austin lawyer, november 2015

austinlawyerHonoring Veterans by Serving ThemBy AllAn K. DuBois AnD lAurA Fowler

his Veterans Day, as we honor and thank the brave men and women who served in the United States

military, the State Bar of Texas is keenly aware that more must be done to serve our veterans.

Texas continues to have one of the nation’s largest veteran populations. Approximately 1.7 million current Texas residents have served in the military, according to the National Center for Veterans Analysis and Statistics. We are grateful for their service.

While the national veteran population decreased 17 percent between 2000 and 2015, the U.S. Department of Veterans Af-fairs reports Texas’ veteran population has increased. Nationally, more veterans served during the Vietnam War era than other periods of service, while the Lone Star State currently registers more veterans of the Gulf War era than veterans from Vietnam.

These facts and statistics present a unique set of challenges for Texas — and a call to action. The National Center for Veterans Analysis and Statistics has observed the poverty rate among veterans is slowly rising, and Gulf War veterans have a higher poverty rate in comparison to veterans of other periods of wartime service.

These men and women return from service with complicated health and living issues. No doubt many need the assistance of an attorney to help them navigate benefits and pension claims or to assist in civil or family matters.

Five years ago, the State Bar of Texas created Texas Lawyers for Texas Veterans, a program to develop and assist pro bono legal clinics to help veterans who otherwise could not afford legal services. Texas Lawyers for Texas Veterans collaborates with local bar associations, legal aid organizations, and veterans service providers to host legal advice clinics throughout the state. Since the project’s launch, more than 18,000 veterans have been served by 5,000 or more volunteer attorneys.

We are two of those volunteer attorneys. Both of us are veterans who served in the Judge Advocate General's Corps (JAGC) and continue serving veterans today at

November 2015Volume 24, Number 9

www.AustinBar.org

FeaturesHonoring Veterans by Serving Them ................. 1

Austin LGBT Bar Raises Scholarship Funds ....... 7

Barbara Jordan Inn of Court Applications Due ... 8

Texas Access to Justice Awards Advocacy Grant ...10

Leading by Example: It Takes Practice ...............12

MAMAs Austin Launches Website .....................14

NBTA Forms Austin Chapter ..............................16

Legal Line Volunteers—Thank you! ...................20

DepartmentsPresident’s Spotlight .......................................... 4

Opening Statement ......................................... 11

3rd Court of Appeals Update .......................... 15

Briefs .............................................................. 17

AYLA .............................................................. 18

Upcoming Events ........................................... 22

Classifieds /Ad Index ....................................... 23

continued on page 6

Left: Allan DuBois, president of the State Bar of Texas Right: Laura Fowler, founder of The Fowler Law Firm

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Austin Bar AssociationJudge Eric Shepperd ......... PresidentLeslie Dippel ................... President-ElectAmy Welborn .................. SecretaryAdam Schramek .............. TreasurerJudge Elisabeth Earle ........ Immediate Past

President

Austin Young Lawyers AssociationChari Kelly ...................... PresidentKatie Fillmore .................. President-ElectJorge Padilla..................... SecretaryAustin Kaplan .................. TreasurerAmanda Arriaga .............. Immediate Past

President

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November 2015 Austin Lawyer 3

4 Austin Lawyer November 2015

President’s Spotlight

More Veterans to Serve, More Action to TakeAs we express our gratitude, we must never forget that the highest appreciation is not to utter words, but to live by them. – John F. Kennedy

Veterans Day is a day set aside to express our gratitude to those brave men and women who have sacrificed all for our country. It is right to honor our veterans on this day. It’s the least we can do. But words are not enough; we must live by them. The Austin Bar Association began holding the Free Legal Advice Clinic for Veterans more than five years ago because we wanted to do more. And now, we realize it’s not enough. There are more veterans to serve, there is more action to take, and more gratitude to show. Through a grant provided by the Texas Access to Justice Foundation, we are expanding the Free Legal Advice Clinic for Veterans to seven counties outside of Travis County. Our veterans have served us well. It’s our privilege as attorneys to now serve them. #austinbarinaction

Free Legal Advice Clinic for Veterans: Expansion Plans in ProgressBy Britni rAchAl, Austin BAr AssociAtion

he 10th anniversary of the Free Legal Advice Clinic for Veterans will look entirely different than its fifth anni-versary. Plans are in the works to expand the clinic to

outlying counties. The Austin Bar recently received a $127,800 two-year grant from the Texas Access to Justice Foundation to hire a part-time attorney to expand the clinic not only through-out Travis County, but also to Bastrop, Blanco, Burnet, Caldwell, Gillespie, Hays, and Williamson counties.

New part-time Austin Bar staff member and attorney, Douglas Lawrence, is already hard at work on the expansion. Lawrence joined the Austin Bar in early September with a back-ground in public service. He says members of the legal commu-nity started to notice a growing need in the veterans population. In many cases, veterans are unable to make it to the Free Legal Advice Clinic on scheduled dates because of scheduling and transportation conflicts. Oftentimes, they are trying to drive to Travis County from another neighboring county.

“If we go out there and someone misses the clinic, we don’t want them to have to wait until the next clinic,” Lawrence ex-plained. “The expansion will allow for more continual service.

We can cut down a lot of time by having one person they can call

for direct information.” Lawrence will serve as that point person with the veterans and

attorney volunteers. He will start by recruiting attorney volunteers in other counties to help serve at the new clinic locations.

“Basically, we are going to take what we have working well in Austin to these other counties and run it for them. After five years, we know what works and what doesn’t,” said Lawrence. “It probably won’t be exactly the same because not every county has a VA clinic like we do, but it will be similar.”

“The veterans clinic is the best community service proj-ect we have ever done,” said Austin Bar Executive Director, DeLaine Ward. “It is our way of saying thank you to them for serving our country and keeping us safe.”

Part of the problem veterans face is that they are given phone number after phone number to call, and in most cases, they aren’t able to talk directly to an attorney.

“These men and women have already done us a service, and anything we can do to keep them out of poverty, we should do,” said Lawrence. “No one wants to be that group of people that gives false help. We want to do more than just recite the law. We want to give them something tangible.”

