Save the Date: - San Antonio Bar Association

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NEWSLETTER
Official newsletter of the
San Antonio Bar Association
May 2008
Vol. LXXXIII Number 10
Congratulations
Law Day Honorees!
in this issue
Law Day Luncheon w/Barry Scheck
2008 Peacemaker Gala Photos
Bar Auxiliary Scholarship Recipients
Bankruptcy Litigation CLE
Summer/Young Associate Afternoon
St. Thomas More Scholarship Drive
SA Attys Respond to El Dorado Crisis
SABA Merchant Account Program Tips
Federal Bar Ethics CLE
Criminal Law Inst. Founding Fathers
SAYLA Annual Golf Tourny/BBQ
St. Mary’s Honors Charlie Gonzalez
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8
10
11
11
16
17
18
18
19
20
20
departments
President’s Message
Memorial Service
Community Justice Program
San Antonio Bar Foundation Page
Committee Corner
Briefly Announcements
New Member Welcome
Listings
Calendar
www.sabar.org
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5
6
12
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Jim Branton
Joe Frazier Brown, Sr.
Award of Excellence
Jimmy Allison
SAYLA Liberty Bell
Award
Save the Date:
NO May Luncheon
SABA Practice Series CLE, 5/1
Law Day U.S.A. Luncheon, 5/9
Subpoena deadline, 5/12
CJP TRLA clinic, 5/13
CJP St. Mary’s clinic, 5/20
Last Chance Videos, 5/22-23
Bexar County holiday, 5/26
Lawyers do a great job!
Emma Cano
SAYLA Outstanding
Young Lawyer Award
Marty Truss
SAYLA Outstanding
Mentor Award
50 years ago President Eisenhower proclaimed
the first Law Day a “day of national dedication to the
principle of government under law.” The San Antonio Bar Association and the San Antonio Bar Foundation invite you to celebrate this enduring principle
during our 50th anniversary of Law Day celebration
on Friday, May 9, 2008, at the San Fernando Cathedral AT&T Community Center (231 W. Commerce).
President John F. Kennedy said “by strengthening the rule of law we strengthen freedom and
justice.” The 50th anniversary theme for Law Day
- continued on page 5 -
By Charles E. Hardy
Higdon, Hardy & Zuflacht, L.L.P.
You don’t read
that headline often but the crisis
in El Dorado has
put lawyers in
the limelight of
need and allowed
us to shine as a
profession. Yes,
it is a time for lawyers to be proud.
We all know what happened—
allegations in West Texas grew to
the point that a raid was conducted
(right or wrong) and many children
and adults were forcibly removed
from their home. Our system needed to work and help, but with hundreds in need, it was overwhelmed.
Then the emails started. Multiple
family law groups from around Texas
started emailing lawyers asking for
volunteers to donate their time (their
- continued on page 17 -
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Newsletter
President’s Message
It was my privilege recently to witness
courtroom drama unfold in a high stakes commercial tort/corporate acquisition lawsuit;
widely followed in the media and financial
markets. Judge Joe Brown, Jr. had been assigned to hear potentially dispositive and injunctive relief motions in the case. By 7:45 a.m.,
as he strode, robe in hand, down the second
floor hallway towards Judge Janet Littlejohn’s
high-tech, but historically restored courtroom
(graciously “loaned out” while she was in Presiding Court), close to a hundred people had
already gathered outside the locked doors.
First, only the actual trial attorneys involved in
representing parties in the case were escorted
in by the bailiff. Technicians were in place for
the audio visual internet stream available on
“Courtline.” Several of us “interested” members of the bar were invited in to view the proceedings from the jury box, or first rows outside the rail, as trial counsel were busy setting
up laptop presentation and visual aids. On the
Plaintiffs’ pleadings as attorneys of record were
Joe D. Jamail, Jr., David J. Beck, Robin C. Gibbs
(from Houston), and our own Ricardo Cedillo
and Larry Macon; with Lamont A. Jefferson,
S. Mark Murray, and Michael P. Carroll (from
New York), for the Defendants. The first order
of business was to ascertain who actually would
assume the “speaking roles,” and Ricardo and
Kathy D. Patrick volunteered for the Plaintiffs.
Lamont, Mark and Michael were granted leave
to address the Court on behalf of their opposing clients. In attendance personally were our
efficient District Clerk Margaret Montemayor,
and our Executive Director Jimmy Allison, to
make sure that logistically, everything in this
large production went smoothly.
From our “peanut gallery,” those lawyers
who did not have a named party in the case also
enjoyed a “ringside seat.” Access to either personal or large video screens allowed us to easily
follow the sophisticated power-point presentations to accompany the legal arguments. In the
time before the court was gaveled to order, and at
breaks, it was nice to be able to greet or exchange
comments and visit with long-time colleagues,
such as David Pritchard, Marvin Pipkin, Reese
Harrison, Wade Caldwell, Dan Sciano and Richard Tinsman, Buddy Banack, and Seagal Wheatley. While we were waiting for the proceedings
to begin, Reese pointed out that first on the wall
among the portraits of the former judges of the
150th District Court was that of Judge Joe Frazier
Brown, Sr. Reese then briefly shared some of his
remembrances of the “original” Judge Brown
with us “younger lawyers”.
It is a case of such economic magnitude
that regardless of which party prevailed in
these important, but initial skirmishes, the
prospect of immediate appeal by the other
side was inevitable. No doubt, many of my
distinguished “observer” colleagues would
have relished the opportunity to perform
again here professionally, at such a high level
of responsibility. If they were like me, howev-
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Prez Message (cont.)
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er, they would also have wondered how they
would perform under such extreme pressure.
In this hearing, with no live testimony,
the intellectual exchange was more akin to
that which occurs in our highest appellate
courts. Over the next few hours, I was very
proud to be a member of the legal profession,
a Texas lawyer, and in particular, a fellow
member of the San Antonio Bar Association.
It was “show time,” in front of all of the media and cameras; under penetrating questioning by Judge Brown (who was obviously well
prepared after reading extensive briefing and
evidentiary documents). As Ricardo Cedillo
said in his opening remarks, referring to himself, Judge Brown and Lamont Jefferson, “we
all kind of grew up together long ago, first cutting our teeth trying personal injury cases.”
It was quickly apparent that these intelligent and resourceful counsel, familiar with
case law and supporting evidence were going to be challenged by a knowledgeable and
experienced former trial lawyer who had
“boned up” on their cases. It did not take him
very long to “get to the meat of the coconut.”
It was a real treat to watch them work, with
me totally unburdened with any substantive
task beyond jotting down pertinent developments or interesting quotes. Although the top
drawer advocacy was zealous, and sometimes
unyielding, it was always respectful and civil.
When an attorney characterized an opponent
as “my esteemed colleague,” it carried the
inflection and compelled the inference that it
was genuine. No experienced observer felt
compelled to share how they would have
handled the issues differently. From this
lawyer’s perspective, all the litigating parties
got a full return on their investment, and their
well placed trust in respective counsel.
The quality reputation of all these trial
lawyers was pretty well known in the legal establishment. Afterward, it should have been
evident to everyone else. Lay persons and
members of the media, unfamiliar with the
Code of Judicial Conduct, or the Canons, or
the Texas Lawyer’s Creed, learned that these
fine representatives of our profession must
also have been “cutting their teeth” under the
tutelage of some exceptional ethical mentors.
Also, in their own right, each had worked
hard over the years to build a good reputation
the old fashioned way, one case at a time.
In a few days, at our Law Day celebration,
we will again present the Joe Frazier Brown Sr.
Award of Excellence which was established as
a lifetime tribute to Judge Brown’s dad, another fine man who had a distinguished career,
and also taught and influenced many attorneys
throughout the years. The award recognizes
an attorney who demonstrates “service to others, idealism, intelligence, and a high degree
of integrity.” This year, our Board was blessed
with another well supported fine group of candidates, including (but not limited to) Charlie
and Shirley Butts, Ben Chappell, Jr., Anthony
Nicholas, Lewin Plunkett, Tommy Smith, and
Nolan Welmaker. These respected lawyers’
professional careers and lives merited serious
consideration for the award.
In the end, it was decided that another
worthy nominee, James L. Branton, deserved
to be this year’s recipient. After military service, Jim began an extensive commitment to
this profession, which included Presidency
of the State Bar of Texas, the San Antonio Bar
Association, and the Texas Trial Lawyers Association. He was selected as a member of
the American College of Trial Lawyers, and
President of the San Antonio Chapter of the
American Board of Trial Advocates, and is a
Fellow of the International Academy of Trial
Lawyers. He was a founding member of the
National Board of Trial Advocacy.
In my personal experience, he is best remembered for his leadership in establishing the
State Bar’s Professional Enhancement Program
(PEP) which served as an adjunct to the grievance committee for more than a decade to help
struggling lawyers “get it right.” In some of
the nominating letters, Sonia Rodriguez and
Jim Hall, his partners, reminded us of his hard
earned reputation as an intelligent and ethical
lawyer. He also “cut his teeth” in the personal
injury trial field (like his respected colleagues
Phil Hardberger, Frank Herrera, Pat Maloney,
Andy Mireles, Fidel Rodriguez, Jr., and previous award winner Jack Pasqual). Often on the
other side of the table from the lawyers I recently observed, he always fought hard but fairly
for his clients, earning his enviable reputation.
