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Streamlining Arbitrations 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

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THE HOUSTON

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Volume 63 – Number 1

July/August 2025

Daniella Landers 2025-2026 President Houston Bar Association

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contents July/August 2025

Volume 3 Number 1

FEATURES

14

18

Arbitrations 10 Streamlining

By Jessica Crutcher and Chimdimma Onyedebelu

in Three Acts: 14 Mediation Different Approaches to Resolving Disputes

By Justice Ruby Kless Sondock, Judge Josefina M. Rendón, and Professor Kimberlee Kovach

and Mediation in Texas: 18 ADR A Stroll Down Memory Lane

By Justice Ruby Kless Sondock

24

26

the Rule of Law: 20 Upholding The HBA’s Enduring Commitment Bar Foundation Launches 22 Houston Community Grants Program

By Krisina ZuÑiga

Honors Excellence in Diversity 24 HBA and Law Day Contests at 2025 DEI Luncheon

Interview with HBA President 26 AnDaniella Landers

The Houston Lawyer

28

Landers Sworn In As 28 Daniella 2025-2026 President of the Houston Bar Association

The Houston Lawyer (ISSN 0439-660X, U.S.P.S 008-175) is published bimonthly by The Houston Bar Association, 1000 Louisiana St., Suite 3600, Houston, TX 77002. Periodical postage paid at Houston, Texas. Subscription rate: $12 for members. $25.00 non-members. POSTMASTER: Send address changes to: The Houston Lawyer, 1000 Louisiana St., Suite 3600, Houston, TX 77002. Telephone: 713-759-1133. All editorial inquiries should be addressed to The Houston Lawyer at the above address. All advertising inquiries should be addressed to: Quantum/SUR, 10306 Olympia Dr., Houston, TX 77042, 281-955-2449 ext 1, www.thehoustonlawyer.com, e-mail: leo@quantumsur.com.

Views expressed in The Houston Lawyer are those of the authors and do not necessarily reflect the views of the editors or the Houston Bar Association. Publishing of an advertisement does not imply endorsement of any product or service offered. ©The Houston Bar Association/QuantumSUR, Inc., 2025. All rights reserved.

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contents July/August 2025

Volume 63 Number 1

departments

32

34

Message 6 President’s The HBA’s Service to Our Members,

Our Community, and Our Profession

By Daniella Landers

the Editor 8 From People, Service, Collaboration:

The Heartbeat of a New Bar Year

By Nikki Morris

Spotlight 32 Veteran Eric D’Olive

By Maggie Martin

THE RECORD 34 OFF Counsel by Day, Choreographer

35

36

by Night

By Tara M. Taheri in professionalism 35 AA.Profile Martin Wickliff, Jr. Member, Cozen O’Connor

Spotlight 36 committee HBA Campaign to End

Homelessness and Hunger Committee: Hosting a Pro Bono Clinic with Beacon Law

By Deanna Willson

Section Spotlight 37 Litigation Section: A Year in Review

39

By Sammy Ford IV

trends 38 Legal Texas Supreme Court Narrows

‘Separate Litigation’ for Vexatious Litigants

By Kaitlyn Tucker

Reviews 39 Media 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 The Houston Lawyer

42 Litigation MarketPlace

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president’s message

By Daniella Landers

The HBA’s Service to Our Members, Our Community, and Our Profession

The Houston Lawyer

T

he 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 Section 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 partner6 July/August 2025

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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

Secretary

President-Elect

Treasurer

First Vice President

Immediate Past President

Daniella Landers

Kaylan Dunn

Greg Ulmer

Todd Frankfort

Collin Cox

David Harrell

Second Vice President

Robert Painter

DIRECTORS (2024-2026) Keri Brown Seepan V. Parseghian

Stephanie Noble Samantha Torres

DIRECTORS (2025-2027) Carter Dugan Colin Pogge

Greg Moore 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 Jaclyn Barbosa Hon. Natalia Cornelio Corey Devine Chandria Jackson Andrew Pearce Hon. Josefina Rendón Jennifer Smith Carey Worrell

Mehrnoosh K. Andu Casey Minnes Carter Johnny Day Teresa Hudson Dave Louie Ciara Perritano Kimberly Seiler Rachael Thompson Nicolette Zulli