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Judge Eric Shepperd, County Court of Law #2


Lawrence

5Free Legal Advice Clinic for Veterans Turns Five2015 MARKED A MAJOR MILESTONE for one of the Austin Bar As-sociation’s most popular services for the public. This year the Free Legal Advice Clinic for Veterans celebrated its fifth anniversary.

The program launched on June 29, 2010, with past Austin Bar presi-dents Jo Ann Merica and Randy Howry serving as co-chairs.

“Lawyers are the best positioned to offer legal advice and represen-tation. Providing free legal research at these clinics is a tribute to the veterans who served our country,” said Merica.

Over the years, the Free Legal Advice Clinic for Veterans has become more streamlined and efficient, but it still follows the same format from 2010. Organizers of the clinic modeled it off of the first veterans clinic established in Houston.

Topics that attorney volunteers assist the veterans with vary, but sev-eral stories stick out to Merica, including an annulment she did for an older veteran who had recently married a woman who made $1,200 a month, the exact same amount as his own income.

“He had gone into the VA to advise them of the marriage and had been informed he would lose his benefits because of his new wife’s income,” said Merica. “We had to annul the marriage so they could be able to support themselves – it was one of the saddest things I’ve ever done at the courthouse.”

The Veterans Free Legal Advice Clinic meets ten times a year on the second Monday of each month, except for July and October, when no

clinics are scheduled. The clinics run from 1:30 to 4 p.m. at the Austin VA Oupatient Clinic off of Metropolis Drive.

Approximately 2,065 veterans have received assistance at the clinics in the past five years. On average, Austin Bar attorneys assist 30 veterans at each clinic. Throughout the life of the program, nearly 175 attorneys have volunteered.

To volunteer at an upcoming Free Legal Advice Clinic for Veterans, please contact Doug Lawrence at [email protected].

In addition to attorney volunteers, the Austin Bar would also like to thank the following partner organizations for their help with the Veterans Clinic: � Austin VA Outpatient Clinic � Child Support Division of the Office of Attorney General � Dell Litigation � Lawyer Referral Service of Central Texas � Norton Rose Fulbright � Texas Lawyers for Texas Veterans � Texas Legal Services Center � Texas RioGrande Legal Aid � Texas VA Commission � Veterans Legal Initiative Coalition � Volunteer Legal Services of Central Texas

Through his new position, Lawrence will be able to give veterans direct legal advice, in hopes that they won’t have to be bogged down with as many forms, while being sent in multiple directions. Issues with veterans’ benefits, family law, landlord-tenant issues, probate, and bank-ruptcy are just some of the legal troubles veterans sometimes face. Lawrence also hopes to help all vet-

erans in Central Texas gain access to a Probate & Estate attorney who could provide them with a will. By avoiding legal fees, men and women who have served our country will have more money to spend on necessities and housing.

“Veterans in larger numbers are falling into poverty,” said Lawrence. “We want to keep everyone housed and happy.”

According to the National Coalition for Homeless Veter-ans, 33 percent of homeless men in the U.S. are veterans. The National Center for Veterans Analysis and Statistics also reports that the veteran population is seeing increases in the number of female and minority veterans.

The new clinic will be a good networking opportunity for members of the Austin Bar who volunteer with the legal clinic in Travis County. Sometimes, even though cases are outside of the county, legal business still needs to be handled in Travis County.

“Hopefully, our volunteers can help people in outlying areas with cases in Travis County. Also, if they have expertise

in particular areas, they can help one another with that,” said Lawrence. “Networking and working together are always good for attorneys.”

Lawrence joins the Austin Bar from Volunteer Legal Services of Central Texas, where he worked as a lead attorney for the past ten years, supervising countless legal clinics and helping low-income families with a broad range of legal issues. In some ways, his new role with the Free Legal Advice Clinic for Veter-ans brings him “full circle.”

“My whole legal career has been public interest law,” said Lawrence, who once worked in social work with mentally ill and homeless Americans. “I always notice a great deal of prob-lems for veterans within the legal community. It makes sense that my next step would be to become more involved and make sure veterans don’t fall through the cracks.”

The Austin Bar thanks the Texas Access to Justice Foundation for its support in the expansion of the Free Legal Advice Clinic for Veter-ans. The grant awarded to the Austin Bar is one of 16 grants, totaling $3.5 million, awarded to nonprofit organizations to help veterans gain access to legal services. In 2014, TAJF helped approximately 7,000 veterans receive legal help. In 2015, the 84th Texas Legislature also provided $3 million in funding for basic legal services for veter-ans and their families, to be used in the next two years.

“Too often, servicemen and servicewomen return from duty to find benefits delayed, families struggling, jobs scarce, homes in foreclosure, and debt collectors at the door,” said Texas Supreme Court Chief Justice Nathan L. Hecht. “We thank the legislature for providing the resources to ensure that when basic legal prob-lems pressure veterans, legal aid will be available for help.”

“With Texas having the second-highest population of veter-ans, it is essential that we provide legal services for those who have sacrificed so much for our country,” said Texas Supreme Court Justice Eva Guzman.

The first expansion of the Free Legal Advice Clinic for Veter-ans will likely take place in Williamson County before the end of this year. • AL

mailto:[email protected]


Fred HawkinsGreg BourgeoisBen CunninghamDavid MooreEric Galton

legal clinics in Austin and San Antonio.I, Laura, was a very green 24-year-old when I first began

serving the legal needs of military members and their depen-dents. I was deeply moved by the diversity of legal needs of the military members and their families. Loved ones often were spread all over the world; their needs required attorneys to think creatively and consider the implications of many state and even foreign laws.

Thirty-five years later, not much has changed about the needs of military members and their families. Except now, veterans who reside in the Austin area can rely on the Austin Bar Association’s Free Legal Advice Clinic for Veterans. They are very grateful for the help they receive. A lot of thought and care went into designing the clinic, pairing attorneys with veterans smoothly so no one waits very long to be served.

What is striking each time I attend is that often the attorneys who volunteer have no prior active-duty military or reserve ex-perience, but because they are so accomplished, they are great resources for the veterans whose complicated legal needs really do challenge even their level of experience and skill.

