THL_NovDec25

Clarifying the Divide: Texas’ 2025 Amendments to Estate Property Characterization and Community Debt Provisions The Changing Landscape of Parental Rights in Texas Don’t Fumble the Future: TODDs, PODs, and Life Insurance for Texas Empty Nesters New Privacy Realities at the Stroke of Midnight: Financial and Medical Documentation for Adult Children Turning 18 5 Things All Lawyers Should Know About Family Law: A Judge’s Perspective

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Volume 63 – Number 3

November/December 2025

Family Law

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The way forward

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contents November/December 2025

Volume 63 Number 3

FEATURES

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14

the Divide: Texas’ 2025 10 Clarifying Amendments to Estate Property Characterization and Community Debt Provisions

By Randall B. Wilhite

Changing Landscape of 14 The Parental Rights in Texas

By Holly Draper & Shailey Gupta-Brietzke

Fumble the Future: 18 Don’t TODDs, PODs, and Life Insurance for Texas Empty Nesters

By Stephany M. Simien

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Privacy Realities at the Stroke 20 New of Midnight: Financial and Medical Documentation for Adult Children Turning 18

By Arati Bhattacharya

Things All Lawyers Should 22 5Know About Family Law: A Judge’s Perspective

By Judge Gloria E. López

Legal Community 28 Houston Unites for Pro Bono at 76th Annual Harvest Party

The Houston Lawyer

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of the 76th Annual 30 Underwriters Harvest Party

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 November/December 2025

Volume 63 Number 3

departments

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33

Message 6 President’s There for You Every Step of

the Way

By Daniella Landers the Editor 8 From The Most Wonderful Time of

the Year

By Nikki L. Morris Spotlight 32 Veteran Amy Abbott: From Combat Camera

to the Courtroom

By Anna archer

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38

Profile in professionalism 33 ALesley Briones

Commissioner, Harris County Precinct 4

THE RECORD 34 OFF Ruben R. Perez: Tejano Music

Hall of Famer

By Judge Josefina M. Rendón Spotlight 36 committee Advancing Belonging & Cultures

Committee: A Legacy of Inclusion, Leadership, and Opportunity

By Teresa D. Hudson

Section Spotlight 37 Built for Us, by Us: Introducing the

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HBA Solo & Small Firm Section

By Melanie Bragg and Jaclyn I. Barbosa

trends 38 Legal In re Gothard: An Examination of the

Ecclesiastical Abstention Doctrine

By Lauren Harbour

Reviews 40 Media Real Lessons for Real Trials:

A Review of David Crump’s How to Try a Jury Trial

Reviewed by CASEY MINNES CARTER

The Houston Lawyer

Tales As Old As Crime: Laughter and Pain in the Criminal Injustice System Reviewed by Jessica Crutcher

42 Litigation MarketPlace 4 November/December 2025

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president’s message

By Daniella Landers

There for You Every Step of the Way

The Houston Lawyer

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eflecting on my journey, I’m reminded of how essential Court of Appeals, I had the privilege of welcoming nearly 25 new family can be to our growth–both personally and profesattorneys, each accompanied by family or friends, as they took the sionally. Over the past 26 years with the HBA, this comTexas Attorney’s Oath. It was especially meaningful to share this munity has truly become an extension of my own fammoment with my own family members, including my son Morgan ily. Through my roles as a committee chair, service on Landers and cousin Destany Brown, both new licensees. This cerethe HBA Board of Directors and its mony marks the beginning of what I related organizations (like the Houshope will be long, rewarding careers ton Bar Foundation, Dispute Resolufor these new attorneys. Newly lition Center, Houston Lawyer Referral censed attorneys are invited to enjoy Service), and volunteering alongside all HBA benefits for free during their fellow members at events such as the first year of practice, and engaging Fun Run and Habitat for Humanity, with our community can open many I’ve formed lasting friendships and doors as their careers progress. meaningful connections.

We encourage early-career attorIn a city as large as Houston with neys to join the HBA Professionalism over two million residents, the HBA Committee’s Mentor-Mentee Proserves as a unified Bar serving Housgram, which pairs those licensed HBA President Daniella Landers stands with her son, Morgan, ton-area attorneys at every stage of as he takes the Texas Attorney’s Oath at the HBA’s New Lawyer’s three years or less with experienced Induction Ceremony on October 20, 2025. their careers—even before law school attorneys eager to share advice and and into retirement. We offer a variety of initiatives and programs guidance. The revitalized HBA Ambassadors Program offers our to support and nurture the development of the legal community, our younger attorneys, including representatives from a cross-section HBA “in-law” family members. of local affinity bar associations, a valuable chance to enhance their For Houston-area youth who are interested in law, our 16-yearleadership abilities as they actively promote the HBA. In addition, long partnership with Communities In Schools (CIS) of Houston has our substantive sections and Senior Lawyers Committee offer proprovided summer legal internships to more than 400 high-achieving gramming for attorneys at all experience levels, including monthly high school students from at-risk schools. This pipeline program inseminars and CLEs, to help HBA members grow professionally and troduces local youth to the legal profession and offers valuable menconnect with peers. torship before college.

Watching both new and seasoned attorneys thrive within the For law students, the HBA is committed to supporting every step HBA is truly rewarding. As their families and careers evolve, so of your journey. Our summer clerkship and mentoring program does their level of involvement within our organization. Memberconnects first-year students at local law schools with mentors and ship in the HBA is more than a choice—it’s a commitment to adhands-on experience in law firms, corporate legal departments, and vancing your career through meaningful networking, ongoing proother organizations. This year, we updated our bylaws to welcome fessional development, and actively supporting our dynamic legal all law students attending local schools or working in Houston as community. members—at no cost. Student members can join any HBA committee If you haven’t connected with us recently, I understand—life and one section for free, giving them opportunities to network with gets busy. Visit hba.org for upcoming opportunities to reconnect. experienced attorneys and build relationships before graduation. For The first few months of 2026 are packed with events, including the those seeking a more social environment, we host numerous events Houston Bar Foundation’s Annual Luncheon on February 17, the throughout the year, from happy hours to our 8K race and volunteer HBA Fun Run on February 21, the Spring Days of Service on March opportunities with seasoned members.

27-28, and many section and committee programs to serve as your Recently, we held our first New Lawyers Induction Ceremony at social and professional outlets. the 1910 Courthouse. Alongside Former Texas Supreme Court JusThank you for being part of our HBA family. I wish you and your tice Eva Guzman and several justices in the First and Fourteenth loved ones a joyful holiday season and hope to see you soon!

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BOARD OF DIRECTORS President

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Immediate Past President

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Stephanie Noble Samantha Torres

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The Most Wonderful Time of the Year

he last few months of the year are my absolute favorite. Not only do I get to celebrate two of my kids’ birthdays, but these months also bring Halloween, Thanksgiving, and Christmas. We are the type of family that has a giant Halloween display that goes up in late September and then a great light display for Christmas featuring a lighted arch over the driveway. These exploits are mostly thanks to my very handy husband who supports and encourages my love for the holidays by putting these things together. We also make sure to have an entirely separate celebration for my daughter with a December birthday, and this year, we have the added joy of celebrating my sister who is graduating from college. All of this before a quiet Christmas at home and a family-filled New Year’s Eve with my in-laws. Essentially, the last quarter means constant celebrations of and with the people I love most—my family.

It was only fitting, then, that we focused our November/December issue on developments related to family law. Family law presents the intersection of the best and worst moments of people’s lives.

Whether it is adding a new member to your family through adoption, preparing for the worst when you send your kids off to college, or disentangling your life from someone else through divorce and all of the steps in between.

This issue covers some of the recent developments, including legislative amendments to the Texas Estates Code regarding property characterization and community property upon death. Randall B. Wilhite provides insight into these developments and provides guidance on the practical implications for estate representatives, surviving spouses, and probate courts. Holly Draper and Shailey Gupta-Brietzke discuss an important development in the protection of parental rights under the Texas Constitution by recounting a recent case they assisted with and the

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related legislation that was implemented as a result.

This issue also includes practical guidance for nonfamily lawyers, including two articles for parents of older children who are, or have recently turned, 18.

Arati Bhattacharya provides guidance to parents regarding the implications of privacy laws that go into effect the minute the child becomes an adult. Stephany M. Simien also guides parents on the three simple tools that can make a big impact if the worst happens.

Finally, Judge Gloria E. López guides us with five things all lawyers should know about family law.

She provides insight into practice within the family courts and also gives great advice for all practitioners appearing before the court, with specific guidance from the bench on each topic. As someone who does not practice in that area, I found her article insightful and beneficial to my own commercial litigation practice.

I also want to say a special thanks to Teresa Hudson, who went above and beyond in our Committee Spotlight to provide an overview of the history of what is now called the Advancing Belonging and Cultures Committee—a committee that has been known by many names over the years. Melanie Bragg and Jaclyn I. Barbosa also gave an overview of the new Solo & Small Firm Section. All our columns are great this issue, including media reviews by Jessica Crutcher and Casey Minnes Carter, an Off the Record column

by Judge Josefina M. Rendón, a legal trend by Lauren Harbour, and our veteran spotlight by Anna Archer.

Thank you to all of our authors and editors who contributed to this issue.

This busy season also comes with several challenges as a practicing lawyer as we try to mix in quality family time with billable hours or other work obligations and seasonal firm and bar association social events. I hope each of our readers is able to take a little time as we close out 2025 to make time for what they love most.

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By Randall B. Wilhite

Clarifying the Divide:

Texas’ 2025 Amendments to Estate Property Characterization and Community Debt Provisions

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arlier this year, the 89th Texas Legislature enacted Senate Bill 1448, a probate practice bill that clarifies several provisions of the Texas Estates Code affecting estates of married decedents.

Among other changes, S.B. 1448 adds an explicit marital status disclosure to estate inventories and modernizes terminology regarding the payment of obligations from community property. These amendments took effect September 1, 2025, and are best understood as clarifications that align probate administration with long standing marital property rules.1 This article focuses on the changes most relevant to property characterization in inventories and lists of claims and terminology governing obligations payable from community property.

The Pre Amendment Landscape: Identifying the Problems The Inventory Transparency Gap Before 2025, Texas Estates Code § 309.051(a)(2) already required an inventory to identify the decedent’s property and specify which portion, if any, was separate property and which, if any,

was community property. But in practice, inventories were often filed without clear, consistent, or complete characterization, and there was no explicit requirement to disclose marital status at death. That omission sometimes obscured whether the separate/community characterization requirement applied and fostered uncertainty early in administration.

The practical effects were predictable.