In all of the 45 years during which these
fine lawyers have been establishing their stellar
reputations, Mr. Jimmy Allison has been the Executive Director of the San Antonio Bar Association. At the Law Day luncheon that will honor
Jim Branton, the San Antonio Young Lawyers
will present Jimmy with the Liberty Bell Award.
It is an honor reserved for those who have promoted a better understanding of the rule of law;
encouragement of a greater respect for law in
the court; stimulating a sense of civic respon-
sibility; and contributing to good government
in the community in general. In each of these
categories, for more than four decades, Mr. Allison remains unequaled as the quiet, efficient
“behind the scenes” moving force in San Antonio to encourage, promote, facilitate and implement the efforts of the Bar for public education,
pro bono service, and charitable contributions
to our community. Jimmy was recently instrumental in the success of our Support the Troops
project, and the work of the young lawyers in
many outreach programs. He has effectively
incorporated the leadership interests and projects of minority and specialty bars into our
fabric; and was our driving force in identifying
the need, planning the creation, and achieving
a way to obtain the funding for the existing
Community Justice Program of pro bono service extension into pro se litigation. To many
in our community, Mr. Allison has become the
respected “public face” of the San Antonio Bar
Association through media relations, and by
directing community leaders and members of
the press to qualified lawyers and speakers in
the profession, to timely comment or act upon
pressing issues of the day. Jimmy’s courthouse
office door is always open to any person with a
problem, who is hurting, down on his luck, or
in need of legal or personal “counseling” help.
He is the head of our “extended family” at the
courthouse. In times of need, Mr. Allison always pulls out his wallet first; then makes sure
that “his lawyers” are also given the opportunity to help someone less fortunate. In all respects, Jimmy Allison has personally enhanced
the image of the profession through his tireless
efforts by enabling us to accomplish the work
that we do beyond our daily practice of law. In
our community, each and every day, through his
efforts, credibility, and influence with the political, business, and civic leaders, he will “make
things happen” for the good of our citizens.
We all know him to be a truly remarkable
man, whose work has made our legal community a viable, unique resource. Jimmy inspires us
all, as a “role model” of what true dedication and
unselfish service to the profession can achieve.
Given his many years of service, his Liberty
Bell Award is an honor which is long overdue;
finally recognizing this very modest person who
exemplifies its ideals. No doubt you will want
to join me in honoring these fine gentlemen on
Law Day, where our Chair extraordinare, Judge
Ed Prado, will enhance the enjoyment in his special style. I look forward to seeing each and every one of you who have earned a seat by your
own respected reputation; present to shake their
hands for a well earned tribute.
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Law Day 2008: 50 years of celebrating the rule of law
Join Barry Scheck and the S.A. Bar in commemorating Law Day’s golden anniversary
- continued from front page is The Rule of Law: Foundation for Communities of Opportunity and Equity. We all have
a stake in the rule of law, and we all can do
our part to strengthen it. The rule of law
refers to a system of self-government with
a strong and accessible legal process. Law
Day 2008 will explore the meaning of the
rule of law, fostering public understanding of the rule of law through discussion
of its role in a free society.
The keynote speaker for the luncheon
will be Barry Scheck, best known for his
years of landmark litigation, which set
standards for the use of DNA evidence in
courts throughout the country. Mr. Scheck
has spearheaded a nationwide movement
to re-examine the fairness and efficancy
of our criminal justice system through the
Innocence Project,which he co-founded in
1992 with his colleague Peter Neufeld.
The Fourth Court of Appeals &
the San Antonio Bar Association
will sponsor a
Memorial
Service
Thursday, May 22nd
for Les Mendelsohn and
Eldridge Dickinson “Dick” Ryman
Services begin promptly at 2 p.m.
in the Fourth Court of Appeals, 3rd floor
of the Cadena-Reeves Justice Center
Several awards will be presented during the luncheon. The prestigious Joe Frazier
Brown, Sr. Award of Excellence, a long-term
tribute in honor of the distinguished attorney
who taught and influenced many attorneys,
recognizes a lawyer(s) who demonstrate
service to others, idealism, intelligence and
a high degree of integrity. This year’s recipient will be James (Jim) Branton of Branton &
Hall, P.C. The San Antonio Young Lawyers
Association will also present a series awards
at the luncheon. The Liberty Bell Award
recognizes an outstanding non-lawyer who
has made a selfless contribution to his or her
community to strengthen the effectiveness of
the American system of justice by instilling a
better understanding and appreciation of the
law. This year, the award goes to long-time
Executive Director of the San Antonio Bar
Association Jimmy Allison. Emma Cano
of Haynes and Boone, LLP will recieve the
Outstanding Young Lawyer Award, which
annually recognizes an individual who has
exhibited professional proficiency, service to
the profession and service to the community. Finally, the Outstanding Mentor Award,
which recognizes an attorney who serves
as a role model to young lawyers in his or
her community; fosters the development of
young lawyers and significantly contributes
to the profession and/or the community will
be presented to Marty Truss of Cox Smith
Matthews Incorporated.
The cost per table of ten is $1,000 and
individual tickets are $45. The SABA Law
Day committee has planned the Law Day
Luncheon as a time for lawyers from all areas of practice and me0mbers of our community to come together to celebrate and
show appreciation for our legal system.
If you have any questions about the
Law Day Luncheon or would like to purchase a table, please contact Jimmy Allison
at 210.227.8822 x21.
DWI REPRESENTATION
ANDREW DEL CUETO
ROBERT A. PRICE IV
Board Certified in Criminal Law Since 1979
Past President, San Antonio Bar Association
Past Director, Texas Criminal Defense Lawyers Assoc.
Former Asst. Bexar County District Attorney
Former Prosecutor for DWI Task Force
Over 100 DWI Trials
PRICE & DEL CUETO
405 S. Presa St • San Antonio TX 78205
210-227-5311
Specializing in DWI and all other State and Federal offenses including
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The Community Justice Program will hold two clinics during the month of May. If you would like to volunteer to “Just
Take One” pro bono case, we welcome and appreciate your participation. Volunteer attorneys are eligible to receive 5.0
hours of CLE, including 1.0 hour of ethics, for taking a case. The clinic dates for May are:
• Tuesday, May 13 at the Texas RioGrande Legal Aid office, 1111 N. Main Ave.
• Tuesday, May 20 at St. Mary’s Center for Legal & Social Justice, 2507 NW 36th St.
If you are planning to finalize your CJP case at one of these clinics,or would like to volunteer, please contact the CJP office at 210.227.8822, x24.
Court reporter
Yvonne Gonzalez
and Judge David
Berchelmann take
a moment to smile
for the camera in
between finalizing
cases at the April
1 CJP clinic at the
Texas RioGrande
Legal Aid office.
“Thank you APRIL volunteers”
TRLA
ST. MARY’S
WESLEY CENTER
Volunteer Attorneys
Wade Shelton
Clay Morgan
John Howell
Steve Medina
Jennifer Parks
Tom Newton
San Antonio Criminal
Defense Lawyers
Association
Patrick Filyk
Reed Greene
Anton Hajek
Cindy Hudson
Adam Kobs
Angela Luthi
Ryan Moe
Jeannette Sullivan
George Taylor
Chuck Wedin
Julie Pollock
Barry Hitchings
Volunteer Attorneys
Katherine David
James Meyrat
Bob Nordhaus
Suzanne Raiford
Steven Rouse
Bo Sutton
David Williams
Marla Castro
Joe Hinojosa
Volunteer Support Staff
Mary Pena
Mentors
Cyrus Rea
Mentors
Pat Reyna
Carmen Rojo
Judge
Laura Parker
Volunteer Support Staff
Patti Giuliano
Lynn Domangue
Jennifer Gillespie
Annalisa
McCormack-Curzan
Mentors
John Hemmi
Judge
David Berchelmann
District Clerks
Jessica Bogardus
Monica Hernandez
Court Reporter
Yvonne Gonzalez
Judge
Karen Pozza
Court Reporter
Teri Thomas
District Clerks
Debra Garay
Monica Hernandez
Amanda Muth
Volunteer Support Staff
Suzanne DeWalt
Hannah Rendon
Lisa Santos
Court Reporter
Glenn Poage
District Clerks
Mary Becerra-Cruz
Angela Dominguez
Maria Herrera
Debra Garay
Court Reporter
Lisa Ward
BIG ANNOUNCEMENT!
The State Bar of Texas Board of Directors has adopted resolutions honoring Judge Karen Pozza and Justice Phylis Speedlin
for their “outstanding dedication and leadership in involving
the legal community in pro bono services.” Specifically, the
resolutions acknowledge and appreciate the jurists creation
of the Community Justice Program, which provides free legal
services to low income individuals. Judge Pozza and Justice
Speedlin, who accepted the honor, were recognized for their
leadership, work and commitment to the CJP at a dinner held
April 24 at the Southwest School of Art & Craft.