So this Veterans Day, as we honor those who have served

our country, we have two requests: (1) if you are an Austin-area lawyer, please volunteer with the Austin Bar Association by contacting Doug Lawrence at [email protected]; and (2) if you know a veteran who needs legal help, direct them to texasbar.com/veterans or call the Austin Bar Association at 512.472.0279 or the State Bar of Texas at 800.204.2222, x1514 for more information. • AL

Allan K. DuBois is president of the State Bar of Texas and the owner of the Law Office of Allan K. DuBois in San Antonio, where he handles civil litigation and appeals, mediation, and arbitration. He is a former U.S. Army JAGC lawyer who has volunteered for veterans legal clinics since their inception.

Laura Fowler, founder of The Fowler Law Firm in Austin, graduated from Baylor Law School in 1979 and began her career as a member of the U.S. Navy JAGC. Since returning to Texas in 1983, she has defended the rights of people and institutions in the state and federal courts of Texas.

I was deeply moved by the diversity of legal needs of the military members and their families.

– LAURA FOWLER

continued from cover

A Call to Action: Help Serve Our Veterans


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Austin LGBT Bar Gala Raises Funds for Law Student Scholarshipshe Austin LGBT Bar Association’s first scholarship

gala was a tremendous suc-cess, attracting more than 200 attendees. Sculpting the Future was held the evening of Sept. 24 at the Umlauf Sculpture Garden and raised funds for a new scholarship program to be administered by the Austin Bar Foundation. The scholarship will benefit LGBT and ally law students in Texas, beginning in the 2016-17 academic year. The

evening also honored Austin attorneys Chuck Herring and Jody Scheske, who success-fully secured Texas’ very first legal same-sex marriage and divorce, respectively.

“After only four years of existence, the Austin LGBT Bar Association was thrilled to kick off the scholar-ship with such a successful event honoring Herring and Scheske for their trailblazing work in LGBT advocacy,” said Elliott Beck, the Asso-ciation’s current president.

“With the money raised, we can begin supporting the next

generation of lawyers and advocates who will continue to fight for the rights of all people to be treated equally under the law.”

Herring and Scheske were each presented with the As-sociation’s first Legal Advocacy Awards for their efforts on behalf of the LGBT com-munity. Herring represented the first same-sex couple to legally marry in Texas — even before the U.S. Supreme Court decision in Obergefell v. Hodges, which found that same-sex couples could not be denied the right to marry under the Constitution. Also pre-Obergefell, Scheske succeeded in securing Texas’ first same-sex divorce by convincing the Texas Supreme Court that it should reject the state’s attempt to intervene in the case.

In addition to being treated to speeches by the honorees, gala attendees were invited to tour the beau-tiful grounds of the Umlauf Sculpture Garden, including its current temporary exhib-its, which were graciously made available for the event thanks to presenting spon-sor, Jackson Walker LLP. The evening also featured a live model sculpting demonstra-tion by local artist Cindy Debold, live violin and guitar performances, and com-plimentary food and music made possible by sponsors Eat Out In and Colorado High Vodka. • AL

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(from left) LGBT Bar Assocication Vice President Robert Vela; honoree Chuck Herring; LGBT Bar Association President Elliot Beck; honoree Jody Scheske


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DEADLINE: Monday, Nov. 30, 2015

Those interested should submit a letter addressed to Frank A. King stating their interest, a resume, and two letters of recommendation. Send materials to Allison Cunningham at [email protected].

American Inns of Court are designed to improve the skills, professionalism and ethics of the bench and bar. An American

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The Texas Access to Justice Foundation Awards $71,650 Grant to Texas Advocacy Project

he Texas Access to Justice Founda-tion has awarded a

$71,650 grant to Texas Advo-cacy Project (the “Project”) to support virtual legal clinics

staffed by Project attorneys at shelters throughout Texas. With these clinics, survivors of family violence will have the opportunity to speak regu-larly or video conference with Project attorneys to receive free legal services, includ-ing assistance with protective orders, divorces, suits affecting the parent-child relationship,

and custody modifications. “The intersection of poverty

and domestic violence creates logistical challenges for survi-vors to access the justice sys-tem, notably a place to meet

an attorney. The introduction of virtual legal clinics in safe locations such as shelters will increase access to justice for domestic and dating violence, sexual assault and stalking victims, particularly in rural ar-eas and areas underserved by other legal aid organizations,” said Heather Bellino, the Proj-ect’s executive director.

Potential clients will be made aware of the clinics by shelter staff and through targeted community outreach. Because statistics show only two percent of victims use residential shelter services, it is important to involve other stakeholders who interact with victims. To that end,

staff attorneys and volunteers assigned to the shelter will work with their leadership to market the clinics to local law-enforcement agencies, offices of court administra-tion, law libraries, faith-based organizations, and others in an effort to engage hard-to-reach populations. • AL

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opening statement

Outlining EffectivelyBy wAyne schiess, texAs LAw, LegALwriting.net

ast month we learned the value of outlining before writing. This month we’ll discuss how to create an effective outline.

In any good writing process, one important step comes before outlining: brainstorming. After all, you’ll need something to outline: topics or ideas or points. So jot them down or type them up. Three tips: Don’t edit yourself — you can edit later. Be over-inclusive — you can cut when you’re outlining. And don’t worry about order — it doesn’t matter yet, and besides, “Add-ing numbers initially requires you to know the best order for the points before you have clarified what all those points will be,” according to Ray & Cox in Beyond the Basics: A Text for Advanced Legal Writing. Just get the ideas down.

For an analytical document like a memo, motion, letter, or brief, you might not need to brainstorm the formal, required sections like Introduction, Statement of Facts, and Argument. You likely have a template or other guidance for those. So what you’ll be brainstorming are the issues you need to address, the main legal points underlying those issues, and any sub-points supporting the main points.

Once you’ve brainstormed, you can outline. Outlining a legal analysis usually has three steps: (1) identify and order the issues; (2) identify and order the main points for each issue; and (3) identify and order the sub-points for each main point.

