San Antonio Lawyer, January/February 2026

Official Publication of the San Antonio Bar Association

U.S. Bankruptcy Judge

Michael M. Parker

IN THIS ISSUE

Harmony, According to the Research Compassion: A Critical Component of Law Practice

January–February 2026

Letters Welcome to the (slightly) new San Antonio Lawyer!

Preserving San Antonio Lawyer in Print For many years, San Antonio Lawyer has operated at an increasing loss as paper and postage costs increase. The easy fix would be transitioning to a digital-only publication, but we consistently hear from SABA members that they appreciate receiving a print copy of the magazine.

In an effort to save the print copy, we have expanded the size of the magazine to accommodate more advertising. We encourage you to support these advertisers, and to reach out if you are interested in becoming an advertiser yourself.

Features and New Columns Dinner Party Law

17

Briefly

All your favorite articles and departments are still here and the expanded format has also allowed us to increase the number of regular features.

Starting with this January/February edition we present “Dinner Party Law,” which will provide information of general interest to lawyers, for those times when we get cornered at a dinner party with questions about an area of law we don’t know. This edition addresses what a lawyer should do when their client files bankruptcy owing the lawyer money.

Other new features include “Briefly,” a column also in the Subpoena featuring SABA members and firm updates, new hires, awards, and other professional news, and “Bar Community,” which will highlight events and news from affinity bars and SABA sections and committees.

You’ll also see more content from SABA such as this edition’s Winter Open House recap and solicitation of nominations for the 2026 awards.

We are more than attorneys. We are passionate, creative community members. Our new section, Endnotes, provides an opportunity for SABA members to showcase their creative side and help us get to know one another in a new way.

More Opportunities to Contribute

28

We hope you enjoy this new content. Please let us know if you have suggestions for other features. And as always, please consider writing an article for the magazine!

Leslie Sara Hyman Leslie Sara Hyman

Editor in Chief, San Antonio Lawyer editor@sabar.org

June Moynihan June Moynihan

Bar Community

2 San Antonio Lawyer® | sabar.org

30

Executive Director, San Antonio Bar Association junem@sabar.org

contents ON THE COVER 8 Beyond Calling Balls and Strikes: Michael M. Parker, U.S. Bankruptcy Judge

By Patrick H. Autry

FEATURES 12 Harmony, According to the Research

By Jay Morse

24 Compassion: A Critical Component of Law Practice

By Paul Jacobs

8 Judge Michael M. Parker

Photo by Mewborne Photography on location at the U.S. Bankruptcy Court, Hipolito F. Garcia Federal Building and U.S. Courthouse

DEPARTMENTS

ASSOCIATION & COMMUNITY

6

2

Reflexiones

Letters

By Nick Guinn, San Antonio Bar Association President

17 Dinner Party Law

18 Around the Bar: SABA Annual Holiday Party

By SABA Staff

By Kerry S. Alleyne-Simmons

34 Fourth Court Update

22 2026 Award Nominations

By SABA Staff

By Justice Lori Massey Brissette and David Miracchi

36 Federal Court Update

By Soledad Valenciano, Sabrina Salazar, and Clarissa Valenciano

38 Endnotes

28 Briefly

By SABA Staff

30 Bar Community: Affinity Bars and SABA Committees Celebrate the Season

By SABA Staff

January–February 2026 | San Antonio Lawyer® 3

®

Official Publication of the San Antonio Bar Association San Antonio Lawyer ® is published bimonthly. Copyright ©2026 San Antonio Bar Association. All rights reserved. Republication of San Antonio Lawyer content, in whole or in part, is prohibited without the express written permission of the San Antonio Bar Association. Please contact Editor in Chief regarding republication permission.

Views expressed in San Antonio Lawyer are those of the authors and do not necessarily reflect the views of the San Antonio Bar Association. Publication of an advertisement does not imply endorsement of any product or service. San Antonio Lawyer, the San Antonio Bar Association, and the Publisher reserve the right to edit all materials and assume no responsibility for accuracy, errors, or omissions.

San Antonio Lawyer and the Publisher do not knowingly accept false or misleading advertisements or editorials, and do not assume any responsibility should such advertising or editorials appear.

Contributions to San Antonio Lawyer are welcome, but the right is reserved to select materials to be published. Please send all correspondence to info@sabar.org.

Archives of San Antonio Lawyer are available at sabar.org.

Send address changes to the San Antonio Bar Association.

EDITORS

“His grasp of the forces that drive a successful mediation is always spot on. There is not a mediator working today that I would trust more in bringing a case to resolution.”

(Who’s Who Legal 2017)

“Donald is a very quick study and understands complex financial cases very quickly.

He is thorough, intelligent and hard-working.” (Chambers 2025)

BOARD OF EDITORS

Advertising Sales Chellie Thompson

Leslie Sara Hyman, Chair Pat H. Autry, Vice-Chair Mary Adair Todd Marquardt Naveen Adusumilli Lauren Miller Barry Beer Curt Moy Amy E. Bitter Sara Murray Linda Brandmiller Chinoso Osonma Billy Calve Ricardo Aponte Parsi Paul T. Curl Steve Peirce Cassidy Daniels Kerry Simmons Hayley Ellison Regina Stone-Harris Stephen H. Gordon ileta! Sumner Per Hardy Soledad Valenciano Casey Lee Natalie Wilson

For advertising information, contact:

Ex Officio Nick Guinn

Editor in Chief Leslie Sara Hyman

Articles Editor Natalie Wilson

Departments Editor Cassidy Daniels

PUBLISHING PARTNER Monarch Media & Consulting, Inc. 512.293.9277 | monarchmediainc.com Design Direction Andrea Exter

Design Sabrina Blackwell

Chellie Thompson, Monarch Media & Consulting, Inc. chellie@monarchmediainc.com

“He’s very charming, very professional, very understanding and empathetic to what’s going on.” (Chambers 2023) “An extremely effective mediator in a wide variety of situations.”

(Best Lawyers 2021)

“An outstanding and innovative mediator.” (Super Lawyers)

126 E. Nueva, 3rd Floor, San Antonio, Texas 78204 210.227.8822 | sabar.org

OFFICERS / DIRECTORS President Nick Guinn President-Elect Jaime Vasquez Treasurer Emma Cano Secretary Elizabeth Provencio

Booking: www.donphilbin.com/book-a-mediation/

4 San Antonio Lawyer® | sabar.org

Immediate Past President Patricia “Patty” Rouse Vargas

Directors (2024–2026) Jorge Herrera Abel Martinez Cynthia Orr Kristal Thomson Directors (2025–2027) Krishna Reddy Michael Ritter Elena Villaseñor Sullivan Collanne West Executive Director June Moynihan

STATE BAR / SA BAR FOUNDATION State Bar of Texas Directors Patricia "Patty" Rouse Vargas Steve Chiscano

San Antonio Bar Foundation Chair Patricia "Patty" Rouse Vargas

LOCAL BAR ASSOCIATIONS Association of Corporate Counsel South/Central TX Bexar County Women’s Bar Association Christian Legal Society Defense Counsel of San Antonio Federal Bar Association—San Antonio Mexican-American Bar Association—San Antonio San Antonio Black Lawyers Association San Antonio Criminal Defense Lawyers Association San Antonio Trial Lawyers Association San Antonio Young Lawyers Association TEX-ABOTA, American Board of Trial Advocates—San Antonio William S. Sessions Inn of Court

January–February 2026 | San Antonio Lawyer® 5

Reflexiones

Leading Through Service: A Call for Civics Education Volunteers Nick Guinn

By Nick Guinn, San Antonio Bar Association President

S

ome of my earliest memories of understanding what lawyers actually do happened outside the courtroom.

Every year, on career day, my dad visited my elementary school wearing a suit and carrying his briefcase, ready to explain his work as a criminal defense lawyer. My classmates were fascinated— they had so many questions about trials, juries, and justice. And it wasn’t just career day. Boy Scout merit badges, community events, school presentations—my dad was always there to educate and share his passion for the law. He understood something I came to appreciate more as an adult: Lawyers have knowledge that can empower people and lawyers have a responsibility to share that knowledge.

I developed an even deeper education in civic engagement when my dad ran for judge. I’ll never forget spending election day with my grandmother at a polling site, handing out campaign brochures. We weren’t just supporting my dad—we were part of something bigger. We helped people understand that their votes mattered and that they had a voice in choosing who would make decisions that affected their lives.

Those childhood experiences instilled in me a passion for service and for bringing the community together. They taught me that lawyers have a unique responsibility for civics education to help others understand how democracy works.

Why Civics Education Matters Many people’s understandings of the legal system flow from TV shows and social media. Many students graduate high school without understanding how a bill becomes a law, what rights they have when they’re pulled over, or how to serve on a jury. Yet these students are our future voters, jurors, and community leaders who will shape our city and our country.

I’ve seen firsthand how powerful it is when a lawyer explains the law to someone who has never had access to explanation. I’ve seen students light up when they realize they can argue a case, understand their rights, or influence their communities. Moments like these shape lives.

Although civics education has always been central to the missions of the San Antonio Bar Association and the San Antonio Bar Foundation, we can do more. We need more lawyers in more classrooms, reaching more students, making knowledge of the law accessible, and inspiring the next generation.

6 San Antonio Lawyer® | sabar.org

photo by Mewborne Photography

My Challenge In the Spring, I will challenge our bar to mobilize at least 100 lawyer volunteers for civics education. That’s 100 lawyers to go to schools to teach mock trials, explain the Constitution, discuss current events, or answer questions about what lawyers do and why it matters. To meet this challenge, here’s what we need: If you’re already volunteering: Perhaps, you’re already participating in civics education—at your child’s school or through a program you’ve supported for years. If so, let SABA know. Tell us what you’re doing and where. We want to share your story and celebrate your work.

If you want to volunteer: If you want to get involved but don’t know where to start, reach out and SABA will help. Whether you want to visit your child’s or grandchild’s school, return to your alma mater, or help in a new neighborhood, SABA will pair you with opportunities that fit your schedule and interests.

If you’re not sure: Start small. One career day. One mock trial.

One classroom discussion. You’ll be surprised by the impact a single visit can have.

Civics education connects lawyers to the community in a tangible, meaningful way. It reminds us why we became lawyers and shows the public that lawyers aren’t just hired guns—lawyers are neighbors, mentors, and advocates for a functioning democracy.