First, characterization disputes that could have been addressed at the outset surfaced months into administration, delaying distributions and driving up costs. Second, the lack of early, transparent characterization hindered surviving spouses in recognizing and timely asserting reimbursement claims when one marital estate benefited another.2 Relatedly, uncertainty over deadlines and procedures for rejected claims—especially distinguishing dependent from independent administrations—contributed to missed or mismanaged litigation timelines.3 Finally, probate courts were confronted with insufficient information at the start of a case and drawn into avoidable mini trials over characterization that better disclosures could have prevented.

The Community Debt Terminology Confusion Before SB 1448, Estates Code provisions referred loosely to “community debts” or “community obligations.” That shorthand sat uneasily beside the Family Code rules, which distinguish (a) personal spousal liability for a debt from (b) the property liable for its satisfaction. Under the Family Code, liability for a spouse’s obligations turns on management powers and statutory allocations, not on labeling an obligation as “community.” 4 The mismatch led some administrators and creditors to conflate debt characterization with which property (separate, sole management community, joint management community) could be reached, creating pay order errors and risk of fiduciary exposure.

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“last illness” expenses in The Legislative Solution: the claims list.7 A Targeted, Clarifying Aproach Enhanced Inventory and Claims List Requirements Transparency Modernized Community Property Liability TermiSB 1448 amends Estates Code gives beneficia- nology §§ 309.051 and 309.052 to require inventories and lists ries, creditors, SB 1448 also updates Estates Code § 453.003(a) of claims to state whether and especially to retire the imprecise the decedent was married at surviving spous- “community debts/obligadeath and, if so, to specify for each listed item whether it is es early notice of tions” phrasing in favor of “debts for which a portion separate property of the dece5 rights and potenof community property is dent or community property.

These amendments formalize tial claims, and it liable for payment.”8 This modernization tracks the the core facts probate courts furnishes courts Family Code framework and parties need to evaluate spousal rights, creditor isa cleaner record and avoids implying that sues, and distribution quesfor efficient case “community debt” is itself a legal category that govtions. They are deliberately agement.” man erns liability. flexible as to format while Equally important is insisting on the substance of what SB 1448 does not do: it does not disclosure. add a new § 453.003(a 1). The legislature Because the amendments speak in the already addressed at death community language of separate and community property liability mechanics in 2023 via property, it is useful to recall the constitutional and statutory definitions that frame this analysis: “All property, both real and personal, of a spouse owned or claimed before marriage, and that acquired afterward by gift, devise or descent, shall be the separate property of that spouse; and laws shall be passed more clearly defining the rights of the spouses, in relation to separate and community property.”6 The new marital status disclosure forces a threshold inquiry: Is this a married decedent estate? If so, characterization must be stated item by item at the outset, when evidence is fresh and documents are accessible. Transparency gives beneficiaries, creditors, and especially surviving spouses early notice of rights and potential claims, and it furnishes courts a cleaner record for efficient case management. Notably, the claims list amendment mirrors the inventory change: If the decedent was married, the representative must identify whether each claim relates to separate or community property; there is no new statutory requirement to tag “funeral” or

SB 1373, which amended Estates Code § 101.052 and added § 101.052(a 1) to clarify how community property answers for obligations when a spouse dies.9 In short, SB 1448 harmonizes terminology; SB 1373 supplies the at death liability framework.

This clarification also underscores a recurring practitioner pitfall: a debt’s character is distinct from the property liable for its payment. A spouse’s obligation may be payable from sole or joint management community property under the Family Code even if the obligation relates to one spouse’s separate property activity.10 Practical Implications for Estate Administration For Estate Representatives. Representatives must treat characterization as a front end task, not an afterthought. Doing so often requires examining deeds, beneficiary designations, account agreements, and performing tracing where

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commingling is alleged. Texas law places the burden to overcome the presumption of community property on the party asserting separate character, and doctrines like inception of title and tracing remain central.11 With characterization now demanded in initial filings, securing competent records and expert assistance where appropriate is prudent. Where payments are made from the wrong property mass, representatives risk statutory exposure if they fail to abide by orders of distribution.12 For Surviving Spouses. Earlier and clearer disclosure of marital status and characterization equips surviving spouses to identify reimbursement and management rights issues immediately, thereby facilitating informed decisions about negotiation or litigation pathways.

For Probate Courts. The amendments should reduce unnecessary interim hearings. With marital status and characterization stated at the outset, courts can set realistic schedules, require targeted discovery when tracing is genuinely disputed, and resolve threshold issues more efficiently.

Integration with Family Law Principles By insisting on early, explicit characterization in death administration, SB 1448 moves probate practice into closer alignment with divorce case methodology, which begins with character and value before division.13 The policy through line is

familiar: Texas’s community property system protects marital interests and scrutinizes transactions that could compromise them.14 Clarity at the inventory and claims list stage advances that policy by making the spousal and creditor playing field visible from day one.

Conclusion SB 1448 is a measured, practitioner oriented clarification. By adding marital status disclosure and conditioning item by item characterization on the decedent’s marital status, and by refining community property liability terminology, it removes ambiguity that long complicated married decedent administrations. Representatives should update intake checklists, document gathering protocols, and inventory templates to better address these amendments. Practitioners should consult the enrolled bill (and any technical corrections) for the complete text of all amendments beyond the scope of this article.

Randall B. Wilhite is founding shareholder of Fullenweider Wilhite, P.C. in Houston, Texas, where he is board certified in Family Law by the Texas Board of Legal Specialization and is a Fellow of the American College of Family Trial Lawyers, American

Academy of Matrimonial Lawyers, and the International Academy of Family Lawyers.

Mr. Wilhite has spoken at numerous CLE events on various family law issues over four decades and has co-authored treatises on Texas family law, including the Texas Family Law Handbook and Texas Family Code Plus.

Endnotes

1. S.B. 1448, 89th Leg., Reg. Sess. (Tex. 2025) (enrolled) (amending TEX. EST. CODE §§ 309.051, 309.052, 453.003; effective Sept. 1, 2025) (hereinafter “S.B. 1448”).

2. TEX. FAM. CODE § 3.402 ; Jensen v. Jensen, 665 S.W.2d 107, 109 (Tex. 1984); Vallone v. Vallone, 644 S.W.2d 455, 458–59 (Tex. 1982).

3. TEX. EST. CODE § 355.001 (“A claim may be presented to a personal representative of an estate at any time before the estate is closed if suit on the claim has not been barred by the general statutes of limitation.”), § 355.064 (90 day post rejection suit deadline for dependent administrations), § 403.058(d) (inapplicability of § 355.064 to independent administrations).

4. TEX. FAM. CODE §§ 3.201–.203; Cockerham v. Cockerham, 527 S.W.2d 162, 169–71 (Tex. 1975); Tedder v. Gardner Aldrich, LLP, 421 S.W.3d 651, 654–57 (Tex. 2013) (rejecting “community debt” shorthand).

5. S.B. 1448 (amending TEX. EST. CODE §§ 309.051, 309.052 to require marital status disclosure and, if married, separate/ community characterization in inventory and claims list).

6. TEX. CONST. art. XVI, § 15; TEX. FAM. CODE §§ 3.001– .003 (providing separate property definition, community property definition, and for the presumption of community property).

7. S.B. 1448 (providing no new statutory requirement to label “funeral” or “last illness” expenses in the claims list).

8. Id. (amending TEX. EST. CODE § 453.003(a) to refer to “debts for which a portion of community property is liable for payment”).

9. S.B. 1373, 88th Leg., Reg. Sess. (Tex. 2023) (enrolled) (amending Tex. Est. Code § 101.052 and adding § 101.052(a 1) regarding liability of community property at death).

10. TEX. FAM. CODE § 3.202; see Cockerham, 527 S.W.2d at 169–71.

11. Cameron v. Cameron, 641 S.W.2d 210, 213–14 (Tex. 1982) (discussing inception-of-title principles); McKinley v. McKinley, 496 S.W.2d 540, 543 (Tex. 1973) (discussing commingling).

12. TEX. EST. CODE § 360.301 (defining liability for failure to deliver property as ordered).

13. TEX. FAM. CODE § 7.001; TEX. EST. CODE §§ 453.001–.009.

14. Arnold v. Leonard, 273 S.W. 799, 802 (Tex. 1925); Carnes v.

Meador, 533 S.W.2d 365, 368–71 (Tex. Civ. App.—Dallas 1975, writ ref’d n.r.e.).

Dallas' Public Law School Expanding Access to Legal Education lawschool.untdallas.edu 12 November/December 2025

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By Holly Draper & Shailey Gupta-Brietzke

The Changing Landscape of Parental Rights in Texas

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ver the last several years, parental rights under Texas law have changed significantly, swinging the pendulum far to the side of protecting the constitutional rights of parents. Has the pendulum swung too far? Some may say yes, but time will tell.

The pendulum began to swing in 2020 with the Texas Supreme Court’s landmark decision of In re C.J.C. (“C.J.C.”).1 There, the mother and father

of a three-year-old girl were involved in an ordinary custody modification when the mother was tragically killed in a car accident. Despite the father having been a model parent—using all his parenting time and being active in his child’s life, paying all his child support, and having no metaphorical skeletons in his closet—the trial court judge granted rights and possession to the deceased mother’s fiancé, who had been living in the child’s primary residence with the mother for a little more than half the time over a period of 10-11 months.

The trial court found that the mother’s fiancé had standing under the relatively low bar of “actual care, control and possession” found in then-applicable Texas Family Code § 102.003(a)(9). The Fort Worth Court of Appeals affirmed. But the Texas Supreme Court unanimously reversed, ruling in favor of the biological father and overturning the rights and possession awarded to the nonparent. While C.J.C. did not address the standard of proof required to overcome the fit-parent presumption, the Texas Supreme Court did hold that a fit parent retains the benefit of the constitutional, fit-parent presumption in a modification case where a non-parent enters the litigation for the first time.

Following C.J.C., Texas courts wrestled with answering the question of the burden required for a nonparent to overcome this presumption. Still, the debate surrounding constitutional parental rights seemed confined to parent vs. non-parent custody conflicts, that is, until the Texas Legislature amended § 85.025 of the Texas Family Code and courts began interpreting it. The amended section 85.025 authorized courts to issue protective orders for longer than two years if the court found that felony-level family violence had occurred.

