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austinlawyerA Conversation with Judge ShepperdWelcoming Austin Bar President, 2015 – 16

udge Eric Shepperd, of County Court of Law #2, assumed the role of president of the Austin Bar on

July 1. Recently, he sat down to share some thoughts on his upcoming term.

Austin BAR: What is your background?

Judge shePPeRd: i graduated from ut Law school in 1985 and went to work for scott McCown at the texas Attorney gener-al’s office in the Criminal Law Enforcement division. i left there in 1992 and became the head director of Civil Litigation at the Travis County Attorney’s Office. Ken Oden created a new title for his office, and I was the first Director the County Attorney had. there is a funny story about how i got that job — i’m a preacher’s kid, so this was a case of divine intervention for me. they had all but hired another guy as head director when Tony Nelson, a friend of mine, bumped into Joe Parker at the dry cleaners. Tony asked Joe to call Ken and say, “Can you interview this Shepperd guy for the job you have open?” He called, Ken interviewed me, and I got the job. I worked there for 16 years until I ran for office and became a judge.

Austin BAR: Why did you want to be a judge?

Judge shePPeRd: When i was in high school i was trying to decide what i wanted to do. My mom, having been a preacher’s wife for so long, was strongly against me being a preacher. i took a career assessment, and in the same grouping with preacher was lawyer. OK, so you could be a lawyer and still do other stuff. You could help people. helping people was a big deal — kind of a theme in my household. i was in pre-law as an undergrad at Andrews university. One of the

July/August 2015Volume 24, number 6

www.AustinBar.org

FeaturesA Conversation with Judge shepperd ................ 1get involved in Austin Bar Committees............. 5Randy howry thanks the Austin Bar ................. 6end-of-Year Reception/gov. Abbott signs Law.....7Confer Before You go to Court ..............................8tCWLA give Annual grants & Awards ...............10equal Justice Conference/1st Female Judges day ...14diversity Bar Mixer ..............................................17teen dating Violence Mock trial & Campaign ....18new travis County Courts Complex a Must ........24

departmentsOpening statement ......................................... 11Austin Bar CLe spotlight ................................. 123rd Court of Appeals update .......................... 15Minority Bar spotlight ..................................... 16Briefs .............................................................. 20AYLA .............................................................. 22upcoming events ........................................... 26Classifieds /Ad Index ....................................... 27

continued on page 4

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Judge Shepperd

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Austin Lawyer (ISSN #10710353) is published monthly, except for July/August and Decem-ber/January, at the annual rate of $10 of the membership dues by the Austin Bar Associa-tion and the Austin Young Lawyers Association, 816 Congress Ave., Suite 700, Austin, Texas 78701. Periodicals Postage Paid at Austin, Texas. POSTMASTER: Send address changes to Austin Lawyer, 816 Congress Ave., Suite 700, Austin, Texas 78701.

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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..................... TreasurerAustin Kaplan .................. SecretaryAmanda Arriaga .............. Immediate Past

President

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July/August 2015 Austin Lawyer 3


4 Austin Lawyer July/August 2015

tasks we were given was to watch a trial. so we headed to Chi-cago and wound up in the court of an African-American federal judge. i can’t remember his name, but he made a huge impres-sion on me. i always knew at some point i wanted to call balls and strikes. i wanted to make sure the rule of law was respected and done right. But until i got the job i have now, the County Attorney’s job was the best job eVeR. i kind of made a deal with them that i wouldn’t leave until counties had sovereign immunity. And we got that done. i was the head of the civil litigation section when Sherine Thomas and Todd Clark argued, and won, the Pelzel case in front of the supreme Court of texas. And we won again in federal court. so, we accomplished our goal. After that, I was ready to run. At first, I didn’t even know what spot i was running for. i told people i was running for whatever seat Judge Orlinda Naranjo didn’t want. it turned out to be on the County Court at Law, which was really great because JP cases come up with a lot of pro se people. it makes me feel like i’m doing what i’m supposed to be doing — help-ing people.

Austin BAR: How long have you been a part of the Austin Bar?

Judge shePPeRd: since i was in the County Attorney’s Of-fice. One of the first committees I worked on was with Laura Sharp. We were in a meeting one day and we came up with the idea of having a gala. since that conversation, Laura ran with it and has carried it forward all these years. the gala is such a great chance for lawyers to get dressed up, look good, have some fun and celebrate both the end and beginning of the year.

Austin BAR: Why would you encourage someone to get involved in the Bar?

Judge shePPeRd: i don’t know how this works in other cit-ies, but there are over 6,000 nonprofits in Austin. I was presi-dent of the board for Leadership Austin. i still go back there and give a presentation called Vision, Voice, Victory. i remind them that Austin is one of those cities that, if you don’t like the niche you are in, you literally can create one and probably find about 15 – 20 people who will be willing to do it with you. And you can just keep doing it. Joining the Bar is an easy way to find mentorship; it’s a way to be involved in other people’s lives, a way to help. i think it’s important for lawyers to join the Bar to bring all these people together. it’s where we can tackle the problems and do all the good stuff we would like to do. it’s the pro bono version of our best selves as lawyers. We have a rule as lawyers that, if we want to represent someone, we have to give the best argument we can give for that person. But there are other things that you can see in that mix that require you to do more when it comes to helping people. And that’s what the Bar does.

Austin BAR: What are your primary goals for the upcoming year?

Judge shePPeRd: i want to focus on giving people access to legal services. i think the lack of access is really very criti-cal, and i see it every day. Austin has a 95 percent or greater occupancy rate. That means it’s hard to find a place to live here. When the rent is going up, there isn’t a lot of competition. in other cities, if your rent goes up, you find an empty apartment in another part of town with a cheaper rent. You can lower

your cost of living. But ours just keeps going up and up. We are becoming like san Francisco or new York City where it’s too expensive to live. A recent article in the paper said 30 percent of our incomes are being spent on housing. imagine every time the rent goes up, someone is forced out of their apartment be-cause they can’t afford to live there. now everyone has to pay their rent, but it is a tragedy if you are being kicked out of your apartment and you have no one to stand up for you. i’ve been on the bench and heard the horror stories of the rats and the roaches and the things they were going through — but that was the best they could do and that was the only place they could live. Look, everyone has to pay their rent, and if they can’t stay in the building, they can’t stay in the building. But we can’t have people being booted out on the streets simply because we have a problem building enough apartments. so people need access to legal services to say, “if we can help you stay, we’ll help you stay.” there are wills and adoptions and all sorts of legal services that people just need a little help with.

i will never, ever forget the time i was serving as judge at night for Volunteer Legal services and this woman came in. she wanted to take care of two little girls that weren’t even hers. they were her daughter’s, who was in jail. One was in a wheelchair and had really bad stuff going on. And this woman was so grateful. i signed an order that she could take on, from a legitimate perspective, the burden of caring for these children. she just needed a little help. VLs had a great thing going on. they got her there. they got it done. i was happy to sign it. i was amazed at the joy she felt at being responsible for these two kids. And so from my perspective, this is the best job on the planet.

VLs helps so many people with divorces, adoptions, and other legal issues. Most of them are foregone conclusions when they get to court, but the clients don’t know that. And they are so grateful. When i’m the judge on the bench and i say “it’s granted” — the relief on their face; their life just got better. i think it’s important that we try to help as much as we can wher-ever we can. Because they don’t always need a lot.

Let’s show all the ways we already help, all the clinics and services that we already provide. Let’s raise awareness of all the things we do and continue to make sure people know what they have access to.

Austin BAR: What excites you the most about being Bar president?

Judge shePPeRd: that i get to do that. i get to help.

Austin BAR: Do you see any challenges?

Judge shePPeRd: there is a public perception of lawyers that isn’t really good all the time, but i think we can change that. i just don’t think people know. We sometimes hang our heads a little bit and we shouldn’t.

Austin BAR: Are there any past Bar presidents that have influenced you?

Judge shePPeRd: You don’t realize how important role models are for some people. two of my role models are Joe Parker, the first African-American president of the Bar, and Velva Price, the first female African-American Bar president.

Chris Oddo is a buddy of mine. Oddo is one of the calmest

Austin Bar Interviews Incoming President Judge Shepperdcontinued from cover



people i know. he’s really good at walking everybody through the deal and bringing everybody to the table. i learned so much just watching that happen — how important it is to get consen-sus built, get everyone there, without being pushed over.