The goal of 100 lawyer volunteers may sound ambitious, but I know this bar. I know the passion, the talent, and the commitment that members bring every day. If each of us reaches just one classroom, one group of students, or one community organization, we’ll make a lasting impact. Let’s make this Spring a turning point for civics education in San Antonio. Let’s show our community what lawyers can do when they lead through service.

Scan the QR code to tell us about your volunteer work or request a volunteer opportunity.

Probate, Estate, and Divorce Property Specialists!

40+ Years of Proven Results! Free Market Analysis!

SELL A RANCH! BUY A RANCH! January–February 2026 | San Antonio Lawyer® 7

“The skills necessary to be a good referee translate into many other areas of life.”

8 San Antonio Lawyer® | sabar.org

Beyond Calling Balls and Strikes Michael M. Parker, U.S. Bankruptcy Judge Cover and feature photos by Jessica Mewborne Photography

By Patrick H. Autry

M

ichael Parker became a United States Bankruptcy Judge for the Western District of Texas in November 2021. Four years have passed since his appointment. There are two newer judges sitting in Austin and Chief Judge Gargotta has announced that he will retire in April 2026, making Judge Parker the most senior active bankruptcy judge in the district. It is an opportune time to visit with Judge Parker.

Michael Parker was raised in Colorado. His parents married young and with four children (all sons), money was tight. He and his brothers all played soccer because the family could not afford to pay for “American” football equipment. Soccer became, and remains, of keen interest to Parker. He played competitively, both with youth/teen traveling teams and college club teams, until his studies demanded his undivided attention. As an adult he has both coached and officiated the sport. “The skills necessary to be a good referee translate into many other areas of life,” he observed.

Judge Parker graduated from the University of Colorado at Boulder with a degree in civil engineering. From there he went to the University of Texas at Austin and earned a master’s degree in that field. He worked for several years as a project manager with a Dallas-based construction company. He soon realized that project managers must go where the project is and there were overseas projects on the horizon. But he “didn’t want to hop from place to place for the rest of [his] life.”

Desiring to leave open as many career options as possible, Parker returned to the University of Texas and entered the JD/MBA program.

Parker was, like many before and after him, particularly influenced by Professor Jay Westbrook and his secured financing class. “Westbrook made secured credit understandable as my physics professor in my first year of engineering school had made physics understandable. All of these concepts, that I kind of understood, became clear.” Parker later signed up for a bankruptcy course and had a similar experience. But he was drawn to criminal law as well. And at the end of his law school days, Parker had to decide between a clerkship with the Texas Court of Criminal Appeals and a clerkship with Bankruptcy Judge Ronald King.

He chose the clerkship with Judge King. And, if you had to identify one decision that established the trajectory of Michael Parker’s legal career, accepting the clerkship with Judge King likely would be it.

Judge King took the bench in 1988 and formally retired in 2021, when Parker took his spot. Parker clerked for Judge King from 1993 to 1995.

From there he went to work for Fulbright & Jaworski (now Norton Rose Fulbright), where he stayed until he took the bench.

At Fulbright, Parker worked in the bankruptcy/creditors’ rights practice group and found other exceptional mentors in Jack Partain and Evelyn Biery, as well as the opportunity to work with accomplished attorneys such as Steve Peirce. Working at Fulbright allowed Parker to work on important commercial cases. But the firm also allowed him to explore other aspects of the practice. He was the San Antonio office’s pro bono chairperson for two decades and was instrumental in the creation of San Antonio Legal Services Association.

The firm also provided Parker many opportunities to use the analytical skills he developed as an engineer. One of his former partners observed that Parker “has the ability to understand and appreciate the opposite side of an argument and to seek resolution without compromising his own position.” This is a trait that is essential for a judge.

Among his colleagues at Fulbright, Parker was regarded not only as an accomplished lead attorney but also as a teacher. “You could go to him with all sorts of problems, not just legal matters. Michael has a broader sense of what ‘this’ is all about,” observed Toby Gerber, senior counsel in the firm’s Dallas office. “Having him as one of my partners was one of my great joys,” he continued.

The Western District of Texas encompasses 68 Texas counties – about 93,000 square miles of territory. The District has five divisions: San Antonio, Austin, Waco, Midland, and El Paso. Under the current work assignment for the District, Judge Parker hears cases in both San Antonio and Waco.

About 75% of the cases are “consumer cases” – bankruptcy cases for individuals not engaged in business. The other twenty-five percent of the cases are commercial. The commercial cases and adversary proceedings take about 75% of the court’s time, according to Judge Parker. “A significant percentage of the consumer cases are chapter 13 payment-plan cases. The chapter 13 trustees do an excellent job of managing those cases and that reduces the amount of time that the court must reserve for them.”

January–February 2026 | San Antonio Lawyer® 9

Judge Parker with his wife, Paige, and their five children. Personal photos courtesy of Michael Parker

I enjoy long walks with my wife and watching our five adult children prosper in their chosen paths and careers: one son in the seminary in Chile; another a mechanical engineer; a daughter who is a content-creator for an online gaming site; a second daughter who is a nurse; and a third daughter, an artist, completing her college career. I have much to be grateful for.

10 San Antonio Lawyer® | sabar.org

Judging is often described using baseball terms – a task of calling “balls and strikes.” Judge Parker is familiar with that characterization and acknowledges that the job entails a lot of that. But he is also mindful of the two principles that form the underpinning of the bankruptcy process: Bankruptcy law has two underlying concepts. The first is the ‘fresh start’ which allows the honest debtor relief from unbearable debt. The second is to ensure that the debtor’s nonexempt assets are ratably distributed to creditors holding valid claims-– to avoid the ‘race to the courthouse.’ I try to be true to these goals when I make my rulings.

“Best job ever,” Judge Parker quipped when asked how he liked the position. “I’m a perpetual student; getting to deal daily with interesting issues is perfect for me. However, in the beginning, I did find it difficult to stop trying to be the lawyer on the case.”

As a result of both temperament and an engineering background, Judge Parker does expect those appearing in his court to follow the rules of bankruptcy procedure (both national and local), as well as the procedures peculiar to his courtroom (most of which

track those of Bankruptcy Judge King). Also, “Do not expect to prevail merely because the relief you seek is not opposed,” cautions Judge Parker. “The court has an independent duty to assess the merits of a party’s position.”

Judge Parker is also mindful of “access to justice” issues for consumer debtors.

“There was a consumer case in Waco where the debtor was a long-haul trucker. He had to participate in hearings while he was on the road. It’s the duty of the court to accommodate such situations when it can.”

Judge Parker wishes that there was more pro bono assistance for consumer debtors.

“The Austin Bar sponsors a pro bono clinic to assist consumer debtors. San Antonio needs one. A consumer debtor can manage a pro se chapter 7 liquidation case with some nonlawyer assistance in document preparation.

Chapter 13 cases, on the other hand, require the drafting and court confirmation of a threeto-five-year payment plan, and for that you need a lawyer,” he observes.

Earlier this year Judge Parker arranged for the Federal Judicial Center (FJC) to conduct a survey of the Bankruptcy Bar and the Trustees regarding his performance as a judge. “I always ask my law clerks to be my sounding board. But I also wanted some honest feedback from the lawyers and trustees. The FJC is the research

Big banks handle your money.

We tailor your legacy.

You deserve a banker that listens to your personal and professional goals to create custom strategies that feel just right. At Broadway Bank Private Banking we provide you just that—a knowledgeable and dedicated single point of contact, available seven days a week.

Come see what it’s like to bank in your own backyard.

The Parkers on a visit to South America where their son is in Seminary.

and education agency for the federal courts.

It compiled the responses in a manner which ensures anonymity and gave me a report.”

When asked what he did in his “spare time,” Judge Parker smiled and said that there is little of it, and much of what there is devoted to law-related activities such as the Honorable Larry E. Kelly Bankruptcy Inn of Court and a speaking engagement this past June at Center for American Law in Dallas on the topic of cross-border insolvency proceedings.

I enjoy long walks with my wife and watching our five adult children prosper in their chosen paths and careers: one son in the seminary in Chile; another a mechanical engineer; a daughter who is a content-creator for an online gaming site; a second daughter who is a nurse; and a third daughter, an artist, completing her college career. I have much to be grateful for.

Pat Autry is a member of Branscomb Law in its San Antonio office. He is Vice Chair of the SABA Publications Committee, and he has served as one of the editors of the San Antonio Lawyer for more than 20 years.

STRENGTH & STABILITY SINCE 1941 P R I VAT E B A N K I N G • ( 2 1 0 ) 6 8 1 - 0 7 4 7 B R O A D W AY. B A N K / P R I V AT E

Private Banking at Broadway Bank is subject to eligibility qualifications. Eligibility criteria may include financial, professional, and/or account verification and evaluation. Subject to change without notice.

Member FDIC. #1733676559/09/25

January–February 2026 | San Antonio Lawyer® 11

Harmony,

According to the Research

Stories of your SABA colleagues who are finding coherence, the point where what they value and how they live start to match.

P

By Jay Morse

sychologists call it many things: flow, flourishing, coherence, or well-being. But these terms circle the same truth: a full life is one where your inner pace matches your outer demands.

Mihaly Csikszentmihalyi found that people feel most alive when challenge and skill are in balance, a state he called flow. Martin Seligman’s research on flourishing adds five steady notes: positive emotion, engagement, relationships, meaning, and accomplishment.

Viktor Frankl showed that purpose gives even hard seasons shape.

Barbara Fredrickson found that joy and curiosity expand our capacity to cope. Together, their work suggests harmony isn’t the absence of stress; it’s a rhythm of chosen challenges, honest rest, and a sense that what you’re doing still matters.

However you get there—through movement, creativity, service, or learning—the measure is simple: does your life sound like you?

Across San Antonio, attorneys are quietly building that rhythm into their days, not through perfect schedules or grand resolutions, but through habits that reflect their own lives.

Some find it in motion: a brisk walk before sunrise that steadies the mind before court. Others paint, play guitar, volunteer at libraries, or deliver meals to seniors. None are chasing balance; they’re tuning their lives toward coherence, the point where what they value and how they live start to match.

These are the stories of SABA colleagues who’ve done just that.