Managing Editor

Maggie Martin

HBA office staff Executive Director.......................Vinh Ho Associate Executive Director.........Ashley G. Steininger Executive Assistant and Director of Board Affairs...............Gina Pendleton Director, Marketing and Communications .......................Maggie Martin Communications Specialist...........Briana Ramirez Education Coordinator ................... Alli Hessel Projects and Events Coordinator.....Georgina Peña Director, Membership and Technology Services....................Ron Riojas

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from the editor

By Nikki Morris BakerHostetler

Associate Editors

Anna M. Archer U.S. District Court

Sydney Huber Bateman Horne Rota Moos

Jessica Crutcher Jessica Crutcher Law

Lane Morrison Bush Seyferth

The Houston Lawyer

Rinku Ray Ray & Fahys

Braden Riley Morrow & Sheppard

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People, Service, Collaboration:

W

The Heartbeat of a New Bar Year

elcome 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.

The articles editors for this year are also great contributors to the magazine and generally wonderful humans. Lane 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. thehoustonlawyer.com

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 Landers 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.

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.

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By Jessica Crutcher and Chimdimma Onyedebelu

Streamlining Arbitrations

F

Introduction or 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 10 July/August 2025

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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,

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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 12 July/August 2025

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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.

Endnotes 1. AM. ARBITRATION ASSOC., Arbitration Administrative Fee Calculator, https://feecalculator.adrapps.org/ (last visited July 1, 2025).

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 Ruby Kless Sondock, Judge Josefina M. Rendón, and Professor Kimberlee Kovach

Mediation in Three Acts:

Different Approaches to Resolving Disputes

O

ver 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.

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

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

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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

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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

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.

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.

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.

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

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).

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By Justice Ruby Kless Sondock

ADR and Mediation in Texas:

A Stroll Down Memory Lane

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ooking 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.

DAMAGES Personal injury Wrongful termination Intellectual property Commercial damages/lost profits Business valuations

When you need a number call our number

281.846.6132

W W W . T H O M A S R O N E Y L L C . C O M

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.

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Upholding the Rule of Law:

The HBA’s Enduring Commitment

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s 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

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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

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By Krisina ZuÑiga

he 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.

Examples 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.

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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

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he 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.

HBA President Daniella Landers (L) poses with 2025 HBA Diversity Award winner Cisselon Nichols Hurd, senior legal counsel at Shell USA, Inc., next to this year’s winning Law Day Contest entry for Poster (K-2nd Grade).

HBA President Daniella Landers presents the 2025 Diversity Award to attorney Laura Alaniz, accepting on behalf of Spencer Fane LLP.

HBA President Daniella Landers poses with this year’s Law 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.

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: Andrews Myers, P.C.* Anuj A. Shah, P.C. Beck Redden Blue Williams, LLC Bracewell LLP CenterPoint Energy, Inc.* Chamberlain Hrdlicka* Federal Public Defender Office Foley & Lardner LLP Harris County Attorney’s Office* Harris County District Attorney’s Office* Haynes and Boone, LLP Holland & Knight LLP Hon. Sonya Aston, 80th Civil District Court Hon. Alfred H. Bennett, U.S. District Court* Hon. Christina A. Bryan, U.S. Magistrate Hon. Rabeea Collier, 113th Civil District Court* Hon. Natalia (Nata) Cornelio, 351st Criminal District Court* Hon. Jason Cox, Harris County Probate Court 3* 24 July/August 2025

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Hon. Dedra Davis, 270th Civil District Court* 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 County Probate Court No 2* Hon. Beau Miller, 190th Civil District Court Hon. Lauren Reeder, 234th Civil District Court Kane Russell Coleman Logan PC* Latham & Watkins Mandl Law Immigration Lawyers Patterson + Sheridan LLP Sunnova Energy Troutman Pepper Locke LLP * Vinson & Elkins LLP* Womble Bond Dickinson (US) LLP Wong Fleming* *Hired 1L Clerks in 2025 HBA DEI 1L Summer Clerkship Program

Congratulations to the following students hired through the 2025 HBA DEI 1L Summer Clerkship Program 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

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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 Legal Counsel, Shell USA, Inc. Learn more about the HBA Advancing Belonging & Cultures Committee at hba.org/abc.