Elisabeth Earle has grace, charm, wit, and style. she uses all of it. she’s so good at making people do stuff without them even realizing it. they’ll say, “Wait, did i just sign up for that?” But they are happy to do it because elisabeth wants them to. She finesses things well.

i’ve watched all of them. Learning from them in those situa-tions has been really helpful.

Austin BAR: What’s a little known fact about yourself that you’d like to share?

Judge shePPeRd: My first jury trial was in Marshall, Texas, and I fainted during the trial. It was my first solo trial. The judge, who later became a 5th Circuit Court judge, started in on my witness and i hadn’t eaten in about a week. i stood straight up and locked my knees and fell directly backward. i passed out. it was hilarious because it was the federal courthouse and it was Marshall — i think it was on the front page of the paper the next day. I finished the trial, and I won. The judge turned to the jury and said, “i’ve seen lawyers go to great lengths to win their trials, but i have never seen one faint. this takes the cake.”

See, it is possible to fall flat on your back and then rise from the ashes to do good things. i’m a testimony to what you can do if you just keep putting one foot in front of the other! • AL

Austin Adoption Day

Bench Bar Conference

CLEPrograms

Fee Dispute

Fitness

Foundation Gala

Leadership Academy

Mentoring Program

People’s Law School

Law-Related Education in Schools

Diversity Fellowship Program

Go to austinbar.org to learn more and sign up today!

Communications

Membership

Legislative Judicial Programs

2015 -16AuStin BARCoMMittEES

Law Students

Law Day Luncheon

Get Involved!2015 –16 Austin Bar Committees need You.

tart off the new bar year by join-ing one or more of the Austin Bar’s 17 committees: Austin

Adoption day; Bench Bar Conference; CLe Programs; Communications; diversity Fellowship Program; Fee dispute; Fitness; Foundation gala; Judicial Programs; Law day Luncheon; Law students; Law-Related education in schools; Leadership Acad-emy; Legislative; Membership; Mentoring Program; and People’s Law school.

these committees give bar members a chance to get involved with both the legal and local communities.

Whether your passion is teaching students about the law, helping plan CLe events for your colleagues, or offering free legal advice to veterans, the Austin Bar has the perfect committee for you. Please visit austinbar.org to explore the various com-mittees and to sign up online. Make the time to get involved and give back. You’ll be glad you did. • AL

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Fred HawkinsGreg BourgeoisBen CunninghamDavid MooreEric Galton

Randy Howry Thanks the Austin Bar

ustin Bar Association member, Randy howry, a partner at howry, Breen

& herman, ran for President-elect of the state Bar of texas earlier this year. Frank stevenson of the dallas Bar Association won the election by a margin of 13,166 to 10,562. A past president of the Austin Bar and the Austin Bar Foundation, howry has also served on the state Bar Board of directors and held numerous other leadership positions in the legal and Austin communities. • AL

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May 29, 2015

Dear fellow Austin Bar members,

Thank you for your support during my recent campaign for President-Elect

of the State Bar of Texas. While we came up a little short in the election, the

shortfall had nothing to do with the contributions of many Austin lawyers and

friends.Austin Bar members voted in record numbers. More than 30% of Austin

lawyers voted in the election. Other than voters in Dallas, no city came even

close to the percentage of voters from Austin exercising their right to vote.

I was very proud to travel across the state of Texas, and introduce myself

as an Austin lawyer. Our bar association is widely respected across the state.

I cannot tell you the number of times lawyers told me that they wished they

practiced in Austin. Our city is unique, our bar association is outstanding, and

our lawyers and judiciary are simply the best. We are all very fortunate.

Finally, I must acknowledge DeLaine and Nancy and the rest of the staff at

the Austin Bar Association. We have the most effective bar association and the

most talented and engaged staff in the entire state. There was not a single time

that I asked DeLaine for assistance when she said anything other than, “Yes,

when do you need us to do it?”

Thank you for your help and support. There are many talented and quali-

fied lawyers in Austin. I am confident that the next time Austin has a candidate

in this race, we will be victorious.

Very truly yours,



Gov. Abbott Signs SB 534 into Lawsenate Bill Adds “integrity and Civility” to Professional Legal OathReprinted with permission from TexasBar Blog

By HannaH Kiddoo

tate Bar leaders, texas supreme Court justices and other

members of the legal profes-sion met on June 8, 2015, with gov. greg Abbott, who recently signed sB 534 into law.

the bill, sponsored by sen. Kirk Watson and Rep. John smithee, adds to the oath that is required for each person admit-ted to practice laws in texas, specifically that the person will “conduct oneself with integrity and civility in dealing and com-municating with the court and all parties.” • AL

End-of-Bar-Year Reception Recognizes Outstanding Leadershe new bar year has just begun, but the 2014-2015 year would not be complete with-out a traditional end-of-year reception. Both

incoming and outgoing board members came together for the event on Wednesday, May 27, 2015 at the ter-race at 816 Congress Avenue.

the following members of the Austin Bar Associa-tion received honors: � Committee Chair Award – Laura Merritt and Adam

Schramek (Austin Bar Foundation gala) � director’s Award – Kennon Wooten � President’s Award of Merit – Christopher Oddo � special Recognition Award – Laura Sharp

the following members of AYLA were also honored for their commitment to service: � Committee Chair Award – Hayden Briggle � director’s Award – Nadia Ramkissoon � President’s Award of Merit – Andrea Rose

Outgoing presidents Judge Elisabeth Earle (Austin Bar Association) and Amanda Arriaga (AYLA) were also awarded President Plaques for their year as presidents.

the reception is held each year as a way to say “thank you” to board members and honor those who go above and beyond the call of duty in serving the Austin Bar Association and AYLA. • AL

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Left: (from left) AYLA President Chari Kelly with AYLA President’s Award of Merit winner Andrea Rose, AYLA Past-President Amanda Arriaga and AYLA director’s Award

winner nadia Ramkissoon. Top Right: Austin Bar President’s Award of Merit winner Chris Oddo with Past-President Judge elisabeth earle. Bottom Right: Austin Bar

Director’s Award winner, Kennon Whooten with Judge Elisabeth Earle.

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gov. greg Abbott signs sB 534 into law.



Has Your Client Been Injured?

We can help.

512.280.0800

Adam LoewyPersonal Injury

& Wrongful DeathAttorney

111 Congress Avenue, Suite 400Austin, Texas 78701

#LoewyLawwww.LoewyLawFirm.com

1 tex. R. Civ. P. 191.2; see also In re BP Products N. Am., Inc., 244 s.W.3d 840, 846 (tex. 2008) (“the Rules of Civil Procedure encour-age parties to reach discovery agreements.”).

2 tex. R. Civ. P. 191.2 (emphasis added). 3 See, e.g., dallas (tex.) Civ. Ct. Loc. R. 2.07; Collin (tex.) dist. Ct.

Loc. R. 3.2-3.3. 4 See, e.g., tex. R. Civ. P. 215.1(d), 215.2(b)(8), 215.3, 215.4(a)-(b),

215.5(a)-(b).5 tex. disciplinary R. of Prof’l Conduct pmbl. ¶ 2 (emphasis added).

Be Civil: Confer Before You Go to CourtBy Kennon Wooten, Scott DouglaSS & Mcconnico

n texas civil pro-ceedings, a duty exists that is not

well-honored. it is the duty to confer.

under texas Rule of Civil Procedure 191.2, “[p]arties and their attorneys are expected to cooperate in discovery and to make any agreements reasonably necessary for the efficient disposition of the case.”1

to that end, Rule 191.2 provides that “[a]ll discov-ery motions or requests for hearings relating to discovery must contain a certificate by the party filing the motion or request that a reasonable effort has been made to re-solve the dispute without the necessity of court interven-tion and the effort failed.”2 But the rule does not address what a “reasonable effort” entails in this context, nor the consequences of failing to make such an effort.

no statewide standard exists for assessing whether parties have made a reason-able effort to resolve their discovery disputes. some courts have local rules that define reasonable efforts and include certificate-of-confer-ence forms for discovery mo-tions and hearing requests.3 the travis County courts have not adopted such rules. instead, they assess efforts on a case-by-case basis.

An informal poll of dis-trict- and county-court judges in travis County provided the following insights as to the efforts they expect parties to make before bringing a discovery dispute to court:

� “Reasonable efforts” are to be made in good faith.

� Parties (or their counsel) should attempt to confer with one another over the phone or in person in an effort to

resolve a discovery dispute before filing a motion to compel.