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Attorney David Williams from the City Attorney’s Office listens to his clients
as he helps them with their case. Williams volunteered to “just take one” pro
bono case at the April 15 CJP clinic at the Wesley Community Center.
Before they meet with their clients, volunteer attorneys Bob Nordhaus (left) and
Bo Sutton (center) listen to Justice Phylis Speedlin as she conducts an orientation
and answers questions at the April 15 CJP clinic at the Wesley Community Center.
“Just Take One”
At the April
8 CJP clinic
at St. Mary’s
Center for
Legal & Social
Justice, attorneys with the
San Antonio
Criminal Defense Lawyers
Association
graciously
accepted pro
bono cases.
CJP CO-CHAIRS
Judge Karen Pozza &
Justice Phylis Speedlin
CJP COORDINATOR
Amanda Reimherr Buckert
LAD COORDINATOR (TRLA)
Patricia Giuliano
By Amanda Reimherr Buckert
CJP Coordinator
Leaving the San Antonio Express-News’ noisy newsroom and taking a short
trek across downtown to the historic halls of the Bexar County Courthouse
has been an exciting and rewarding new challenge. Although the wonderful
Suzanne DeWalt left some very big shoes to fill, I am thoroughly enjoying taking each step as the new coordinator of the Community Justice Program.
Over the past several weeks, I have attended five clinics and witnessed first hand
the wonderful impact that the CJP has on our community. The volunteer attorneys have
expressed to me how fulfilling it is to donate their time to those who can’t afford a lawyer;
but it is the people they are helping, however, that have really struck me. At the clinics,
these folks wait patiently with looks of nervousness and anticipation etched on their
faces. For many of them, what may be a simple case to their attorney is a life-altering,
monumental and desperately needed event in their lives.
After consulting with their new counsel, the clients often leave the clinics with big
smiles and profound looks of relief. Their appreciation for the attorney who is helping
them solve an ongoing problem is deep and not to be understated. For many of these clients, a time of hopelessness and confusion has been transformed into one of satisfaction
and peace—all because a generous attorney agreed to “Just Take One” pro bono case.
If you would like to volunteer at an upcoming clinic or have questions regarding a
current CJP case, please contact me at [email protected] or 210.227.8822, x24.
SALSA COORDINATOR (ST. MARY’S)
Mary Peña
WESLEY CLINIC COORDINATOR
Lisa Santos
MANAGING ATTORNEY, SA OFFICE
Ann Zaragoza (TRLA)
PARALEGAL CLIENT COORDINATOR
Maria “Lulu” Villanueva (TRLA)
To volunteer to “Just Take One”
pro bono case per year; call Amanda
Reimherr Buckert @ 210.227.8822 x24
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2008
Peacemaker
Awards
Gala
Marta Palaez (right) was the recipient of the 2008 Peacemaker Award. Pictured with SABF Chair Renee McElhaney
(center) and Peacemaker Gala Chair Besa Martin (right).
William Howard Taft H.S., NISD received the
2008 Outstanding School Peer Mediation
Program Award.
Valero Energy Corporation was the recipient of the 2008
Corporate Community Service Award, accepted by Kim
Bowers (left), Valero’s Vice President of Legal Services.
Left to right: BG (Ret) M. Scott Magers, Peacemaker
Raffle Chair Natalie Hall and J. Christopher Byrd, Esq.
Introducing the newly-designed
Peacemaker Award!
Past SABF Chairs Abigail Kampmann (03-04), Laurie
Weiss (04-05) and Diann Bartek (00-01).
Right:
(left to right) Teri
Hospers, Lee Cusenbary,
Linda Thoede and
Steven Thoede.
Left:
Attorney Carol Weir
received the Carolyn
Thurmond Award for
Community Service
by a Lawyer
Judge David Berchelmann, Mayor Phil Hardberger and
Justice Cathy Stone
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Above
Left to right: Stephen Barrera, Michael Jackson, Mary
Doggett and Sol Casseb
The Court Jesters Rocked the Casbah from their vantage point overlooking
the dance floor at Sunset Station.
Above left:
Mark Luitjen and Joe
Casseb
Above right:
Court Jesters songstress
Mary Doggett belts out
a tune
Left:
Immediate Past SABA
President Lamont Jefferson (far left) goes to
town on the cow bell
Left to right: Mark Luitjen and Joe Casseb and Bobby Treviño
The Court Jesters “Wall of Sound” (left to right): Jim Frost, Brett Rowe,
Doug Walsdorf and Ruben Barrera
Special Guest Jester Lamont Jefferson accompanies the Court Jesters.
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The San Antonio Bar Auxiliary
presents annual sholarships, gears up for FIESTA!
When the San Antonio Bar Auxiliary met on March 25 at Club Giraud it was to celebrate Fiesta and the presentation of scholarships. Through the San Antonio Bar Auxiliary
Foundation, we have established two scholarship funds. The Olive Trueheart Scholarship
is awarded each year to a worthy St. Mary’s Law School student on the basis of good character, financial need, and scholastic achievement. The Virginia Jordan Dial Scholarship is
awarded annually to a deserving paralegal student at San Antonio College.
Receiving the Olive Trueheart Scholarship was Ms. Kelley Smoot, candidate for
Juris Doctor in 2008. Accepting the Virginia Jordan Dial Scholarship was Ms. Ana
Pastrano. The Auxiliary is proud to honor these distinguished students.
Special guest for the Fiesta Luncheon from the 2008
Fiesta San Antonio Commission was Susan D. Reed, Bexar
County District Attorney. Ms.
Reed gave an overview of the
economic impact that Fiesta
has on the community. More
than three million people atCharles E. Cantu, Dean of the School of Law at St.
tend the events of Fiesta. They
generate an economic impact Mary’s University, accepted the Olive Trueheart Scholarship on behalf of Ms. Kelley Smoot. The Olive Trueof some $284 million, making
heart Scholarship awarded each year to a worthy St.
Fiesta by far the biggest fesMary’s Law School student on the basis of good charactival in the city. She also exter, financial need, and scholastic achievement.
plained that the Fiesta Commission returns more than
$1 million to the community
each year in a number of difVirginia Van Cleave (right), president of the San Antonio Bar Auxferent efforts. She encouraged
iliary Foundation Board of Trustees, presented Ana Pastrano (left)
everyone to join the Fiesta
with the Virginia Jordan Dial Scholarship, which is awarded annuCommission and get involved
ally to a deserving paralegal student at San Antonio College.
Subpoena (USPS #010728) (ISSN #1073-5135)
as one of the 75,000 volunteers
is published monthly at the annual rate of $20
from throughout the community.
by the San Antonio Bar Association,
The Bar Auxiliary would like
Bexar County Courthouse, Suite 500,
to thank Host Judge Preston Dial
San Antonio, Texas 78205.
and Co-hostesses June Mc Manus,
Periodicals postage paid at San Antonio, TX
Susan Hall, Mary Jane Ritter, Anabel Rodriguez, Peggy Karam and
POSTMASTER send address changes to:
Betsy Stolhanske for another enSubpoena, San Antonio Bar Association,
lightening and fun afternoon.
Bexar County Courthouse, Suite 500,
President Marcia Harris exSan Antonio, Texas 78205.
tends a special invitation to the
spouses of any member of the San
Press releases, calendar announcements and
inquiries about the Subpoena must be sent by
Antonio Bar Association to attend
the 10th of the month preceding publication to
the next meeting of the SABA. It
the attention of:
will be held on Tuesday, May 27
Kimberly Palmer
at Deerbrook Farm. This will
Editor
be a celebration of the 1938-2008
email: [email protected]
Founders Month. We will also be
210.227.8822; Fax: 210.271.9614;
inducting the new officers for 2008SABA website: www.sabar.org
2009. Come and bring a friend and
SABA office hours: Monday-Friday 8-5 p.m.;
plan to have a good time. Make Bexar County District Attorney and 2008 Fiesta San Antonio
Closed weekends and County holidays
your reservations by calling Betsy
Commission Susan D. Reed gave an overview of the economic
impact
that
Fiesta
has
on
the
community.
O’Connell at 830.885.7688.
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‘I’m in a lawsuit and one of the
parties filed for bankruptcy...
What do I do now?’
Get the answer to this and many other fundamental questions about the effects of bankruptcy law
on state court litigation from two of the preeminent
bankruptcy lawyers in the country!
Join the SABA Litigation Section on May 30 at noon
at the Plaza Club for a timely, entertaining and informative primer on the essential nuts and bolts of bankruptcy
law tailored to the state court trial lawyer. Former Chair
and Past President of the American Bankruptcy Institute, Deborah Williamson, along with former Chair of
the State Bar of Texas Bankruptcy Law Section, Charles
Beckham, will present highlights and practical tips from
their recently published ABI manual Bankruptcy Litigation Manual: What Civil Litigators Need to Know. Everyone attending the presentation on May 30 will receive
a copy of the 86-page guide for civil litigators along with
lunch and CLE for just $10. This presentation is sure to
sell out so reserve your space now while they last.