However, the new § 85.025(a-1) did not require an indictment or conviction; so, because protective orders are civil in nature, the mere allegation of family violence—shown by only a preponderance of the evidence—could strip a parent of

his or her parental rights for life. Enter mitting an act of family violence. The 2 Stary v. Ethridge (“Stary”). trial court ultimately found though that Stary involved petitioner Christine the Petitioner had committed felony-levStary (“Petitioner”) and respondent el family violence and—though ResponBrady Ethridge (“Respondent”), who dident did not request a lifetime protective vorced in 2018 and agreed to share cusorder in his pleadings or testimony— tody of their three minor children. But a ultimately granted a protective order week after Petitioner’s arrest for felony against Petitioner lasting her entire life; injury to a child in March 2020, Reit made no provisions for Petitioner to spondent applied for a civil have any form of possession of, protective order in Texas’s access to, or communication sole domestic violence spewith the children, even after cialty court that has excluthey reached the age of 18. PeStary involved titioner subsequently retained sive jurisdiction to hear applications for protective petitioner Shailey-Gupta Brietzke, who orders in Harris County— filed a motion for new trial arChristine Stary the 280th Judicial District guing 1) “the protective order (“Petitioner”) [was] tantamount to a termiCourt in Harris County.

Though the state later disand respondent nation of her parental rights” missed the charges against due to the restrictions on her Brady Ethridge Petitioner, Respondent relationship with her children; nonetheless alleged Peti(“Respondent”), which 2) violated Petitioner’s tioner had committed acts “fundamental rights under who divorced the Constitution without sufof felony family violence causing serious bodily in 2018 and ficient due process.”4 The trial harm to her children and court rejected Petitioner’s aragreed to share guments and other requests to obtained an ex parte temporary order while his applicustody of their reconsider. cation remained pending.

On appeal, Petitioner rethree minor Six months later, the tained Holly Draper, who children.” previously represented the 280th Judicial District Court held a virtual eviprevailing father in C.J.C. by dentiary hearing on Respondent’s apmaking arguments related to constituplication. Only Respondent testified on tional parental rights. Though Responhis behalf, and he recounted how the dent did not file a responsive brief, in a children reported that the Petitioner insplit decision, the First Court of Appeals jured them during the incident that led affirmed, reasoning that if a protective to her arrest. He offered corroborating order left some of a parent’s ancillary medical records. In contrast, Petitioner rights and obligations intact (i,e., the offered the testimony of a schoolteacher right to talk to a doctor or the right to rewho taught her daughters and who review records), prohibiting contact with ported that Petitioner was “a gentle disthe child—even permanently—did not ciplinarian;” but the trial court prohibrequire a showing by clear and convincited this witness from testifying about ing evidence.5 In dissent, Justice April Petitioner’s character.3 The trial court Farris focused on the sheer duration of the protective order and concluded that also excluded Petitioner from testifying the protective order effectively termito Respondent’s acts of domestic vionated Petitioner’s parental rights and lence against her. After waiving her Fifth deprived her of fundamental liberty inAmendment right against self-incrimiterests.6 nation, Petitioner testified that a sibling fight, which she had tried to deescalate, In seeking review from the Texas Suhad injured her child—she denied compreme Court, Petitioner argued that the

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trial court abused its discretion and violated Petitioner’s constitutional rights in two ways: (1) when it ordered a lifetime protective order for her children, constituting a de facto termination of her parental rights without due process protections; and (2) when it ordered a lifetime protective order without proper due process considerations based on the allegation of a non-adjudicated felony charge. The Texas Supreme Court granted the petition for review. Respondent still did not participate, prompting the appointment of an amicus to defend the lower courts’ decisions. The constitutional issues prompted other groups, including the Family Freedom Project, the Heritage Defense Foundation, the Texas Association Against Sexual Violence, the Texas Council on Family Violence, and the Texas Advocacy Project—to file amicus briefs as well.

The Texas Supreme Court ultimately selected Stary for oral argument at the University of Houston, which allowed law students, the legal community, and the public to attend in October 2024.

Ms. Draper argued for Petitioner, and former Texas Supreme Court Justice Eva Guzman argued on behalf of the Family Freedom Project in support of Petitioner’s position. Marshall Bowen, the amicus appointed to defend the lower courts’ decision, argued in opposition.

The questions asked during oral arguments made clear the justices found this lifetime protective order tantamount to a parental termination: Justice Young commented how the ability to talk to his children’s dentist does not equate to having a relationship with his children; Justice Blacklock said he would rather spend a few years in jail than lose his relationship with his children.

In May of 2025, the Texas Supreme Court unanimously found in favor of Petitioner. In the opinion authored by Justice Bland, the court held that the trial court’s protective order amounted to a termination of parental rights; as such, it required proof by clear and convincing evidence. The court reversed and

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the “stepparent statute”—which allowed remanded for further proceedings, where a nonparent who lived in the child’s priRespondent would need to meet this mary residence with the child and her heightened burden of proof to have a new parent/guardian to file suit if the parprotective order issued. ent/guardian died. Moreover, Senate Bill Stary offers an interesting and unique (“S.B.”) 2052 established new requireopinion for family law practitioners and ments for nonparents filing or intervening legal practitioners alike. It addresses a in certain suits affecting the parent-child critical juncture where the constitutionrelationship, significantly raising the burally protected rights of a parent intersect den on nonparents to obtain any rights with protections afforded to domestic or possession of a child. Various other violence survivors under Texas law. Stary legislative changes impact standing refurther reiterated constitutional parental quirements, protective order rights apply not just in nonparprocedures, attorneys’ fee ent custody litigation, but also provisions, and other procein any case where a parent’s dural requirements.7 fundamental rights to parent Stary offers his or her children remain at While at first glance these stake. Texas law now protects look like positive changes, an interestconstitutional parental rights as they prohibit nonparing and unique ents like the fiancé in C.J.C. in all types of litigation involvopinion for or someone like a nanny or ing a parent’s relationship with his or her child. Other appeals, family law roommate from demonstratwhether currently pending or ing standing, it comes with practitioners some serious ramifications. forthcoming, likely will continue to explore the different and legal For example, many same-sex standards for traditional parrelationships only have one practitioners ent vs. parent-custody issues; legal parent under Texas law, alike.” but the other person plays for example, where one parent loses an important right (such an integral role as the “secas the right to make educational decisions ond parent” to a child; if the legal parent or the right to make medical decisions) died or terminated the second parent’s based on evidence far from clear and access to the child, that “second parent” convincing. Whether these appellate dewould have no standing to seek rights or cisions will require a similar heightened access to the child. The same is true for burden remains a question. a stepparent who has acted as the “secThe Texas Legislature seems eager to ond parent” to a child while the biologiassist in answering this question, recently cal parent is absent, unfit, or dead. Now, swinging the pendulum even further tostepparents and same-sex partners may wards protecting parental rights than did find themselves unable to take necessary the Texas Supreme Court in C.J.C. and legal action. Short of the Texas Supreme Court finding these statutes unconstituStary. In the 2025 session, the legislational (which seems unlikely), only legture amended Family Code § 102.003(a) islative change can swing the pendulum through House Bill (“H.B.”) 2350. Under back to account for these not uncommon the old § 102.003(a)(9), a nonparent had scenarios. standing if he had “actual care, control The legislature also took the step of and possession” of a child for more than codifying C.J.C. by incorporating the six months ending not more than 90 days before filing suit. The amended version, constitutional fit parent presumption effective September 1, 2025, requires “exinto the Texas Family Code in sections clusive care, control, and possession.”

153.002 and 156.008. Now the question And the legislature also eliminated § has finally been answered as to the level 102.003(a)(11)—commonly referred to as of proof required to overcome the fit par-

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ent presumption. Just as the Texas Supreme Court found in Stary, the Texas Legislature found that clear and convincing evidence is the burden that must be met when we are considering infringing on parents’ constitutional rights to the care, custody, and control of their children. These latest legislative changes will undoubtedly create a flood of new litigation, as practitioners and clients alike seek to fully understand their impact, what proof meets the clear and convincing threshold, and where the gaps in the new legislation lie.

Stay tuned as we continue to watch the pendulum of parental rights continue to swing in the State of Texas.

Holly Draper is a board certified family law attorney and the CEO and managing partner of The Draper Law Firm, PC, which handles family law litigation in North Texas and family law appeals statewide.

Shailey GuptaBrietzke is a board certified family law attorney based in Houston. A former associate judge of the 309th District Court, she now leads Shailey Gupta-Brietzke, PLLC, providing skilled and compassionate representation to clients navigating challenging family matters.

Endnotes

1. In re C.J.C., 603 S.W.3d 804 (Tex. 2020).

2. Stary v. Ethridge, 712 S.W.3d 584 (Tex. 2025).

3. Id. at 588.

4. Id. (additional quotations omitted).

5. Stary v. Ethridge, 695 S.W.3d 417, 427–28 (Tex. App.—Houston [1st Dist.] 2022).

6. Id. at 438 (Farris, J., dissenting).

7. See, e.g., H.B. 2340, 2530, 89th Leg., Reg. Sess. (Tex. 2025) (child custody evaluations and special appointments); H.B. 793, S.B. 1559, S.B. 1120, 89th Leg., Reg. Sess. (Tex. 2025) (protective orders and family violence); H.B. 116, 1106, 1151 (child abuse and neglect); HB. 2524 (attorneys’ fees); H.B. 1193, H.B. 1916, H.B. 2240, 89th Leg., Reg. Sess. (Tex. 2025) (marriage and divorce); H.B. 2495, 89th Leg., Reg. Sess. (Tex. 2025) (parental rights and school enrollment); H.B. 3181, 89th Leg., Reg. Sess. (Tex. 2025) (child support and enforcement); H.B. 1734, 1973, 3180, S.B. 1404 (court procedures and electronic filings); H.B. 3783, H.B. 4795, S.B. 2306, 89th Leg., Reg. Sess. (Tex. 2025) (administrative and technical changes

By Stephany M. Simien

Don’t Fumble the Future:

TODDs, PODs, and Life Insurance for Texas Empty Nesters

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ere in Texas, we take pride in our families, good barbecue, and Friday night lights.

Estate planning, however, often gets set aside until life blindsides someone with an unexpected illness, death, or upon retirement.

For new empty nesters, top priorities include sending their freshman off with dorm essentials—even if the snacks are the only things that won’t collect dust. Estate planning does not usually appear on the new empty nester’s checklist and almost never on the new college student’s. But waiting too long to prepare for the future can expose families to probate delays, legal costs, and unnecessary stress, especially during a time of grief. For attorneys advising clients—and for families planning ahead—three simple tools can make a big impact: Transfer on Death Deeds, Payable on Death designations, and Life Insurance.

Who is TODD? And what is a Lady Bird Deed?