� the objective should be to reach reasonable agreements, not to “paper” efforts.

� But parties should docu-ment their efforts. the requesting party should send at least one letter or email to the responding party that outlines (1) the specific requests made and (2) the reasons why the requesting party believes the respond-ing party’s objections are invalid or responses are insufficient. The responding party should send a written response outlining why the requests are objectionable and/or why the requested information is protected. the court should be able to determine readily what has been produced, what has been withheld, and the rea-sons for the withholding.

� Parties also should be pre-pared to outline their efforts for the court. When a judge is hearing a motion to com-pel, the first thing the judge may say is: “tell me about your efforts to try to resolve this dispute.” And the judge may drill down to determine the precise manner and extent of consultation and whether it was collaborative in nature.

� Channel Arthur Ashe and be elegant. don’t get into the mud just because your oppo-nent is there. Your elegance will be recognized and remembered by the judges.

if parties do not make a reasonable effort to resolve a discovery dispute before bringing it to court, travis County judges may require the parties to confer at court before the judges will rule. that consumes time on a

crowded civil docket, and it is not appreciated. thus, if parties cannot resolve their dispute after conferring at court, a judge may require the loser of the discovery motion at issue to pay at-torney’s fees as sanctions. such sanctions are permit-ted under Rule 215. in fact, Rule 215 permits multiple sanctions for discovery abuses, including ordering parties and attorneys advis-ing improper conduct to pay reasonable expenses, includ-ing attorney’s fees.4

the bottom line is that parties and attorneys should

strive to avoid discovery disputes in court, not only because it is their obligation and they may face sanctions for failing to do so, but also because it is the civil thing to do. Moreover, attorneys should not feel compelled to go to court on every discov-ery dispute in order to be zealous advocates for clients. An attorney’s obligation as an advocate is not simply to be zealous at all times, but to zealously assert clients’ positions “under the rules of the adversary system[,]”5 which require efforts to reach discovery agreements. • AL

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...parties and attorneys should strive to avoid discovery disputes in court, not only because it is their obligation

and they may face sanctions for failing to do so, but also because it

is the civil thing to do.


Has Your Client Been Injured?

We can help.

512.280.0800

Adam LoewyPersonal Injury

& Wrongful DeathAttorney

111 Congress Avenue, Suite 400Austin, Texas 78701

#LoewyLawwww.LoewyLawFirm.com



TCWLA Gives Annual Grants and Awardstravis County Women Lawyers Association holds grants & Awards Luncheon

ounded in 1977, the travis County Women Lawyers Association (tCWLA) is committed to fostering com-munication among women lawyers, strengthening

the image and position of women lawyers in the community, working toward the elimination of gender bias, informing the public about legal issues affecting women, and working toward the enhancement of the public perception of the legal profes-sion. the tCWLA Annual grants and Awards Luncheon, held this year on May 1, 2015 at the Four seasons hotel, is just one of many ways the organization fulfills its mission by recognizing and celebrating the contributions of the women members of the local bar. Awards are given in the categories of litigation; public interest; government; contribution to the minority community; pro bono; outstanding achievement; and law firm, government agency or organization outstanding in its treatment of women. the 2015 winners join a long list of past recipients representing the most outstanding individuals in law in travis County.

The TCWLA serves as the official fundraising and grant-awarding arm of tCWLA. each year the tCWLA Foundation gives grants to organizations that benefit women and children and solve legal problems affecting women and children in travis County. in its decade of existence, the growth of the Foundation has been tremendous. Before 2007, the Foundation was providing less than $20,000 in grants to area nonprofit organizations. today, the Foundation has almost doubled that amount, giving just shy of $40,000 in annual grants.

To learn more about TCWLA, visit tcwla.org. • AL

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2015 TCWLA ATTORNEY AWARD RECIPIENTSSusan G. Morrison, Fowler Law Firm – Outstanding AchievementScott Douglass & McConnico – Outstanding FirmDana Nelson, Travis County District Attorney’s Office – Advancement of Women’s interestsElizabeth Branch, Color of Justice Project – Contribution to Minority CommunityPatricia Cummings, Law Office of Patricia Cummings – Criminal JusticeJudge Karen Sage, 299th Criminal district Court – government serviceMarcy Greer, Alexander dubose Jefferson townsend – Litigation/AppellateAmy Warr, Alexander dubose Jefferson townsend – Pro BonoMary Christine Reed, texas Rio grande Legal Aid – Public interestMelissa Fruge, home Away – Corporate/transactionalAkin, Gump, Strauss, Hauer & Feld – Special Recognition – Karnes Pro Bono Project

2015 TCWLA GRANT RECIPIENTSAmerican gatewaysthe ARC of the Capital Area Asian Family support servicesCasa MarianellaCatholic Charities of Central texasCenter for Child Protectiondisability Rights texas

Family eldercareJane’s due Processtexas Civil Rights ProjecttRLA – Foster Youth Justice ProjecttRLA – LAsAVolunteer Legal services

each year the tCWLA Foundation gives grants to organizations that benefit women and children and

solve legal problems affecting women and children in travis County.

REPRESENTINGEMPLOYERS & EXECUTIVES

CORNELLSMITH.COM



Editing for Concision, Part 3By Wayne ScHieSS, texaS law, legalwriting.net

his series of columns offers suggestions legal writers can use to achieve concision. this is the final column, with tips 10-14.

10. Deflate compound prepositions. Compound prepo-sitions are prepositions on steroids. instead of being concise and simple, they’re puffed up, like for the purpose of, with a view toward, with reference to, and in regard to. they’re usually unnecessary, so deflate them. The compound prepositions in this example can be easily shortened to one word:

terry hastily prepared the interrogatories in connection with (for) the Crispin case in order to (to) meet the discovery dead-line.

11. Choose lighter transitions. Legal writing is full of multi-syllabic transitions like additionally, consequently, furthermore, however, moreover, and nevertheless. They’re fine, but they can weigh a sentence down. You can improve concision (at least in syllables) by choosing lighter transition words: and, but, so, still, thus, and yet. We all know beginning with conjunctions isn’t wrong — it’s a matter of tone and emphasis. so try it. With lighter transitions you’ll get more than concision; you’ll get vitality.

12. Turn independent clauses into participial phrases. this means making two sentences into one, but it’s a particular way of doing it. suppose we have these two sentences:

Yasar and Lira had worked at the fire department together for four years. They had formed a strong friendship.

You can be more concise by converting one of the sentences into a phrase — a group of words that doesn’t have a subject and verb — and beginning that phrase with a present participle (-ing verb), making it a participial phrase:

Yasar and Lira, having worked at the fire department to-gether for four years, had formed a strong friendship.

Having worked at the fire department together for four years, Yasar and Lira had formed a strong friendship.

The result is more concise and efficient than the original, two-sentence version.

13. Use pro-verbs and elided verbs. Pro-verb is a term a linguist made up to be parallel to pronoun. Pro-verbs replace verbs, and the most common are do and do so. in the next examples, do so replaces order a new trial.

The court has the authority to order a new trial, but it should not order a new trial.

The court has the authority to order a new trial, but it should not do so.

using the pro-verb cuts the sentence from 18 words to 16 and avoids repetition.

Legal writers can also elide verbs — omit them — where they’re understood. thus, we can shorten our sentence further by removing words from the second verb phrase: should not do

so becomes should not:

The court has the authority to order a new trial, but it should not.

Most of us are prob-ably using pro-verbs and elided verbs to improve concision, even if we didn’t know what they were called.

14. Delete that — wisely. it’s common advice to delete un-necessary thats, and it’s an excellent technique for concision. so this:

The lawyer thinks that Avery should appeal only the issues that the lawyer deems dispositive.

becomes this:The lawyer thinks Avery should appeal only the issues the

lawyer deems dispositive.But i do occasionally see over-deletion of that. if we get

fixated on deleting that, we sometimes create miscues for the reader.

Mr. Lin acknowledged being a minority made him more sensitive to discrimination.

