt “like a failure as a professional, a wife, and a mom,” remember that “lawyering and momming are both demanding jobs,” and “[you] can’t do either effectively if [you’re] running on empty.” Take a few minutes to read one of the stories another Law Mom wrote. It may fill your tank, at least a little, and help you to know that you are part of a community of colleagues—other Law Moms like these authors and allies like Charles and Jillian who take the time to learn and care.
Anna Archer is a career law clerk who is also a member of The Houston Lawyer Editorial Board and host of the Behind the Lines: The Houston Lawyer Podcast
Law Moms is a great choice for lawyers who have difficulty finding time to read for pleasure or personal growth because each story is easily digestible in a short amount of time. The authors candidly share their personal stories about trying to find balance. One of the authors previously used alcohol to “numb and escape” and now, three years sober, finds the “weight of everything more manageable.”
Charles Shaw, assistant Harris County attorney, also found the book helpful, noting that “[a]s a male attorney,... it [is] hard to fully understand what demands, barriers, stressors, and concerns [his] ‘Law Mom’ colleagues are facing.” However, each of the authors in Law Moms “bears her soul,” allowing for an “understanding no research could ever” provide. Charles specifically recommends the book to non-Law Moms:
While I still have gaps in my knowl-
Power Up Your Practice: Create the Law Firm and the Life You Deserve
By Ruby L. Powers
Published by Powers Strategy Group LLC
Reviewed by JENNIFER SMITH
Power Up Your Practice: Create the Law Firm and the Life You Deserve is a helpful and easyto-read guideline for starting or
revamping your own law firm. Author Ruby L. Powers is a board-certified immigration attorney and law practice management consultant with a popular law firm management podcast. She teaches law practice management as an adjunct professor of law at South Texas College of Law Houston and is also on the board for the American Bar Association’s Techshow 2025.
Powers covers topics from deciding your goals for your life and your business through time management and forward planning, to banking, insurance, and office space, as well as building your practice strategically, and when to incorporate new technologies.
Because it features an all-inclusive approach, Power Up would likely be of interest and use to people starting almost any business—but lawyers will especially benefit, with advice on topics including:
• Client intake
• Client-centered practice
• Marketing and business development
• Fee structures
• Hiring and dismissal
• Life cycle of case management
• The role of technology and automation
Power Up begins with deciding what you want to achieve. “Clearly defining and regularly updating both personal and professional goals is crucial for achieving success.”
The first section of Power Up includes an approachable review of modern management strategies and themes—everything from the Eisenhower Matrix to identifying self-limiting beliefs and when and how to delegate. More important than the strategies themselves is the
advice on identifying your beliefs, operating principles, and mindsets that guide your life and business.
One of the most important chapters is about effective time management. Powers defines a method to audit how you spend your time and assigning a dollar value to each task. That valuable data will help you decide what to do yourself and what tasks to delegate. There are practical strategies for monitoring your energy and scheduling deep-concentration tasks when you can be most productive. These include:
• Implementing themed days.
• Batching similar tasks to increase focus.
• Maintaining a balance between work and personal life.
Powers argues that prioritizing mental health can enhance professional performance. Actionable self-care strategies include keeping a journal, regular exercise and other healthy habits, breathing exercises to relieve stress, and getting enough sleep. According to Powers, maintaining a support network is also an important method of improving mental health.
The second section of Power Up, “Making it Happen,” describes the process of building or revamping your firm, including naming your firm, creating a budget, and marketing your firm, Resources included in this section are phone scripts, sample closing letters, and checklists for various processes.
A detailed chapter addresses building a client-centered practice, including customer service, keeping boundaries with your clients, and managing client expectations. There is a discussion of difficult conversations and ending the client relationship. Another chapter addresses the role of technology and automation,
including how to decide what the firm needs in the short and long term. The chapter “Mastering Your Finances” examines budgeting, tracking expenses, cash flow, and collections. It also considers building a rainy day fund for financial security.
The third and final section is called “Preparing for the Future and Beyond.” It addresses continuing personal and professional growth for you—and for the firm.