Transfer on Death Deeds (“TODDs”) are becoming more widely used in Texas to transfer ownership interest in real estate to a beneficiary upon the owner’s death. Governed by Section 114 of the Texas Estates Code, a TODD must be notarized and properly recorded, but is completely revocable and does not al-

low the property to change hands until the death of the owner.1 This ensures the owner retains full control and ownership of the property, and can manage, modify, or revoke the deed throughout his or her lifetime as circumstances change. Transfers are not limited to only individuals, but may also include charities.2 A TODD is a winning play— it avoids probate delays, family drama, and is easy to set up.

Be mindful, however, that Medicaid may have an interest in the property through the Medicaid Estate Recovery Program (“MERP”) if the deceased owner received Medicaid long-term services. Medicaid considers TODD properties as probate property since the transfer occurs at the owner’s death.

Although unlikely, Medicaid may affect a property transfer if it makes a MERP claim, and the estate lacks sufficient assets to satisfy the Medicaid loan. A MERP claim alone, however, does not revoke a TODD and receiving Medicaid long-term care does not automatically trigger a MERP claim. Exemptions may be granted depending on specific circumstances of the decedent.3 Another similar method of transferring real property is by a Lady Bird Deed. Much like a TODD, a Lady Bird Deed is revocable, and the owner maintains control until his or her death. Unlike a TODD, a Lady Bird Deed is not statutory, gives greater control, and is exempt from MERP claims. The biggest difference is based on the owner’s goals for future planning. A Lady Bird Deed is often the preferred route for trying to protect assets from Medicaid.

But for efficient, straightforward real property transfers governed by statute, the TODD is an increasingly popular choice.

Another great benefit to both a TODD and Lady Bird Deed is that the owner does not have to worry about potential heirs coming out of the woodwork as soon as they learn their “loved one” has passed and attempt to claim an alleged share of the property. Whoever is listed

on the deed as beneficiary has 100% ownership, unless otherwise stated in the deed (i.e., co-beneficiaries). Like traditional estate planning documents such as a will or power of attorney, TODDs and Lady Bird Deeds require the owner or transferor to be competent and of sound mind.

similar arrangement that is payable to a beneficiary at the death of the decedent is a nonprobate asset.”4 If no beneficiary is listed, or if the listed beneficiary is the “estate,” the life insurance proceeds must go through probate as Much like part of the estate. Life ina TODD, a surance is a great tool for final expenses, but Lady Bird covering when used appropriately, it Deed is revo- can provide benefits during PODs are small but mighty tools for your estate planning cable, and the one’s lifetime. Speak with toolbelt. an experienced life insurowner mainPayable on Death designaance or financial advisor to tions (“PODs”) offer a simtains control ensure you choose the life ple yet powerful approach insurance benefits that best until his or meet your needs and goals to avoid probate and clarify her death.” for your future and your one’s wishes. Your new college-bound student has likely family. just opened his or her first bank acCreating a will is a strong first move count. Once your child turns 18, their toward protecting your family’s future, bank account legally belongs to them— but it’s not the whole playbook. To avoid even if you’re the one funding it. Comlengthy probate delays and reduce the pleting a formal document with the risk of family disputes, consider adding financial institution to name you as a Payable on Death beneficiary is the best way to avoid issues during your grief.

This designation gives you access to the account upon their death. You might also consider being a joint owner on the account, which provides a Right of Survivorship designation. This designaMEDIATION | ARBITRATION | tion works similarly to a POD, but applies to joint account owners. Medical and Financial Powers of Attorney serve a similar purpose in cases of incapacitation rather than death.

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non-probate tools like TODDs, PODs, and life insurance. In Texas, where family comes first and preparation matters, a thoughtful estate plan ensures your loved ones are cared for long after the final whistle.

Stephany M. Simien is a Houston-based attorney who brings strategic precision to estate planning and fierce advocacy to personal injury cases, grounded in her experience as a former police officer and prosecutor.

Endnotes 1. TEX. EST. CODE §§ 114.051–114.057 (2023).

2. Texas State Law Library, Transfer Property after Death, https://guides.sll.texas.gov/wills-and-directives/transfer-property-after-death (last visited Oct. 21, 2025).

3. Texas Health and Human Services, Your Guide to the Medicaid Estate Recovery Program, https://www.hhs. texas.gov/regulations/legal-information/your-guidemedicaid-estate-recovery-program (last visited Oct. 21, 2025).

4. TEX. EST. CODE § 111.051(1) (2023).

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Life Insurance: Better to have it and not need it than to need it and not have it.

Life insurance proceeds designated to a named beneficiary are non-probate assets, meaning they cannot be transferred through a will or Texas intestate laws. While many attorneys include life insurance policy details in wills, these references are informational only and cannot be used to distribute these proceeds through probate. “A life insurance policy, annuity contract, or other

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By Arati Bhattacharya

tional documentation to be fully ready for this new juncture in a family’s life.

Once midnight hits and children become full-fledged legal adults, health and financial information is immediately protected by the Health Insurance Portability and Accountability Act (“HIPAA”) and other privacy laws, just like any other adult. Unless parents have proactively guided their children in granting legal authority or even basic access to personal information to trusted adults, family members cannot support adult children during a crisis or incapacity or access medical information if an adverse scenario unfolds.

This underscores the importance of clear counsel: with prior planning and intention, parents can shepherd their urning 18 marks a major mileadult children through this transition so stone in a child’s life. It marks trusted adults can assist during future the beginning of adulthood crises. and introduces new rights and The first step is educating adult chilresponsibilities—the right to dren on privacy laws that become efvote, the sweet taste of freefective upon turning 18 dom, and the opportunity to and encouraging them to leave for college. Minors ofthoughtfully consider who ten feel palpable joy as they they want to act on their ...family behalf during a crisis. To approach this milestone. It may be simultaneously bitmembers avoid doubt, parents should tersweet for parents who view clearly communicate that cannot support this independence with mixed despite being their legal emotions. This spectrum of adult children parents, they will not be emotions is justified. And in during a crisis able to make medical decithe beautiful chaos of reachsions for their adult chilor incapacity or ing this milestone and all the dren or have access to their transition it brings, families access medical health records unless the often overlook the immediate adult children create docuinformation if and irreversible legal implicaments giving that power to tions of reaching adulthood, an adverse sce- their parents. Indeed, much either because they are unchanges at the stroke of nario unfolds.” midnight. known or less appealing to consider in the face of thrillInherent in their ongoing ing adventure. This article, drafted by role as advisors, parents should facililawyers for lawyers, serves as a reminder tate open dialogue regarding what their that we can provide important counsel adult children want to happen in varito our clients at this precipice to protect ous medical scenarios. If they become families from the imminent legal realiincapacitated, who do they want to make ties that arise at the stroke of midnight decisions on their behalf? Do they know when children turn 18. While there are what a ventilator is and whether they solutions to maintain the status quo, it would want one? What about a feeding requires honest discussion and intenor hydration tube? Would they want to

New Privacy Realities at the Stroke of Midnight:

Financial and Medical Documentation for Adult Children Turning 18

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be resuscitated? Who would the adult children want to have access to them in case of an accident or an illness? The answers to these questions inform the details for a healthcare directive and medical power of attorney.

Parents should initiate a similar conversation about finances. Do parents know which financial accounts their children have—and how many? If the adult children are in college, how will parents or another trusted adult access their children’s accounts to stop tuition payments or housing payments if necessary? Can a trusted adult access the adult child’s checking account if bills need to be paid? These answers will guide the creation of a durable or financial power of attorney.

Once parents and children have explored these difficult conversations with honesty and intention, parents should emphasize the need for their adult children to have legal documentation in place so their wishes are honored. An adult child’s legal plan should include the following essential documents.

HIPAA Authorization. HIPAA is designed to protect patient privacy. Once someone turns 18, their medical information is protected under HIPAA, and healthcare providers are prohibited from disclosing it to anyone without the patient’s explicit consent, including parents and family members. By signing a HIPAA authorization, adult children can ensure that parents or other trusted adults can speak with doctors, access their medical information, and receive updates on their condition. A HIPAA authorization can be invaluable during medical emergencies when swift access to medical records is critical. It can also be a valuable tool for young adults who may simply appreciate a family member’s ability to speak to their doctors when they’re not feeling well or are overwhelmed with the demands of work or college.

Healthcare Power of Attorney. A healthcare power of attorney grants someone the authority to make medical

decisions for someone who is unable to do so, such as decisions about medication and treatment options, nutritional needs, and life-support measures. This ensures that adult children receive the care they want, even if they cannot communicate their preferences.

Advance Directive. An advance directive complements a healthcare power of attorney and outlines a person’s medical treatment preferences in various scenarios, ensuring their wishes are respected, including end-of-life care and whether they want to receive life-sustaining treatments. Documenting these preferences can provide clarity and guidance during difficult times, ensuring that their wishes are honored.

General Durable/Financial Power of Attorney. A durable or financial power of attorney allows an adult child to appoint someone to manage their financial affairs if they need help or are unable to do so themselves. Without this document, parents may struggle to help with finan-

cial matters.

Navigating the transition to adulthood can be challenging but understanding the immediate and irreversible legal changes that come with turning 18 can help parents support and guide their new adult children. Adult children may choose someone other than their parents to serve in these legal capacities, but of utmost importance is that adult children have designated people of their choosing to manage financial and medical matters on their behalf when they are unable to do so.

Arati Bhattacharya, owner, founder, and attorney of AB Law, PLLC, a fullservice business and estate planning law firm that serves clients throughout Texas. All consultations are free and no question is too silly, ridiculous, or complex.

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By Judge Gloria E. López

5 Things All Lawyers Should Know About Family Law:

A Judge’s Perspective

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amily law is the one practice area where the courtroom feels less like an arena and more like a crossroads where law and life intersect. In other areas of law, parties may argue over contracts, corporations, or insurance claims. In family court, what hangs in the balance are people’s homes, children, and stability.

The outcomes follow them into their daily lives, shaping the rhythm of school mornings, the financial balance of a household, and the emotional well-being of a child.

As a judge, I see that reality every day.

I see families at their most vulnerable: people navigating heartbreak, disappointment, and fear while trying to comply with legal procedures that often feel foreign and cold. I also see some of the most dedicated lawyers in our profession, those who carry not only their client’s case file but also their client’s hope.

Even if you never handle a divorce, custody dispute, or enforcement case, there are lessons to be learned from family law. This area of practice demands the full measure of a lawyer’s skills: legal knowledge, emotional intelligence, preparation, civility, and ethical grounding. The lessons from family court apply across the profession because no matter what type of law you practice, you are ultimately serving people whose lives will be changed by your advocacy.

Here are five things every lawyer, regardless of specialty, should know about family law.

1. Family Law Is the Most Human Form of Law It is easy to forget that every case file once had a heartbeat. Every pleading represents a person who loved, trusted, and built a life that is now unraveling.