For me, the phrase acknowledged being a minority creates a momentary miscue as i temporarily think Mr. Lin admitted that he was a minority. Only as I read on do I figure out that Mr. Lin is acknowledging that his status as a minority causes him to be more sensitive to discrimination. i would include that, like this:

Mr. Lin acknowledged that being a minority made him more sensitive to discrimination.

scrutinize your thats and delete them for concision when you can, but don’t create miscues for your reader. • AL

T

opening statement

it’s common advice to delete unnecessary thats, and it’s an

excellent technique for concision.



austin bar cle spotlight

Persuasive Advocates Must Present a Powerful MessageJudge dietz: You Can never Be too Prepared

etired district Judge John Dietz regaled Austin lawyers with

his insights on advocacy at the Fourth Friday CLe held at the Austin Bar office on April 24, 2015. estimating that he presided over more than 12,000 hearings during his tenure on the 250th district Court of travis County, dietz observed that attorney advo-cacy was frequently lacking in his courtroom and offered suggestions on how attorneys can become more effective advocates. An advocate, he said, should persuade the au-dience, not simply describe.

According to dietz, per-

suasive advocates do three things: 1) target the audience; 2) develop a cogent message that engages the audience; and 3) prepare impactful visuals to enhance their mes-sage. When the court is the audience, dietz encouraged advocates to explain to the court what is important, what the advocate wants the court to do, and why.

dietz also recommended utilizing one-page executive summaries, spreadsheets, flowcharts, and other visuals where appropriate to help simplify issues for the court. hearing notebooks so heavy as to almost be impossible

to carry to the bench were strongly discouraged.

Finally, observing that he never met a lawyer who claimed to be over-prepared, dietz emphasized the im-portance of practicing before every courtroom appearance.

Fourth Friday CLe, one of the Austin Bar’s many mem-bership benefits, is a great way to obtain free CLe credit (and lunch!), learn from speakers like Judge dietz, and meet and mingle with other Austin lawyers. • AL

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Upcoming Fourth Friday FREE CLE

JULY 24, 12 noon to 1 p.m.Austin Bar Association, 816 Congress, suite 700, 78701

LEGISLATIVE UPDATE 2015 Speaker: Senator Kirk Watson, Senate of Texas, District 14

CLE Credit: 1 credit hour

RsVP early at http://bit.ly/MO4F-072015

space is limited! if maximum capacity is reached, a waitlist will be started.

thank you to our sponsor, Law Pay.

An advocate should persuade the audience, not simply describe.

– distRiCt Judge JOhn dietz

Retired district Judge John dietz speaks to a full room at Austin Bar’s Fourth Friday CLe in April, emphasizing the importance of persuasive advocacy.



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2015 ABA/NLADA Equal Justice Conferencehe American Bar Association and the national Legal

Aid & defender Association selected Austin as the site for the 2015 equal Justice Conference. it is the larg-est conference of its kind, focusing on access to justice. A record crowd of over 900 legal services attorneys, pro bono coordinators, judges, law professors and students, bar leaders, paralegals and public interest advocates at-tended the conference at the hilton in Austin on May 6 – 9. district Judge Lora Livingston was presented with the 2015

distinguished service Award for trial Judges from the na-tional Center for state Courts.

A local host committee was formed and co-chaired by Judge Livingston and D’Ann Johnson. A special thank you to committee members, Betty Balli Torres, Becky Beaver, Steve Benesh, Randy Chap-man, Mary Dietz, Steve Elliot, Parisa Fatehi-Weeks, eden harrington, Michelle Hunter, Trish McAllister, Beverly Reeves, Catherine Robb, Car-los Romo, Jonathan Vickery, DeLaine Ward, Michael Whellan, Bill Whitehurst, and Kennon Wooten. • AL

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THANKS TO OUR SPONSORS Austin Bar Association Legal Access division of state Bar of texasAustin Bar Foundation Reeves & BrightwellAustin Convention Visitors BureauCatherine RobbBaker Bottsscott, douglass & McConnico

Baylorsue and david sheppard Becky Beaverstate Bar of texasCorporate Counsel section of the state Bar of texas eric taubedykema Cox smithteAJC

dallas Bar Associationtexas eAJ FoundationdeLeon & Washburntexas Legal services CenterEnoch Kevergraves, dougherty, hearon & Moodyuniversity of texashaynes and Boone

university of texas school of LawVinson & elkinshowry, Breen & herman Whitehurst, harkness, Brees, Cheng, Alsaffar & higginbothamJanet McCullar

(from left) Chief Justice nathan hecht; Judge Lora Livingston; William hubbard, President of the American Bar Association; Joann Wallace,

President/CeO of the national Legal Aid and defender Association; and Mary Ryan, Chair of the ABA Committee on Pro Bono and Public service.

Texas Proclaims April 13, 2015 First Texas Female Judges’ DayBy Judge orlinda naranJo, 419th JuDicial DiStrict court

n April 13, 2015, over 1,000 female judges at all levels from throughout the state of texas were recognized at the texas state Capitol for their judi-

cial achievements and dedication to public service. Over 150 female judges attended this historic event, which was spon-sored by senators Royce West of dallas and Joan huffman of houston. senate Resolution no. 535 was read in the senate Chambers, proclaiming this day as “texas Female Judges’ day.” In 1925, Texas had the first all-female court in the nation, when

governor Pat neff appointed three female attorneys to serve as texas supreme Court justices on a particular case after all then-sitting justices recused themselves. in 1935, sarah hughes was the first female to be appointed to the 14th district Court in dal-las. Judge hughes is perhaps best known as the federal judge who swore in Lyndon B. Johnson aboard Air Force One after the assassination of President John F. Kennedy.

today, more than 1,000 women preside over courts through-out the state, including six on the highest texas courts: Justices Eva Guzman, Sharon Keller, Debra Lehrmann, Cheryl Johnson, Barbara hervey, and elsa Alcala.

After this historic event, Justice Rebeca Martinez (Fourth Court of Appeals), district director for district 11 of the na-tional Association of Women Judges (nAWJ), and Judge Orlinda Naranjo (419th Judicial district Court), texas state Chair for nAWJ district 11, held a reception to honor the female judges in the house Member Lounge. the reception, co-sponsored by Texas Senator Kirk Watson, was attended by more than 50 judges, including many nAWJ members such as Judges Elisa-beth Earle, Rhonda Hurley, Karen Sage, Gisela Triana, Rebecca Palomo. • AL

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3rd court of appeals update

he following are summaries of se-lected civil opin-

ions issued by the third Court of Appeals during May 2015. the summaries are intended as an overview; counsel are cautioned to review the com-plete opinion. subsequent histories are current as of June 8, 2015.

Administrative law: Jurisdic-tion invoked through ultra vires exception to immunity. City of New Braunfels v. Tovar, no. 03-14-00693-CV (tex. App.—Austin May 7, 2015, no pet. h.). tovar sued after City refused to consider his years of service as a po-lice officer when calculating his promotional examination grade. the trial court denied City’s plea to the jurisdic-tion. Local government Code §144.033(b) adds one point for each year of service, up to ten, to a police officer’s grade. Adding tovar’s ten years would have given him a passing grade. the court of appeals concluded tovar in-voked the court’s jurisdiction on the ultra vires exception to immunity. section 143.033(b) left City no discretion but to add tovar’s ten points to his raw exam score, giving him a passing grade and placement on the promotion-eligible list. Accordingly, City failed to perform a purely ministerial, non-discretionary act. the court affirmed.

Real property: Court grants mandamus relief to allow ap-peal without paying costs.In re Meredith, no. 03-15-00029-CV (tex. App.—Austin May 1, 2015, orig. proceed-

ing) (mem. op.). the justice court rendered judgment evicting Meredith. the next day, Meredith filed a notice of appeal and sworn statement of inability to pay. the justice court forwarded the file to the county court. the county court denied her request to appeal without paying costs. the court of appeals noted that Property Code §24.0052(a) allows an appeal of a residential eviction with-out costs if a pauper’s affidavit is filed within five days after the judgment and the justice court approves the affidavit. By forwarding the file to the county court, the justice court approved the affidavit. Thus, Meredith satisfied the require-ments to proceed without paying costs. the court granted mandamus relief.

Trial procedure: Judgment lacked sufficient language to enforce by contempt.Coronado v. Jones, no. 03-13-00464-CV (tex. App.—Austin May 6, 2015, no pet. h.) (mem. op.). the parties entered a Rule 11 agree-ment to resolve their lawsuit. When Coronado failed to comply, Jones sought con-tempt and enforcement of the Rule 11. the trial court rendered judgment award-ing Jones money and reciting that it was enforceable by abstract, execution or other process. When Coronado again failed to pay, Jones filed another motion for con-tempt for violating the Rule 11. the trial court signed a judgment of contempt. the court of appeals concluded that neither the Rule 11 nor the first judgment supported

the judgment for contempt. The first judgment rendered the Rule 11 no longer in force to support contempt. Further, the first judgment failed to include “command language” necessary to cre-ate an order enforceable by contempt. The first judgment awarded money; it did not order Coronado to pay. Fi-nally, a judgment enforceable through abstract or execu-tion cannot be enforced by contempt. the court granted mandamus relief.