Even after your law firm becomes a success, you still need to continue to grow. That can take the routes of professional development in your current milieu; continuously revisiting and reassessing personal and professional goals; joining programs, committees and boards; and developing a side hustle.
For the law firm, good management includes planning exit strategies for yourself and a responsible succession plan. Exit strategies may include developing a partnership track and appropriate partnership agreement (an entire chapter discusses planning the partnership track). Other strategies include selling the firm, closing it completely, and merging with another firm.
Power Up is a guide to optimizing your practice for greater success. It contains real-world examples and practical tips for your business.
Jennifer Smith is director of communication and associate corporate counsel for PPI Quality & Engineering, LLC. She is a member of The Houston Lawyer Editorial Board.
Join the Hba 100 club!
The Houston Bar Association 100 Club is a special category of membership that indicates a commitment to the advancement of the legal profession and the betterment of the community. The following law firms, government agencies, law schools and corporate legal departments with five or more attorneys have become members of the 100 Club by enrolling 100 percent of their attorneys as members of the HBA.
Firms of 5-24 attorneys
Abraham, Watkins, Nichols, Agosto, Aziz & Stogner
Adair Myers Stevenson Yagi PLLC
Ajamie LLP
Alvarez Stauffer Bremer PLLC
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Buck Keenan LLP
Christian Levine Law Group, LLC
Coats | Rose
Crady, Jewett, McCulley & Houren, LLP
De Lange Hudspeth McConnell & Tibbets LLP
Dentons US LLP
Dobrowski Stafford LLP
Doyle Restrepo Harvin & Robbins LLP
Ewing & Jones, PLLC
Fisher & Phillips LLP
Fizer Beck Webster Bentley & Scroggins
Fogler, Brar, O’Neil & Gray LLP
Frank, Elmore, Lievens, Slaughter & Turet, L.L.P.
Funderburk Funderburk Courtois, LLP
Germer PLLC
Gordon Rees Scully & Mansukhani, LLP
Hagans
Henke, Williams & Boll, LLP
Hirsch & Westheimer, P.C.
Holm | Bambace LLP
Horne Rota Moos LLP
Hughes, Watters & Askanase, L.L.P.
Hunt Law Firm, P.L.L.C.
Husch Blackwell LLP
Jackson Lewis P.C.
Jenkins & Kamin, LLP
Johnson DeLuca Kurisky & Gould, P.C.
Jordan, Lynch & Cancienne
Kean Miller
Kilpatrick Townsend & Stockton LLP
Law Feehan Adams LLP
Linebarger Goggan Blair & Sampson, LLP
Liskow
McGinnis Lochridge
McGuireWoods LLP
McKool Smith
MehaffyWeber PC
Morris Lendais Hollrah & Snowden
Murrah & Killough, PLLC
Nathan Sommers Gibson Dillon PC
Ogletree Deakins Nash Smoak & Stewart, P.C.
Paranjpe Mahadass Ruemke LLP
Peckar & Abramson, P.C.
Phelps Dunbar LLP
Pillsbury Winthrop Shaw Pittman LLP
Ramey, Chandler, Quinn & Zito, P.C.
Rapp & Krock PC
Reynolds Frizzell LLP
Roach & Newton, L.L.P.
Ross Banks May Cron & Cavin PC
Royston, Rayzor, Vickery & Williams, L.L.P.
Rusty Hardin & Associates, LL
Schirrmeister Diaz-Arrastia Brem LLP
Schwartz, Page & Harding, L.L.P.
Scott, Clawater & Houston, L.L.P.
Shannon Martin Finkelstein Alvarado & Dunne, P.C.
Shearman & Sterling
Shellist | Lazarz | Slobin LLP
Shipley Snell Montgomery LLP
Smith Murdaugh Little & Bonham LLP
Sorrels Law
Spencer Fane
Sponsel Miller Greenberg PLLC
Stuart PC
Taunton Snyder & Parish
Thompson & Horton LLP
Tindall England PC
Tracey & Fox Law Firm
Ware, Jackson, Lee, O’Neill, Smith & Barrow, LLP
West Mermis
Weycer, Kaplan, Pulaski & Zuber, PC
Williams Hart & Boundas, LLP
Wright Abshire, Attorneys, PC
Wright Close & Barger, LLP
Ytterberg Deery Knull LLP
Zukowski, Bresenhan & Piazza L.L.P
Firms of 25-49 attorneys
Adams and Reese LLP
Andrews Myers, P.C.