They work on the bench, in home offices, and in courthouse hallways.

They’ve learned that harmony isn’t a fixed state or a self-help project; it’s a 12 San Antonio Lawyer® | sabar.org

practice that is built, broken, and rebuilt through the ordinary days of a demanding profession.

Each attorney took a different route toward steadiness, and none would claim to have arrived. What they share is curiosity, a willingness to experiment with what actually restores them. Over time, their habits have settled into four broad rhythms: physical practice, creative expression, service to others, and lifelong learning.

These aren’t categories to copy, but doorways to notice. Each one offers its own kind of reset—the body, the imagination, the heart, or the mind.

You’ll hear how lawyers across San Antonio have built small, repeatable rituals inside full calendars and heavy caseloads, how they’ve learned to stay grounded without stepping away from the work that drives them.

The Physical Path: Movement as Reset

For some lawyers, the only stillness comes through motion. For others, the challenge is finding motion again after life crowds it out. Whether it’s a lifelong habit, a new commitment, or a renewed old rhythm, movement rarely feels easy to start, but it almost always rewards the effort.

Abel Martinez is an early riser. He’s up at 4:30, at the gym by 5:15.

A former athlete, he relies on a steady mix of weights, cardio, and boot camp–style workouts to stay fit. Six mornings a week, he carves out time before his phone starts buzzing. “If I don’t go early, the day gets away from me,” he says.

Martinez travels often and is deeply involved in community and bar work, but he treats exercise like an appointment he can’t cancel.

OPPOSITE: L-R: Judge Rosie Alvarado, Susan Kilgore, and Nick Guinn engage in non-law hobbies to help manage the stress inherent in our profession.

Maintaining good health has always been a priority. Still, discipline doesn’t mean ease. “Everyone has periods where they’re overwhelmed,” he says. “I might be recovering from a cold, or just really busy. Exercise is often the first thing people drop, but I know how much better I feel when I don’t let it slide.”

When motivation dips, he books a few sessions with a trainer. “The accountability helps me stay consistent,” he adds. He also uses an app to plan meals and track new routines when he’s on the road.

For Bexar County Clerk Lucy AdameClark, the return to movement came later in life. She maintained a regular fitness schedule until parenthood, family, and work obligations began to consume her time. “At the time, scheduling a workout seemed selfish,” she says, “which I know now is not the way to view it. Being healthy is something you do for yourself and your family.”

One missed session turned into several, and before she knew it, exercise had quietly fallen off her calendar. Campaigning for public office only magnified the challenge. “If voters are volunteering for you, you owe it to them to work as hard as you can to show up,” she explains. But showing up at three morning events before work and attending campaign gatherings into the evening took a toll. “I’m afraid I also showed up with breakfast tacos to show appreciation, so it was not just the events,” she laughs.

After taking office in 2019, she poured her energy into expanding and modernizing the clerk’s office. Her schedule remained full, but her health began to weigh on her mind— literally and figuratively. When a loved one was recently prescribed a GLP-1 medication to manage diabetes, Adame-Clark took a harder look at her own well-being. “I realized I didn’t like the direction I was going,” she says.

“I want to keep doing this work, and I don’t want to get tired just walking to an adjacent county building for a meeting.”

Her wellness journey began with the 2025 Bexar County Slim Down Challenge to support a healthy lifestyle for herself and her family. She met with her trainer on a weekly basis and met with her doctors to craft a sustainable plan, one that paired medical guidance with accountability. “I remembered how healthy and energized I felt after exercising and wanted that feeling back.”

Since then, she has been diligent in following her doctor’s advice and has lost 75 pounds

L-R: Judge Nicole Garza with her dog Amicus and Bexar County Clerk Lucy Adame-Clark donating blood and sharing results from her wellness journey.

Photos courtesy of Judge Nicole Garza and Bexar County Clerk Lucy Adame-Clark

• Experienced, having conducted more than 25,000 mediations since 1989 with more than 850 years’ experience practicing law • Committed to the mediation process and devoted to the ethical practice of law • Covered by the AAM Member Insurance Group Policy, an arbitrator and mediator professional liability insurance Areas of Practice Appellate Bankruptcy Business/Commercial Civil Rights Condemnation Construction Consumer Education Employment & Labor Entertainment Family Farm & Ranch Health Care Insurance Intellectual Property International Medical Oil & Gas Personal Injury Professional Liability Real Estate Securities Taxation Title Insurance Wills, Trusts & Estates For more information, contact the local San Antonio Chapter. www.attorney-mediators.org/SanAntonioChapter Gary Javore - gary@jcjclaw.com Patricia O. Alvarez 888.413.6630 patricia@alvarezdr.com Paul Bowers 713.907.7680 paul@ptbfirm.com John K. Boyce, III 210.736.2224 jkbiii@boyceadr.com Leslie Byrd 210.229.3460 leslie.byrd@bracewell.com Kevin Chaney 210.889.4479 kevin@kevinchaneylaw.com Dori Contreras 956.655.9206 dori@justicedori.com Debbie Cotton 210.338.1034 info@cottonlawfirm.net Aric J. Garza 210.225.2961 aric@sabusinessattorney.com Charles Hanor 210.829.2002 chanor@hanor.com Gary Javore 210.733.6235 gary@jcjclaw.com

Recommended by Judges and Attorneys Alex Katzman 210.979.7300 alex@katzmanandkatzman.com Daniel Kustoff 210.614.9444 dkustoff@salegal.com J.K. Leonard 210.445.8817 jk@jkladr.com Cheryl McMullan, Emeritus 210.824.8120 attyelder@aol.com Dan Naranjo 210.710.4198 dan@naranjolaw.com Patricia Oviatt 210.250.6013 poviatt@clarkhill.com Jamie Patterson 210.828.2058 jamie@braychappell.com Diego J. Peña 817.575.9854 diego@thepenalawgroup.com Don Philbin 210.212.7100 don.philbin@adrtoolbox.com Edward Pina 210.614.6400 epina@arielhouse.com

Elizabeth “Sissy” Preston 713.412.1458 epreston@advmediation.com Richard L. Reed, Sr. 210.953.0172 rick.reed@steptoe-johnson.com Wade Shelton 210.219.6300 wadebshelton@gmail.com Richard Sparr 210.828.6500

rsparr@sparrlaw.net

John Specia 210.734.7092 jspecia@macwlaw.com Phylis Speedlin 210.405.4149 phylis@justicespeedlin.com Mark Stein 210.385.4771 mstein@asdh.com Lisa Tatum 210.249.2981 ltatum@tatum-law.com James Upton 361.884.0616 jupton@umhlaw.com

January–February 2026 | San Antonio Lawyer® 13

Further Reading & Listening — Finding Your Own Harmony If the idea of building your own version of harmony resonates, these voices and resources offer a deeper exploration. None promise balance. They invite reflection.

Pick one idea that feels like oxygen. Read a chapter, walk while listening, underline one line that lands. Harmony isn’t found all at once, it’s tuned, slowly, over time.

BOOKS & ESSAYS Mihaly Csikszentmihalyi, Flow: The Psychology of Optimal Experience (2008). How skill and challenge meet to create absorption and ease.

Martin Seligman, Flourish (2012). The cornerstone of positive psychology’s PERMA model (positive emotion, engagement, relationships, meaning, and accomplishment)—five ways we thrive.

Viktor Frankl, Man’s Search for Meaning (1946). A timeless reminder that purpose steadies us when control is gone.

Arthur Brooks, From Strength to Strength (2022). How to move from achievementdriven success to a life rich in purpose.

Brené Brown, Daring Greatly: How the Courage to Be Vulnerable Transforms the Way We Live, Love, Parent, and Lead (2012). On vulnerability as courage, and how authenticity quiets the noise.

TALKS & PODCASTS TED Talk: “Flow, the Secret to Happiness.”

Csikszentmihalyi’s classic 2004 talk on full engagement. Available at www.ted.com/talks/mihaly_ csikszentmihalyi_flow_the_secret_to_happiness Worklife with Adam Grant.

Episodes with keys to a better work life, especially “How to Love Criticism” and “The Real Meaning of Work.”

The Happiness Lab with Dr. Laurie Santos.

Science-based episodes on what sustains well-being.

The Arthur Brooks Show.

A podcast about purpose, faith, and aging with grace.

Unlocking Us with Brené Brown.

Conversations on wholehearted living and boundaries.

Each of the podcasts listed above is available on various platforms, including Apple Podcasts and Spotify.

14 San Antonio Lawyer® | sabar.org

since March 2025. She is more mindful about what she eats, and more intentional when she brings treats to the office, and she holds herself accountable by keeping her daily walks and exercising consistent.

Both leaders have found the same truth: just go. Show up, even when you don’t want to. Adame-Clark now treats her workout time as a non-negotiable meeting on her calendar. Her health is her top priority, ensuring she can continue to lead and provide for her family, employees, and the community. Martinez had shoulder surgery a few years ago and followed a similar philosophy. He still went to the gym at his usual time, modifying his workouts with treadmills, stair machines, and long walks while he healed. Their habits echo what psychologist Mihaly Csikszentmihalyi called “flow,” that moment when challenge and skill align, focus deepens, and self-consciousness fades. For both, movement isn’t about perfection or performance. It’s about presence, a way to reset the body so the mind can breathe again.

The Creative Path: Making Space for Imagination Another colleague finds clarity in color and words, rather than in case law.

In her home studio, Judge Rosie Alvarado paints and writes. “I enjoy creative writing and mixed-media art,” she says. “I create for myself, but sometimes the work calls to be shared. A gift for someone, or a way to mark a moment.”

A judge’s day is spent in structure: listening, applying the law, and maintaining fairness. “You are not there to be creative,” she smiles. “You’re entrusted with keeping the system consistent and fair.” Art becomes her counterbalance, a space where rules loosen and intuition leads.

Alvarado’s inspiration springs from nature and travel. During the pandemic, she and her daughters spent long days outside, hiking, beachcombing, and rediscovering how something as simple as fresh air itself can be a reset.

Her studio now serves as a sanctuary. “I can lose track of time in there,” she admits. “I try to get outside at least once a week, and I’m in the studio a few times a week.” She also attends writing retreats. “It’s a beautiful way to build community. I have friends all over the world now who support one another’s creative projects.”