Family law: Court reverses award of appellate attorney’s fees. In re Wiese, no. 03-15-00062-CV (tex. App.—Austin May 8, 2015, orig. proceed-ing) (mem. op.). husband appealed the trial court’s modification of the parties’ divorce decree that allowed international travel with the children. the trial court grant-ed wife’s motion for appellate attorney’s fees. the court of appeals noted that an award of attorney’s fees under Family Code §109.001(a)(5) requires evidence that the award was “necessary to preserve and to protect the safety and welfare of the child[ren] during the pen-dency of the appeal.” Wife presented no evidence con-cerning the safety and wel-fare of the children. instead, she argued only that husband had significantly more finan-cial resources. According to the court, §109.001 does not permit an award of appellate attorney’s fees based solely on a disparity in income. the court granted mandamus relief. • AL

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.

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minority bar spotlight

Hispanic Bar Planning to Add More Member Benefitshe so-called “dog days of summer” are approaching, but they’ll be anything but slow for the hispanic Bar Association of Austin. the hBAA has plans to expand

its programs while continuing to serve the Austin-area hispanic community.

“We have regular meetings and happy hours,” said President -elect Betsy Peticolas. “We used to host a spanish-speaking happy hour pretty regularly. People have been asking about it, so we are bringing it back.”

One of the oldest minority bars in Central texas — founded in 1995 — hBAA is always looking for ways to better serve its 70 members. “Anyone can join the hBAA and we welcome all attorneys and legal professionals,” said Peticolas. “Our meetings are held at the Austin Bar Association at noon on the second Friday of each month.”

the meetings, CLe programs, and spanish-speaking happy hours are in addition to a deep-rooted commitment to commu-nity service.

“Last year the hBAA was honored by the Austin City Coun-cil in recognition of the group’s longstanding community ser-vice,” said Peticolas. “We believe we have a duty to be leaders of the hispanic community in local political, legislative, civic, and community affairs.”

during the holidays, hBAA provides thanksgiving bas-kets to families who are nominated through the south Austin

neighborhood Center. hBAA members also host an annual “Kids Holiday Party” for low-income children, featuring Santa, a clown, and pizza.

Mentoring and scholarship programs are other ways in which hBAA is able to offer community service. hBAA awards an LsAt review scholarship each year, along with a summer fellowship and a bar review scholarship for univer-sity of texas law students. in partnership with the hispanic scholarship Consortium, hBAA also awards an undergraduate scholarship and a law student scholarship.

the programs are funded through the hispanic Bar’s larg-est fundraiser, the hispanic heritage Luncheon, held every October. Last year the luncheon raised $44,000.

“We encourage all Austin Bar attorneys to check their mailboxes for invitations and please consider attending and sponsoring the event,” said Peticolas. “We cannot sustain this level of impact without the generous law firm sponsorships we receive each year.”

this year’s hispanic heritage Luncheon will be held on Friday, Oct. 23, 2015. if you would like more information about the fundraiser, visit hBAA’s website at hispanicbaraustin.com. • AL

T HISPANIC BAR AT A GLANCEhBAA was founded in 1995. Prior to that, the organization was known as the Capital Area Mexican-American Lawyers. hBAA is focused on fostering and encouraging community service for the betterment of the hispanic community in Central texas. to that end, hBAA provides numerous volunteer opportunities and community programs.

“We used to host a spanish-speaking happy hour pretty regularly.

People have been asking about it, so we are bringing it back.”

– hisPAniC BAR PResident-eLeCt BetsY PetiCOLAs

Right: (from left) Keyla Martinez Robertson, hBAA immediate Past President and

Betsy Peticolas, hBAA President. Far Right: Jesse Butler, hBAA Charitable

Foundation Chair, with scholarship winners.



Diversity Bar Mixer: 150 Lawyers Walk Into a BarBy cHriStine Hoang, auStin aSian aMerican Bar aSSociation

’m fired up and ready to take on the world,” said

an energetic attorney as she bopped her head to a perfor-mance of pop music lawyer parodies with a spirited audience of women attorneys and attorneys of color. this was the scene at the diversity Bar Mixer at holy Mountain, an intimate live music venue nestled in Austin’s Red River Cultural district.

On April 30, 2015, ap-proximately 150 lawyers from the Austin Asian Ameri-can Bar Association (AAABA), Austin LgBt Bar Association, Mother Attorneys Mentoring Association (MAMAs), south Asian Bar Association of Austin (sABAA), Austin Black Lawyers Association (ABLA), travis County Women Law-yers Association (tCWLA),

hispanic Bar Association of Austin (hBAA), and the na-tive American Law section of the state Bar of texas gath-ered to celebrate the diversity of our legal community.

“in January, Austin LgBt Bar President Elizabeth Brenner emailed me to do an attorney mixer,” said Christine Hoang, AAABA’s Community Outreach Chair. “three months later, 150 law-yers (from eight bar associa-tions) walk into a bar….”

But counter to all the taw-dry lawyer jokes ever told, the lawyers who walked into the bar mixer delivered a unified message of community and philanthropy. AAABA Presi-dent Chad Anson rallied the

crowd to donate money for earthquake relief aid in nepal and kick-started the fundrais-ing by announcing AAABA’s $1000 contribution. By the end of the evening, $2310 was raised for Oxfam America.

Judge Todd Wong, Judge Aurora Martinez Jones, and Volunteer Legal services en-couraged attorneys to volun-teer their pro bono time and talents. this sentiment was echoed when Law-Cappella, an attorney a cappella troupe, sang a twist on the classic hall & Oates tune, I Can’t Go for That (No Can Do), with rewritten lyrics “sign me up for that (pro bono).”

the crowd had plenty to eat and drink, thanks to gen-erous sponsors: southerland & Associates, norton Rose Fulbright, Vinson & elkins, AAABA, Beckstead terry, Arti-

san AtX events, and Brooklyn Pie Company. “this was the first time eight women and minority bar organizations ever had a mixer,” said Amy Beckstead of Beckstead terry. “And we were excited to contribute to it.”

several attorneys were inspired that night. “i was ab-solutely on cloud nine,” said Lauren Schoenbaum, Presi-dent of MAMAs. “Women and minority lawyers can unite, and shout our achieve-ments from the rafters.”

“the community leaders’ call to action was inspiring,” beamed Sade Ogunbode Pfeifer, member of ABLA. Jana Ortega, member of hBAA, was “excited to see so

many new and bright faces, from all of our diverse organi-zations, there in one space.”

Coincidentally, the state Bar of texas’ diversity in Professions Committee also convened in the texas Capitol earlier that day. they were welcomed at the mixer in a very Austin way — with live music. “good timing that our sBOt Committee met today,” said Richard Cheng, member of the dallas Asian American Bar Association. “i was a great

way to spend my evening before returning to dallas.”

“the diversity Bar Mixer lived up to its name,” said James hughes, member of AAABA and attorney with event sponsor norton Rose Fulbright. “it mixed together attorneys from across the spectrum, attorneys who aren’t often represented in the same room at many legal events. that is even more reason for us to do this again and often.” • AL

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Clockwise from top left: diversity Bar Mixer sponsors and AAABA members Chi Reece, Michael Chang, and Jinny suh; MAMAs members Frances Jones

and Lauren schoenbaum; Law-Cappella singers Christine hoang, Vanessa Puig-Williams, Rob Johnson, Allison Bosch, Paige Barnett, and tracy Willi; diversity Bar leaders Christine henry Andresen, elizabeth Brenner, Lauren

schoenbaum, sade Ogunbode Pfeifer, Ruth soucy, Manuel escobar, Christine hoang, Judge Aurora Martinez-Jones, Chad Anson, and Judge todd Wong.