The first step is to scan your brainstormed list and identify the issues. Write out each one fully. If your document addresses only one issue, hurray. Go to the second step. If you have multiple issues, you must order them. Three points of general guidance: (1) threshold issues come first: if you must address a substantive issue as well as standing, standing comes first; (2) common legal sense or logic often suggests an order: if you must address both liability and damages, liability comes first; and (3) importance may affect the order: if you must address two issues, and one of them is more important, the important issue comes first.

The second step is to identify and write out the major points you’ll address for each issue. These might be points of law in a memo or letter; they might be arguments or assertions in a motion or brief. Sort them by placing each one underneath the issue it relates to. Now write out, in a complete sentence, each point. If you have multiple points for an issue, write them all out. By definition, all the points under an issue are at the same level of your outline, so they should be written (and formatted) the same way — typically as a complete sentence.

Now order them. The same ordering principles apply: Ad-dress threshold points before substantive points and follow any order embedded in the legal rules. For example, if your points

address the elements of a legal standard, address them in the order they appear in the law. In ordering your points, the third principle, importance, takes on more significance. Generally, present the strongest or most important points first and order them in descending order of importance. Mary Beth Beazley, in A Practical Guide to Appellate Advocacy, gives a good reason: “When you start your argument with a strong point, the reader’s first thought is ‘This is a good argument,’ and that impression can carry over to the rest of the points you make.”

The third step is to identify and write out any sub-points or supporting points for each main point. Although you might later decide to phrase your sub-points as one- or two-word sub-headings, for purposes of outlining, it’s good practice to write out each sub-point as a complete sentence. In addition, under any main point, follow the formal outlining rule that you create a sub-point only if you have two or more. If you have only one, incorporate it into the main point.

And that’s the basic advice for outlining. • AL

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“When you start your argument with a strong point, the reader’s first thought is ‘This is a good argument,’ and that impression can carry over to

the rest of the points you make.”— MARY BETH BEAZLEY

A Practical Guide to Appellate Advocacy


Leading by Example: It Takes PracticeBy e.K. MeLtzer

ow many of us take eight minutes of our day to men-tor others in the legal profession? How many of us take time to ask for help from someone with more

experience? Contrast that with how much time we regularly de-vote to grumbling about the decline of standards, complaining about others who don’t know what they’re doing, and wonder-ing why things aren’t as easy as they used to be.

Recently, I had the privilege to view the Transition to Prac-tice introduction video created by the Professionalism Commit-tee of the State Bar of Texas. In this eight-minute video, Chief Justice Nathan L. Hecht offers practical tips and insights in answer to the question “what does the profession expect of us?”

After viewing this inspirational video, I reached out to members of the State Bar’s Professionalism Committee to find out who wrote the script and to congratulate them on a job well done. Their answer won’t surprise you, and it reflects the best spirit of professionalism and collegiality. Members of the Professionalism Committee, Kenda Culpepper and Jacob Marshall, worked with Fifth Court of Appeals Justice Douglas Lang and Chief Justice Hecht to ensure the words and senti-ments the Chief Justice shares in the video include his personal thoughts on mentoring, professionalism, and the legal profes-sion. The video serves as a tribute to the public spirit of the bar and judiciary at all levels of practice in our great state. To watch the video, visit texasbar.com/transition. For a listing of State Bar mentoring resources, visit texasbar.com/mentoring.

We all have a role to play in the significance of mentoring in the legal profession. Here are four easy ways any of us can lead by example.

The Texas Lawyer’s CreedThe Texas Lawyer’s Creed promotes our collective goals of elim-inating abusive tactics within the practice of law in Texas and promoting respect and confidence in the legal profession. In your office, chambers, or even in your home, you can display a poster-sized (24” x 36”) version of the Texas Lawyer’s Creed.

Members can also receive free a Texas Lawyer’s Creed bro-chure available in both English and Spanish. To obtain your free copy of the poster or brochure, email [email protected] or call 512.427.1726.

The State Bar of Texas Professionalism CommitteeChaired by Rockwall County District Attorney Kenda Culpep-per, the Professionalism Committee recently inaugurated its Web-based project Need Ethics? A Directory of Speakers. See it at texasbar.com/ethicsspeakers. This online database pro-vides contact, topic, and travel-distance information for ethics speakers who are willing to travel to your city. The intention of this project is to match speakers with local groups interested in discussing professionalism matters. The Professionalism Com-mittee’s database is an easy way to help your group by provid-ing them with a knowledgeable speaker.

Walking the Talk of ProfessionalismTaking time to mentor others is an investment, both personal and professional. Personally, mentoring builds a network and allows you to promote your style and values. Professionally, your experience and shared wisdom helps others comport themselves with dignity and respect while avoiding rookie

mistakes. To make things easier for you, the State Bar of Texas has multiple “how to mentor” resources. With this information alone, you have a secret weapon to mentoring success. Visit texasbar.com/mentoring for a listing of resources.

Working With A MentorIf Shakespeare were around today, wouldn’t you consider ask-ing him to comment on your play? The State Bar of Texas has similarly knowledgeable attorneys just waiting for your call. Far from being an imposition, receiving a request to mentor is one of the most flattering professional moments a lawyer experienc-es. One great way to find a mentor is through legal education courses. Identify someone who motivates you — and contact that person. Mentors are everywhere. They are just waiting to be asked to help you.

Chief Justice Hecht notes that honesty, integrity, and civility should be qualities of all lawyers within the State Bar of Texas. How we manifest these qualities is a comment on our profes-sionalism. Using the Transition to Practice and other profes-sionalism resources available can help all lead by example in demonstrating how the State Bar of Texas is dedicated to winning and maintaining public trust every day. Visit texasbar.com/transition for more resources on the Transition to Practice program. • AL

Eleanor K. Meltzer is a mem-ber of the State Bar of Texas Professionalism Committee and lives just north of Austin where she focuses on the issues that make a career as a government attorney so rewarding: Con-tracts; Human Resources; Risk Management; Veterans Benefits; and Intellectual property. She received her undergraduate de-gree from Stanford and her J.D. from Georgetown University Law Center.