Email [email protected] and mail your
check to Marty Truss, Cox Smith Matthews, 112 East
Pecan Street, Suite 1800, San Antonio, Texas 78205.
Summer Associate/Clerk & Young Associate
Afternoon in the Federal Courthouse
On Friday, May 30, 2008, the San
Antonio Chapter of the Federal Bar
Association is pleased to partner with
the San Antonio Young Lawyers Association and the United States District
Clerk’s Office and a Planning Committee comprised of lawyers from a
wide variety of San Antonio law firms
to host its second annual program designed for summer associates, summer law clerks, law students, and
younger lawyers who are interested
in a comprehensive overview of the
work of the United States District
Court and federal practice. Expected
speakers include: United States District Judge Fred Biery; United States
District Judge Royal Ferguson; United
States Magistrate Judge Pamela Mathy; United States District Clerk William Putnicki; United States District
Clerk, San Antonio Divisional Office
Manager Michael Oakes; and a panel
of practitioners to discuss the work of
summer associates and law clerks.
A Happy Hour sponsored by
SAYLA and local law firms will follow the program at Azuca bar on 713
S. Alamo Street. Registration fee is
$25, and $10 for St. Mary’s law students. Checks should be made out
to the San Antonio Federal Bar Association. If you plan to attend, please
contact Kathy Stephens, Clemens &
Spencer, by telephoning 210.227.7121,
or emailing [email protected] on or before 12 noon on
Friday, May 23, 2008 (the Friday before the Memorial Day weekend and
one week before the program) and
provide your name and contact information (office name and address,
telephone number, and, if possible,
email address). All money will be
collected on May 30 at the registration desk for the program. If necessary, we will be required to limit attendance to room capacity.
Subpoena
12
Newsletter
The San Antonio
Bar Foundation
THE VIVA FIESTA RAFFLE!!!
Here are the details....
THE PRIZE
A $5,000 travel certificate from Abercrombie & Kent that
can be used to travel ANYWHERE in the world. Abercrombie
& Kent (www.abercrombiekent.com) is among the world’s most
exclusive travel companies!
THE DONORS
Local attorney, Ricardo R. Reyna and his wife, Rachel, have generously donated this $5,000 travel certificate.
HOW TO WIN
TICKET PRICE: $100 per chance. Only 200 chances will be
sold. Please call Natalie Hall at 210.554.5546 or email her at
[email protected] and she will send you a ticket.
THE DRAWING
The “VIVA FIESTA” Raffle Drawing will take place at the Law
Day Luncheon on Friday, May 9, 2008. YOU DON’T HAVE TO
BE PRESENT TO WIN!
Don’t delay, buy your chance today!
THANK YOU FOR YOUR SUPPORT!
Tributes
VIVA FIESTA! So far we have sold only 18 tickets to date.
That means, only a handful of people will have a chance to win a
$5,000 prize! These kind of odds are too good to pass up! We
are still selling tickets until May 8th—so buy today!
The Bexar County Women’s Bar Foundation and the San Antonio Bar Foundation wish to thank AT&T and the following individuals for participating in the
Wills Clinic on April 9: Lori Blont, Len
Briley, William Brown, Marc Lipton, John
Mason, Kelly Murray, Pamela St. John,
Claude Sisson, Robert Steiger, Deborah
Verbil, Agatha Wade, Jan Jackson, Toti
Aubrey, Richard Tye (Attorney Mentor),
Arthur Allen, Laura Clark, Jane Dure,
Jalyn Fiske, Stephen Garske, Jonathan
Geserick, Jonathan Grove, Douglas Huff,
Elizabeth Ortiz, Paul Pinon, Kris Rivenburgh, James Rodriguez, Michael Scapin,
Margaret Schlesinger, Courtney Scipio,
Alicia Surratt, Clifford Wheeler, Terry
Gallegos, Monica Gamez, Jennifer Gillespie, Carmen Luna, Flo Rosas, Thomas
Bouwman, Patty Kearney, Dan Kearney,
Patty Villarreal and Stephanie Zucco.
In memory of...
Steve C. Barrera
father of Steve A. Barrera,
brother of Roy Barrera, Sr.
from Joe and Beth Casseb
Tuck Chapin
from Hon. Jim and Virginia Barlow
Bess Scott Hardberger
mother of Mayor Phil Hardberger,
from Joe and Beth Casseb
Keith Kaiser
from Renée F. McElhaney
Keith Kaiser
from Gilbert Vara, Jr.
Gus Wilcox
from Gordon and Lynda Armstrong
Subpoena
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Newsletter
Committee
Corner
DISTRICT COURTS COMMITTEE
An unusually large group of 38 gathered
for the monthly meeting of the District Courts
Committee on April 3 in the old courtroom of
the court of appeals. Two reasons for the size of
the group are the participants in the program,
and the co-sponsorship of this program by the
Litigation Section of SABA. Included in the
group were special guests Justice Sandee Bryan
Marion, and Civil District Court Judges Barbara Nellermoe, Gloria Saldana and Larry Noll.
Other special guests made the presentation,
which is the first of its kind: Senator Jeff Wentworth, District Judge Ken Wise and Alistair
Dawson, both from Houston, and former SABA
President Lamont Jefferson. Alistair is also the
Chair of the Litigation Section of the State Bar.
The main topic was the State Bar Court Administration Task Force. The task force started
with the Litigation Section of the State Bar, and at
the request of the Bar, has become a task force of
the entire Bar. Alistair briefly described the history of the Task Force: Senator Duncan (Lubbock)
filed SB 1204, which was a controversial bill that
included proposed changes in court jurisdiction
and control of complex cases. The Senate passed
that bill and the House considered it up until the
last day of the session. By the time the House
considered it, there were some changes, but not
enough changes were made to satisfy all interest
groups. One reason for the controversy was that
the bill received little input from trial lawyers,
the group which would be most affected by the
proposed changes. Senator Duncan intends to
file a similar bill next session. The Litigation
Section thus established the Working Group, the
members of which include representatives of the
judiciary, ABOTA, TTLA, TADC, and other interested organizations. At the request of the State
Bar, the Working Group has been transformed
into the Court Administration Task Force. The
Task Force has 3 committees. Judge Wise,
Alistair Dawson and Lamont Jefferson are members of the Task Force. The Supreme Court has
appointed Senator Wentworth to the Task Force
on Jury Assembly and Administration, chaired
by Judge David Peeples. Alistair indicated that
the groups interested in these subjects, including
Senator Duncan and the tort “reform” organizations, are looking to the Task Force to make
recommendations and will probably wait for the
Task Force to make the first move.
Last session, Senator Wentworth filed SB
1300, on improving jury service. The bill did
not pass both houses. He plans to file a similar
bill next session. He got the idea for the bill
while attending the Texas Jury Trial Summit,
in Houston, sponsored by the National Center
for State Courts. Additional background for
the next bill will be the ABA Civil Trial Practice
Standards for Jury Trials. As he noted, under
procedures which many courts follow, juries
can’t take notes, can’t ask questions, receive
limited instructions, but are asked to take a
“test” at the end of the trial. He does not believe that procedure is fair to the jurors. The
bill will provide that jurors may take notes,
jurors may use the notes while court is in session and during deliberations, jurors must turn
in the notes to the bailiff at the end of each
day, jurors may conduct interim deliberations
when all are assembled, and the attorneys may
conduct interim arguments. The bill will also
Subpoena
15
Newsletter
Lamont
Jefferson
addressed the issue
of the court system.
They at first nicely described it as a “multitiered court system,”
then quickly succumbed to the temptation to describe it
as a “hodgepodge,”
a “convoluted” and
too “complicated”
system. For example,
for some cases, and
in some counties, because of overlapping
From left: Linda McDonald, Alistair Dawson (Chair, State Bar Litigation Secjurisdictions, there
tion), District Judge Ken Wise (Houston), Lamont Jefferson (former President of
might be up to 5
SABA), Senator Jeff Wentworth, and Jane Fritz, who along with Linda McDoncourts in which a suit
ald arranged for the program on the State Bar Court Administration Task Force.
might be brought.
include a provision for jurors to ask questions, For the same kind of case, parties might be eneven though that part was controversial in the titled to a 12 person jury in district court, but
last session. Either that or another bill will es- only a 6 person jury in probate court. Those
tablish law for the purpose of improving jury kinds of laws lead to forum shopping. Alistair
service. Improvements will include electronic asked, rhetorically, “Can we clean this system
check-ins by potential jurors, assignments to up without impacting justice?”
Judge Wise reminded us that we are the
particular courts before arrival at the central
jury room, provisions for making jury assem- only state or one of only a few states which has
bly more comfortable, and establishment of two highest courts, the Supreme Court and the
fines for jurors summoned who do not appear Court of Criminal Appeals. Some might argue
for duty. According to Senator Wentworth, for the courts to merge, but surveys indicate
Travis County has an optional electronic check that there is not a desire for merger. Some of
in system which has worked well. Gary Hut- the courts of appeals have overlapping juriston, who is the civil district courts administra- dictions. Courts of Appeals 1 and 14, 5 and 6,
tor in Bexar County, questioned whether these and 6 and 12 have overlapping jurisdictions.
improvements would override local practice if He suggested that overlapping jurisdictions
that practice is effective, as it is in Bexar County. can lead to different outcomes in similar cases.