“Women and minority lawyers can unite, and shout our

achievements from the rafters.”– LAuRen sChOenBAuM, PResident OF MAMAs



Teen Dating Violence Mock Trial 2015By Judge Orlinda naranJO, 419th Judicial district court

ur teens continue not to understand what constitutes dating violence. Approximately 75 middle and high school students from AISD’s Ann Richards School for

Young Women Leaders, Kealing Middle School, Travis High School, and the Expect Respect Program participated in a dat-ing violence criminal mock trial presided over by Judge Orlinda Naranjo (419th Judicial District Court) on April 6, 2015. Two groups of 12 student jurors were selected. One group was all female and the other mixed gender to see if that would af-fect the verdict. However, both sets of jurors found that dating violence did not occur. Of the nine dating violence mock trials held by Judge Naranjo, only one jury has ever found that either the defendant was guilty of assault, or that dating violence had occurred. The evidence presented included stalking (at home, school, and work); numerous harassing recorded phone mes-sages; a torn blouse; testimony from the victim and the former boyfriend; and eyewitnesses. This year, Travis High School seniors, who participated in the Mentoring A Student (MAS) program spearheaded by Judge Naranjo, role-played the student attorneys, witnesses, victim, and defendant.

After the trial, Judge Naranjo and Randi Randolph, man-ager for the Expect Respect Program of Safeplace, led the students in a discussion about dating violence, including the evidence presented during the trial. They discussed the importance of recognizing teen dating violence, the miscon-ceptions that family/dating violence requires severe physi-cal contact and that victims always call the police, how to prevent abuse, and what to do if a friend or relative is being abused. In addition to the benefits of discussing this germane topic, the students were also exposed to a trial and the legal system.

This was the 13th mock trial held by Judge Naranjo on topics that have included driving under the influence and dat-ing violence. Judge Naranjo has presented mock trials to over 500 students at nine different schools, including Norman and Zavala elementary schools, St. Andrews, Martin, Bedichek, Kealing and Ann Richards middle schools, and Travis High School. Since 2013, Judge Naranjo’s program has been repli-cated in Hays County by the Hays-Caldwell Women’s Center, Judge Brenda Smith, and attorney Sarah Brandon.

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Teenagers Lead New Campaign against Dating ViolenceTexas Advocacy Project Launches Teen Ambassadors of Hope Campaign

ne in three U.S. teens is the victim of physical, sexual,

emotional, or verbal abuse from a dating partner, mean-ing about 33 percent of teens will fall victim. But a group of 14 Texas teenag-ers are working to drop those numbers — and fast.

These teens are part of a new Texas Advocacy Project campaign. The Teen Ambas-sadors of Hope campaign launched May 15, 2015, with three major goals: (1) engage young leaders in raising awareness about dating violence and healthy relationships; (2) promote

the Project’s mission and services; and (3) raise funds for the organization.

Special training helped the teens (ages 13-18) prepare for the campaign. Information about healthy relationships, and the ways in which decisions they make today can change what their tomorrow looks like, are some of the topics that were addressed. The teens also learned about personal branding and fundraising.

“The training also helped me to know how to sup-port my friends when they need me,” said participant Caroline McKenzie. “Plus, I really enjoyed everything the marketing experts taught us. I can see myself using many of these tools to help me as I prepare for college!”

“Dating violence is the most common form of vio-lence among adolescents, so it’s really important that teens are opening up in dialogue to

talk about what it means to be in a healthy relationship,” said Heather Bellino, Texas Advocacy Project executive director.

During the course of the campaign, the teens will compete for the title of Teen Hope Ambassador of the Year, which will be presented to the male and female ambassadors who raise the most funds in their campaigns.

The teens were selected from across the state, based on their community involve-ment and social engagement.

The campaign runs through August 15, 2015. The teen participants will receive credit for their volunteer work and will be recognized at a luncheon at the end of August. For more information on the Texas Advocacy Project and its Teen Ambassadors of Hope campaign, visit texasadvo-cacyproject.org. • AL

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From left: Maddie Wallace, Gabrielle Chavez, Delaney Wallace, Caroline McKenzie, and Brianna Rezler (not pictured: Barrington Miles, Eddie Burns,

Akshara Anand, Antonia Untalan, Madison Doerr, Dalton Doerr, Ashlyn Ellgass, Joy Nelms, and Anna Self)


July/August 2015 Austin Lawyer 19May 2015 Austin Lawyer 19

A special thanks goes to all of the volunteers and sponsors who made the event a success, including the law firm of Coki-nos, Bosien & Young, and Papa John’s Pizza on MLK Boulevard. thanks also to Mel Waxler, Chief of staff for Aisd, and Jeannie Maldonado, executive Assistant with the travis County sheriff’s

Office, and the lawyers who prepared the MAS students for their roles. this was an excellent opportunity for the students to be exposed to role models, attorneys and judges, as well as a positive learning experience about the legal system and a meaningful discussion of a very pertinent social issue. • AL

Left: Judge naranjo with students from Ann Richards school for Young Women Leaders. Right: Students from Kealing Middle School.

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AwArds/recognition

� The 2015 National CASA Awards of Excellence has named Judge darlene Byrne as Judge of the Year. Byrne is a child advocacy leader at a lo-cal, state, and national level.

� taralynn r. Mackay has been awarded the 2015 Wom-en of Distinction award. Girl Scouts of Central Texas select-

ed five women in the Central Texas area who are considered outstanding members of the community through business, education, philanthropy, and multicultural activities. Mackay is a partner with McDonald, Mackay, Porter & Weitz.

� dane McKaughan has been recognized in Euromon-ey’s 2015 Expert Guide to the World’s Leading Experts in En-

ergy Law. McKaughan is one of eleven attorneys from Green-berg Traurig who received the honor. He focuses his practice on energy-related litigation matters involving regulated entities such as gas utilities and pipelines, electric utilities, and transmission providers.

� susan g. Morrison re-cently received the Outstanding Achievement Award for 2015

from the Travis County Women Lawyers Association and Foun-dation. The awards luncheon raised more than $65,000 for Central Texas nonprofits. The TC-WLA Foundation funds annual grants for direct legal services to needy women and families.

� david weaver will be hon-ored with Austin’s BIG Giver award. Weaver was nominated by Volunteer Legal Services for his work as a pro bono attorney, specializing in im-migration law. Weaver will be honored at Amplify Austin’s The BIG Give awards ceremony will be held on Aug. 28, 2015 at the Hyatt Regency Austin.

in the news

� K&L Gates has expanded its Austin office with the ad-dition of environmental and administrative law practitioners Bill Moltz, steve Morton, and Janessa glenn. The three attorneys join K&L Gates from Austin’s Moltz Morton & Glenn, where they represented publicly traded and privately held companies in the industri-al, manufacturing, agriculture, oil and gas, chemical, refining, real estate, waste management, and land development sectors. 2801 Via Fortuna, Suite 350, Austin, Texas 78746. Phone: 512.482.6800

� Jessica M. warren and Amanda Lewis have joined together to form the Law Of-fice of Warren and Lewis in Austin and Dripping Springs. Their practice focuses on estate planning and probate work. Austin address: 1100 West Avenue, Austin, Texas 78701. Dripping Springs ad-dress: 800 Hwy. 290 West, Building F, Suite 200, Drip-ping Springs, Texas 78620. Phone: 512.469.9500 Fax: 512.354.7373. Email: [email protected] and [email protected].



Judge Darlene Byrne (right), Conner, McKaughan, Peticolas, and Wood

new Members � The Hispanic Bar Associa-

tion of Austin has announced its new officers for the 2015-2016 year. Betsy Peticolas will serve as president. Anthony Arguijo is president-elect and Kevin terrazas is treasurer, along with Eliana Maruri as secretary.

� Locke Lord has an-nounced 59 of its attorneys and 28 practice areas have been recognized for excel-lence in the 2015 edition of Chambers USA, including four lawyers who earned national distinction. Austin attorneys cynthia Bast, Mike A. hatch-ell, Jennifer rangel, Berry d. spears, and tai tran were among those honored.

� Four Austin-area Jackson Walker attorneys were selected for inclusion in the 2015 edition of Chambers USA: America’s Leading Lawyers for Business guide. The following Austin Bar members were recognized: Leonard dougal, Mike nasi, tim taylor, and Jerry webberman. Jackson Walker was also named a “Recognized Practitioner” for its Bankruptcy/Restructuring, Construction, Corporate/M&A, Energy: State Regulatory and Litigation (Electricity), Environ-ment, Health Care, Labor & Employment, Litigation: General Commercial, and Real Estate practice groups in Texas. The Chambers guide identifies leading lawyers and law firms through interviews with thou-sands of lawyers across the U.S. and their clients.