Family law forces us to see the human dimension of the law in its rawest form.

In these cases, emotions are not incidental, they are evidence. A parent’s tone during testimony, the willingness to co-parent, or the refusal to communicate all reveal something deeper about that person’s ability to act in a child’s best interest. A lawyer who ignores the human side of a case risks missing the heart of it.

Family lawyers wear many hats: advocate, counselor, and interpreter of human behavior. They must translate chaos into facts, fear into strategy, and heartbreak into order. The most effective advocates never forget the humanity in front of them.

From the bench: I notice when a lawyer humanizes their client. I see the difference when counsel takes time to prepare

lawyers are those who make the record a nervous witness or reminds a client to easy to follow. When testimony, exhibits, stay calm and composed. I also notice and arguments are cohesive, I can focus when a lawyer weaponizes emotion or on credibility and substance. When I uses the courtroom as a place for release must sort through confurather than resolution. The sion or contradiction, the lawyers who stand out are strength of the argument those who bring calm to the gets lost. storm, understanding that The best Effective advocacy in the courtroom can either be a place of healing or a place lawyers family law is rarely about of harm. understand that theatrics. The lawyers who earn lasting respect are The best family lawyers are the court is not those who remove friction not those who win the most hearings but those who help their adversary. from the process. They communicate clearly, anthe court reach just and susThe judge is the ticipate evidentiary issues, tainable resolutions. They finder of fact, the and keep the case moving respect the record, honor the process, and never lose keeper of order, forward. They do not perform for the gallery; they sight of the people behind the and the guard- perform for the integrity of pleadings. ian of fairness. the record.

Your professionalism in 2. Preparation Reflects Thorough prepapresentation reflects your Professionalism ration allows the client’s credibility. When Family law moves quickly.

Hearings are short, dockets court to focus on the court sees a lawyer who is orderly, respectful, and are full, and lives hang in the the merits of the organized, it signals that balance. In this environment, the absence of preparation is case and pro- their client is the same.

That alignment of preparaglaringly visible. motes fairness tion, tone, and clarity can The best lawyers underfor all parties.” quietly influence the outstand that the court is not come in ways that no single their adversary. The judge is objection ever could. the finder of fact, the keeper of order, and the guardian of fairness. Thorough 3. Judicial Discretion Is Broad but Not preparation allows the court to focus on Boundless the merits of the case and promotes fairOne of the defining features of family law ness for all parties. is judicial discretion. The Texas Family Lawyers who organize their exhibits, Code grants trial courts broad authority narrow their issues, and come ready to make determinations on custody, visiwith proposed orders make it easier for tation, and property division. However, the court to focus on substance rather that discretion exists within a framethan logistics. The lawyer who arrives work. It is guided by law, evidence, and late, has not reviewed discovery, or does the court’s assessment of credibility. not know the procedural posture of the Lawyers sometimes assume that famcase does a disservice to both the client ily judges rule by instinct. Nothing could and the court. be further from the truth. Every ruling, Helping the court does not mean cureven those that appear discretionary, rying favor. It means creating clarity. It must be grounded in the record. The means stipulating where possible, offer“best interest of the child” standard, for ing workable solutions, and presenting example, is not a guess; it is a structured, evidence in a clean and efficient manner. multifactor analysis informed by decades From the bench: The most persuasive

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of jurisprudence.

From the bench: I often rely heavily on the way a lawyer organizes the evidence.

When lawyers help me see the connection between testimony and the legal standard, it strengthens the record and protects the outcome on appeal. When they do not, the court must bridge those gaps—a result that seldom benefits the client.

Judicial discretion is a responsibility, not a privilege. Lawyers who recognize that and present their cases with fairness and precision help the court exercise that discretion responsibly.

The best advocates also know how to manage their client’s expectations about discretion. A parent who believes that “the judge will just know what’s right” sets themselves up for disappointment.

It is the lawyer’s role to explain that fairness is achieved through process, not intuition.

Judicial discretion is most effective when the record speaks clearly for itself.

Lawyers who present organized, factdriven cases enable the court to render decisions grounded in evidence rather than assumption.

4. Civility Is Advocacy Few areas of law test professionalism like family law. The stakes are intimate, emotions high, and patience short. Yet even in the most volatile cases, civility remains one of the most powerful tools of persuasion.

Passion is welcome in family court.

Disrespect is not. The way a lawyer conducts themselves, both in and out of the courtroom, directly impacts credibility.

Judges see the eyerolls, hear the sighs, and notice the tone. What may feel like harmless frustration often reads as contempt.

From the bench: I can recall hearings where one lawyer’s composure completely shifted the temperature of the room.

Their calm created space for reason to reenter. I have also seen hearings derailed by a lawyer’s inability to contain emotion. Once professionalism gives way to

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performance, the case loses its anchor.

Civility is not weakness—it is control.

It is the ability to argue forcefully without hostility and to object firmly without disrespect. The most skilled advocates know how to strike that balance.

Family court is a small world. Reputations travel. Judges remember who conducts themselves with dignity and who makes the process harder than it needs to be. The lawyer who is consistently professional, even when provoked, will always have an advantage.

Civility also models behavior for the clients watching. When parents see their lawyers treat each other with respect, it sets a tone for how they might interact outside of court. Professionalism in the courtroom often becomes the first step toward peace at home.

5. Orders Are Living Documents When a family law case ends, the ruling does not stay in a file, it lives in someone’s daily life. The decree or order you draft becomes the roadmap for how par-

ents exchange children, share expenses, and communicate about medical decisions. Every vague clause becomes a future motion to enforce. Every missing deadline becomes a source of conflict.

As lawyers, it is easy to see the signing of an order as the finish line. From the bench, I see it as the start of the next chapter. The quality of your drafting determines whether that chapter begins with peace or confusion.

From the bench: I urge lawyers to write as if their client’s former spouse or the next judge will need to understand every word without explanation. Clarity is kindness. Precision is professionalism.

The best family lawyers draft with the lived experience of families in mind.

They think about how families will apply those words in daily life, at school pickups, medical appointments, and holidays. They use language that is clear, practical, and easily understood by the people who must live under the order.

Judges appreciate orders that leave no

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room for interpretation. Clear orders make enforcement easier, reduce postjudgment conflict, and save families time and money. A clear order is a quiet form of compassion. It prevents future litigation and future heartbreak.

Closing From where I sit, family court is a place of constant learning–about people, about law, and about ourselves. Each day reminds me that justice is not measured by the length of a hearing or the complexity of a ruling, but by the dignity we preserve in the process.

The best family lawyers are not only advocates. They are also translators of human experience. They take the pain and chaos of family conflict and organize it into something the law can understand. They remind their clients and the court that even when a family changes shape, it can still function with fairness and respect.

When lawyers enter family court prepared, professional, and grounded in em-

pathy, they elevate the entire profession.

They turn the courtroom from a battleground into a bridge.

Family law is often described as the emotional side of the law. I believe it is also the most honest side; it forces us to confront the limits of law and the depth of humanity. It reminds us that justice is not sterile, it is lived, felt, and experienced in real time.

The measure of justice in family law is not only in what we decide but in how we decide it. When lawyers and judges bring clarity, compassion, and professionalism to that process, we do more than uphold the law. We honor it, and in doing so, we honor the people it serves.

Judge Gloria E. López serves as the presiding judge of the 308th Family District Court in Harris County and holds dual board certification in Family Law and Child Welfare Law.

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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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Houston Legal Community Unites for Pro Bono at 76th Annual Harvest Party

T

hank you to the generosity of the Houston legal community for your support of the 76th Annual Harvest Party. 100% of net proceeds benefit Houston Volunteer Lawyers. Below are a few photos from the event, held on November 10 at the River Oaks Country Club. View all of the photos at hba.org/harvest.

Photos by Deborah Wallace, Barfield Photography

(L to R) HBF Chair Sara Keith and HBA President Daniella Landers served as co-chairs of the 76th Annual Harvest Party.

HBF Chair Sara Keith with her husband, Jason.

HBA President Daniella Landers with her son, Morgan.

HBF Chair-Elect and HBA Past President Benny Agosto, Jr. with Harvest Party attendees.

HBA First Vice President Collin Cox (center) with his wife Jacquelyn (left) and Harvest Party attendees.

(L to R) Texas Supreme Court Justice Jane Bland with her husband, Doug, Sandy Sales, and HBA Past President and HBF Former Chair Travis Sales.

South Texas College of Houston Law President and Dean Reynaldo “Rey” Anaya Valencia (left) and University of Houston Law Center Associate Dean for Alumni & Community Relations Sondra Tennessee.

HBA Member Jessica Crutcher was the winner of this year’s special auction, taking home 9-week- old Black Labrador puppy, Justice. All net proceeds from the auction benefit HVL.

HBA President Daniella Landers poses with members of the 5th HBA Ambassador Class. (L to R) Jordyn Rystrom Emmert, Adriana Merlan, José Molina, Natasha Alexander, Lucia Zhan, Cassie Maneen, Jason Kim, Gabriela Alvarez, Paulina Rudnicka Mauro, Derrick E. Anderson, Patricia Limón de Rodríguez, David Davis, Jr., and Élan “MoJo” Moore-Jones.

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76

th Annual

Harvest Party Thank you to the underwriters of the 76th Annual Harvest Party!

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Halliburton Harris County Robert W. Hainsworth Law Library HBA Family Law Section HBA Real Estate Law Section Hewlett Packard Enterprise JAMS Jim Adler & Associates Jones Day Kane Russell Coleman Logan PC King & Spalding LLP Kirkland & Ellis LLP McGuireWoods LLP Miles Mediation & Arbitration W. Michael & Laurie D. Moreland Munsch Hardt Kopf & Harr, P.C. O’Melveny Pillsbury Winthrop Shaw Pittman LLP Quanta Services Quinn Emanuel Urquhart & Sullivan; Karl Stern Reed Smith LLP Shipley Snell Montgomery LLP Shook, Hardy & Bacon L.L.P. Sidley Austin LLP Simpson Thacher & Bartlett LLP Steptoe LLP Stone Hilton PLLC Susman Godfrey LLP Willkie Farr & Gallagher LLP Wright Close & Barger, LLP Yetter Coleman LLP

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Veteran Spotlight

Amy Abbott: From Combat Camera to the Courtroom

A

The Houston Lawyer

By Anna archer

worked to connect veteran students from the three local law schools, my Abbott lives a life of service. First, she served her counas well as veteran attorneys, “to strengthen both professional opportry. Now, she serves the student veterans at University of tunities” and the general sense of community. The association has Houston Law Center (UHLC) where she is currently enalso worked closely with the HBA’s rolled. After graduation, Military and Veterans Committee, she will serve children in which Amy says “plays a vital role in need. Amy initially joined the milisupporting our veterans’ law school tary to pay for college, and ended up journeys” by providing mentorship earning an undergraduate degree, and networking opportunities and masters degrees, and—soon—a by partnering with the association doctor of jurisprudence. Through it on service initiatives. all, she has focused on “serving othAfter law school, Amy will be ers in a meaningful way.” working with the nonprofit GeneraAmy retired from the military tion to Generation, an organization after first serving in the Army and dedicated to improving the lives then transferring to the U.S. Air Force, where she served for 23 years. Abbott (second from left) poses with U.S. Magistrate Judge Yvonne Ho and of children. Amy is driven to “help her team during Abbott’s 1L summer internship with Judge Ho. young people navigate challenges, acHer primary field was strategic comcess critical resource, and create pathways to stability and success.” munications. She spent a significant portion of her career documentShe is confident that UHLC has equipped her “to be a powerful legal ing military operations as a team leader on a project called “Combat advocate for those whose voices are too often unheard.”