The Senator replied that the bill might contain There will be consideration for redrawing disconsiderations for modification at the local lev- trict boundaries to eliminate the overlaps. The
el. He also invited Gary to make a presentation problem in Houston, however, probably will
not be solved by dividing up Harris County.
on local procedures at the hearing on the bill.
Senator Wentworth and Judge Wise rec- But merger of courts 1 and 14 is opposed.
There are 443 district courts. Of those,
ognize that some judges already follow some
of the proposed procedures for taking and us- 346 cover just one county, but 97 cover more
ing notes and asking questions. So to some ex- than one. In some situations, a county is in
tent, the proposed legislation would conform more than one district. Then there are general
procedure to existing practice. Judge Wise and special jurisdiction courts-those that are
informed us that in his interviews of jurors af- designated as criminal district courts, those
ter trials, they always have a question, “Why that are designated as family law courts, and
did the lawyers not ask X question?” Lamont those which are required to give preference
added that he thinks by empowering jurors to to criminal or family law cases.
Lamont pointed out that the state has 494
ask questions, the proposed procedures will
change the dynamics of jury trials: trial lawyers county level courts. There are many different
will change emphasis as the trial proceeds, to jurisdictions and some overlapping jurisdictions
take into consideration questions asked by the (with district courts and justice courts), leading
jurors. As he stated, “Questions asked by ju- to a complicated judicial system. He informed
rors are often quite surprising to the lawyers.” us that although we as lawyers might not spend
Then Judge Wise, Alistair Dawson and much time in justice or small claims courts,
thousands of citizens of the state do and those
courts are of critical importance to them. But the
difference between a justice court and a small
claims court is difficult to understand. So there
is a proposal to merge justice with small claims
courts, that is, to eliminate the distinction.
The panel concluded with a discussion of
so-called “complex cases.” Alistair described
some proposed remedies for problems relating
to them. District Courts Committee member
Stephen Lazor soon spoke up, describing the
earlier proposal, in SB 1204, by Duncan, as
an attempt by tort “reformers” to enable one
group of judges to pluck a complex case from
one judge and to move it to a more favorable
venue. Alistair responded that the remedies
now proposed, at least by the Task Force, will
avoid that kind of proposal, and instead attempt to provide resources for judges who are
confronted by complex, challenging cases, but
who are lacking resources such as training in
management of complex cases, and transcribers
and briefing and staff attorneys, who are available at least in duplicate to federal judges. He
added that although some of the court rooms
in SA are high tech, there are lots of courts in
Texas without even computer systems, or up
to date systems. He believes that the allocation
of resources should not be controlled by a state
level panel, but should be controlled at the local level. There is also consideration for permitting judges to transfer cases to other judges
if the judges agree that the judge to whom the
case is transferred is in a better position to manage the complex case. Finally, there was some
friendly debate between Lamont and Alistair
over whether the judicial system should adopt
some procedures to attract those who are now
inclined to dispose of cases by arbitration. Not
surprisingly, Lamont and his brother the Chief
Justice agree that the judicial system is losing
cases to arbitration. Alistair questions that belief, and referred to anecdotal evidence that a
growing number who have been to arbitration
are dissatisfied with it. He thinks one solution
is to just try cases to the judge, instead of taking them to arbitration. One reason for that
dissatisfaction, as Stephen Lazor noted, is that
Texas, unlike some other states, provides no
exceptions to arbitration agreements, even
if they are the result of unequal bargaining
positions. One solution to the problem, described by Alistair, might be judicial review
of arbitration decisions.
Our next meeting will be on Thursday
May 1. Please make reservations by Wednesday afternoon, April 30.
-Robin Teague, Chair
Subpoena
16
Newsletter
Help support student scholarships in rememberance of
St. Thomas More, Patron Saint of Lawyers
Sir Thomas More (1478 –1535), son of an
English judge, grew up in London and became
a lawyer and confident of the King and Chancellor of England under King Henry VIII. Gov-
erning from the second most powerful position
in the realm, he forsook all when he refused to
acknowledge Henry’s right to name himself
“Supreme Head” of the Church in England
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and thus determine the succession to the English Throne through his divorce from Katherine of Aragon and his marriage to Ann Boleyn.
Thomas paid for his adherence to principle
when he was beheaded in July 1535. Thomas
More was canonized in 1935, 400 years after his
death, and is the Patron Saint of Lawyers.
Saint Thomas More Catholic School, located just north of Fort Sam Houston, strives to
educate children from all of San Antonio’s socioeconomic groups in the tradition of Saint Thomas More. High academic standards, coupled
with a focus of ethics and community, set the
tone for the school’s community. The school’s
graduates continue on to success in both public
and private high schools throughout the city.
The school is looking for law firms or
individual attorneys who would be willing to fund scholarships in remembrance
of Saint Thomas More for one or more of
our students. At present, almost a third of
our students require some kind of financial
aid and that financial aid is drying up due to
the weak economy. The cost to support one
student for a year is $3,570. The awarding of
each scholarship is done through the Financial Aid Committee of the School Council.
Awards are announced in June and fund the
following school year. Any firm or individual attorney who may be interested in assisting one or more of our students is asked to
call Mr. Bill Smith, Principal at 210.655.2882.
Contributions to the school are tax deductible. Thank you for your kind consideration.
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Subpoena
17
Newsletter
Local attorneys respond to the call in El Dorado (cont.)
- continued from front page stock in trade) to help with this calamity.
The response was immediate and
without hesitation. Hurst lawyer Barbara
Nunneley, President of the Texas Chapter
of the American Academy of Matrimonial
Lawyers, said “Texas Family Lawyers
were nothing less than amazing at the
outpouring of generosity of their time and
skills for the children of Texas.”
Houston lawyer Ellen Yarrell, Family
Law Section member and President of Texas
Academy of Family Law Specialists said “I
think the lawyers’ response is phenomenal.
Family lawyers understand the legal issues,
both state and constitutional, that need to
be addressed. Each family member affected
by this situation needs representation to assure that individual rights are protected.”
And volunteers were not the only contribution from lawyers. Our SA Bar’s Family Law Section voted to contribute $2,500
to the Texas Bar Foundation. San Antonio
Bar Family Law Section President Karen
Marvel said “We knew they needed help.
We as lawyers had the opportunity to make
a major contribution to help and we did.”
Many other law firms and lawyers
have made financial contributions. Our
efforts should not stop here. This crisis is
ongoing and needs our help. Time, money,
and mentoring will all help the effort to assist these families in crisis.
San Antonio lawyers played a very
special role in this growing situation.
Weatherford lawyer Tom Vick, a commissioner for the Texas Access for Justice Commission (TAJC), saw the story on CNN and
decided to call Emily Jones, Executive Director of the TAJC to see if they needed help.
“She explained to me that she needed
50 lawyers to volunteer to help out with the
situation. I sent the word out and 40 of the
first 45 volunteers that signed up that day
were San Antonio lawyers. I was amazed
at San Antonio’s response!”
The next day, Texas Bar President Gib
Walton called Vick and explained that, in reality, the need was for 350 lawyers. “I got on
the phone and called our local Fulbright office
and set up a war room in a conference room
to start calling for help. We had 350 lawyers
volunteer within four days thereafter.”
Vick said the response was absolutely incredible, especially from San Antonio’s Bar.
So far, 400 lawyers have volunteered (far
more, at least at this time than are needed)
and there are 80 attorneys on a standby list.
Vick is asking for other attorneys to sign up to
be on the waiting list should the need arise.
A CNN reporter called Vick and asked
him if he was surprised, especially based on
the reputation of lawyers, that so many had
signed up to volunteer. Vick stated “It may
have surprised you but it did not surprise me.
Texas lawyers have always been ready and
willing to help children and families in need”.
If you would like to volunteer time,
send money or act as a mentor, contact
Tom Vick at [email protected] (or call
817.596.5533) and give him the following
information: your name, address, telephone, bar card number and a brief description of your qualifications.
Meanwhile, let’s continue to take pride
in the fact that our profession did the right
thing when it was needed.
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Subpoena
18
Newsletter
SABA Merchant Account Program:
Five Fee Tips
Many legal professionals do not like asking for payment or feel uncomfortable discussing fees for their work. Yet, chasing down
delinquent payments is no fun! When this
occurs you or your office staff spend valuable
time, energy and money in the process. To
help simplify billing and reduce collections,
here are five proven tips for collecting fees.
and the disengagement process. Incent your clients to pay promptly by
offering a 10 percent discount if payments are received within 10 days.
4. Avoid late and no-pay pay clients
entirely by including a credit card authorization form with your letter of
engagement. State on the form that
past due balance over 90 days will be
charged to the client’s credit card on
file. Contact the number below for a
sample credit authorization form.
1. Be proactive and communicate. Set
your clients expectations up front. Explain your rates, how time is tracked,
your billing process, and the types
of payment you accept in your firm.
That way there are no surprises!
2. Accept every form of payment:
cash, checks, debit and credit cards.