� trek doyle and Karl seelbach have joined together to form their new firm, Doyle Seelbach. Together, the two attorneys have almost 30 years of litigation experience and have appeared in almost every state and federal court in Texas. Doyle Seelbach’s primary focus

includes business disputes, personal injury and property damage litigation. 12600 Hill Country Boulevard, Suite R-275, Austin, Texas 78738. Phone: 512.960.4890

new to the office

� Husch Blackwell has hired Patricia A. sherman Bruce as Se-nior Counsel member of its En-ergy & Natural Resources team. Sherman Bruce has experience assisting oil and gas companies with real estate matters.

� John w. conner has joined Graves, Dougherty, Hearon & Moody as an associate. He will practice Trust & Estates.

� Reed, Claymon, Meeker & Hargett has added litigation at-torney emily J. davenport to its firm. Davenport has more than 15 years of experience in medi-cal malpractice defense and general litigation. She represents health care providers, includ-ing nurses, physicians, nursing homes, hospitals, hospice, and home health care providers.

� Lana freeman has joined Mitchell, Williams, Selig, Gates & Woodyard in the firm’s Austin office. Freeman is the former general counsel for the Senate Committee on State Affairs and a former assistant attorney gen-eral for the State of Texas.

� International law firm, Greenberg Traurig has recently added Alan w. hersh as an associate to its Austin office. Hersh focuses on litigation and handles asset purchase negotiations, lien and land restrictions on client holdings, immigration issues, and crimi-nal appeals.

� Alexis Montgomery has taken on a new position as a courtroom deputy to the Hon-orable Sam Sparks. 501 West

5th Street, Austin, Texas 78701. Phone: 512.916.5837. Email: [email protected].

� Central Texas law firm, Weisbart Springer Hayes, has added Matt c. wood to its firm. Wood has experience in complex commercial litigation, including trial experience in both federal and state courts.

� Austin lawyers rick har-rison, Kevin Brown, and Alex King have joined with Taube Summers Taylor Meinzer to form a new civil litigation boutique firm. The new firm is called Taube Summers Har-rison Taylor Meinzer Brown. Taube Summers offers creative legal solutions to individual and corporate clients on a local and national basis with a broad range of practice areas, including complex commer-cial litigation, bankruptcy and restructuring, intellectual property, employment law, construction law, environmen-tal law, product liability, and general business disputes. 100 Congress Ave., Suite 1800, Austin, Texas 78701. Website: taubesummers.com. • AL

Please welcome the following new members to the Austin Bar:

Michael Butler, Business and Corporate Law

Rachel Crutchfield, Civil, Construction and Property Damage Litigation

Josh culp, Family Law

craig depew, Entertainment and Sports Law

sarah dettenwanger, Criminal and Administrative Law

robert ewing

reies flores, Litigation

olivia fritsche, Civil Litigation

sylvia holmes, Criminal Defense and Landlord/Tenant Disputes

John thomas izzo

James Kelly, Estate Planning, Probate, Real Estate, and Business Law

daisy Khambatta, Insurance Coverage Litigation

John Kitchens, Personal Injury, Collections, Consumer/DTPA, General Civil, and Business Consulting/Entity Formation

Karolyn Knaack, Corporate Law, Commercial Transactions, Intellectual Property, Mergers and Acquisitions

tanner neidhardt, Litigation

scott nyitray, Family Law

haley o’neill, Civil Litigation Defense

Lisa Palin, Insurance Law, School Law, and Commercial Litigation

christopher Plummer, Business and Administrative Law

Jon Porter

teresa reichek, Family Law

Kristina scheel, Business Transactions and Nonprofit Advising

Kathryn schroeder, Personal Injury and Environmental Energy

Julie sparks, Immigration Law

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.

Announcements for Briefs should include all pertinent information including firm name, address, and contact numbers. Send submissions to Communications Assistant Britni Rachal at [email protected].



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

AYLA President’s Column

Leadership Qualities for MentoringYour Guidance Influences the Next Generation of Attorneys

f you’re not pas-sionate enough from the start, you’ll

never stick it out.” – Steve JobsFor most of us, this sum-

mer will be a great oppor-tunity to influence others around us. We will encounter less-experienced lawyers and law students involved in clerkships who are in need of a little guidance.

But being a good mentor means much more than a handshake at happy hour. it takes work, skill, and a little compassion.

Much of what i learned about leadership, i learned in the u.s. Army. this translates into some simple suggestions to help all of us lead others — not only this summer, but always.

Have a plan and execute. it doesn’t have to be per-fect, or edited, or vetted by everyone in the office — just have one. how many of us have arrived to work and been woefully unprepared for the arrival of a new intern? Or a new attorney? if you spend too long debating what projects to assign them, you have wasted their time and yours. in the Army, we had a one-third/two-thirds rule. You get a third of the time to plan your mission and two-thirds of your time to execute it.

Have the courage to

correct mistakes that need correcting. Oftentimes we feel embarrassed to tell people when they are doing something wrong. Remem-ber that the youngest of our profession may simply not know any better. i once had an incredibly hardwork-ing and talented law clerk explain to me how “cool” and approachable i was as he was wearing ripped jeans to work at the Attorney General’s office. I told him “thank you,” and then gently explained how ripped jeans are not appropriate attire in the legal setting, regardless of how casual the dress code. he was grateful.

Be the example. You want people to be on time? then be on time. You want them to work late? then work late. You want them to participate in pro bono? then do pro bono. You get the idea. imitation is the sincerest form of flattery.

Listen. You don’t have to execute everyone’s ideas, or gain everyone’s approval, but people appreciate being heard. have a new clerk? take time to learn their inter-ests over lunch. that will give you the opportunity to tailor a project that will be suited to their skills. Maybe they have a skill you don’t know about — but you will never know if your entire time to-

gether is spent firing off your war stories.

Let yourself be taught. it is amazing what we don’t know. Last summer, i had an intern teach me the wonders of mapping in PowerPoint. the result? sexy, effective demonstratives.

Love what you do. if you don’t have the time to men-tor or don’t enjoy mentoring, then don’t take on a mentee. We have all worked for someone completely uninspired by what they do. these people need to focus their energy on finding a new job, not trying to lead. i remember having a direct supervisor whose advice within the first month was to find a new job because there wasn’t enough status or money in my current position. nothing kills morale more than a leader who hates his or her job. As one of my favorite quotes goes, “it’s

hard to lead a cavalry charge if you think you look funny on a horse.”

this year, i pledge to you my passion, straightfor-wardness, and confidence of purpose to ensure AYLA’s and the Austin Bar Associa-tion’s continued success. in other words, i’ll do my best not to look funny on that horse. • AL

Chari Kelly, Comal County Criminal district Attorney

“ I



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

AYLA Reentry Committee Produces Reentry Video in Spanishhe Austin Young Lawyers Asso-ciation’s Reentry

Committee recently finished its year-long project, Reentry Austin – Spanish DVD, to be released to our local com-munity within a month.

the committee is happy to report that the profes-sionally made video will provide those who have been recently released from incarceration in travis County a valuable source of information about how to get their lives back on track.

After being incarcer-ated for months or years, a person likely will not have a job, housing, or a valid driver’s license, and likely will not know whether he or she has the right to vote in

an election. these are some of the collateral conse-quence topics covered in the 2014 –15 reentry video.

the reentry video was produced and directed by Liz Reeder-neubauer of studio e Austin, with her staff at studio e working tirelessly on the filming, editing, and mastering of the video. the production was supervised by Leslie

J. Boykin, AYLA’s 2014 –15 Reentry Committee chair-person and coordinating producer. nicole true pro-vided invaluable translation assistance. Local attorneys selena Alvaranga, Alfonso hernandez, eliana Maruri, and Francis Williams-Montenegro appeared as celebrity actors. this project was made possible by grants provided by the Austin Bar

Foundation, texas Bar Foun-dation, and texas Young Lawyers Association.

For more information, visit austinreentry.com or email Debbie Kelly at [email protected]. • AL

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New Courts Complex a Must-Have for Travis CountyBy nancy gray, auStin Bar aSSociation

the travis County Commissioners have approved a $291.6 million bond to build a new Civil and Family Courts Complex on county-owned property at 4th

and guadalupe. Voters will be asked to weigh in on the bond in the november election. the tax implication on an average $325,000 home is only $42 per year. that’s about $3.50, or the price of one taco, per month. the cost of the project is competi-tive and comparable to other similar judicial building projects around the country and in the region.

the travis County Courthouse, currently located at 10th and guadalupe, was built in 1931 when travis County was home to a little less than 78,000 people. it originally housed three court-rooms. the space has been well used in the ensuing 84 years — utilizing every nook and cranny. it now holds 19 courtrooms, plus space for 336 employees in various county offices. Based on the current county population of approximately 1,160,000, the citizens of travis County need 24 courtrooms to serve their purposes, and in 2035, the population is projected to be 1,600,000. the need for courtrooms will grow to 39. unfortu-nately, the current courthouse can’t expand one more inch. the building is simply overwhelmed.

there are many problems with the old courthouse — as one might imagine in any building built during the hoover admin-istration: lack of technology, fire hazards, rat infestations, lead paint, leaky roof, old plumbing and air conditioning, limited ac-cess for the disabled and AdA compliance issues, just to name a few. But of primary concern is the lack of safety and security for women, children, and families.