WINSTON & STRAWN PROUDLY SUPPORTS THE

Houston Bar Foundation and its 76th Annual Harvest Party winston.com

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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.

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.

HBA Presid

Where did you go to college and law school? What prompted you to pursue a career in law?

Daniella: I received my bachelor’s deTell us about your family. gree from Purdue University, a master’s Daniella: I am the oldest child of Kirby degree from the University of Southern and Brenda Daniel. I have one brother California (USC), and my law degree Kirby Jr., who also lives here in the from The University of Texas Law School.

Houston area with his wife, Marsha I finished my last year of law school at McCray Daniel. Although my immediate the University of Michigan Law School as family is small, my extended family is a visiting student. exceptionally large–over 15 aunts and My interest in a legal career began uncles and over 50 cousins. in graduate school while at USC. I had I am the immensely proud mother of 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 Landers speaking at the 40th Annual HBA Eikenburg Fun Run at my practice on environSam Houston Park in downtown Houston on February 22, 2025. mental, health, and 26 July/August 2025

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ent Daniella

Landers

safety law because it encompasses my educational background in policy issues.

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.

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

ia. in Tanzan ilimanjaro K t n u o M iking Landers h

Committee, the Center for Women in Law Leaders Circle, the Women’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., Landers the Continentals Houston from Co with her son, M rnell Law org Chapter, and EMERGE School in an, at his gradu ation May 202 5.

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. thehoustonlawyer.com

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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.

He announced Kevin Dubose, partner at Alexander Dubose & Jefferson LLP, asClark this year’s recipient of the HBA Justice Eugene A. Shauna Johnson 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 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.

Houston City Council Member Letitia Plummer presents a proclamation on Rosalind Gary presents a resolution to President Landers on behalf of Texas State behalf of the City of Houston congratulating President Landers on her historic presidency.

Representative Ronald E. Reynolds III.

HBA President Landers presents the plaque of service to Immediate Past President Harrell.

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Award Winners

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.

Travis J. Sales, partner at O’Melveny, received the Special Recognition Award for Exemplary Service and Long-Term Dedication to the HBA and HBF.

Houston Volunteer Lawyers Executive Director Jessica Howton Stool and Harrell.

Harris County Robert W. Hainsworth Law Library Director Andre Davison poses with Harrell.

Harrell with HBA Litigation Chair Sammy Ford IV.

Harrell poses with HBA Campaign to End Homelessness & Hunger Committee Co-Chair Deanna Willson.

HBA Historical Committee Co-Chairs Ryan Cunningham and Charles L. Sharman.

**Award winners not pictured: Hon. Frances Bourliot, Hon. Julie Countiss, Kevin Dubose, and Darren Skyles.

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

Naimeh Salem & Associates, PLLC National Bar Association/ Pittman Law Firm Painter Law Firm PLLC Shipley Snell Montgomery LLP Steptoe LLP Wright Close & Barger, LLP

50-Year Lawyers 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

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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

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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.

Abraham, Watkins, Nichols, Agosto, Aziz & Stogner Akin Gump Strauss Hauer & Feld LLP Angela Solice, Attorney at Law Archie Law PLLC Baker Botts L.L.P. BakerHostetler LLP Baker Hughes Beck Redden LLP Blank Rome LLP Bracewell LLP CenterPoint Energy, Inc. Chamberlain Hrdlicka Chevron USA Coane & Associates Dentons US LLP Elizabeth S. Pagel, PLLC Eversheds Sutherland US LLP Exxon Mobil Corporation Fleurinord Law PLLC Foley & Lardner LLP Gibbs & Bruns LLP Gibson, Dunn & Crutcher LLP Gray Reed Greenberg Traurig, LLP Halliburton Hasley Scarano, L.L.P. Haynes and Boone, LLP Hunton Andrews Kurth LLP Jackson Walker LLP Jenkins & Kamin, L.L.P. King & Spalding LLP Kirkland & Ellis LLP