Her experience captures what many researchers in positive psychology have long recognized: creativity itself is restorative. When people immerse deeply in art, writing, or music, their minds enter a state of flow similar to meditation. Time loosens its grip, judgment quiets, and the same mental focus used in work finds a gentler outlet.

“Creativity becomes its own kind of prayer. A restoration of what the world wears down.”

For Alvarado, harmony isn’t an escape; it’s a redirection of attention, a way to reclaim calm in a profession that rarely allows it.

The Service Path: Purpose as Grounding

Other colleagues build harmony through volunteerism. The work quiets their mind in ways that a weekend off never could.

Susan Kilgore is known among federal practitioners as an active member of the Federal Bar Association and a past president of the American Inns of Court William S. Sessions Inn of Court. She’s even better known at the Bexar County Family Justice Center as the handler of Soy Sauce, a cheerful rescue mutt with a gift for calming anxious children.

Soy Sauce joined Kilgore’s household uninvited and never left, joining fellow rescues Mayo and Mustard. Friends noticed his unusually gentle nature and suggested therapy dog work through PAWS for Service. Six weeks of structured training later, Soy Sauce passed with ease, excelling with children.

Now, Kilgore and Soy Sauce volunteer at the Children’s Bereavement Center and the Family Justice Center. In the children’s room, he is available for petting, reading, or silent companionship. Afterward, he makes the rounds to staff who might also need a quiet moment. “Soy Sauce does all the work,” Kilgore laughs. “I just make sure he gets there.”

Volunteering, she says, runs in her family.

“We were expected to be of service. It’s cliché, but most lawyers I know chose this work because they like helping people.”

Judge Nicole Garza shares that impulse, and the love of dogs. She’s fostered more than fifty rescues and created a nonprofit to support nokill shelters. Now, as a judge, she’s brought that compassion into the courtroom through the Courthouse Dogs Foundation, an international program that trains dogs to comfort witnesses and children involved in legal proceedings.

Garza oversaw the addition of Rosalie, Bexar County’s first courthouse facility dog, stationed in the children’s courts. Another dog, Amicus, is currently in training. “These dogs are trained to sit quietly for hours,” Garza explains. “They’re neutral, calming presences.”

For Garza, the work blends her professional and personal worlds. “I leave court every day thinking about whether I helped people feel heard. When children or other vulnerable witnesses are involved, did I give them tools to participate? These dogs help.”

Attorneys and court staff have become Rosalie’s unofficial fan club, dropping by for a quick visit on hard days. “The profession can be tough,” Garza says. “Sometimes the best therapy is just sitting on the floor with a dog who loves you anyway.”

Psychiatrist and Holocaust survivor Viktor Frankl once wrote that those who have a “why” to live can bear almost any how. For Kilgore and Garza, that “why” shows up every time a frightened child relaxes into a dog’s steady warmth. Purpose, Frankl reminded us, is what steadies us when control is gone.

The Learning Path: Growth as Renewal Nick Guinn, current SABA President, approaches harmony through curiosity.

Each year, he resolves to master something unrelated to law.

One year it was French. Another, complex puzzles. For 2025, sourdough. “I commit a year to something new,” he says. “If I really like it, I keep doing it. I still do puzzles, keep up my French, and maintain my starter.”

His family calls him a “learn-it-all.”

Guinn laughs at the label. “I like deep

Building Wealth, Backed By Trust. www.rio.bank/trust Rio Grande Valley San Antonio

Hill Country

January–February 2026 | San Antonio Lawyer® 15

diving into something outside of law. Online communities make it easy to meet people with serious niche expertise.”

For Guinn, learning isn’t a distraction; it’s calibration. The mental stretch of new skills quiets the noise of daily practice. “It helps to know there’s always something else to explore,” he says.

His approach aligns with the work of psychologist Martin Seligman, whose research on flourishing emphasizes engagement and meaning as two of the strongest predictors of lasting well-being. Learning something new strengthens both. By repeatedly becoming a beginner, Guinn keeps those muscles of engagement active, balancing the precision of law with the looseness of curiosity.

For lawyers whose careers reward control, deliberately starting from zero can feel radical. Yet the humility of learning and the comfort with imperfection, become their own form of renewal.

Gallant Computer Investigative Services, LLC David T. Gallant Digital Forensics/Cell Tower Geolocation Mapping Cell Phone Records Analysis for MVAs Licensed Texas Private Investigator (A15633) Retired Federal Agent (AFOSI) Court Certified Expert Witness (Federal/State/Military)

(210) 271-2999 Titan Building 2700 NE Loop 410, Ste. 301, San Antonio, TX 78217

www.WhatsOnThePhone.com The Proof is in the Data™

What These Stories Have in Common

Howdy.

Each of these attorneys built their version of harmony differently: some lift weights, some paint, some volunteer with therapy dogs, and some learn languages. What connects them isn’t the activity itself but the alignment behind it.

They’ve found what researcher Barbara Fredrickson describes as “broaden and build.”

It is the idea that small moments of positive emotion expand our minds and help us grow lasting resilience.

Movement, art, service, and learning do exactly that. They widen the lens through which these lawyers see their lives. They replace the narrow urgency of practice with a broader rhythm where meaning, connection, and curiosity can coexist with ambition.

Harmony, in this context, isn’t an endpoint. It’s a practice: built, broken, rebuilt.

It’s walking into the gym even when you can’t lift yet. It’s picking up a brush or leash or phrasebook, not to achieve but to realign.

Howdy | definition: a greeting as in “How do you do?” As in, howdy, we’d like to help you be successful.

Closing Reflection

Apply today.

We know Texas. Since 1979, we’ve been helping Texas lawyers, across all Texas jurisdictions, in all areas of practice. We help you be successful by providing risk management resources, best practices recommendations and exceptional customer service.

Howdy is just the beginning of our long-term relationship.

Harmony isn’t a volume knob you turn up.It’s noticing your own signal in the noise and protecting the space where it rings true.

The attorneys in these pages haven’t found a perfect balance; they’ve found movement inside imperfection. Their stories remind us that even in a profession built on conflict, a well-tuned life is possible, one deliberate note at a time.

We help Texas attorneys succeed.

TLIE.ORG or (512) 480-9074

Jay Morse is a contributing writer for the San Antonio Bar Association.

16 San Antonio Lawyer® | sabar.org

4_9x7_125in_San Antonio_TLIE Ads_2025.indd 3

1/20/25 1:06 PM

Dinner Party Law

“So, you're at a dinner party and your friend asks...”

What Do I Do When My Client Files for Bankruptcy

By Kerry S. Alleyne-Simmons

W

hen your client files for bankruptcy and owes you legal fees there are several steps you should take to maximize your chances of recovery.

First, refamiliarize yourself with the Federal Rules of Civil Procedure. Jurisdiction of bankruptcy proceedings lies exclusively in federal court pursuant to 28 U.S.C. § 1334 and federal law governs the entire process. Fortunately, state law provides the rule of decision for most matters involving property rights.

Second, the scope of bankruptcy jurisdiction is broad. Pursuant to 11 U.S.C. § 541, the bankruptcy estate includes all legal and equitable interests of the debtor at the time of filing and all property acquired by bequest, devise, or inheritance within 180 days after filing.

Third, immediately upon filing, the automatic stay prohibits most actions to collect on pre-petition claims against the debtor, the debtor’s property, and property of the estate.

Together, 11 U.S.C. §§ 362 and 541 provide the greatest protection for debtors. Even an innocent violation of the stay—for example, sending a reminder invoice or checking on payment status—may result in damages being awarded to the debtor. See 11 U.S.C. § 362(k).

Fourth, review the debtor’s bankruptcy schedules and Statement of Financial Affairs.

The debtor must file these within fourteen days of the filing. See 11 U.S.C. § 521; Fed. R. Bankr. P. 1007(c).

Fifth, attend the 341 meeting of creditors, which is convened and presided over by the United States Trustee. See 11 USC § 341. The 341 meeting is an opportunity for creditors to question the debtor under oath about his financial affairs.

Sixth, determine whether to file a proof of claim. Because attorneys’ fees are generally dischargeable, in order to be paid from the bankruptcy estate, you must timely file a proof of claim. Bankruptcy courts have discretion to allow an untimely proof of claim in a Chapter 11 case under the “excusable neglect” standard, but many have held they lack the same discretion in Chapter 7 cases. Pioneer Inv. Servs.

Co. v. Brunswick Assocs. Ltd. P’ship, 507 U.S. 380, 388–89 (1993); Fed. R. Bankr. P. 3002(c).

An unfiled claim is a complete bar to payment from the estate. A late-filed claim in a Chapter 7 case is paid only after timely filed claims have been paid. See 11 U.S.C. § 726(a)(3).

Some creditors opt not to file proofs of claim for various reasons. One reason is that a proof of claim operates as a waiver of the right to a jury trial. See Langenkamp v. Culp, 498 U.S. 42, 44–45 (1990). A creditor who holds a security interest in the debtor’s property may also decide not to file a proof of claim.

The lien generally survives bankruptcy, and, if the claim is secured, the creditor may file a motion to lift the automatic stay to recover the collateral. See 11 U.S.C. § 362(d). A creditor who holds a non-dischargeable claim may also opt out of filing a proof of claim because he retains the right to collect the debt after the debtor is discharged. Non-dischargeable debts include those incurred by fraud; by willful and malicious injury; a domestic support obligation or through a divorce or separation agreement. See 11 U.S.C. §§ 523(a)(2), (4), (5), (6), and (15).

Seventh, and related to the question of whether to file a proof of claim, an attorney may choose not to file a proof of claim and waive any pre-petition claims against the debtor in order to represent the debtor (or the Trustee standing in the shoes of the debtor) as special counsel during the bankruptcy. For

example, an attorney may wish to continue representation of the debtor in ongoing divorce proceedings, a personal injury suit, or other complex litigation.

To represent the debtor as special counsel, the attorney must file an application to be employed pursuant to 11 U.S.C. § 327(e).

To avoid disqualification as debtor’s special counsel, the attorney will need to waive any outstanding pre-petition fees to avoid a conflict of interest. Pursuant to 11 U.S.C. § 330, the bankruptcy court retains jurisdiction for the final approval of compensation for serving as special counsel to the debtor.