According to Julia spann, executive director of safePlace:

Most victims of domestic violence are terrified of seeing the persons who abused them when they go to court. They are scared that their abuser will be angry and re-

vengeful that they applied for a protective order, they wor-ry for their own safety as well as for their children. At the courthouse in Travis County, we do not have “safe rooms” where victims can wait separately from the person who has hurt them — there is not room to provide these spaces. At our current courthouse, it is almost inevitable that a victim will come face to face with the abuser in the hallway, the elevator or the courtroom. No wonder so many victims are too afraid to file charges or to go to court!

Victims of domestic violence aren’t the only ones who need

T



a safe and secure place for justice. More children visit the courthouse every day than most people realize. these children may be involved in child custody, adoption, or CPs cases, or they may be with parents who are in the building on other business and don’t have access to childcare. Currently, there are no waiting areas for anyone — and certainly there are no child-friendly waiting rooms. everyone must wait outside the courtrooms in the hallways.

Children play on the stairs or on the floor. Imagine what it feels like for a child involved in a CPs case who has suffered abuse to share the same hallway waiting area with their abuser.

And imagine how it feels for families involved in fierce custody battles or abusive relationships to be together in a very small and cramped space. Family law cases are often the most emotionally charged, stressful, and volatile. And the children involved are innocent and vulnerable. they deserve to be safe and secure and in an environment that helps relieve their stress, not add to it.

there are also a number of people who are in-custody and are brought from the jail to the courthouse. these people walk with their hands in chains, through the very same hallways in which children are playing and families are waiting. this is a se-curity risk that simply must not continue. the citizens of travis County deserve better.

the proposed new Civil and Family Courts Complex in-cludes plans for dedicated children’s waiting areas, a supervised child drop-off area, child-friendly rooms where children can give their testimonies, holding areas for those who are in-custo-dy, and safe-rooms for victims of family violence — all neces-sities for the safety, security, and well-being of travis County’s children and families.

the 14-story building will contain 520,000 sf and will hold 28 courtrooms, with space to expand to 33 by 2035. it will be sustainable, energy efficient, and aesthetically pleasing. not only will safety and security be improved for the women, children, and families using the courthouse, it will have secured judicial parking and extra security measures in place to prevent possible courthouse violence.

It will be modern and accessible, featuring electronic filings and integrated technology. it will also be fully AdA compli-ant. in addition to courtrooms, the building will contain a Law Library and self-help Center, plus other district and County offices, such as the County and District Clerk’s offices.

the new Courthouse Complex will have a four-level under-ground parking garage with 513 spaces for jurors, employees, and visitors to use during the day. the parking garage will be open after hours for public use to help relieve some of the park-ing tensions in the central downtown area. it is designed to be “alive after five.” Public-use space will be available for groups to rent out after hours. talks are underway with local arts groups to possibly utilize this space for rehearsals or performances.

the building will be situated on the lot so that it can ac-commodate the construction of a second office building. This second building can hold retail or office space, and will attract other businesses and support services to the area, further add-ing to the value of Austin’s downtown economy.

Austin, and the surrounding travis County, has become a major metropolitan area. For the first time since 1931, the citizens of travis County have the privilege of creating a lasting, modern, accessible, and secure building where justice can meet the community and serve its needs today, tomorrow, and for years to come. • AL

For more information about the proposed new Civil and Family Courts Complex:

Online: www.newcourtsforfamilies.com Email: [email protected]: 600 Congress Ave., suite 3100, Austin, tX 78701Twitter: @newCourtsForFamFacebook: facebook.com/newcourtsforfamilies

“i support the building of a new Civil and Family Courts Complex because i believe that courthouses should be places where victims and their children

feel safe. I hope you will join me and vote yes in the bond election. We can create a safe courthouse in travis County where victims of family

violence can go and feel safe while seeking justice.”

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upcoming events

Austin Lawyers Wellness GroupTime: noon – 1 p.m. Location: Austin Bar, 816 Congress Ave., Bluebonnet Room (3rd Floor) Free Legal Advice Clinic for Veterans Time: 1:30 – 4:00 p.m. Location: VA Outpatient Clinic 7901 Metropolis dr., Austin, texas 78744

Attorney volunteers are needed to provide brief legal advice. email [email protected] for more details. Members Only 4th Friday Free CLETime: noon – 1 p.m. Location: Austin Bar, 816 Congress Ave., suite 700

Topic: straight from the travis County Court Administrator Speaker: Warren Vavra, Civil Court Administrator at travis County CLE: 1 hour participation credit

Bar Office ClosedObservance of independence day

Austin Lawyers Wellness GroupTime: noon – 1 p.m. Location: Austin Bar, 816 Congress Ave., Bluebonnet Room (3rd Floor)

Members Only 4th Friday Free CLE Time: noon – 1 p.m. Location: Austin Bar, 816 Congress Ave., suite 700

Topic: Legislative update 2015 Speaker: Senator Kirk Watson, Senate of Texas, district 14 CLE: 1 hour participation credit

sAVe dAtethe

JuLY

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.

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Evening of Attorneys in the Arts: An upcoming showcase of hidden talents

By cHriStine Hoang, auStin aSian aMerican Bar aSSociation

Picture it: Lawyers raising money for local artists by showcasing their own talents — playing the ukulele, hip-hop dancing, delivering stand-up comedy, slamming some poetry, telling dirty-laundry stories, and singing disney-princess-inspired song parodies. did this really hap-pen? Yes. Were these attorneys keeping Austin weird? Yes. Was this a ton of fun? Yes. And it all took place at the Austin Asian American Bar Association’s (AAABA) evening of Attorneys in the Arts last summer.

Back by popular demand, AAABA is hosting the 2nd Annual eve-ning of Attorneys in the Arts on Thursday, July 30, 2015, from 6 to 9 p.m. at the newly-renovated highball on south Lamar Boulevard.

AAABA is also seeking sponsors for this event. in addition to receiving tickets to the reception and show, sponsorship perks include being featured in an improv skit performed on stage by Lucky Chaos theater Projects improv troupe and possibly having a signature cocktail named after you or your business that will be served to guests throughout the night.

For more information on being a performer, sponsor, or audience member, please go to austinaaba.org or contact Christine hoang at [email protected].


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Advertiser IndexBUSINESS PAGE NUMBER

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Cornell Smith Mierl Brutocao ..............10

David M. Gottfried – Mediator ............27

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Moreland Properties .............................23

Noelke Maples St. Leger Bryant, LLP ....23

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

Robert M. Cain, MD, PA ......................25

St. Clair Coaching ................................19

Texas Lawyers Insurance Exchange ......24

Thomas Esparza, Jr. PC.........................24

OFFICE SPACE

Two offices available for sublease in West Lake with attorney. shared use of conference room, reception area, and wet bar. shared utility cost. Lots of free parking. Call dan at 512.328.1594.

Office space available two blocks from Courthouse. Common areas include: reception, two conference rooms and kitchen. tenants share reception staff for greeting incoming clients, accepting deliveries and mail distribution. We have one 14’x11’ window office and one in-terior office, approximately 10’x10’. Win-dow office has view of west Austin. Of-fices can be leased together or separately. Parking in the attached garage is $110

per month per automobile, tax inclusive. Please call 512.478.1011 to schedule an appointment to visit the space.

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 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, large conference room, kitchen, coffee bar, two bathrooms, extensive built-ins, and free parking. Please contact Megan at 512.328.8355 or [email protected] to schedule a visit.

The Austin Bar Association has 2104 – 3494 square feet of office space available september 1 at 816 Congress, Suite 700, perfect for a law firm. Fitness Center, 24-hour security parking, three conference facilities, on-site deli, storage facilities, and outdoor and indoor space for private events. For more information, please contact Burke Kennedy, 512.717.3070.

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