If a client is ready to pay for your services do not turn them away! Provide
them with every payment option. If
the idea of credit card fees scares you
then lower them with a Law Firm
Merchant Account or consider offering a 10 percent cash discount.
3. Go one step further and explain
what your actions will be if payments are late and when a non-payment situation occurs. Spell out if
you charge interest on late payments
5. Bill regularly, it is an effective form
of communicating your status and
value to your clients. Make sure bills
are straightforward. Always, include
the name of someone whom clients
can contact with their questions. Plus,
include a field for credit card payment.
That way they can pay immediately.
Make it easy to get paid by being upfront
and clearly communicating fees, payment options and your billing process to your clients.
Follow these Five Fee Tips and you will soon
discover how easy it is. If you would like to
learn more about accepting debit and credit
cards in your practice, call 512.366.6974 or
visit http://sanantoniobar.affiniscape.com
Tuscany Centre
• Get ALL your ethics CLE in one place!
• Hear two excellent speakers!
• Leave your office EARLY on a Friday
afternoon!
Please join the SABA Federal Courts
Committee and the San Antonio Federal Bar Association on May 16, 2008,
from 1:30 to 4:30 p.m. at the Adrian
A. Spears Judicial Training Center,
643 E. Durango Blvd.
At 1:30, Tom Watkins from Brown McCarroll LLP in Austin will speak on
“Practicing Law Consistent With the
Rules of Professional Conduct.” At
3:00, Jim Ehler with the State Bar of
Texas will speak on “Practicing Law
Under the Texas Rules of Disciplinary Procedure.” Mr. Ehler’s presentation will include the DVD Practicing
from the Shadows: Depression and the
Legal Profession.
• $30 for SABA or FBA members
• $50 for non-members
• Approved for 3.0 hrs. of Ethics CLE
RSVP to Leslie Hyman at Cox Smith
Matthews at [email protected]
18756 STONE OAK PARKWAY
• Located on Stone Oak Parkway & Tuscany Stone, with easy access
to Loop 1604
• Class A Office Bldg For Lease in Stone Oak
• Space available
— Lobby Presence 4,191 SF
— 2nd Floor 20,000 SF
• Modified Gross Lease
• Five year lease
Pre Leasing
ETHICS CLE
CONTACT NICK RISPOLI
(210) 483-6250
www.cbcworldwide.com
Subpoena
19
Newsletter
Briefly
❑ After seven years as a Labor and Employment Attorney with Bracewell & Giuliani LLP,
Mary Ann Hisel is pleased to announce the
opening of her own labor and employment litigation boutique - Hisel Law PLLC. Ms. Hisel
concentrates her practice on providing firstclass and cost effective labor and employment
business counsel to San Antonio and South
Texas businesses and governmental entities.
Specifically, Hisel Law helps employers and
business owners maintain their workplace
productivity, avoid litigation, and engage in
preventative and best practices strategies to
enhance their bottom line. For the past three
years (2006-2008), Ms. Hisel has been named
by her peers as a Texas Rising Star in Labor
and Employment. Ms. Hisel is a member of
the San Antonio Bar Association, the American
Bar Association, the State Bar of Texas School
Law and Labor and Employment Sections, and
the Texas Council of School Attorneys (CSA).
Ms. Hisel is also active in the local community
as a member of the National Association of
Women Business Owners (NAWBO), the San
Antonio Human Resources Management Association (SAHRMA), the San Antonio Greater
and North Chambers of Commerce, serves as
a member of the NW Area Business Council,
is a Leadership San Antonio Graduate (20022003), and is a Paul Harris fellow in the Stone
Oak Rotary Club. Ms. Hisel received her B.A.
degree from Texas A&M University and her
J.D. from St. Mary’s University School of Law
where she served as an editor for The Scholar:
St. Mary’s Law Review on Minority Issues.
❑ Shannon B. Schmoyer and Christine
E. Reinhard are pleased to announce the
opening of their new law firm, Schmoyer
Reinhard LLP. Schmoyer Reinhard LLP
will focus on advising and representing employers throughout the Southwest on labor
and employment law issues. Ms. Schmoyer
and Ms. Reinhard are both Board Certified in Labor and Employment Law by the
Texas Board of Legal Specialization. Ms.
Schmoyer was formerly a Partner and Head
of the San Antonio Labor and Employment
Law Section of Akin Gump Strauss Hauer
& Feld LLP, and Ms. Reinhard was formerly
a Counsel in Akin Gump’s San Antonio La-
bor and Employment Law Section. Justin
Sobey and Jason Pirruccello, also formerly
with Akin Gump, have joined Schmoyer Reinhard LLP as Associates. Catalina Zarate
has joined the firm as its Office Manager &
Senior Paralegal, and Melissa Urquidez has
joined the firm as a Legal Secretary.
❑ The Jackson Walker law firm is pleased to
announce two new attorneys in its San Antonio office: Shelly Moreno and Elena Villaseñor. Michelle “Shelly” C. Moreno is an associate in the Business Transactions section of
Jackson Walker. She assists clients with corporate and real estate matters, including mergers
and acquisitions, corporate finance, incentive
plans for employees, preparation and negotiation of commercial leases, and the purchase
and sale of commercial real estate. Ms. Moreno
received her B.A. degree in Economics from St.
Mary’s University of San Antonio. She received
her J.D. degree, with honors, from The University of Texas School of Law, where she was a
Member of Phi Delta Phi Honor Society. Elena
P. Villaseñor is an associate in the Litigation
and International Sections of Jackson Walker.
Ms. Villaseñor’s litigation practice includes
representing clients with commercial disputes,
personal injury actions and professional liability allegations. Ms. Villaseñor assists commercial clients in the avoidance and resolution
of claims such as those involving allegations
of breach of contract, tortious interference of
business, misappropriation of trade secrets,
fraud, violations of consumer protection laws,
and violations of non-compete agreements.
Additionally, as a member of Jackson Walker’s
International Practice Group, Ms. Villaseñor
represents clients in international trade matters, including advising clients on matters related to U.S. Customs laws, U.S. Export Control
regimes and litigation before the International
Trade Commission and the Court of International Trade. Ms. Villaseñor received her B.A.
degree, cum laude, in International Studies
from Boston College, where she participated
in the American University World Capitals
Program in Santiago, Chile (Spring 1998). She
received her J.D. degree from the University of
Southern California Law School.
❑ Tyler Scheuerman, formerly with the law
firm of Uzick, Oncken, Scheuerman & Berger, P.C., is pleased to announce the opening
of the Scheuerman Law Firm, 3123 NW
Loop 410, San Antonio, Texas 78230, (210)
340-3250. He is Board Certified in Personal
Injury Trial Law and has extensive civil trial
and litigation experience in both state and
federal courts. Tyler represents clients in
personal injury, commercial, business and
probate matters. He received his JD from
Baylor University School of Law and has
practiced in San Antonio since 1994.
❑ Joan Kelley Fowler Fiorino, Esq. is now
known as Joan Kelley Fowler Gluys, Esq.
Effective June 1, 2008, the Firm name will
be changed to The Law Offices of Dulske
& Gluys, P.C.
Founders honored at 45th A.A. Semaan Criminal Law Institute
Longtime Institute
co-chairs Robert
Price and John
Convery (front row,
left and right) pose
with the “Founding
Fathers” of the A. A.
Semaan Criminal
Law Institute, who
were honored at
the 45th anniversary of the acclaimed
seminar. Pictured
in the back row, left
to right: Anthony
Nicholas, Roy Barerra, Sr., Harry Nast,
Charlie Butts and
former Justice Shirley
Butts. Not pictured:
Samuel Biery and
Hon. James Barlow. Photo by Jimmy Allison
Subpoena
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Newsletter
Congratulations
Save the Date
San Antonio Young Lawyers
Foundation
Annual
Golf
Annual Golf
Tournament
Tournament
and BBQ
and
BBQ
&
WELCOME
to NEW members of the
San Antonio BarAssociation!
Benefiting the SAYLF
and Big Brothers/Big Sisters
June 20, 2008
Canyon Springs Golf Club
For More Information
Contact Ben Cooke at
[email protected]
or David Denton at
[email protected]
Cynthia Winn Allan
Katherine Noelle Argabright
Michael F. Barry
Christopher M. Blanton
Izabela M. Chabinska
John C. Chunn
John G. George
Jackey (Jack) D. Nichols
Robert Ramirez
Susan G. Simmons
Sonja D. Sims
Audrey Zamora
Veronica Madrid Zertuche
The St. Mary’s University
Hispanic Law Alumni
Association
cordially invites you to the
14th Annual
Henry B. Gonzalez
Awards Dinner
honoring
Congressman
Charles A. Gonzalez
May 10, 2008
Marriott Plaza Hotel
555 S. Alamo
For table sponsorship information,
please contact Catherine Casiano
P.O. Box 5361
San Antonio, Texas 78201
210.912.1519
Customized Mediation
and Trial Presentations
All Equipment and On-Site Support Included
INJECT A NEW DYNAMIC INTO YOUR ARGUMENT...
GUIDE YOUR AUDIENCE...