Law Office of Cindi L. Rickman Law Offices of Omonzusi Imobioh Limbaga Law LyondellBasell Industries Martin R.G. Marasigan Law Offices McDowell & Hetherington LLP McGarvey PLLC Michael L. Fuqua P.C. Morgan, Lewis & Bockius LLP Northum Law Norton Rose Fulbright O’Melveny Painter Law Firm PLLC Reed Smith LLP Royston, Rayzor, Vickery & Williams, LLP Sanchez Law Firm Shell USA, Inc. Shipley Snell Montgomery LLP Shortt & Nguyen, P.C. Sidley Austin LLP Squire Patton Boggs The Ericksen Law Firm The Jurek Law Group, PLLC Troutman Pepper Locke LLP Vasquez Waite Vinson & Elkins LLP Weycer, Kaplan, Pulaski & Zuber, P.C. Wilson, Cribbs, & Goren, P.C. Winstead PC Winston & Strawn LLP Yetter Coleman LLP

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Veteran Spotlight

Eric D’Olive

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.

The Houston Lawyer

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hen 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.

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 32 July/August 2025

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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.

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.

OFF THE RECORD

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Counsel by Day, Choreographer by Night

The Houston Lawyer

By Tara M. Taheri

ith a law degree in one hand and years of dance of the skills she learned growing up in the dance world, such training in the other, Dana Lizik has taken on as discipline and attention to detail, continue to serve her in a new role as choreographer for Night Court: her legal career. When Dana is not performing, she works as Lawyers Entertaining for Charity. a partner at the Johnson Law Group, who is also a sponsor of Dana grew this year’s Night Court show. up surrounded by rhythm Dana practices multi-disand movement. At a young trict litigation and handles age, her parents enrolled product liability claims. her in dance lessons, and it Dana is thrilled to help was something she immedibring Night Court to the ately enjoyed. Her first perstage and share it with auformance was a tap dance diences. She says she is in a little duck costume, excited to “work with the and she was so overjoyed cast, have a good time, to be onstage that even afand support the mission.” ter the dance ended, she While she’s “thrilled and continued to blow kisses to honored” to fill this role, the audience until a dance she says that she has some teacher gently carried her pretty big shoes to fill beoff the stage as if it was part cause Night Court’s previDana Lizik on stage in a past performance of Night Court. of the show. ous choreographer, Marty Growing up, Dana studied at the Royal Academy of Fine Lundstrom, is an “absolute icon.” Dana adds, “this year’s Arts (“RAFA”). There, she attended tap, ballet, jazz, and mushow [Law’s Anatomy] is a riot and I am excited for the audisical theatre classes. She earned the opportunity to dance ence to see it. I have been telling everyone that if you have as a company member with the nonprofit Bay Area Houston ever interacted with a doctor or a lawyer, you will enjoy this Ballet & Theatre (“BAHBT”) located in Clear Lake, where show.” she performed in dozens of productions, from classical balNight Court—Law’s Anatomy was held at the Hobby Center lets like The Nutcracker to full scale production musicals like in August. Lawyers who attended received 2.5 hours of CLE Hairspray. ethics credit. Visit nightcourt.org to learn more.

As the years passed, her path evolved. Dana graduated earProceeds from this year’s performance benefit Houston ly from the University of Houston Clear Lake and auditioned Volunteer Lawyers (HVL), Aid to Victims of Domestic Abuse for the Disney College Program. She was accepted as a per(AVDA), Child Advocates, The Children’s Assessment Cenformer and spent a semester working at Walt Disney World. ter, Foster Care Advocacy Center, Lone Star Legal Aid, and When she returned from the Disney College Program, she South Texas College of Law Houston Legal Clinics. decided to attend law school at the University of Houston Law Center part-time and work at RAFA as the administraTara M. Taheri works at American Specialty Health, tive director. where she focuses on compliance and data privacy.

Today, she balances both worlds—she argues cases by day She’s an executive producer, media relations manager, and crafts dances by night. Her legal work sharpens her anaand cast member of Night Court and is also a member of lytical mind, while dance remains her creative outlet. Many The Garland R. Walker American Inn of Court.

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A Profile

in pro f e s s io n a l i s m

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A. MARTIN WICKLIFF, JR. Member, Cozen O’Connor

hen 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.