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Austin’s Mother Attorney Non Profit Launches Website, Names New President

he Mother Attorney Mentoring Asso-ciation (MAMAs

Austin) is proud to announce it now has a public face, MA-MAsAustin.org, in addition to its member-only accessible sites. The 501(c)(3) organiza-tion recently celebrated its fifth anniversary and has more than 430 members. The group focuses on professional devel-opment, networking opportu-nities, and parenting support and advice for working mom attorneys. The website will provide members and non-members alike with informa-tion about the organization, including programming, sponsorship opportunities, and member achievements.

Beginning this month, Stephanie Potter, a Partner at Naman Howell Smith & Lee, will lead the group as its president, taking the reins from Lauren Schoenbaum of the Schoenbaum Firm. Potter has been actively involved with MAMAs for more than four years. Schoenbaum will remain on the board of

directors. Joining Potter and Schoenbaum on the board are founder Amy Beckstead, Jana Terry, Jeanine Hudson, Christine Andersen, Andrea Batista, Eleanor Ruffner, Amina Dammann, Kimberly Gdula, Ashley Phillips, Hong Shi, and Stacey Reese.

Potter explained that MA-MAs Austin “is unique in that it is a professional network-ing group whose mission is not to interfere with family time. We host lunch speak-ers who provide professional or parenting advice. We host informal lunches to talk about everything from daycares and schools to building your law practice. Families are invited to evening or week-end events. Our membership

numbers show that women are looking for this type of support, so I’m thrilled to help guide programming and events for the next two years.”

“Austin is a kid-friendly city, so there are social activi-ties for parents already. MA-MAs Austin creates profes-sional enrichment activities

that work around our kids’ schedules too. Sometimes we all need a reminder that a successful career and a happy family aren’t mutually exclusive.”

For information, visit MAMAsAustin.org or contact [email protected]. • AL

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(from left) Hong Shi, Amina Dammann, Amy Beckstead, Stephanie Potter, Ashley Phillips, Christine Andersen, Lauren Schoenbaum, Jana Terry,

and Kimberly Gdula

Our membership numbers show that women are looking for this

type of support... – STEPHANIE POTTER

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3rd court of appeals update

Laurie Ratliff is Board Certified in Civil Appellate Law by the Texas

Board of Legal Specialization and is a shareholder with Ikard Golden

Jones. From 1998 through 2001, she was a staff attorney with the

Third Court of Appeals.

T he following are summaries of se-lected Third Court

of Appeals’ civil opinions is-sued during September 2015. The summaries are intended as an overview; counsel are cautioned to review the com-plete opinion. Subsequent histories are current as of October 5, 2015.

Administrative law: Disci-plinary termination warrant-ed administrative appeal. Brown v. Nero, No. 03-14-00231-CV (Tex. App.—Austin (Tex. App.—Sept. 22, 2015, no pet. h.). Police Chief Nero indefinitely suspended Of-ficer Brown over alleged drug use. While Brown’s appeal was pending, Nero informed local prosecutors of Brown’s alleged misconduct. The prosecutors responded that they would not accept cases involving Brown. The hear-ing examiner found in favor of Brown and reduced the suspension to 15 days and reinstated her with back pay and benefits. City reinstated Brown, but the next day terminated her based on the prosecutors’ refusal to ac-cept Brown’s cases. Brown’s second administrative appeal was denied on the basis that her termination was not disciplinary. Brown sued. The trial court granted Nero’s plea to the jurisdiction. The court of appeals concluded that Brown’s termination was dis-ciplinary in nature and that she was entitled to an appeal. Brown’s second termination was based on the same alle-

gation as her first — that she had committed acts meriting a disciplinary suspension. The court reversed in part and remanded.

Probate: Mandamus relief granted when court ordered immediate compliance. In re Renz, No. 03-15-00207-CV (Tex. App.—Aus-tin Sept. 10, 2015, orig. proceeding) (mem. op.). A mediated settlement agree-ment required beneficiary to return assets that had been taken from decedent before death. Contending benefi-ciary failed to comply with the MSA, executor withdrew her consent to the MSA. On intervenor’s request, the probate court enforced the MSA as to one beneficiary, and ordered executor to transfer estate property and to pay intervenor’s attorney’s fees of $70,000 within four days of the order. Executor sought mandamus relief. The court of appeals concluded that the probate court abused its discretion because order-ing immediate compliance removed executor’s ability to maintain the status quo pending review of whether the MSA was enforceable. Further, because executor had no ability to suspend the order, she lacked an adequate remedy. The court granted mandamus relief.

Administrative law: Offering administrative remedy moots lawsuit. Orr v. The University of Texas at Austin, No. 03-14-00299-

CV (Tex. App.—Austin Sept. 23, 2015, no pet. h.) (mem. op.). Orr received a doctoral degree from UT in 2008. In 2012, UT informed Orr that allegations of scientific misconduct had been lodged against her. After an internal review, Orr’s degree was revoked. Orr sued, alleging due process violations. The parties entered a Rule 11 agreement that restored Orr’s degree subject to discussions about affording her addition-al process. UT later informed Orr that a student disciplin-ary action would be initiated. UT then filed a plea to the jurisdiction, contending that restoring Orr’s degree mooted her claims. The trial court granted the plea. The court of appeals concluded that Orr no longer had a legally cog-nizable interest in any relief against UT. UT went beyond the remedy of due process by restoring her degree and setting out the procedures for a future hearing. The court affirmed.

Construction law: Act requires proof that engi-neer’s fees were reasonable and necessary. CS Custom Homes, LLC v. Stafford, No. 03-13-00315-CV (Tex. App.—Austin Sept. 23, 2015, no pet. h.) (mem. op.). Stafford sued homebuilder for defects in her home. Jury awarded Stafford DTPA damages and attorney’s fees. Builder contended that Stafford failed to present evidence that her engineer’s expenses were reasonable

and necessary. The court of appeals noted the Residential Construction Liability Act differentiates between costs of repairs and reasonable and necessary engineering fees. The court concluded that plaintiff must provide evidence that an engineer’s fees were reasonable and necessary. Engineer ex-plained his work and his findings but failed to testify as to the reasonableness of his fees. The court modified the judgment to reduce the dam-ages awarded, and reversed and remanded the attorney’s fees and prejudgment interest awards. • AL


National Board of Trial Advocacy Teams with Civil Litigation Section and Forms Austin Chapter

eaming with the Civil Litigation Section, the National Board of Trial Advocacy (NBTA) has formed an Austin chapter actively involved in Civil Litigation Section

projects, including co-sponsoring and participating in the 11th Annual Ultimate Trial Notebook program planned for Novem-ber. Headquartered in Massachusetts, NBTA offers national board certification in civil trial law, civil pretrial practice, crimi-nal trial law, family trial law, and other specialty areas.