In summary, when your client files for bankruptcy and owes you money, review the debtor’s schedules and other required documents; determine whether your claim is secured, unsecured, or dischargeable; and decide whether to file a proof of claim or to serve as special counsel to the debtor and waive any pre-petition fees.

K erry Alleyne-Simmons is a senior bankruptcy associate at Pulman Leflore Pullen & Reed, LLP where she represents debtors and creditors in all aspects of Chapter 7 and Chapter 11 proceedings.

Ms. Alleyne is a member of the Larry E. Kelly Bankruptcy American Inn of Court.

January–February 2026 | San Antonio Lawyer® 17

AROUND THE BAR

SABA Annual Holiday Party

T

he San Antonio Bar Association, in collaboration with its practice sections, hosted the Annual Holiday Party at Backyard on Broadway. We spent the evening celebrating the season with colleagues, and a few lucky guests walked away with door prizes donated by our practice sections.

The true highlight of the night was everyone’s generosity. Together, we raised more than $1,000 to support Bexar County Family Justice Center’s pantry and help families in need this holiday season.

Thank you to everyone who joined us. We look forward to another great year together!

Sponsored By: Thomas J Henry

Thank you to our participating Practice Sections for Co-Hosting Alternative Dispute Resolution Section, Appellate Practice Section, Environmental Law Section, Family Law Section, International Law Section, Labor & Employment Law Section, Legal Operations Sections, LGBT Law Section, Litigation Law Section, Natural Resources Section, Real Estate Section, and Technology Section L-R: David Howell, Lauren Howell, Melissa Morales Fletcher, Allison Hartry, Rachel Brooks

L-R: Matthew Garcia, Uzochukwu Okonkwo, John Wymer

18 San Antonio Lawyer® | sabar.org

L-R: Jaime Vasquez, SABA President-elect and Judge Ceasar Garcia, County Court 10

Capture SABA Moments For All We welcome photos of our members enjoying SABA events and gatherings.

Please send your high-resolution photos to info@sabar.org and include the event name and names of those photographed.

J. Michael Clay Family Law Mediation Services

210-694-5205 www.jmichaelclaymediation.com

L-R: Naveen Adusumilli, Jeremy Hicks

Attorney J. Michael Clay is certified in Advanced Civil and Family Law Mediation, with over 34 years experience as a family-law attorney.

To view rates, availability and to book a mediation, visit: jmichaelclaymediation.com L-R: Forrest Good, Sarah Davis

We serve Bexar County and its surrounding counties, including Guadalupe County, Comal County, Atascosa County, Wilson County, Kendall County, Medina County, Bandera County, and Kerr County.

January–February 2026 | San Antonio Lawyer® 19

Texas Best New Braunfels! Both Sides of Creek, Spring!

178+ Ac. Comal Cnty. - Minutes to historic New Braunfels, 30 minutes to San Antonio. Both sides of a solid rock bottom, crystal-clear, spring-fed creek, limestone ledges, deep holes and fed by one of the best gushing springs! Giant trees, nice valleys, rolling topography with panoramic views of the Hill Country! 3BR/3BA main house, 2500+ s.f. 2nd home/office, workshop/equipment barn, outdoor cooking/entertaining area, ranch road system, Wildlife taxes, and more!

Live Water Opportunity! COMING SOON! Fredericksburg’s Best Kept Secret!

159± Ac. Comfort/Fredericksburg - Off market deal coming soon! Don’t miss out! Why wait!!

20 San Antonio Lawyer® | sabar.org

THE LAST GREAT TEXAS LIVE WATER RANCH!!!

107+ Ac. Kerr Cnty. - Minutes to Kerrville. End-of-road privacy. 3/3 Main house, 1/1 Guest casita, heated pool, nice barn underground electric, full alarm system, three septic tanks, electric well with storage tank. Abundant trees, crystal-clear, rock-bottom live water creek, authentic indian mounds, wildlife exempt status. This property is unsubdivided, unbothered, and undeniably rare! No HOA. No noise complaints. No stress.

Texas Best Hill Country!!

393± Ac. Kerr Cnty. - Live water ranch located near historic Camp Verde, minutes from Kerrville, and 45-minutes from San Antonio. Ranch offers beauty and solitude. Includes 2 rustic cabins, 2 wells, paved access, and a fabulous assortment of wildlife, including free roaming exotics.

January–February 2026 | San Antonio Lawyer® 21

W NOW OPENX

2026 Award Nominations 2026 Award Nominations are open January 2 through February 23.

Nominations require letters of support—start your nominations early!

Honor Your Colleagues for Outstanding Professional and Community Service SABA Lifetime Achievement Award Joe Frazier Brown Sr. Award of Excellence

Recognizes an attorney who demonstrates the highest level of professionalism, exceptional skills as a counselor and advocate, and such personal attributes as honor, integrity, service and intelligence.

This person should be a model of the Texas Lawyer’s Creed and an inspiration for others in serving clients and fulfilling their responsibility to the legal system.

SABF Outstanding Lawyer in Community Service Carolyn Thurmond Award

Recognizes a lawyer who has demonstrated outstanding service to our community.

SAYLA Outstanding Young Lawyer Award Recognizes one young lawyer who has demonstrated professional proficiency, service to the profession and the community, and is either 36 years or younger as of June 1, 2026, or initially licensed within the 60 months preceding June 1, 2026.

SAYLA Liberty Bell Award Recognizes one outstanding nonlawyer who has made the most selfless contributions to his or her community to strengthen the effectiveness of the American system of justice by instilling better understanding and appreciation of the law.

SAYLA Outstanding Mentor Award Recognizes one attorney who serves as a role model and consistently demonstrates a commitment to mentoring younger lawyers in their legal community.

For more information, including nomination requirements and past recipients, scan the QR code or visit sabar.org 22 San Antonio Lawyer® | sabar.org

L-R: SAYLA President Ricky Clifton, SAYLA Outstanding Young Lawyer Chris Mazzola, SAYLA Liberty Bell Award recipient Jacquelyn Callanen, SAYLA Outstanding Mentor Justice Patricia Alvarez

L-R: SABA President Nick Guinn, SABF Outstanding Lawyer in Community Service Carolyn Thurmond Award recipient Andy Segovia, SABF Peacemaker Award recipient Dwayne Robinson, SABF Foundation Chair Patty Vargas.

L-R: SABA Lifetime Achievement Award Recipient Ted Lee and SABA President Nick Guinn.

Conference Room

Tenant Lounge

Office Suite

Outdoor Patio Space

MOVE IN READY OFFICE SUITES  1,201 – 7,977 SF BUILDING AMENITIES  Located at Bitters Rd. & Loop 1604

 Tenant Lounges & Outdoor Patio Spaces

 High End Lobbies

 Landscaped Courtyard with Seating Areas

 State-of-the-Art Conference Rooms

 On-Site Property Management

 Solar Covered Carports

 Secure Building Access by Open Path

SCAN TO VIEW AVAILABLE SUITES

YOUR PARTNERS IN COMMERCIAL PROPERTY | 210.822.5220 | WorthSA.com 20089 - Worth - SA Lawyer Inwood Village half pg.indd 1

12/9/25 4:35 PM

January–February 2026 | San Antonio Lawyer® 23

Compassion: A Critical Component of Law Practice

By Paul Jacobs, Texas Lawyers’ Assistance Program Introduction Compassion is often overlooked and unattended in the legal community.

Compassion is a necessity, not a luxury, especially in the practice of law. This article provides simple steps toward self-compassion and compassion for others, including how to help legal professionals who may suffer from physical or mental health issues.

Mental Health and Practicing Law Lawyers refer to their work as practicing law. “Practicing” law is an ongoing process rather than something you complete. Similarly, maintaining your mental health is something you must constantly practice. Taking care of your mental health requires focusing on your physical, emotional, and spiritual health. A lawyer who seems to function well at work can still experience severe mental health issues.

A Personal Account Almost seven years ago, I was 59 1/2 years old. After years of drinking and drugging, I was physically, mentally, emotionally, and spiritually bankrupt. My experience painted a picture of an individual who maintained a facade of functionality at work, despite severe physical and emotional problems. I looked like a functional lawyer, but I lived a double life hiding physical and emotional pain. I’ve seen the same picture with peers who suffer severe mental health issues, addictions, and even death by suicide.

24 San Antonio Lawyer® | sabar.org

I looked like a functional lawyer, but I lived a double life hiding physical and emotional pain.

At one point during my drug use, a doctor friend told me that I was the most functional addict he had ever seen. Rather than recognizing that I had a problem, my addicted brain heard the description as a compliment. It wasn’t long, however, before drugs began controlling me instead of me trying to control drugs. I eventually “needed” the drugs to function, but in the most dysfunctional way of trying to function. Fortunately, I was admitted to the Mayo Clinic, where doctors diagnosed me with multiple severe and potentially lifethreatening medical conditions. I underwent several major procedures to treat medical and emotional disorders, including addiction.

Six years later, I am an attorney, a professional with the Texas Lawyers Assistance Program (TLAP), and president of the Texas Lawyers Concerned for Lawyers (TLCL). TLAP is a confidential department of the State Bar of Texas. TLCL is a 501(c)3 non-profit corporation that supports recovering members and those who suffer from alcoholism, chemical dependency, and other addictive disorders.

Before recovery, I practiced civil trial law for over thirty-five years and earned board certifications in Personal Injury and Civil Trial Law from the Texas Board of Legal Specialization and board certification in Trial Advocacy from the National Board of Trial Advocates.

The Statistics Studies indicate that 21% of lawyers, and over 33% of lawyers under thirty, have a substance use disorder. Lawyers are almost three times more likely than the general population to suffer from depression and more than twice as likely to suffer from alcoholism.1 Despite these statistics, substance abuse and depression are not inevitable. Exercising self-compassion can help.

including increased confidence, energy, personal growth, and even professional opportunities. According to Mahatma Gandhi, “The best way to find yourself is to lose yourself in the service of others.”

7. Practice principles over priorities.

Principles are our core values. Our values should be foundational, constant, and objective. Our priorities are our goals. Goals are transient, changing, and subjective. When you reach a fork in the road, choosing values over short-term goals will further mental health and a sense of fulfillment.