LET THE POWER OF VISUALIZATION TAKE OVER
LICENSED BY TRIAL DIRECTOR
NO CASE TOO SMALL OR TOO LARGE
Martha Briones-Barnes
[email protected]
Tel. 210-386-5467
Fax. 1-866-308-4273
www.brionesol.com
14 years of technology and legal experience combined.
OFFICE SPACE
OFFICE SPACE
SERVICES
VIRTUAL OFFICE SPACE AVAILABLE
Includes address for receiving mail, receptionist,
conference room. Fax and copying services also
available. Call Kathy Hoffman at 884-1375.
OFFICE SPACE FOR LEASE
Approx 750 sq. ft., covered parking, wet bar,
security system, conference room N/C/ 281 and
Bitters • $1,200/mo. min 2-year lease • 494-7712
3 BEAUTIFUL, INEXPENSIVE OFFICES
Historic building, just renovated; furnished,
month to month available: $400-$650; conference
room, kitchen, handicapped access, gated parking, copier, fax and Internet. Great visibility. Two
minutes from Courthouse. 639-5319
TWO SPACIOUS OFFICES FOR RENT
in the historic downtown building at 408 Dwyer
Ave. Rent includes a conference room, kitchen,
alarm system, free tenant parking, internet
service and cable. Perfect for attorneys. Contact
Carla Morrison at 391-6564.
THE SPENCE INVESTIGATION GROUP
covers San Antonio, South Texas, and Mexico
offering all traditional services as well as
automotive “black box” downloads.
Website www.spenceinvestigationgroup.com
Phone 800-804-1958.
OFFICE SPACE AVAILABLE 281 & Jones Maltsberger
One large office with a spectacular view, free
private secretarial office with space for files, 2
conference rooms, breakroom, covered parking,
telephones w/voice mail, DSL hookup available,
Westlaw, bilingual receptionist. Contact Jeffrey C.
Anderson - 210/340-8880 or jca@texaslawfirm.com
ONE PARK TEN - OFFICE SPACE AVAILABLE
for Sublease; Westlaw, DSL, free parking, receptionist and secretarial services available; near intersection of Loop 410 and I-H 10 on North Side. Contact
Oscar H. Villarreal at 228-0871 or [email protected].
BEAUTIFUL, AFFORDABLE OFFICES.
Close to downtown. Call Ernest Karam at
857-8970 or Kathy Hoffman at 884-1375.
BARNES’ INVESTIGATIONS, INC.
Video surveillance; fraud, death; missing
persons; aviation; court records, process serving.
434 Pershing Ave., San Antonio, TX 78209
Tel. 210.824.6300 or 1.800.928.7474
www.barnesinvestigations.com
LA VILLITA/KING WILLIAM AREA.
Directly behind the Marriott Plaza San Antonio.
Large Victorian house. Space for two lawyers, sec
space and conf. room. Receptionist, law library
and telephone system furnished. Within three blocks
of the county and federal courthouses. 405 S. Presa
- Robert Price 227-5311.
THE NAYLOR HOUSE, offices of distinction,
space available. Call Ernest Karam 735-9911 or
e-mail [email protected].
DOWNTOWN HISTORIC BUILDING
at 320 Lexington Ave. office space available for an
attorney: 140 sq. ft. room with built-in file cabinets
and windows. Use of conference room, copier,
fax and reception area, as well as parking space.
Dedicated phone line available. Cost per month:
$400.00 For more information, please call Darby
Riley at 225-7236, Ext. 13.
17TH FLOOR DOWNTOWN (Riverview Tower)
3-window offices and secretarial area, All or part
available. Share first class suite with experienced
lawyers. Across Main Plaza from County Courthouse.
Includes: receptionist, multiple conference rooms,
copier, fax, telephone system, and kitchen. Other
amenities available. Call Robert Kahn; 225-6600.
SERVICES
CIVIL APPEALS LITIGATION SUPPORT
Do you need a “law” lawyer to assist with the
preparation/defense of your case? Experienced attorney handles all aspects of appellate
process, from error preservation and charge
conferences, to briefing and argument. Dispositive motions written and argued. Appellate
Mediation. References available. Call Jeff Small
@ 210.496.0611 or [email protected].
CRIMINAL AND CIVIL INVESTIGATIONS
Expert witness testimony in Premise Liability
cases alleging inadequate security • Expert
witness testimony in cases alleging excessive
use of force by police • Thirty-two years law
enforcement experience
Contact Gilbert Sandoval @ 210-521-5589
PEDEN INVESTIGATIONS
Investigations by former FBI agents-throughout the
US; surveillance, locating and interviewing witnesses, criminal history, insurance fraud, background
information, security analysis, computer database
searches, still and video photography. 210-491-9567;
www.pedenpi.com; email: [email protected].
Jeff Small
Law Office of
Appeals Briefed/Argued
Error Preservation
Dispositive Motions
Original Proceedings
Jury Charges
Research
Flexible Arrangements
(Hourly, Contingency, Flat Fee)
Not certified by the Texas Board of Legal Specialization
Civil Appeals
Litigation Support
Appellate Mediation
210.496.0611
[email protected]
f: 210.579.1399
RECORD TIME Retrieval & Investigations
Process Service, Survaillance, Skip Trace,
Court Records, Background Checks
We do it in record time 210-490-2868
MEDIATION SERVICES
JERRY KING - MEDIATION SERVICES
TMCA Credentialed
Jerry King Law Office
P.O. Box 591111 San Antonio, Texas 78280
Tel: (210) 497-8046
Contract - Family - Real Estate - Consumer Landlord/Tenant - Probate - Insurance - Business
Visit website for details, fees, calendar:
www.jkinglaw.com
HILL COUNTRY ADR CENTER
non-profit provides mediation services for cases
within Bandera, Gillespie, Kendall, Kerr, Kimble,
Mason, McCulloch and Menard counties.
Kerrville offices available for depositions.
Phone 888-292-1502 or 830-792-5000.
Fax 830-792-6220. Email [email protected].
Visit our website at www.hillcountryadrc.com.
Joel H. Pullen - MEDIATOR
Pulman, Cappuccio & Pullen, LLP
2161 NW Military Hwy., Suite 400
San Antonio, Texas 78213
210.222.9494 • 210.892.1610
MICHAEL CURRY, Atty-Mediator
AAM Certified
211 East 7th St., Ste. 920
Austin, TX 78701
512-474-5573
Full-time mediator since 1994
Email: [email protected]
Website with calendar: www.mcmediate.com
No travel charges for San Antonio mediations.
EMPLOYMENT
ATTORNEY NEEDED:
3 plus years of litigation. First chair trial experience. Prefer background in employment law.
Please reply to Box holder 25, 100 Dolorosa, Suite
500, San Antonio, TX 78205.
Discover the easiest way to
reach the local bar - call to place
YOUR ad today! 210.227.8822
Additional payment options coming
soon with the launch of your
new and improved SABAR.ORG!
Subpoena
22
Newsletter
May calendar
1
THE TRIAL SKILLS SERIES PRESENTS “EVIDENCE: YOU CAN’T WIN IF YOU CAN’T GET IT IN!” 73rd District Courtroom, Hon. Judge Andy Mireles
Presiding, 4th floor, Bexar County Courthouse. 2-4 p.m. Speakers: Cheryl Wilson of Wilson & Pennypacker, Rob Ramsey of Langley & Banack.
CLE: 2.0 hrs. Cost: FREE to members of the Judiciary & to members of SABA; $25 nonmembers. RSVP (attendance only): 210.227.8822 x99.
6
BCWBA MONTHLY LUNCHEON. Club Giraud (707 N. St. Mary’s). Noon. Cost: $20. Speaker/topic; T.B.A. RSVP: 210.281.7217;
www.bexarcountywomensbar.org
SAN ANTONIO FAMILY LAWYERS ASSOCIATION MONTHLY MEETING. Plaza Club (Frost Bank Building). Noon. Speaker/topic: Dr. Harvey MacFerenstein. “Drug and Alcohol Testing in the Bexar County Civil Courts.” MCLE: 1.0 hr. RSVP 210.226.6621.
7
8
BCWBF & SABF WILLS CLINIC TRAINING CLE. SABA offices. Noon - 1 p.m. MCLE: Info: 210.227.8822 x25.
SABA NATURAL RESOURCES SECTION MONTHLY MEETING. The Petroleum Club. Noon. Speaker/topic: Richard Butler. “Trying Refinery Fire/Explosion Lawsuits.” MCLE: 0.75 hrs. Cost: $17. RSVP: 210.978.7460; [email protected]
SABA APPELLATE PRACTICE SECTION MONTHLY LUNCHEON. Club Giraud. Noon. Speaker/topic: Kurt Kuhn. Cost: $20 members/$22 nonmembers/$25 no RSVP. MCLE: 1.0 hr. RSVP: [email protected]; 210.299.0288.
9
LAW DAY U.S.A. LUNCHEON. San Fernando Cathedral AT&T Community Center (231 W. Commerce). 11:30 a.m. Speaker/topic:
Barry Scheck. CLE: 1.0 hr. INFO: 210.227.8822.