Camera.” Amy attributes her ability to “remain calm under pressure, Amy encourages any veterans who are considering law school to think clearly in high-stakes situations, and adapt quickly to changpursue it, noting that veterans are already equipped “to handle the ing circumstances” to her military career. Additionally, the “discirigor and thrive in collaborative and high-stakes environments,” and pline, resilience, and commitment to teamwork that are ingrained in law school allows them to continue their devotion to serving others— military service” allow her and other veterans “to thrive and support minus the element of danger inherent in military service. She points those around them.” The skills, perspective, and dedication Amy deout that veteran lawyers are able to “apply the same sense of duty, veloped during her military service, as well as the abilities she honed commitment, and integrity that guided their military service” so that while participating in demanding projects, will serve her well in her they can have a “tangible, positive impact” on the lives of others. Amy future legal career. exhibits that sense of service and devotion in all of her endeavors.

After Amy retired from the Air Force, she decided to pursue a law deThank you, to Amy, for her past, present, and future service. gree so that she could continue serving her community by advocating for others and addressing system inequities. She has enjoyed her law school experience, which includes serving as president of the UHLC Anna Archer is senior counsel at Hicks Thomas. She is a member Veterans Association for two years. According to Amy, the association of the editorial board of The Houston Lawyer and is the host of the “provides students with a supportive community of peers who share publication’s companion podcast, Behind the Lines: The Houston similar experiences.” During her tenure with the association, it has Lawyer Podcast.

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thehoustonlawyer.com

A Profile

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

W

Lesley Briones

Commissioner, Harris County Precinct 4

hen I was pregnant with my first child while working in big law, I sought guidance from a successful female partner who was also a mother. “Having kids is career suicide,” she said. I was struck by her judgment, unprofessionalism, and lack of support.

This is one example in my story, but I’ve had countless instances and conversations with fellow lawyers about the lack of respect they have been shown by their bosses and peers alike—whether it’s the way partners speak to junior attorneys or opposing counsel or paternalistic harassment about a woman’s appearance in the courtroom (which even happened to me when I was a judge). This culture of disrespect is unacceptable.

Professionalism and respect go hand in hand. It’s how we work together with our colleagues, clients, and the community. Whether we agree with someone or not, respecting them fosters constructive dialogue, problem-solving, and teamwork.

Today, as a Harris County Commissioner, my commitment to respect continues to guide me. Respect for taxpayers means delivering timely, high-quality public service and using every dollar responsibly. Respect for colleagues means finding common ground to deliver solutions, even when we disagree, and never resorting to name-calling or bullying. And respect for our community means showing up—for working families, for children, for seniors, and for those who have too often been overlooked.

In today’s political climate, where bullying is too often mistaken for strength, professionalism rooted in respect can appear to be a disadvantage. Yet, as lawyers, it is our responsibility to uphold that respect and civility. It’s the only lasting way to build a stellar career, restore trust, and move our communities—and our country—forward.

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OFF THE RECORD

Ruben R. Perez:

R

Tejano Music Hall of Famer

The Houston Lawyer

By Judge Josefina M. Rendón

phone. He grew up listening to his father sing with his unuben R. Perez is a multi-generational Texan born cle, Fred Zimmerle, an icon in the conjunto genre. He would and raised in Seguin, Texas. He has been married hear them play music at his uncle’s house in San Antonio on to Marisela for almost 50 years and is the proud faSundays, where musicians ther of Matthew would visit and play music and Adriana, both all day long. lawyers. Perez retired from At 15, he started playing public service in December with Sixto Sanchez and the 2024 after a 44-year career.

Broken Hearts band after He prosecuted thousands of his brother left the band. cases as an assistant city atThe Broken Hearts recorded torney for the City of Housseveral songs and played ton (1980-1981), a Harris all over Texas, Oklahoma, County assistant district and the northern states. attorney (1981-1992), and Migrants from Texas would an assistant United States travel north to work the attorney (1992-2017). From fields. Promoters would February 2017 to December then import Tejano music 2024, he served the Harris Ruben Perez poses with his Broken Hearts bandmates (back row, second from left). and would play for that tarCounty District Attorney’s get audience. Ruben spent the next two summers up north Office as chief of the Special Crimes Bureau. Today, Perez playing in those states. serves of counsel with the Reynal Law Firm.

Perez successfully prosecuted several high-profile cases, Then, tragedy struck in 1967 when, returning to Seguin including the prosecution of five defendants who burned a from a performance in Abilene, the Broken Hearts had a tercross at the home of a Black family in Katy, Texas. He was rible traffic accident in Brady, Texas. Perez and Sixto Sanchez, also the lead prosecutor in the largest human trafficking case the band’s vocalist, were seriously injured. Sixto passed away ever prosecuted in the continental United States, in which soon after from his injuries, and Perez was hospitalized in over 100 victims of human trafficking were rescued. Over the traction for three months, before being placed in a body cast years, Perez has received many accolades and awards for his for 10 months and in braces and crutches for several months excellent work. He has also taught about civil rights, human thereafter. Because of the accident, he missed his junior and trafficking, and criminal justice both in the United States and senior years of high school but eventually returned to high internationally. school and graduated. Upon returning to high school, he resumed playing.

In addition to his illustrious career, Perez is a prolific Tejano musician. Since 1991, he has also been a proud inductee After graduation he went to Southwest Texas State Uniof the Tejano Music Hall of Fame, thanks to his involvement versity in San Marcos, graduating in 1974. While at the unias a saxophonist for the Broken Hearts, a Tejano band origiversity he still played with different bands. Finally, in 1991, nally formed in 1958 out of Seguin, which made Tejano music Perez was deservedly honored as he and the members of the history.

Broken Hearts Band were inducted into the Tejano Music Hall Born into a music-loving family, Perez started playing the of Fame. saxophone in the sixth grade. By 14, he started to play professionally. He became interested in music because his father, a Judge Josefina M. Rendón is a 1976 graduate of the University World War II era veteran who loved music and played the bajo of Houston Law Center and a longtime member of The Houston sexto, encouraged both Perez and his brother to play the saxoLawyer editorial board.

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35

COMMITTEE SPOTLIGHT

Advancing Belonging & Cultures Committee:

T

A Legacy of Inclusion, Leadership, and Opportunity

The Houston Lawyer

By Teresa D. Hudson

he Houston Bar Association’s Advancing Belonging and Cultures (ABC) Committee—formerly known as MOILP, D&I, and DEI—has been a driving force for equity in the legal profession since its founding in 1990. Created by HBA President Pearson Grimes and led by inaugural co-chairs Anthony Sadberry and the Honorable Lupe Salinas, the committee was born out of a vision to provide employment and mentoring opportunities for underrepresented first-year law students from Houston’s three law schools.

After completing my first year in law school, I participated in the Minority Opportunities in the Legal Profession Committee (MOILP) program through a summer internship at a local international labor and employment law firm. The internship prepared me for life as a lawyer and opened doors for my legal career. For many years after my introduction to the MOILP, I continued to participate in the program offerings by attending the annual conference and growing my network of attorneys in other practice areas. I am proud to say that those relationships have lasted for over 20 years and have continued to benefit my growth as a lawyer.

Over the years, the committee has evolved in name and scope, but its mission has remained steadfast. From its early days, leaders like Judge Hannah Chow (1991–1992) and Charic Daniels (1992–1993) laid the groundwork for impactful programming, including the Statement of Hiring Goals and partnerships with Communities In Schools Houston.

Tom Brandt (1993–1994) expanded the committee’s reach by establishing four subcommittees focused on clerkships, mentoring, business development, and diversity education. Under his leadership, the committee launched its first Diversity Institute aimed at law firm and corporate leadership, titled Diversity as a Management Tool.

Throughout the 1990s and early 2000s, chairs such as Lonnie Knowles, Scott Rozzell, Linda Broocks, Deon Warner, Stephen Chan, and Susan Sanchez continued to build momentum. Their efforts led to the implementation of paid internships, expanded CLE programming, and the development of mentoring networks that paired minority law students with seasoned attorneys.

The committee’s Summer Clerkship Program became a cor-

36 November/December 2025

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nerstone initiative, placing over 900 clerks between 1998 and 2025. Notable contributors to this success include Pauline E. Higgins, who moderated several Summer Associate Luncheons, and Travis Torrence of Shell Oil, who served as a longtime mentor and moderator for key events.

In 2004, the committee received national recognition with the American Bar Association Partnership Award for its exemplary clerkship and mentoring program. The committee’s events— such as the etiquette seminars, writing workshops, and annual luncheon—have featured distinguished speakers including Judge Kenneth Hoyt, Judge Yvonne Ho, and Professor Darnell Weeden.

Recent years have seen the committee adapt to changing societal and legal landscapes. Under the leadership of HBA presidents, the committee underwent name changes to reflect evolving priorities. Under President Benny Agosto, Jr. (2019-2020), the committee’s name changed from MOILP to D&I, then to DEI under HBA President Jennifer Hasley (2021-2022), and now, with HBA president, Daniella Landers (2025-2026), the committee is known as Advancing Belonging and Cultures, or “ABC.” Despite challenges, including shifting public sentiment around DEI initiatives, the committee has remained resilient. In 2025, the committee placed 34 clerks with 15 employers and hosted a well-attended Summer Associate Luncheon featuring professors Emily Berman, L. Darnell Weeden, and Brian Klosterboer. The committee continues its mentoring efforts, pairing law clerks with high school interns through the CIS program.