Exercising Compassion for Self Self-compassion encompasses finding healthy solutions to the stress of practicing law. It’s easy to fall into unhealthy habits like drinking and drugging to respond to stress in the practice of law. The following suggestions for exercising self-compassion are based on my experience:

1. Intentionally find moments of joy.

For example, go for a fifteen-minute walk and engage all your senses. Be intentional about doing things that fill you up, such as gardening, yoga, painting, golf, dancing, or pickleball.

2. Take time to decompress.

Before or after you return home each evening, be intentional about taking time to decompress. Go to the gym, take a walk, listen to soothing music, or take a bath. Decompression helps you separate work from your personal life.

3. Be grateful.

Lawyers often find themselves in situations that are out of their control.

Even if you cannot control a situation, you can control your attitude in relation to the situation. Having an attitude of gratitude is a way of reducing anxiety and stress related to situations where things are outside of your control.

4. Be kind.

Kindness includes being nice to yourself. Talk kindly. The Dalai Lama says, “Whenever possible, be kind.

And it is always possible.”

5. Build a healthy community.

A “healthy community” is defined by deep and trusting relationships, characterized by mutual assistance, shared commitment, histories of trust, and affection between people.

6. Serve others.

Serving others not only benefits recipients by providing needed support and building hope but also brings significant advantages to the server,

Continued on page 26

RESOLUTION, YOUR WAY.

Former State District Judge

DAVID A. CANALES

A.D.R. SERVICES: Mediation

Focused, neutral guidance that helps parties reach meaningful resolution

Arbitration

Firm, grounded rulings delivered by a former judge trusted for fairness

Private Judge

Judicial decisions delivered privately, efficiently, and on your schedule

LEGAL SERVICES: Local Counsel

Providing trusted insight in Bexar County for significant civil matters

Guardian Ad Litem Careful review to ensure minors’ settlements are fair and appropriate

DETERMINATION AUTHORITY RESULTS

"Driven by principle and precision, I bring judicial experience, thoughtful analysis, and a resultsoriented mindset to every case, helping you and your clients navigate conflict with patience, confidence and clarity."

Se habla espańol.

210-739-1336 info@dacfirm.com www.dacfirm.com January–February 2026 | San Antonio Lawyer® 25

Exercising Compassion for Others Self-compassion allows you to be available to others in need. Taking care of yourself helps you become more attuned to those around you who may suffer. You keep the mental health you have by giving it away.

This includes being willing to serve others by exercising compassion for others who may suffer. The following list contains ways you can exercise compassion for others:

5. Talk about self-care.

1. Ask questions.

6. Offer help in seeking support and provide information on ways to seek support.

When you notice that a colleague may need help, it’s important to approach the colleague and offer resources. Asking questions is an extremely powerful tool for lawyers. Questions show curiosity and invite conversation. Exercise compassion by asking questions in an open and non-judgmental space without distraction. You don’t have to agree with what your colleague says, but you can show you understand how your colleague feels. By doing so, you validate and show respect for the person’s feelings.

2. Let the person share as much or as little as the person wants.

Let the conversation proceed at the person’s pace. Listen attentively without judgment. If the person isn’t ready to talk about a matter, don’t push. Talking can take trust and courage. The person may not have ever spoken about the matter to anyone.

3. Don’t try to diagnose or second-guess.

You probably aren’t a medical expert, and while you may be happy to talk and offer support, you aren’t a trained mental health counselor. Try not to make assumptions about what is wrong or jump in too quickly with your own diagnosis or solutions.

4. Keep questions open-ended For example, rather than saying, “I can see you are feeling very low,” say, “Why don’t you tell me how you are feeling?” Try to use neutral language. Give the person time to answer. Minimize the number of questions.

Discuss your experience in practicing self-care and ask if the person finds anything helpful. Having healthy solutions such as a healthy community, being of service, exercise, having a healthy diet and getting a good night’s sleep can help protect mental health and sustain wellbeing.

It’s sometimes difficult to change without help. Albert Einstein once said that the key to true intelligence is the ability to change.

Help Through TLAP TLAP offers a path for change with help from peers, behavioral health, and/or medical professionals. If a Texas legal professional wants help, TLAP provides a confidential program to provide help, hope, and resources. TLAP is available 24/7. All communications are confidential.

You can reach TLAP by calling or texting 1-800-343-8527 (TLAP).

If you have benefitted from help from others, including TLAP, share that. For years I was afraid to ask for help. My fear delayed getting the help I needed and caused additional harm to myself, my family, friends, and clients. However, once I was willing to ask for and accept help, my life turned around. Some of the most powerful TLAP resources are Texas lawyers and judges in recovery or remission from a mental health or substance use problem who are willing to serve through confidential one-on-one support. I am forever grateful that I finally had the courage to reach out to TLAP for help!

Conclusion My personal experience shows that lawyers with mental health or substance use problems who ask for and accept help are more productive, more profitable, and overall happier people. Recovering lawyers can learn tools for living a more productive life and cultivate compassion to cope with the inherent stresses of the practice of law and better handle life on life’s terms.

P aul Jacobs is an attorney and TLAP professional.

At TLAP, he connects judges, lawyers, and law students with needed mental health and addiction resources.

Jacobs speaks publicly to increase awareness of, and destigmatize, mental health and substance use disorders.

ENDNOTES Debra Cassens Weiss, “Lawyer Depression Comes Out of the Closet,” ABAJ, Law News Now, Dec. 13, 2007.

1

26 San Antonio Lawyer® | sabar.org

TEXAS LAWYERS’ ASSISTANCE PROGRAM TLAP offers a path for change with help from peers, behavioral health, and/or medical professionals. If a Texas legal professional wants help, TLAP provides a confidential program to provide help, hope, and resources.

TLAP is available 24/7. All communications are confidential. You can reach TLAP by calling or texting 1-800-343-8527 (TLAP).

January–February 2026 | San Antonio Lawyer® 27

Briefly

SAN ANTONIO B A R A S S O C I AT ION

Briefly will now be included in San Antonio Lawyer!

Briefly is a column that features SABA members and firm updates, new hires, awards and other professional news. Submit Briefly notices to comm@sabar.org.

NOVEMBER

DECEMBER St. Mary’s University Law Alumni Association. Lara Brock (J.D. ‘14), Senior Partner Attorney at Espinoza & Brock, was recognized as the Distinguished Young Alumna.

Langley & Banack welcomes Sarah Dunks Cowan and Cameron Crivellari as the newest associates on its San Antonio team. Cowan and Crivellari, recent graduates of St. Mary’s University, passed the July 2025 Texas Bar Exam.

The Association of Corporate Counsel’s San Antonio Chapter and The Texas Lawbook have partnered for the 2025 San Antonio Corporate Counsel Awards, recognizing the achievements of inhouse counsel. This year’s Lee Cusenbary Ethical Life & Leadership Award recipients are Elena Kraus, Chief Legal Officer at Whataburger Restaurants, and Steven Jansma, partner at Norton Rose Fulbright.

Joe A. Gamez (J.D. ‘73), founder of Joe A. Gamez Law, was named the 2025 Distinguished Law Graduate by the

28 San Antonio Lawyer® | sabar.org

Kim Ford, President of theKFORDgroup, was named Distinguished Alumnus of Texas Tech University’s Rawls College of Business, the highest honor awarded by the college, recognizing her exceptional leadership and lasting impact on the business community.

Langley & Banack Shareholder Arthur Bayern celebrated 60 years of practicing law and 50 seasons with Spurs Sports & Entertainment, where he serves on the Stats Crew and as a scoreboard operator. Bayern is Board Certified in Estate Planning and Probate Law.

The Morales Padia Law Firm celebrated 12 years of serving San Antonio with the grand opening of its new office. Attendees toured the space and networked with colleagues and community partners.

Baltazar “Walter” Serna, Partner at Serna & Serna, was honored by the San Antonio Independent School District with a 2025 Inspire Award.

The Inspire Awards celebrate SAISD alumni who have risen to the top of their fields and made a significant impact on their community.

The San Antonio Bar Foundation presented a grant to Texas RioGrande Legal Aid’s Hill Country Flood Fund. San Antonio Bar Association President Nick Guinn and San Antonio Bar Foundation Chair Patty Vargas presented the grant to Javier Espinoza, Chair of the Texas RioGrande Legal Aid Board of Directors.

Maribel Cordova Wasmiller, Partner at Wasmiller Cordova Attorneys at Law, was recognized by the Texas Trial Lawyers Association with the Rachel Ambler Empowerment Award. This award honors attorneys committed to supporting women in the legal profession.

Scan the QR Code for links to the full online Briefly posts, which often include additonal details.

YO U R C L I E N T S . T H E I R L EG AC Y.

Ray | Peña | McChristian PC proudly welcomes Laura Rua and Benjamin Peña to the firm. Both graduates of St. Mary’s University School of Law, Rua and Peña were members of the National Moot Court Team.

Our Expertise.

As your clients make their plans for the year, it’s the perfect time to discuss estate planning and trust administration.

Our experienced Trust Advisors can partner with you to ensure every detail is managed with care and precision.

Let’s provide the peace of mind that matters most.

Probate Judge Veronica Vasquez was proud to lead the team that secured the federal Victims of Crime Act grant to establish the Senior Justice Assessment Center, a group that will review cases of elder abuse, neglect, and exploitation.

Erin Rogiers, Partner at Guerra LLP, was recognized at the Texas Trial Lawyers Annual Meeting with the Thom Rhodes Making a Difference Award for her work on behalf of Uvalde gun violence families. uerra LLP welcomes G Alexandria Rios as its newest associate. As a student at St. Mary’s University School of Law, Rios clerked full-time for Guerra LLP.

JeffersonBank.com/Trust | (210) 736-7600 Investment products not FDIC insured, not guaranteed, may lose value.

January–February 2026 | San Antonio Lawyer® 29

Bar Community

Affinity Bars and SABA Committee Celebrate the Season SABA Federal Courts Committee SABA Federal Courts Committee members and guests at the Winter Judges Dinner

Photos courtesy of SABA Federal Courts Committee

United States Magistrate Judge Betsy Chestney presides over the annual mock trial for the junior and senior classes of the Judge Andy Mireles Law Magnet program at Fox Tech High School.