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COMMITTEE SPOTLIGHT

HBA Campaign to End Homelessness and Hunger Committee:

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Hosting a Pro Bono Clinic with Beacon Law

The Houston Lawyer

By Deanna Willson

he 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 docu36 July/August 2025

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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.

Section Spotlight

Litigation Section:

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By Sammy Ford IV

A Year in Review

he 2024-2025 Bar year for the Litigation Section was filled that court’s creation, the population of Harris County has grown trewith numerous new activities and initiatives. Our members mendously. As a result, our courts now have the largest dockets in look to the Litigation Section as a place to both stay up to the state, despite being among the most efficient. The section wrote date on the law and to meet other practitioners and memletters of support to each of the Harris County Commissioners and bers of the judiciary. We accomplished both this year. testified on behalf of the creation of the courts at a Harris County Among our in-person presentations was a panel with members of Commissioners Court meeting. At the conclusion of that meeting, the appellate and trial bench and appellate and trial bar explaining Commissioners Court approved the creation of five new civil district the state of non-economic damages in personal injury cases after a secourts. The creation of the courts is now up to the Texas Legislature ries of recent opinions from the Texas Supreme Court and the courts (which approved their creation during the regular session). of appeal. We also explored, in other presentations, how to effectively communicate with your in-house client and how to avoid ethical Sammy Ford IV is a partner at AZA who represents companies and landmines in mediation. These presentations were recorded and are individuals around the country in all manner of civil matters, includavailable for free to section members at hba.org/watchcle. ing complex commercial litigation, business torts, securities class We also recognized the importance of meeting our members where actions, and catastrophic personal injury cases. He is board certified they are, and that means expanding our virtual offerings. After the in personal injury trial law and past chair of the State Bar’s Comevents of the past few years, many lawyers became accustomed to puter and Technology Section Council, a member of the Pattern Jury remote meetings and presentations. We therefore began a series of Charge Committee, and Immediate Past Chair of the Houston Bar virtual presentations focused on specifical practical skills and knowlAssociation’s Litigation Section. edge. 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 inAmerica’s Premier Civil-Trial Mediators & Arbitrators Online teraction, 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 View Bios & Available Dates Calendars for our TX Chapter Members, free 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 Proud ADR Sponsor to the courts in Harris County. The last civil disNational Defense & Plaintiff trict courts were created decades ago. Since Bar Associations

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LEGAL TRENDS

Texas Supreme Court Narrows ‘Separate Litigation’ for Vexatious Litigants

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The Houston Lawyer

By Kaitlyn Tucker

ast 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 38 July/August 2025

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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).

MEDIA REVIEWS

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

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awyers 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.

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.”

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.

Power Up Your Practice: Create the Law Firm Charles Shaw, assistant Harris County attorney, also found the book helpful, and the Life noting that “[a]s a male attorney,... it [is] hard to fully understand what demands, You Deserve 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-

By Ruby L. Powers Published by Powers Strategy Group LLC Reviewed by Jennifer Smith

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ower Up Your Practice: Create the Law Firm and the Life You Deserve is a helpful and easyto-read guideline for starting or

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MEDIA REVIEWS

The Houston Lawyer

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 40 July/August 2025

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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

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

Firms of 100+ Attorneys Baker Botts L.L.P. Bracewell LLP

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July/August 2025

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LITIGATION MARKETPLACE

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 calm, elevated environment ideal for client meetings and focused

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).

Possible client referrals – the two existing tenants are experienced

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.

Professional Services

Latham & Watkins is proud to support the

76th Annual Harvest Party benefiting Houston Volunteer Lawyers

LW.com 42 July/August 2025

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For Classified Mary Chavoustie

mary@quantumsur.com

281.955.2449 ext.3

Free Access to Legal Research Databases & Tools all in a Private Space!

Find a LAWPod near you: harriscountylawlibrary.org/lawpod Available now at the Harris County Robert W. Hainsworth Law Library and at participating Harris County Public Library Branches

Gibson Dunn is proud to support the

Dinner

Houston Bar Association

gibsondunn.com

Center for Women in Law congratulates HBA President Daniella Landers.

Thank you for your continued leadership in CWIL and HBA!

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