NBTA’s Austin chapter includes board members Dicky Grigg, Jim Richardson, David Davis, Mike Slack, Richard Al-exander, and David Brenner. Richardson, who was appointed to NBTA’s national board of directors in August, was named President of the Austin chapter.

National NBTA representatives slated to speak at the 11th Annual Ultimate Trial Notebook program include NBTA’s na-

tional President, David Rapoport; President-Elect Jack Mc-Gehee; Vice-President Gary McNeil, who serves as Executive Director of the Texas Board of Legal Specialization; and NBTA Past-President Jim Wren, Professor of Trial Advocacy at Baylor Law School. The 11th Annual Ultimate Trial Notebook program is planned for Nov. 13 at Vinson & Elkins Conference Center.

A luncheon honoring NBTA’s Austin Chapter is planned for Nov. 13 at the Headliners Club. Austin Bar Association members interested in NBTA should call Josephine Brent with Richardson + Burgess at 512.499.8879. • AL

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briefs

Kateff, Katz, Mendiola, Thomas and Walker New Members

If you are an Austin Bar mem-ber and you’ve moved, been promoted, hired an associate, taken on a partner, or received a promotion or award, we’d like to hear from you. Notices are printed at no cost, must be submitted in writing, and are subject to editing. Items are printed as space is available.Information on lawyers who are not Austin Bar members will not be printed.

Briefs do not include informa-tion on talks, speeches (unless they are of national stature), CLE presentations, political announcements, or notices of honors determined by other legal publications.

Announcements for briefs should include all pertinent in-formation including firm name, address, and contact numbers. Send submissions to Com-munications Assistant Britni Rachal at [email protected].

Please welcome the following new members to the Austin Bar:

Jessica Brandon

Jessica Cassidy, Health Law

Ian Cohen, Commercial and IP, Litigation

Robert Daniel

Louis Dubuque, Family Law

John Fabry

Ancy George, Real Estate Law

Christopher Goodpastor, Patent Litigation and Antitrust Litigation

Maria Hahalis

Hartwell Harris

Stephanie Hayes

Daniel Izzo

Margaret Kercher, Criminal Defense

Allan King, Labor & Employment Law, Class Action Litigation

Daniel King, Class Action Litigation

Brandon Lange

Claire McGuinness

R. Buck McKinney, Entertainment and IP Law

Houston Musick

Sarah Nicolas

Mark Roles, Family Law & Personal Injury

Abigail Ryan

Jennifer Shamas

Maura Sharp, Employment Law

Oliver Thoma, Mass Tort, Medical Malpractice, Pharmaceutical, & Device Litigation

Randall Wilburn, Environmental Law, Water Law, Utility Law, Land Use, Land Development

Penny Wilcov

Amy L. K. Wills, Tax Law

Suzanne Yashewski

APPOINTMENTS/ELECTIONS

� Hal Katz, a partner within Husch Blackwell’s Healthcare, Life Sciences and Education strategic business unit has been appointed to the Council of the ABA Health Law Section and elected Treasurer of the Texas Bar Health Law Section.

� Governor Greg Abbott has appointed Robert Thomas as Chairman of the Texas Facilities Commission with a term set to expire Jan. 31, 2021. The Texas Facilities Commission manages state government buildings and handles the sale of surplus prop-erty, including property donated to the state by federal programs.

NEW TO THE OFFICE

� Christie Dickenson has joined Lloyd Gosselink Rochelle & Townsend as an as-sociate, where she will serve as a member of the firm’s Water, Districts and Business Services Practice Groups.

� Franklin Hopkins has joined Germer Beaman & Brown as an associate. Hop-kins represents physicians facing disciplinary action from the Texas Medical Board and defends medical malpractice

claims. Email: [email protected]. Phone: 512.750.8020.

� Austin-based construction firm, Allensworth & Porter, has added Megan Kateff and Kaleb Walker as associates to its firm.

� Greenberg Traurig has added Carey Gunn Venditti, Emily Jung, and Jennifer Cook Purcell to its legal team.

� Jesse Weiss has joined Hohmann, Brophy & Shelton as a partner.

AWARDS

� Sutherland Asbill & Bren-nan’s Lion Mendiola III has been named one of the 2015 Texas Super Lawyers.

� The following Husch Blackwell attorneys were named 2015 Texas Super Lawyers: Elizabeth G. “Heidi” Bloch, David W. Hilgers, R. Keith Hopson, Hal Katz, Ste-phen W. Lemmon, and Thomas H. Watkins.

ON THE MOVE

� Hohmann, Brophy & Shel-ton has moved its office to 210 Barton Springs Rd., Suite 250, Austin, TX 78704.





w w w. a y l a . o r g

AYLA President’s Column

Networking 101s lawyers, particu-larly young lawyers, we are often told:

network, network, network! However, no one ever shares how to network. Here are a few thoughts to jumpstart you into the holiday party season.

Quality, not quantityYour networking goal should always be to build quality relationships. Brief interac-tions at events can be a good start, but will be much more valuable if they become long-term relationships based on mutual interests or goals. To cultivate those relationships, focus on the events where you are likely to meet people with your interests or in your area of practice: Inns of Court, Bar section meetings, meetups, and alumni groups. Then, spend some time getting to know a group of people at that event, rather than a quick

handshake with everyone in the room. People remember the folks they liked and had things in common with, not the drive-by introduction and business-card exchange.

Joining the conversationThe most straightforward way to meet someone is to intro-duce yourself. But that’s hard to do with someone you don’t yet know. One trick is to ask someone you already do know to make an introduction.