Bexar County Women's Bar Holiday Luncheon

Jade Heep, Hayley Ellison, and Whitney Thomas present the BCWB’s donation raised at Autumn Affair to local non-profit For Her. Photos

courtesy of Bexar County Women’s Bar

30 San Antonio Lawyer® | sabar.org

Outgoing BCWB President Hayley Ellison presides over the luncheon, which included announcement of the 2026 BCWB officers and directors and the 2026 LEAD class.

MABA San Antonio Pachanga

See yourself in San Antonio Lawyer!

San Antonio Lawyer is proud to feature moments of the San Antonio legal community serving others, networking, educating, and celebrating.

Submit your affinity bar and section gathering photos and recaps to comm@sabar.org to be featured in our next issue.

MABA San Antonio 2025 Pachanga Award Recipients; Douglas Dilly, Legal Profession Award, Soy Latina, Community Leader Award and George Salina, Business Leader Award Photos courtesy of Mexican

American Bar Association San Antonio

SAYLA Holiday Party

TRUTH IN THE NUMBERS. STRENGTH IN YOUR CASE. Financial disputes demand more than spreadsheets—they demand clarity. theKFORDgroup provides objective, detail-driven forensic accounting to uncover discrepancies, identify fraud, quantify losses, and translate complex data into clear, courtroom-ready insights.

Whether working behind the scenes or serving as expert witnesses, we give attorneys and clients the facts they need to move forward with confidence.

SAYLA Board Photos courtesy of SAYLA

Schedule a consultation today.

Chelsea Mikulencak and Richard Clifton with Marcus and Lisa Coleman of nonprofit Soy Latina, SAYLA’s Holiday Party beneficiary.

8620 N. New Braunfels, Suite 300 I San Antonio, TX 78217 210-340-8351 I Fax 210-340-8359 I KFG25_017_SALawyer_JanFeb_112425.indd 1

11/24/25 5:22 PM

January–February 2026 | San Antonio Lawyer® 31

A new look that reflects who we’ve always been

ad index

Steven Bankler, CPA, Ltd.

ATKG Advisors, LLC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

IS NOW

Broadway Bank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Bankler Partners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Brusniak Turner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Canales Law & ADR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Steven Bankler

Davis Settlement Partners. . . . . . . . . . . . . . . . . . . . . . . . 37

CPA, PFS, Cr.FA, CFF, CGMA Founding Partner

EmployStats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Donald R. Philbin, Jr. P.C. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Gallant Computer Investigative Services, LLC. . . . . 16 Gunn, Lee & Cave, P.C.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Integris . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Same Trusted Expertise.

Same Dedicated Team.

Jefferson Bank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Katzman & Katzman, PLLC. . . . . . . . . . . . . . . . . . . . . . . . 32 Law Office of J. Michael Clay. . . . . . . . . . . . . . . . . . . . . . 19

Now with an Elevated Look.

National Academy of Distinguished Neutrals. . . . . 33 RBM Industries, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Rev. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Exit Planning and Succession Tax Planning and IRS Representation Forensic Accounting Expert Witness (business damages, bankruptcy, business divorce, etc.)

Spivey Valenciano, PLLC . . . . . . . . . . . . . . . . . . . . . . . . . . 27

ED

SED

AL

Texas Lawyer Insurance Exchange. . . . . . . . . . . . . . . . 16

TO N I O

LY T R U S

T

N

AN

BA

SA

Texas Best Ranches. . . . . . . . . . . . . . . . . . . . . . . . . 7, 20-21

N

210.691.3133 | 9901 IH-10 West, Ste. 501, San Antonio, TX 78230

Scott Baker Mediation, LLC . . . . . . . . . . . . . . . . . . . . . . . 26

N AT I O

D I S C O V E R W H AT ’ S N E W AT B A N K L E R . C O M

Rio Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

The Association of Attorney-Mediators. . . . . . . . . . . 13 theKFORDgroup . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Worth & Associates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

It’s settled Alex Katzman

Your resource to share firm news.

Resolving Cases Delivering Results

Advertise Referrals

Promote Verdict Successes Mediating all types of civil litigation cases from pre-lit to post verdict since 2007.

Board Certified in Civil Trial Law* **

Share Promotions

Introduce New Employees

*Texas Board of Legal Specialization (TBLS) **National Board of Trial Advocacy (NBTA)

AV Rated Texas Super Lawyer: every year since 2009 To schedule an in-person or virtual mediation, visit

www.KatzmanAndKatzman.com/adr-mediation/ or call

210.979.7300 32 San Antonio Lawyer® | sabar.org

Contact Chellie Thompson at chellie@monarchmediainc.com, for more information.

RBM Industries, Inc. 18911 Hardy Oak Blvd. Suite 121 San Antonio, TX 78258 P: 210-469-4611 F: 210-404-2402 info@rbm-inc.com www.rbm-inc.com

SERVICES Support of Litigation Geo-Structural Forensics Shallow Foundations Deep Foundations Retaining Walls Excavations

Dr. Rozbeh B. Moghaddam (Roz), a licensed civil engineer with a doctoral degree and extensive expertise in foundations, Geo-Structural Engineering, and expansive soils, offers specialized litigation support to clients facing complex construction and soil-related disputes. With over 20 years of experience and a deep understanding of soil mechanics and foundation behavior, Roz provides expert evaluations, data analysis, and clear scientifically grounded testimony to support case proceedings.

TEXAS CHAPTER MEMBERS IN SAN ANTONIO

Scott BAGE

John BOYCE

Roger BRESNAHAN

Joseph CASSEB

Aric GARZA

Gary JAVORE

Kevin MICKITS

Don PHILBIN

Dan POZZA

Hon. Karen POZZA

Krishna REDDY

Roberto RIOS

Wade SHELTON

Hon. John SPECIA, Jr.

Hon. Phylis SPEEDLIN

Hon. Catherine STONE

Check preferred available dates & schedule online in seconds - for FREE

Visit our TX Chapter at www.TexasNeutrals.org Visit our National Database of over 1000 top litigator-rated mediators & arbitrators at www.NADN.org

January–February 2026 | San Antonio Lawyer® 33

Fourth Court Update

Using Texas Rule of Appellate Procedure 34.5a— an Untapped Benefit

By Justice Lori Massey Brissette and David Miracchi

F

ollowing the lead of several sister states1 and the federal court system,2 Texas now permits an appellant in a civil case to elect to file an appendix in lieu of the clerk’s record. See Tex. R. App. P. 34.5a (implementing Texas Civil Practice & Remedies Code section 51.018). But few appellate litigants are taking advantage of the election.

This article first summarizes key requirements for an appellant electing to file an appendix under Rule 34.5a, including the application of new local rules for the Fourth Court of Appeals, and then discusses the potential benefits of this new rule and the problems created when its requirements are not met.

Timing To make the election, the appellant must notify both the trial court and the court of appeals within ten days of filing the notice of appeal. Tex. R. App. P. 34.5a(a). This ensures the trial court clerk knows she need not—and must not—prepare or file a clerk’s record. Tex. R. App. P. 35.3(a), 34.5a(h). The appellant must then file the appendix with the court of appeals contemporaneously with the appellant’s brief. Tex. R. App. P. 34.5a(b).

Both are due within thirty days (or twenty days in an accelerated appeal) of the later of (1) the date the appellant filed the notice of election or (2) the date the reporter’s record, if any, is filed with the court of appeals. Id.

Contents The appendix must contain all documents required by Rule 34.5(a) for a civil case and any other item referenced in the appellant’s brief.

Tex. R. App. P. 34.5a(e). However, the appendix must not contain any document that was not filed with the trial court, unless the document was issued by the trial court or the parties agree to its inclusion. Tex. R. App. P. 34.5a(f). The appendix must be filed separately, contain consecutively numbered pages, and meet the filing requirements of Rules 9.4(h), 9.8 and 9.9. Tex. R. App. P. 34.5a(g). The Fourth Court of Appeals has recently promulgated Local Rule 3.2, which contains additional requirements, such as an index in chronological order and 34 San Antonio Lawyer® | sabar.org

electronic bookmarks for each document if the appendix is filed electronically. 4th Tex. App. (San Antonio) Loc. R. 3.2.

Deficiencies If an appellant makes this election, the rule permits any other party to file a supplemental appendix when that party files its brief, and alternatively permits the parties to file a joint appendix. Tex. R. App. P. 34.5a(c). The court of appeals may direct the appellant to file a supplemental appendix containing missing items, and if the appellant fails to supplement as requested, “the court of appeals may presume that the missing items support the trial court’s judgment.” Tex. R. App. P. 34.5a(d).

Benefits and Dangers We anticipate the new rule will significantly benefit Texas courts and practitioners. First, hardworking trial court clerks can benefit from a reduction in the number of appellate records they must prepare. And an appellant electing to file an appendix avoids the trial court clerk’s fee for preparation of the clerk’s record, while gaining more control over the presentation of the record to the court of appeals. Further, the new rule could allow appellate proceedings to move forward faster since the parties do not need to wait for the trial court clerk to file the record, accelerating the briefing schedule.

The staff of our courts of appeals can benefit from more targeted records as well.

It is not unusual for an appellate record to contain a small number of pages relevant to the issues presented, hidden among thousands of extraneous documents such as duplicates, unsigned orders, irrelevant motions, and amended petitions that were superseded by the live petition. That is likely because appellate attorneys, when electing to have the trial court clerk prepare the record, must designate the required record items long before they have fully digested the record and understood the issues to be presented.

That can result in overbroad requests made out of an abundance of caution and lead to an unnecessarily voluminous record. When making the election to file an appendix with

her brief instead, the appellant is in a better position to identify and include only those documents necessary for the court’s review of the issues posed. See Tex. R. App. P. 34.5(b).

Nevertheless, we caution that Rule 34.5a benefits practitioners and Texas courts only when appellants diligently adhere to the requirements of the rule. This new rule is similar to what has, for years, been the practice in a mandamus proceeding, where the relator must file a record to obtain relief. See Tex. R. App. P. 52.3(k), 52.7. But, too often in mandamus proceedings, we must pause to allow the litigant to correct or supplement the record or we must deny relief outright because of the lack of one. If this rule is to benefit us all, appellate practitioners must play a crucial role in ensuring our Texas courts of appeals timely deliver justice for the parties.