With a legacy built by visionary leaders and sustained by passionate volunteers, the ABC Committee stands as a testament to what the legal community can achieve when it commits to belonging, equity, and opportunity. As it enters a new chapter, the committee remains a vital force in shaping a more inclusive future for Houston’s legal profession.

Teresa D. Hudson is a partner in the employment and labor group at Munck Wilson Mandala, LLP and an NIL educator and advisor in the firm’s NIL practice group, WeAreNIL. She is the 2025-2026 cochair of the HBA Advancing Belonging and Cultures Committee and a member of The Houston Lawyer editorial board.

Section Spotlight

Built for Us, by Us:

S

Introducing the HBA Solo & Small Firm Section

By Melanie Bragg and Jaclyn I. Barbosa

olo and small firm practice is a balancing act: serving clients, running a business, and still finding trusted colleagues. The Solo & Small Firm Section (SSF) exists to make that easier.

Join us to grow a reliable referral circle, grab practical tools you can use the same day, and plug into a community that understands both trials and term sheets.

We launched this Bar year with 100+ members, and SSF is growing by design, so programming, mentorship, and referrals scale with the need of our members. Before the official Bar year began, SSF threw an impromptu Summer Party at The Rustic. We were excited at the overwhelming response. McKnight Law and Arosa sponsored the event while Harris County District Clerk Marilyn Burgess came and shared tips on the online attorney kiosk. Our official kickoff event at Gray Reed featured remarks from State Bar of Texas President Santos Vargas and sponsors Braintek and Hopkins Centrich.

The goal was clear: create a section that reflects how Houston lawyers actually work—fast, collaborative, and client-focused across practice areas.

The message was simple: small teams can build “dream-team” collaborations that compete with larger firms and still respect client budgets.

The new section aligns with HBA President Daniella Landers’ emphasis on people, service, and collaboration, including her initiative to create this section. That institutional support matters; it signals that the HBA intends to invest in the needs of the majority of lawyers who practice in lean settings, not as an afterthought, but as a core constituency.

Why join SSF? Join for practical tools and real relationships. You’ll meet colleagues who share work and ideas, attend tight programs with usable takeaways, and help shape future topics so the section stays relevant to litigation, corporate, and estate planning practices. Come to a program, introduce yourself to the officers, and tell us the two matters you most often refer out. This single conversation usually leads to the right introductions.

SSF welcomes litigators, probate and estate planning, deal lawyers, and colleagues in government, in-house, and small local offices of national firms who work with small teams. We also partner with other HBA sections when issues live at the seams.

Members can expect referral-minded connection and short, highvalue programs you can use the same day. We start with real needs from members. Sessions run 45–60 minutes, emphasize plain talk

and concrete examples, and avoid sales pitches. When a subject moves quickly, we plan miniseries so members can follow the changes over time.

Dues are $20. Add Solo & Small Firm Section to your HBA membership to receive event announcements and section updates, including details about the Solo & Small Firm Summitt.

If you want a steadier referral bench and faster, cleaner workflows— whether in court, at the closing table, or drafting wills—join SSF. Practical help, real colleagues, and a section built around how Houstonians practice.

Save the date: SSF Summit on March 6 On Friday, March 6, 2026, SSF will host a one-day summit for both litigators and transactional and estate-planning practitioners. Expect focused workshops, peer roundtables, and lightning round talks you can put to work on Monday. Plus, structured networking that builds books of business. Registration will run through the HBA at hba.org. Sponsors may contact the SSF co-chairs.

2025–2027 SSF Officers & Directors We greatly appreciate our 2025-2027 officers and directors who are spearheading this important initiative.

• Co-Chairs: Melanie Bragg (Bragg Law, PC); Ken Krock (Rapp & Krock, P.C.) • Co-Chair-Elects: Mike Day (Day Family Law, PLLC); Colleen McKnight (McKnight Law PLLC) • Treasurer: Eric D’Olive (Emmanor Group Inc.) • Secretary: Jaclyn Barbosa (Jaclyn I. Barbosa, Attorney at Law, PLLC) • CLE Program Chair: Jason Keith (Keith Law, PLLC) • Directors: Deshonda P. Charles; Todd Frankfort; Jennifer A. Hasley.

Melanie Bragg is the 2025–2027 Solo & Small Firm Section co-chair.

She practices at Bragg Law PC and is a mediator, an author, and the former chair of the ABA Solo, Small Firm & General Practice Division.

Jaclyn I. Barbosa is tthe 2025–2027 Solo & Small Firm Section secretary. She is a solo litigator serving entrepreneurs, creators, small businesses, and families with practical counsel for deals, disputes, and family matters. She is also on The Houston Lawyer editorial board. thehoustonlawyer.com

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LEGAL TRENDS

In re Gothard: An Examination of the Ecclesiastical Abstention Doctrine

I

The Houston Lawyer

By Lauren Harbour

n re Gothard1 tests the boundaries and limitations of the ecclesiastical abstention doctrine. According to the Texas Supreme Court, the doctrine does not protect religious leaders and their organizations from committing crimes. In denying this original proceeding, arising from the denial of a Rule 91a Motion to Dismiss, the court affirmed that relators—Bill Gothard, former leader of religious organization Institute of Basic Life Principles (IBLP)— could not hide behind professed religious beliefs to shield their conspiracy to commit sexual assault, and that real parties in interest, Pheobe Merritt and Abigail Doty, sufficiently pled a conspiracy claim against Gothard and IBLP. Separation of church and state is not and has never been a lawful mechanism for the violation of fundamental civil rights.

This case arises from a decade of sexual assault of two young girls, victims at the hand of their father and brother, whose family was part of the IBLP organization. Through the 1980s–90s, Gothard created, controlled, and established IBLP, which included strict, mandatory instruction for his followers to employ the “Seven Basic Life Principles” in their homes. These documents and statements focused on extreme patriarchal authority, which allowed Gothard and IBLP to create a network for sexual predators. Gothard himself is always at the top of every hierarchy chart, second only to God. Under IBLP instruction, young girls were taught to never question male authority, but also if they did

38 November/December 2025

not cry out against sexual abuse then it was actually their fault; all families were taught to fear law enforcement agencies, including CPS; and boys were trained from young ages to be dominant and aggressive toward all females, particularly their mother and sisters.

What was unspoken—and the focus of the victims’ case—is Gothard and IBLP’s conduct underlying these teachings. As a result of the IBLP program, created under Gothard’s sole authority, young girls were groomed to be complicit victims of sexual assault by male members of their family or other IBLP authorities, including Gothard himself.2 Hiding behind “religious beliefs,” Gothard and IBLP planned and facilitated the opportunity and cover-up of these heinous crimes.

The victims courageously filed suit against their father and brother for sexual assault, and Gothard and IBLP for conspiracy to commit sexual To assault.3 support their civil conspiracy claim, the victims pled that the purpose of the conspiracy was to create and maintain conditions that fostered sexual abuse of young females by male family members, recruit and procure girls and young women for sexual abuse, and conceal the abuse from law enforcement. Specifically, the victims’ brother and father joined this ongoing conspiracy, received instruction and training, and committed tortious acts in furtherance of the conspiracy, including sexually assaulting the victims, negligently failing to protect the victims from sexual abuse, and concealing the sexual assaults of the victims.

Gothard and IBLP filed motions to dismiss pursuant to Texas Rule of Civil

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Procedure 91a, arguing that the victims’ civil conspiracy claim was barred by the First Amendment’s freedom of religion.

The trial court denied both motions, and Gothard and IBLP filed a petition for writ of mandamus in the Twelfth Court of Appeals (Tyler). The court of appeals denied mandamus relief, determining the victims’ civil conspiracy had a basis in both fact and law and were not barred as a matter of law under either the First Amendment or the ecclesiastical abstention doctrine.4 Gothard and IBLP filed a joint petition for writ of mandamus with the Texas Supreme Court urging relators’ civil conspiracy claim should be dismissed because (1) it is barred by the First Amendment or the ecclesiastical abstention doctrine, and (2) the original petition fails to provide sufficient facts to support a civil conspiracy claim.

The former was the primary issue before the court. The ecclesiastical abstention doctrine originates from the First Amendment’s protections against Congress from making laws against a religious establishment or that would prohibit the free exercise of religion.5 Specifically, courts cannot inquire into matters that concern “theological controversy, church discipline, ecclesiastical government, or the conformity of the members of the church to the standard of morals required of them[.]”6 However, the doctrine does not bar all claims. After all, churches and their congregations “exist and function within the civil community” and must be “amenable to rules governing property rights, torts, and criminal conduct.”7 At its core, even if religious conduct is involved, the ddoes not apply if the court

LEGAL TRENDS

can apply neutral principles of law that will not require inquiry into religious doctrine, interference with the free-exercise of rights of believers, or meddling in church government.8 After full briefing, the Texas Supreme Court, in denying Gothard and IBLP’s writ of mandamus, agreed that neutral principles could be applied to analyze Gothard and IBLP’s conduct supporting Pheobe and Abigail’s conspiracy to commit sexual assault claim, even if it was religiously motivated. In other words, Pheobe and Abigail’s claim was not inextricably intertwined with Gothard and IBLP’s religious beliefs. Texas’ high court affirmed that Pheobe and Abigail’s petition had a basis in both law and fact and the trial court did not abuse its discretion in denying Gothard and IBLP’s respective motions to dismiss. As a result, Pheobe and Abigail have the opportunity to pursue their conspiracy claim against Gothard and IBLP in the trial court and their case can move forward with litigation.

Chief Justice Blacklock authored a dissenting opinion, which was joined by justices Devine and Sullivan.9 The dissent postures that Gothard and IBLP’s religious beliefs—regardless of veracity—are inextricably intertwined with the victims’ conspiracy claim.10 In other words, the dissenting justices believed that allowing the claim to proceed would put these beliefs on trial—an area unquestionably protected by the Constitution.12 Because the dissenting justices would have removed all mention of Gothard and IBLP’s beliefs from the petition, Blacklock questioned whether the remaining allegations were sufficient to factually support the conspiracy claim.13 Ultimately, however, the majority of the court determined the conflict centered on the illicit, criminal conduct, even if religiously motivated, which is afforded no constitutional protection. The court’s denial of mandamus establishes important precedent for victims of tortious, criminal conduct occurring in re-

ligious forums. Our Texas Constitution affords Texas citizens that much: “the free exercise of religion does not go so far as to be inclusive of actions which are in violation of social duties or subversive of good order. Although freedom to believe may be said to be absolute, freedom of conduct is not and conduct even under religious guise remains subject to regulation for the protection of society.”13 Lauren Harbour is of counsel at Durham, Pittard & Spalding, LLC, an appellate boutique law firm located in Dallas, Houston, and Santa Fe, which focuses on civil appeals and litigation support for trial attorneys. Before private practice, Lauren served as a law clerk to Justice David Medina on the Texas Supreme Court. Outside the law, Lauren is a passionate homeschool teacher, fourth generation artist, and avid snow skier along with her husband and four children.