FEDERAL COURT PRACTICE SEMINAR. Adrian A. Spears Federal Judicial Training Center (643 East Durango Blvd.) 8 a.m. - 3 p.m.
CLE: 5.0 hrs.; 1.0 hr. ethics. INFO/RSVP: www.fedbarsatx.org
SABA INTERNATIONAL LAW SECTION MEETING. The Plaza Club. Noon. Speaker/topic: T.B.A. MCLE: 1.0 hr. Cost: $15/$18. RSVP:
210.244.0209; [email protected]
10
12
13
THE ST. MARY’S UNIVERSITY HISPANIC LAW ALUMNI ASSOCIATION 14TH ANNUAL HENRY B. GONZALEZ AWARDS DINNER HONORING CONCHARLES A. GONZALEZ. Marriott Plaza Hotel (555 S. Alamo). 6 p.m. cocktails; 7 p.m. dinner. INFO: 210.912.1519.
GRESSMAN
DEADLINE FOR SUBMISSIONS TO THE JUNE SUBPOENA. INFO: [email protected]; 210.227.8822 x20.
COMMUNITY JUSTICE PROGRAM TRLA CLINIC. Texas RioGrade Legal Aid (1111 N. Main Ave.). 5:30 p.m. Info: 210.227.8822 x24.
THE DEFENSE COUNSEL OF SAN ANTONIO PRESENTS COOKING WITH THE JUDGES. Broadway Central Market (Cooking School on the 2nd floor).
Food & wine served. Speakers/Topics: Hon. Catherine Stone: “Fourth Court Update.” Hon. Janet Littlejohn: “Ethics at the Courthouse.” Hon.
David Berchelmann: “District Court Procedure.” Cost: $50. CLE: 1.0 hrs. (0.25 ethics). RSVP: [email protected]. Limited seating available.
MABA-SA MONTHLY MEMBERSHIP MEETING. Blue Star Brewry (1414 S. Alamo, Ste. 105). 5:30 p.m. INFO: 210.723.2907.
SABA CONSUMER & COMMERICAL LAW SECTION MONTHLY MEETING. The Plaza Club. Noon. RSVP: 210.733.6235.
MABA-SA MONTHLY MEMBERSHIP MEETING. Blue Star Brewry (1414 S. Alamo, Ste. 105). 5:30 p.m. INFO: 210.723.2907.
SABA CONSUMER & COMMERICAL LAW SECTION MONTHLY MEETING. The Plaza Club. Noon. RSVP: 210.733.6235.
14
BCWBF & SABF SPONSORED WILLS CLINIC. St. Mary’s Center for Legal & Social Justice (2507 NW 36th St.) 5:30 - 7:30 p.m. Info:
210.227.8822 x25.
FBA MONTHLY LUNCHEON MEETING. Quarry Golf Club (444 E. Basse Road). 11:45 a.m. Speaker/topic: U.S. Army Reservist and
Military Judge Colonel Julie Hasdorff. “Implementing Military Justice in Iraq.” Cost: $18. MCLE: 0.75 hrs. RSVP: 210.367.6348;
www.fedbarsatx.org; [email protected]
Subpoena
23
Newsletter
14
FEDERAL COURTS COMMITTEE SEMI-ANNUAL DINNER WITH THE JUDGES. Club Giraud (707 N. St. Mary’s). 6 p.m. RSVP:
[email protected]; 210.299.3510.
SABA CONSTRUCTION LAW SECTION. The Plaza Club. 11:45 a.m. Speaker/topic: T.B.A. RSVP: 210.495.6789.
BCWBF & SABF SPONSORED WILLS CLINIC. St. Mary’s Center for Legal & Social Justice (2507 NW 36th St.) 5:30 - 7:30 p.m. Info:
210.227.8822 x25.
SABA CONSTRUCTION LAW SECTION. The Plaza Club. 11:45 a.m. Speaker/topic: T.B.A. RSVP: 210.495.6789.
15
SAN ANTONIO TRIAL LAWYERS ASSOCIATION. The Palm. Noon. Open to members and invited guests. Speaker/topic: T.B.A. RSVP:
[email protected]; 210.224.1054.
ASSOCIATION OF LEGAL ADMINISTRATORS -ALAMO CHAPTER MONTHLY MEETING. The Plaza Club. 11:45 AM. Open to members and
invited guests. INFO: [email protected]
16
SABA ENVIRONMENTAL LAW SECTION, MONTHLY MEETING. SAWS Cafeteria. 7:30 – 9 a.m. MCLE : requested. RSVP: 210.299.3704.
SABA FEDERAL COURTS COMMITTEE AND SAN ANTONIO FEDERAL BAR ASSOCIATION CLE. Adrian A. Spears Judicial Training Center
(643 E. Durango Blvd.) 1:30 to 4:30 p.m. Speaker/topic: Tom Watkins of Brown McCarroll LLP and Jim Ehler of the State Bar of
Texas. “Practicing Law Consistent With the Rules of Professional Conduct” and “Practicing Law Under the Texas Rules of Disciplinary Procedure.” Cost: $30 for SABA/FBA members; $50 for nonmembers. CLE: 3.0 hrs. RSVP: [email protected]
20
SAN ANTONIO YOUNG LAWYERS ASSOCIATION MONTHLY LUNCHEON. Paesano’s (555 E. Basse Rd.). Noon. Cost: $15/$18. RSVP:
[email protected]; 210.736.6600.
SABA FAMILY LAW SECTION MONTHLY MEETING. The Palm (322 E. Houston). Noon. Speakers/topics: T.B.A. MCLE: 1.0 hr. Cost:
$16/$20. RSVP: 210.822.8818.
COMMUNITY JUSTICE PROGRAM ST. MARY’S CLINIC. Center for Legal & Social Justice (2507 NW 36th St.). 5:30 p.m. Info: 210.227.8822 x24.
SOUTH TEXAS ORGANIZATION OF PARALEGALS, INC. (STOP) MONTHLY LUNCHEON MEETING. Water Street Oyster Bar. Noon-1 p.m. Speaker/
topic: Hon. Xavier Rodriguez. “Judicial Independence Issues.” Cost: $17/$20. MCLE: 1.0 hr. INFO: www.southtexasparalegals.org.
22
THE FOURTH COURT OF APPEALS & THE SAN ANTONIO BAR ASSOCIATION SPONSORED MEMORIAL SERVICE FOR LES MENDELSOHN AND ELDRIDGE
DICKINSON “DICK” RYMAN. Fourth Court of Appeals, 3rd floor of the Cadena-Reeves Justice Center. 2 p.m. INFO: 210.335.3855.
LAST CHANCE VIDEOS: ADV. MEDICAL MALPRACTICE 2008 (PART I). Bexar County Courthouse, 5th floor. 8:30 a.m. Cost: $75 member/$100 nonmember (per day). MCLE: 6.75 hrs., 1.0 hr. ethics. RSVP: 210.227.8822 x99.
23
LAST CHANCE VIDEOS: ADV. MEDICAL MALPRACTICE 2008 (PART II). Bexar County Courthouse, 5th floor. 8:30 a.m. Cost: $75 member/$100 nonmember (per day). MCLE: 6.75 hrs., 1.0 hr. ethics. RSVP: 210 .227.8822 x99.
26
COURTHOUSE CLOSED IN OBSERVANCE OF MEMORIAL DAY.
NATIONAL EMPLOYMENT LAWYERS ASSOCIATION MONTHLY MEETING. The Plaza Club. Noon. Cost: $15. RSVP: 210.223.1123.
YOUR BRAIN AND THE LAW: NEW FRONTIERS IN JUSTICE & PERSONAL RESPONSIBILITY, SPONSORED BY THE MIND SCIENCE FOUNDAION. The
Pearl Stables (312 Pearl Parkway). Reception 5:30 p.m.; Lecture 6:30 p.m. Speaker/topic: David Eagleman, PhD. “Your Brain
and the Law: The Brave New World of Neurolaw.” Cost: $15 general; $5 senior/student/military; Mind Science members FREE.
CLE: 1.5 hrs. INFO: [email protected]; 210.821.6094.
27
28
SAN ANTONIO BANKRUPTCY BAR ASSOCIATION MONTHLY MEETING. San Antonio Country Club. 5:30. RSVP: 210.342.3121.
SABA ETHICS SEMINAR (VIDEOTAPED). Bexar County Courthouse, 5th floor. 2-5 p.m. “A Musical Treat!” MCLE: 3.0 hrs. ethics.
Cost: $45 member/$60 nonmember. RSVP: 210.227.8822 x99.
SALSA MONTHLY MEETING. The Water Street Oyster Bar. 6 p.m. RSVP: [email protected]; 210.829-1938.
30
BANKRUPTCY LITIGATION: WHAT CIVIL LITIGATORS NEED TO KNOW. Plaza Club (Frost Bank Tower). Noon-1:30 p.m. Speaker/topic:
Former Chair and Past President of American Bankruptcy Institute, Deborah Williamson, and former Chair of the State Bar of
Texas Bankruptcy Law Section, Charles Beckham. Cost: $10. INFO: [email protected]