Justice Lori Massey Brissette has served on the Fourth Court of Appeals since July of 2024. In addition to her trial and appellate practice and a stint as in-house counsel, she also served as judge of the 288th District Court in Bexar County from 2003 to 2008. Justice Brissette is a Sustaining Life Fellow of the San Antonio Bar Foundation, a Sustaining Member of the State Bar of Texas Litigation Section, and a Master of the Bench in the William S. Sessions Inn of Court.

David Miracchi is a Staff Attorney for Justice Lori Massey Brissette. After graduating with Honors from the University of Texas School of Law in 2020, David worked as an Honors Attorney for the U.S. Department of Labor and then as an Assistant Attorney General for the Texas Office of the Attorney General. He joined the Fourth Court of Appeals as a Staff Attorney in May of 2024.

ENDNOTES See, e.g., Cal. R. Ct. 8.124; N.Y. C.P.L.R. 5525–26; N.J. R. App. Prac. 2:6-1; Ind. R. App. P. 50.

2 See Fed. R. App. P. 30.

1

WAGE AND HOUR

Matt Rigling, M.A. Practice Lead

ECONOMIC DAMAGES

Cary Elliott, Ph.D. Practice Lead

EXPERT WITNESS

Sama Agrawal, Ph.D. Practice Lead

BIG DATA ANALYTICS

Roberto Cavazos, Ph.D. Dwight Steward, Ph.D. Practice Lead

Principal Economist

SCAN TO CONNECT WITH OUR EXPERTS www.employstats.com

EmployStats

1-866-629-0011

Make IT work for your law firm BELL

�

Extraordinary service

Dedicated expertise

�

�

Enterprise-level resources

Flexible solutions

�

�

Support for legal applications

Cost transparency

January–February 2026 | San Antonio Lawyer® 35

Federal Court Update

Western District of Texas Court Summaries

By Soledad Valenciano, Sabrina Salazar, and Clarissa Valenciano If you are aware of a Western District of Texas order that you believe would be of interest to the local bar and should be summarized in this column, please contact Soledad Valenciano (svalenciano@svtxlaw.com, 210-787-4654) with the style and cause number of the case, and the entry date and docket number of the order.

Probate; Motion to Remand Moreno v. PHH Mortg. Corp., No. SA-25CV-00658-JKP (Pulliam, J. – October 2, 2025).

An independent executor (Moreno) filed suit in state court against a mortgage company and obtained a temporary restraining order precluding an imminent foreclosure. The mortgage company removed the action.

Moreno moved to remand, alleging the court lacked subject matter jurisdiction due to “the probate exception,” which precludes federal courts from adjudicating any matter involving property “in the custody of the probate court.” Federal courts apply a twostep inquiry to determine application of the probate exception to diversity jurisdiction: (1) whether the property in dispute is estate property within the custody of the probate court; and (2) whether the plaintiff’s claims would require the federal court to assume in rem jurisdiction over that property. The appointment of an independent executor withdraws the estate from the supervision and control of the probate court, and, so long as the estate remains under the control of the executor, the probate court lacks jurisdiction to approve a claim against the estate. The appointment of Moreno as independent executor and the diversity of the parties gave the court jurisdiction to hear Moreno’s claims; therefore, the court denied the motion to remand.

36 San Antonio Lawyer® | sabar.org

Contract Construction; Summary Judgment Navarro v. New Leaf Homes, LLC, Nos. SA-23-CV-00292-XR, SA-23-CV-00293XR, SA-23-CV-00477-XR (Rodriguez, X. – September 23, 2025) (adopting Magistrate Judge’s Report and Recommendation (Chestney, E. – September 3, 2025)) The district court adopted the magistrate judge’s report and recommendation recommending denial of the parties’ crossmotions for summary judgment addressing the plaintiffs’ breach of contract and wage and hour claims against their former employer, defendant New Leaf Homes, LLC. The plaintiffs each separately sued New Leaf in state court alleging it wrongfully withheld sales commissions. The cases were removed and consolidated. Finding the independent contractor agreement governing the plaintiffs’ employment was ambiguous as to New Leaf ’s right to withhold commissions, the court construed that ambiguity against the drafter (New Leaf ) and held New Leaf failed to establish as a matter of law that it did not breach the contract. The court also denied summary judgment on the plaintiffs’ FLSA claims because New Leaf failed to establish the plaintiffs were subject to the “outside sales exemption” to the FLSA’s wage and hour requirements. The court noted that New Leaf ’s attempts in its objections to direct the district court to the relevant portions of the record were untimely, and considering them now would prejudice the plaintiffs, who had not had an opportunity to address them.

Agreed Motion to Remand Ornas v. Amazon.Com, Inc., No. 5:24-CV0316-JKP-RBF (Pulliam, J. – September 12, 2025).

The court denied an agreed motion to remand that sought judicial approval of a settlement in accordance with state law because subject matter jurisdiction can neither be conferred nor destroyed by the parties’ agreement or waiver. District courts may only remand cases to state court on grounds authorized by statute. Because neither party demonstrated a defect in the removal process or a lack of subject-matter jurisdiction, remand was not warranted. The federal court may conduct proceedings to approve the parties’ settlement.

Motion to Dismiss John Doe Gloria v. DolGenCorp of Tex., Inc., No. SA24-CV-01127-FB (Biery, F. – September 17, 2025).

Several defendants filed motions to dismiss due to the plaintiff’s failure to serve one defendant (John Doe), arguing that more than 120 days had passed since the filing of the lawsuit in state court and more than 90 days had passed since removal. Because the plaintiff had requested the deposition of a person who may have information on the identity of John Doe, the plaintiff argued the court should defer ruling on the motion to dismiss until the completion of discovery on October 13, 2025. Recognizing that the Fifth Circuit Court of Appeals encourages district courts to allow discovery when it might permit a plaintiff to obtain the identity of an unknown defendant, the court denied the motion to dismiss subject to re-urging following the completion of discovery.

SPONSORED CONTENT

Motion to Dismiss; Claims for Military Benefits Claybrone v. Dean, No. 5:25-CV-00467JKP (Pulliam, J. – September 26, 2025).

Dean, a servicemember, submitted a forged document to his commanding officer purporting to nullify his marriage to Claybrone without her knowledge, her consent, or legal notice. As a result, Claybrone and Dean’s son (Christopher) lost military housing and health-care benefits, including treatment for a transient ischemic attack later sustained by Claybrone. After the Navy declined to restore Claybrone’s and Christopher’s benefits, Claybrone sought judicial review. The United States moved to dismiss on the basis that the Secretary of Defense’s determinations regarding healthcare and housing may not be reviewed by any court absent an allegation that the United States committed fraud or gross negligence. The United States argued Claybrone did not allege fraud or gross negligence by the United States but only that the United States was merely negligent in failing to investigate Dean’s fraud.

The court agreed and concluded amendment of Claybrone’s complaint would be futile. The court also concluded service was defective under FRCP 4(c)(2) and/or the rules of the relevant state jurisdictions.

Soledad Valenciano practices commercial and real estate litigation with Spivey Valenciano, PLLC.

Avoiding Malpractice in Taxable Damages The 2025 Tax Law made permanent the loss of ‘personal exemptions’, which means an individual can no longer deduct Attorney Fees and Expenses from their ‘taxable’ litigation settlements; they must pay taxes on the GROSS recovery. Congress carved out “unlawful discrimination” settlements, with few other exceptions.

Attorneys can no longer deal with Taxable damages of ‘non-physical injury’ and ‘punitive damages-Gross Negligence’ after an agreed settlement/mediation or before funds are distributed.

The remedy is to create a Plaintiff Recovery Trust (PRT) on ‘contingency fee’ cases that must be created BEFORE the mediated settlement; the litigation must be transferred to the trust prior to an agreed settlement so the plaintiff can avoid taxation on the fee/ expense portion of the recovery, receiving tax reporting (an IRS Form K-1) only on the net recovery.

Now these wrongful death cases in Texas under the 408 statute are not only taxable, but paying taxes on the GROSS settlement has a devastating effect for widows and orphans, and serious implications for attorney malpractice.

Structured settlements also have a role to play: Tax savings occur when structuring client proceeds to lower tax brackets! (Use in conjunction with the PRT to maximize tax savings or as only remedy if it is too late for the PRT).

WITHOUT USING ONE OF THESE REMEDIES, THE ATTORNEY’S FEES EXCEED THE NET DOLLARS TO CLIENT! Plaintiff attorneys: Beware! Malpractice trap is waiting, and you will have a difficult time justifying your fees that exceed the net to clients!

These cases require extra-care, planning and action. Create a PRT before mediation! There are no up-front costs in doing so… but plenty of problems if you do not. Defer finalizing the mediated settlement until the PRT is in place (more time is allowed if any Court orders are required, or if case is Appealed) Appellate attorneys: Interest accumulations on appeal should be considered for amounts of $100,000 or greater. Punitive damages is a must do.

Sabrina Salazar practices commercial litigation with Dykema Gossett PLLC.

Clarissa Valenciano is a 3L at Texas Tech University School of Law.

Mediator/Arbitrators: Alert plaintiff attorneys to this issue; consider a means for parties to finalize the settlement agreement after a PRT is in place.

TRIAL VERDICT STRATEGIES: A PRT works as long as (1) there is no binding release, or binding agreement to enter into a release. Get busy creating a PRT before the verdict is final for any taxable damages (Non-physical injuries, Defamation, Contract disputes, Punitive damages, etc.)

Contact us for more information on these options and remedies.

DAVIS SETTLEMENT PARTNERS The Attorney’s Indispensable Partner in Settlement Planning

830.609.5555 • www.DavisSettlementPartners.com

January–February 2026 | San Antonio Lawyer® 37

Endnotes

Original art, Cloud Cathedral, by Judge Rosie Alvarado.

Photo courtesty of Judge Rosie Alvarado

38 San Antonio Lawyer® | sabar.org

Where Can I Find A Property Tax Lawyer?

COMPREHENSIVE STATEWIDE PROPERTY TAX REPRESENTATION Trusted by Lawyers, Tax Consultants and Taxpayers Since 1981 17480 DALLAS PARKWAY, SUITE 210 DALLAS, TEXAS 75287 214.506.1073 JOHN@TEXASPROPERTYTAXATTORNEYS.COM

WWW.TEXASPROPERTYTAXATTORNEYS.COM

January–February 2026 | San Antonio Lawyer® 39