Endnotes

1. In re Gothard, No. 24-0236, ___ S.W.3d ___, 2025 WL 1774463 (Tex. Jun. 27, 2025) (orig. proceeding). Gothard and IBLP filed a Motion for Rehearing on August 13, 2025. As of the time of publication, no briefing has been requested from Real Parties in Interest and the Motion is still pending before the Texas Supreme Court.

2. Gothard was finally removed from IBLP leadership in 2014 due to public revelation of rampant sexual abuse and harassment of girls and young women in the course of his IBLP work.

3. The victims also alleged civil conspiracy to commit sexual assault against the International A.L.E.R.T. Academy, which is IBLP’s paramilitary training program for boys beginning at age eight. ALERT is not part of this original proceeding.

4. In re Gothard, Nos. 12-23-00296-CV, 12-23-00307CV, 2024 WL 739785, at *8 (Tex. App.—Tyler Feb. 22, 2024) (orig. proceeding).

5. Masterson v. Diocese of N.W. Texas, 422 S.W.3d 594, 601 (Tex. 2013).

6. Serbian E. Orthodox Diocese for U.S. of Am. And Canada v. Milivojevich, 426 U.S. 696, 713–714 (1976).

7. In re Roman Catholic Diocese of El Paso, 626 36, 42 (Tex. App.—El Paso 2021, no pet.) (quoting Williams v.

Gleason, 26 S.W.3d 54, 59 (Tex. App.—Houston [14th Dist.] 2000, pet. denied)).

8. In re Lubbock, 624 S.W.3d 506, 512–13 (Tex. 2021).

9. In re Gothard, ____ S.W.3d ____, No. 24-0236, 2025 WL 1774463 (Tex. Jun. 27, 2025) (Blacklock, C.J., dissenting). Justice Young did not participate.

10. Id. at *2–3.

11. Id. 12.Id. at * 3 n.1.

13. In re Gothard, Nos. 12-23-00296-CV, 12-23-00307CV, 2024 WL 739785, at *8 (Tex. App.—Tyler Feb. 22, 2024) (orig. proceeding) (quoting Tex. Const. art. I, §6 interp. commentary).

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MEDIA REVIEWS

Real Lessons for Real Trials: A Review of David Crump’s How to Try a Jury Trial

By David Crump Published by Quid Pro, LLC Reviewed by CASEY MINNES CARTER

The Houston Lawyer

M

ost trial books sit on shelves, written by scholars who have never felt the nerves of standing at counsel table before a judge and 12 of their peers. David Crump has.

A former assistant district attorney, a seasoned civil trial litigator, and a longtime professor at the University of Houston Law Center, Crump writes like someone who remembers the late nights and early mornings spent scrambling to prepare for trial. His latest book, How to Try a Jury Trial, is not a hornbook or collection of scripts but rather a roadmap for lawyers who actually try cases before a jury of their peers: the ones who know how a sharp voir dire, disciplined cross-examination, or well-timed closing can rescue an otherwise mediocre claim or defense. He shares his own experiences candidly and without self-congratulation, admitting he, too, has found himself preparing at the last minute or learning lessons the hard way.

Structured like a short course, the book moves through each phase of trial in sequence. Using a hypothetical fact pattern, Crump walks readers through the purpose of each phase of trial, from preparing trial notebooks to making closing arguments and every practical thing in between. Each chapter offers practical advice and common-sense explanations to simplify even complex tasks like jury selection, illustrat40 November/December 2025

ed with examples drawn from his own trials and other Texas legends. He concludes each chapter by providing short guides litigators can use, like a table of contents for trial notebooks; practical questions to ask during voir dire; outlines for witness examinations, motions, opening, and closing; and much more.

He begins not with how to pick a jury, but with preparation—the unglamorous work that separates order from chaos. Crump offers advice for creating a living trial binder that evolves as the case develops and readies for trial. The book’s appendix provides basic outlines and templates that even experienced attorneys will find worth noting.

Crump then turns to voir dire and opening statements in chapters two and three, blending logistics with juror psychology. Crump examines when to invoke the rule of sequestration, how to greet and interact with the prospective jurors, and how to weave trial themes into voir dire. Crump admits no perfect answer exists to picking the best jury, so he instead offers step-by-step guidance for collecting useful information and warns against techniques that risk a mistrial.

Above all, he stresses connection, using questioning to humanize the client, and building long-lasting, emotional connections lasting from voir dire, into opening statements, and through deliberations.

Drawing upon the facts of his hypothetical case, Crump offers an example opening statement illustrating how readers can incorporate his advice.

His chapter four on witness examinations hits the sweet spot between principle and practice. Crump reminds readers what jurors expect of witnesses when testifying and how best to tell your story to the jury.

He distinguishes between direct, cross, and expert examinations and what techniques to use with which witnesses with thought-

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ful and simplistic clarity. And recognizing most witnesses rely upon exhibits, Crump ends this chapter with a practical guide for admitting business records, prior inconsistent statements, expert witnesses, photographs and drawings, and even tangible things—all useful information for even the veteran litigators.

The final chapters five through seven move through the rest of trial. Crump briefly outlines the purpose and bases for a motion for judgment as a matter of law, supplying both oral and written examples.

He then turns to jury instructions, reminding readers most jurisdictions offer pattern instructions but illustrating how to draft, organize, and tailor them to the needs of the case. His final chapter addresses jury arguments, analyzing the strategic advantages each party enjoys and how to best capitalize on them. Crump urges advocates to lean into the emotional basis for every answer they ask jurors to give—to earn belief rather than demand it—before closing with a final outline for employing his triedand-proven tactics.

The book’s greatest virtue is its practicality. In fewer than 70 pages, Crump distills complicated issues and years of experience into tools lawyers can implement today: checklists, outlines, and examples that translate directly to practice. The consistent signposting and brevity make it an easy reference mid-trial. And throughout, he emphasizes the “human element” of trial: jurors are people, not puzzles. His insight reminds lawyers that persuasion begins with empathy and ends with trust.

Crump focuses on timeless fundamentals, not Texas-specific rules or technology.

The form examples include New York case captions, and some guidance seems better suited to more traditional or regional jury pools rather than diverse, urban panels.

And readers looking for guidance on digital exhibits, video testimony, or electronic jury presentations—technology many modern jurors expect—may need to supplement elsewhere. None of this undercuts

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the book’s core utility, but it offers Crump additional areas to explore in the future.

How to Try a Jury Trial is a rare manual that feels like it was written by someone who has stood in your shoes. Less academic than Thomas Mauet’s Trial Techniques or Steven Lubet’s Modern Trial Advocacy, Crump delivers practical judgment. He does not promise shortcuts or silver bullets. Instead, he guides readers on how to prepare for trial, think like a trial lawyer, and connect with jurors. Every chapter gives the readers something usable, something they could mark up tonight and bring to trial tomorrow. Anyone preparing to face 12 jurors and a verdict form should consider keeping this book next to your trial notebook.

Casey Minnes Carter litigates complex, high-stakes disputes as a shareholder in the Houston office of Munsch Hardt Kopf & Harr, P.C., where she also serves as co-chair of the Women’s Initiative Group. Casey is also a member of the editorial board of The Houston Lawyer.

Tales As Old As Crime: Laughter and Pain in the Criminal Injustice System

By Randy Schaffer Published by iUniverse Reviewed by Jessica Crutcher

R

andy Schaffer is a legendary Houston criminal defense lawyer who has practiced throughout Texas since 1973. Despite having the academic pedigree to join the ranks of “big law,” Randy chose to spend his career defending those who needed it the most. His recently released book is a rock and roll rollercoaster, tell-almost-

all ride through his decades of working with criminals, innocent people accused of horrendous acts, famous and lessfamous criminal defense attorneys, and prosecutors. Randy changed many names to protect the innocent (or the guilty). Yet he includes enough names that lawyers who have practiced in Houston for any length of time will recognize not only famous figures, but also some of their own acquaintances. I know I did.

As a criminal defense attorney who has spent a lot of his career working on actual innocence and habeas corpus cases, Randy’s book makes clear that a healthy skepticism of the allegations made by win-atall-costs prosecutors is well advised. Randy tells story after story of prosecutors withholding exculpatory evidence and getting caught.

To the credit of the district attorney’s offices, many of these prosecutors were fired.

However, it does cause one to wonder how many times exculpatory evidence has been withheld and not been discovered. Undoubtedly, more times than we would like to believe.

Randy doesn’t let criminal defense attorneys off easily, either. He details numerous habeas corpus appeals he has fought because of grossly ineffective assistance of counsel, and he names names. These stories are the reason why so many people don’t trust lawyers. However, the stories made me grateful that I know so many ethical, hardworking attorneys who would never hang their client out to dry—especially when that client was facing major prison time or the death penalty.

But Randy’s book isn’t all doom and gloom. It is full of hilarious stories of interoffice politics, including numerous stories of his time working for Richard “Racehorse” Haynes. And there is humor to be found in the courtroom also, as Randy retells his interactions with judges, prosecu-

tors, and even his own clients.

By my estimate, Randy tells approximately 200 short stories in this book that is just shy of 400 pages. The common thread through them all is his devotion to the Constitution, to the rule of law, and to legal ethics. He says at the end of the book that exasperated prosecutors often ask him when he is going to retire. Randy’s answer is always the same: “I will retire when prosecutors no longer try to convict the innocent, keep them in prison, suppress favorable evidence, and use false testimony—because there won’t be anything left for me to do. So you tell me—when am I going to retire?” He says no prosecutor has ever answered his question.

This book gives readers a deeper understanding of the inner workings of the criminal justice system.

But it is more than that.

This book is a reminder that we are all human— prosecutors, defense attorneys, criminals, victims, and those people who don’t fit into any of these categories. It is a reminder to stand up for the Constitution and the rule of law. It is a reminder to live ethically, both as an attorney and as a human. And despite the many heartbreaking stories Randy tells in this volume, he shares enough wins that he leaves the reader with a feeling of hope for the future. This book should be on the nightstand of every attorney in the United States—and honestly, the non-attorneys, too.

Jessica Crutcher is an arbitrator on the AAA’s Commercial, Energy, Financial Services, and Consumer Panels, a mediator, including on the AAA’s Consumer Panel, and attorney at Jessica Crutcher Law PLLC, and is on the editorial board of The Houston Lawyer and the associate editor of The Houston Lawyer’s Off the Record column.

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