But where do you go from there? Everyone has faced an awkward moment after an introduction when your new companions simply go back to their conversation as if you weren’t there. Try listening and then asking a question that shows you are interested in the conversation. Always ask questions about the people you meet — people, especially lawyers, love to talk

about themselves. After you are included in the topic, your introduction becomes more organic to the conversation. “You work at the Attorney General? What division? Do you know X? I used to be in Consumer Protection. My name is Susan.” You get the idea. For cold introductions, try to target larger groups. Also, be on the lookout for groups of people standing farther apart, they may be more open to you joining and introducing yourself.

Leaving the conversationExiting a conversation because you are leaving an event is one way out. “I’m sorry, I have to leave to get to my child/spouse/appel-late brief/adoring miniature poodle,” and so on. But what do you say if you just want to keep networking? It is very easy to get stuck. If you’re in a group conversation and others are chatting, try a simple: “Ex-cuse me, it was nice speaking

with you,” and walk away. Or, politely offer a reason: “I’m going to grab another drink.” “I need to use the little lawyer’s room.” “I would like to congratulate Judge X on her campaign victory.” One great tip I received is that if you made a contact and want to follow up, tell them so as you leave. “I’d love to tell you more about that AYLA committee — do you have a card?”

Give before you getYou have your connection, now how do you use it? If you are generous with your time and contacts, people are more likely to return the favor. “I just saw Bar & Grill, thanks for telling me about the show. It was great! Follow-ing up with our conversation from last week, could you put me in contact with your old boss?”

Armed with these tips, I look forward to seeing you at AYLA’s next Docket Call. • AL

Chari L. Kelly, Office of the Travis County District Attorney

A

Upcoming Events AYLA Docket Call/Joint Happy Hour with LEAPThursday, November 195:30 to 7 p.m.Location TBD

Reindeer GamesSunday, December 131 to 3 p.m.Parque Zaragoza, 2608 Gonzales St.Email [email protected] to volunteer.SE

E T

HER

E

YOU

Judge Tim Sulak, Jorge Padilla, John Ellis and Jason Jordan networking with Chari Kelly



w w w. a y l a . o r g

Annual Judicial Reception Held at Four Seasonsn Sept. 24, the Aus-tin Young Lawyers Association held its

annual Judicial Reception at the Four Seasons Hotel.

The Judicial Reception provides AYLA members with an opportunity to share an evening of great food and even better conversation with local, state, and federal court judges. This year was no exception.

AYLA members who took

advantage of the opportunity were treated to an entertain-ing evening with judges from all levels of the judiciary.

AYLA extends special thanks to all of the judges who attended and to all of the event sponsors for making this successful event possible.

For more information about other outstanding AYLA events, please visit ayla.org. • AL

O

Jessica Mangrum Awarded 2015 Alumnus Award

essica Mangrum is the newest recipient of AYLA’s Alumnus Award. Mangrum has had a constant pres-ence within the Austin legal community for more than

ten years. She currently serves on the Board of Directors of the Austin Bar and served on the AYLA board for four years. While she has worked with many committees in both organizations, she is most proud of her work with Habitat Legal Build where

she raised $65,000 to fund Habitat for Humanity homes in 2009 and 2011. She also continues to work with Habi-tat Young Professionals.

Mangrum is a trial lawyer and has been named a Texas Rising Star. She has also taught trial advocacy at UT. She runs marathons, is a graduate of Leadership Austin, and serves on the City of Aus-tin’s Building and Standards Commission. And yet, she still finds time to mentor younger attorneys in AYLA and at her firm, Thompson Coe, where she has worked for 13 years. For all of these reasons, AYLA is proud to name Jessica Man-grum the Outstanding AYLA Alumnus for 2015. • AL

J

Left: (from left) Ashley Thomas, Judge Karin Crump, and Amanda TaylorRight: (from left) Allison Cunningham, Judge Elisabeth Earle, and Kelli Fuqua

(from left) Whitney Mack, Jessica Mangrum, and AYLA President Elect

Katie Fillmore

All Aboard the CLE Ethics BusYLA members kicked off their Labor Day weekend with three

hours of Ethics CLE aboard the “AYLA Ethics Bus” on Sept. 3. Attendees traveled by chartered bus to the Deep Eddy Distill-ery in Dripping Springs, while listening to interesting presen-tations on ethical topics.

On the ride, Sam Johnson, of Scott Douglas & McConnico, led with his presentation on avoiding legal malpractice. John-son highlighted common pitfalls he sees in his practice defend-ing malpractice cases and provided tips for avoiding trouble. One participant commented that Johnson’s tips “were practical and easy to put into practice immediately.”

Once attendees arrived, they enjoyed a tour of the distillery and a tasting of Deep Eddy’s flavored vodkas. While at the dis-tillery, attorney-lobbyist David Courreges, provided an ethical perspective on recent changes to the law during the 84th Texas Legislative Session.

On the bus ride home, Adam Schramek, of Norton Rose Fulbright, presented on litigation ethics by providing a case study of two published opinions showing the consequences of bad ethical decisions. Schramek kept the group entertained with a dramatic reading of testimony from one of the cases.

Plans are in the works for a similar event in 2016. AYLA would like to thank the speakers, the host, Deep Eddy

Vodka Distillery, and the generous sponsors who made the event possible: TERIS Litigation Support Services, ATX Bilingual Mediation, Lakeside Mediation, and U.S. Trust. • AL

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http://www.austinbar.org/young-lawyers


LegalLine Volunteers — Thank You!he lawyer volunteers who work with Lawyer Refer-ral Service’s LegalLine (a legal advice hotline), taking calls from the public, are often amazed at the wide

range of questions they receive. Calls range from the typi-cal divorce and custody questions to employment, consumer, criminal, personal injury, and even maritime issues from the Houston area. The calls come in at a furious rate for most of the allotted two-hour window, leaving very little time for volunteers to take a breather. LegalLine is held on the first Tuesday of every month from 5:30 – 7:30 p.m.