Beck Redden LLP
BoyarMiller
Bradley Arant Boult Cummings LLP
Bush & Ramirez, PLLC
Cokinos | Young
Gibbs & Bruns LLP
Hogan Lovells US LLP
Kane Russell Coleman & Logan PC
Littler Mendelson P.C.
Martin, Disiere, Jefferson & Wisdom LLP
McDowell & Hetherington LLP
Wilson Cribbs & Goren PC
Yetter Coleman LLP
Firms of 50-99 attorneys
AZA Law
BakerHostetler LLP
Brown Sims, P.C.
Chamberlain Hrdlicka
Greenberg Traurig, LLP
Haynes and Boone, LLP
Jackson Walker LLP
Morgan, Lewis & Bockius LLP
Susman Godfrey L.L.P.
Winstead PC
Firms of 100+ attorneys
Baker Botts L.L.P.
Bracewell LLP
Hunton Andrews Kurth LLP
Norton Rose Fulbright
Porter Hedges LLP
Troutman Pepper Locke LLP
Vinson & Elkins LLP
corporate legal Departments
CenterPoint Energy, Inc.
EOG Resources, Inc.
MAXXAM, Inc.
Plains All American Pipeline, L.P.
Quantlab Financial, LLC
Rice University
S & B Engineers and Constructors, Ltd.
law School Faculty
South Texas College of Law Houston
Thurgood Marshall School of Law
University of Houston Law Center
Government agencies
Harris County Attorney’s Office
Harris County Domestic Relations Office
Lone Star Legal Aid
Metropolitan Transit Authority of Harris County, Texas
Port of Houston Authority of Harris County, Texas
1st Court of Appeals
14th Court of Appeals
Office Space
EXCluSIvE SuITE,
gAllERIA InnER lOOP
Private attorney-only office space conveniently located inside Houston’s 610 Loop at San Felipe. Staffed with a receptionist/ office manager, with access to amenities, including high-speed internet, telephones, kitchen, two conference rooms, and covered parking. Several offices are available with window views. Call Jerry at 713-237-0222.
BEAuTIFul OFFICE SPACE FOR ATTORnEyS –HISTORIC HEIgHTS BuIlDIng
Located in the heart of Houston Heights at 104 W. 12th Street, this restored 1916 building offers a distinctive office suite — a perfect fit for attorneys seeking a professional space with style and character. High ceilings, large windows, abundant natural light, and curated furnishings create a
work. The space blends original architectural details with a modern industrial vibe that stands apart from traditional office settings. A beautiful, peaceful waiting area welcomes clients, with a kitchenette inside the suite and restrooms conveniently located just outside. Free parking is available on the property and nearby streets. Flexible lease options — full-time, evenings, or weekends — just blocks from the historic 19th Street district and some of the Heights’ best dining and shops. For more information or to schedule a tour: Dr. Kelli Wright, 713-249-5838, kelli@drkelliwright.com.
HOuSTOn OFFICE SPACE–
BERIng AnD WOODWAy
Four-story building located on Bering Drive, just south of Woodway. Two 12’x15’ fully furnished window offices are available. Access to copier/fax/phone system (you can add your own line).
30+ year lawyers. On-site management and security guard. Access to amenities, including covered outside parking, kitchen, conference room, file cabinet space, and internet access. $850/month per office. Call Lisa DeWild at 832-581-2066.
SPRING BRANCH
MEMORIAL OFFICE SPACE –WESTVIEW DRIVE
Two story building located on Westview Drive between Wirt and Antoine. Several individual offices available with shared conference room and break room. All utilities paid. Free parking. For more information call 713-681-3070.
Center for Women in Law congratulates HBA President Daniella Landers.
Thank you for your continued leadership in CWIL and HBA!