We would like to thank the following volunteers for assisting the public with their legal issues:

JULYAlex ConantAli AkhtarEleanor RuffnerJim ClementsMichael PonderSean LevinsonShannon StanfieldTyler Hickle

AUGUSTAngelica Rolong

Edward WilhelmMark RolesMylan ShaunfieldSean LevinsonShannon Stanfield

SEPTEMBERBrent Devere Eleanor RuffnerHilton Moore Jackie Watson Robert VelaWilliam Russell

We also would like to thank our generous vendors who donated food for the volunteers during this public service project.

Thank you, Austin’s Pizza and Chili’s, store #1386, for providing food for the volunteers!

For more infor-mation on Legal-Line and how to volunteer, please contact the Lawyer Referral Service of Central Texas at 512.472.8303 or visit austinlrs.com.• AL

T

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Disability insurance is issued by Metropolitan Life Insurance Company on IDI2000-P/NC, IDI2000-P/NC-ML, IDI2000P/GR, AH 5-88, AH 7-96-CA, AH 8-96-CA and IDIP12-01-IDIP12-08. Like most disability insurance policies, MetLife’s policies contain certain exclusions, waiting periods, reductions, limitations and terms for keeping them in force. Ask your representative about costs and complete details. All policies, riders and provisions may not be available in all states, at all issue ages and to all occupational classes. Ask your representative for complete details. Eligibility is subject to underwriting approval. For policies issued in New York: These policies provide disability insurance only. They do NOT provide basic hospital, basic medical or major medical insurance as defined by the New York State Department of Financial Services. The expected benefit ratio for these polices is at least 50%. This ratio is the portion of future premiums that MetLife expects to return as benefits when averaged over all people with the applicable policy. © 2014 Metropolitan Life Insurance Company, 200 Park Avenue, New York, NY 10166. CLDI24271 L0814388604[1016][All States][DC,PR] 1409-2256 -Not FDIC-Insured -Not Insured By Any Federal Government Agency -Not Guaranteed by Any Bank or Credit Union

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Edward C. Fowler, CFA, ASA, [email protected]

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Help Austin Adoption DayCreate Forever FamiliesYou’re invited to the 14th Annual Austin Adoption Day

celebration where 47 children will find their Forever Families.

Thursday, Nov. 5, 20159 a.m. to 1 p.m.

News Conference: 11 a.m.

Gardner Betts Juvenile Justice Center2515 South Congress Ave.

RSVP to Britni Rachal at [email protected] or 512.472.0279, x108


upcoming events

Austin Lawyers Wellness Group Time: Noon – 1 p.m. Location: Austin Bar, 816 Congress, Bluebonnet Room (3rd Floor)

Free Legal Advice Clinic for Veterans Time: 1:30 – 4 p.m. Location: VA Outpatient Clinic, 7901 Metropolis Dr.

Criminal Law Retreat Friday, Nov. 20 – Saturday, Nov. 21 Location: T-Bar-M, 2549 Highway 46 West, New Braunfels Registration: austinbar.org

NOVEMBER

The Upcoming Events page highlights just a few of the events of interest to the Austin legal community. For a full listing of Austin Bar events, including Section CLEs, please visit the website at austinbar.org/events.

DIVORCE TRANSFORMATION COACHING Create specific & forward-focused goals Improve decision making skills Help distinguish between things clients

can & cannot control Leveraging proven techniques by best-selling author

Honoree Corder

Chris St. Clair, CPCC St. Clair Coaching

[email protected] www.StClairCoaching.com

512 329 8860 (O) 512 423 0402 (C)

Help your clients help themselves

4 Holiday Ethics CLE Friday, Dec. 4 Time: Doors open at 12:30 p.m. Location: Austin Bar, 816 Congress, Seminar RoomRSVP early at austinbar.org

2

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DECEMBER

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Office space for lease in Westlake on Bee Cave Road near Mopac. Charming two-story Victorian house in an office park made up of Victorian houses. Six private offices, large reception area and large conference room, kitchen, coffee bar, two bathrooms, extensive built-ins, free parking. Please contact Paul Gamel at [email protected] or 512.461.4001 to schedule a visit.

Downtown Attorney Office Available on Congress Avenue. Sublease includes

office furnishings, high-speed internet, law library, reception area and services, shared conference room and kitchen/break room. Month-to-month sublease also available. Call 512.476.5757 for more information.

Office space needed. Semi-retired JD-CPA needs office rental space in Aus-tin. Downtown area preferred, but not necessary. Only need internet connection and small office. Email availability to [email protected] or call 512.826.1413.

Advertiser IndexBUSINESS PAGE NUMBER

Apple Leasing .......................................17

Broadway Bank ....................................24

BusinesSuites Hill Country Galleria .....13

Capital Strategies of MetLife .................20

Constable 5 ...........................................13

David M. Gottfried – Mediator ............8

Financial Valuation Services .................21

Foster, LLP ............................................7

Jennifer Johnson Legal, PLLC ...............14

Jim Kaighin, Jr., CFP .............................22

Lakeside Mediation Center ...................6

Law Office of Tim Whitten ...................8

LawPay ..................................................2

Lexis Nexis ............................................3

Loewy Law Firm ...................................9

McCullough ADR ..................................20

Moreland Properties .............................14

Noelke Maples St. Leger Bryant, LLP ....10

Patrick Keel ...........................................13

Robert M. Cain, MD, PA ......................16

Smith Law Group .................................13

St. Clair Coaching ................................22

Texas Lawyers Insurance Exchange ......10

Thomas Esparza, Jr. PC.........................16

GOOD IS a bank that knows your value goes far beyond money.

What is good? Good is a bank that offers you personal concierge banking and the individualized attention you deserve. It’s a bank who is committed to your financial health. Good is knowing that Broadway Bank

truly values you and your time – because we know you’re worth it.

PRIVATE BANKING I CUSTOMIZED LENDING I BUSINESS SOLUTIONS I PORTFOLIO MORTGAGES

Membership qualifications in Private Banking apply.

Austin Regional Headquarters | 911 W. 38th Street, Suite 100

512.465.6550 | 800.531.7650 | broadwaybank.com | Member FDIC | gdfmgd

austin lawyer, november 2015

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