Save the Date: - San Antonio Bar Association

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NEWSLETTER
Official newsletter of the
San Antonio Bar Association
March 2008
Vol. LXXXIII Number 8
in this issue
Fiesta “Briefcase Brigade” wanted
45th annual Criminal Law Institute
Joe Frazier Brown award nominations
Auxiliary 70th Anniversary dinner
SABA helps fulfill Childrens Ct. wishlist
People’s Law School thank you
Wills Clinic 4th anniversary
St. Mary’s Homecoming CLE/reunion
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8
9
11
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18
departments
President’s Message
Briefly announcements
Community Justice Program
Committee Corner
San Antonio Bar Foundation page
Tributes
New Member Welcome
Listings
Calendar
Monthly Luncheon info
www.sabar.org
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4
6
12
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Save the Date:
The 2008
Peacemaker
Awards Gala:
March 29
The San Antonio Bar Foundation invites you to
join them for the annual Peacemaker Awards Gala
on Saturday, March 29, 2008 at the historic Sunset
Station. Cocktails are from 6 until 7 p.m., with dinner, awards presentations and entertainment by the
Court Jesters to follow. The Foundation asks you
to join them for a fabulous meal and music—provided by our very own Court Jesters all-lawyer
band—as they honor the outstanding individuals,
community service entity and school that are recipients of this year’s Peacemaker awards.
The Bar Foundation is excited to honor Marta B.
Pelaez with their 2008 Peacemaker Award. “Most of
our clients wash up on the shores of our shelter broken
and devoid of hope,” says Marta Peláez, President and
CEO of Family Violence Prevention Services, Inc., the
corporation that oversees the shelter’s many programs.
“Our array of programs have been tested by time and
have been proven to work. Every time we save a woman or a child from the cycle of abuse I am reinvigorated
to fight harder,” explains Peláez. After serving five
years as Director of Programs, Peláez was honored
in 2003 when she was chosen to assume the duties of
leading the organization down the trail first blazed by
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Subpoena deadline, 3/10
CJP St. Mary’s clinic, 3/11
Last Chance Videos, 3/13-14
Bexar County holiday, 3/21
Ethics video, 3/26
Monthly luncheon, 3/27
Criminal Law Institute, 3/28-29
SABF Peacemaker Gala, 3/29
Don’t miss the 45th
annual Criminal
Law Institute!
SABA’s highly acclaimed Criminal Law Institute is just around the
corner on March 28-29, 2008. This
Institute represents the 45th anniversary of this CLE program, designed
to provide judges and counsel with
thorough, scholarly presentations
on crucial criminal law issues of
the day. Co-sponsored by the Texas
Criminal Defense Lawyer’s Association, this year’s Institute continues
its long tradition of providing valuable information on topics of interest to both new and experienced
lawyers and judges.
The Criminal Law Institute, in
honor of the late Honorable A.A.
Semaan, will be held at the DoubleTree Hotel, 37 N.E. Loop 410, across
- continued on page 8 -
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President’s Message
Few days pass without encountering another mischaracterization of lawyers. Lack of
balance in the media, with undue emphasis upon
perceived negatives is especially bothersome.
Although constructive criticism has its place, no
profession is more visible to the public or works
harder to timely address legitimate grievances.
Sometimes colleagues call plaintively upon our
leaders to rebut hurtful misinformation, naively
believing that reasoning with people who have already evidenced closed minds could be effective.1
On the other hand, it is an appropriate public service to raise legitimate concerns through informed
and thoroughly researched articles; and cast light
upon ethical controversies existing within the
profession. However, basic decency and fairness
should compel the perpetrator to “set the record
straight” after the true facts are known. Often, the
lack of timeliness alone renders ineffective any
rebuttal of a vitriolic attack. Few would quarrel
with recent thoughtful local coverage of serious
issues affecting clients of lawyers who serve as
bail bondsmen, in cases where they also represent
the defendant. It is an area where legal profes-
sionals who are informed about ethical implications may appropriately publically weigh in to
educate laymen, tell “both sides of the story,” and
thereby work toward improving the system.
Recently Judge Biery gave me his opinion
in Dominguez et al vs. State of Texas et al, SA07-CA-0549-FB. This recent suit was brought by
former U.S. servicemen, deprived of equal access to educational benefits, available from the
State of Texas to veterans. Previously eligibility
had been thwarted because they were not Texas citizens at the time they entered the Armed
Forces, but became naturalized during active
duty service. Reading this compelling, scholarly opinion, even a layperson would appreciate
the iniquities, and merits of sound constitutional
equal protection arguments leading to the inevitable conclusion of an unconstitutional violation
of these veterans’ rights. Ultimately, their request for a preliminary injunction was “moot;”
but the case remains pending until such time as
the THECB, or the Texas Legislature implement
appropriate permanent rules, regulations or
statutes to provide equal protection. The “mootness” occurred because the defendant governmental entities listened to their lawyers and had
already taken decisive and immediate steps to
address this inequity through revised policies
and procedures, once brought to their attention. Texas Attorney General Greg Abbott had
already withdrawn previous narrow interpretations, basically only addressing the existence
of a statutory bar to such veterans’ rights. The
Higher Education Coordinating Board and State
University defendants had already reopened
and was processing applications for such benefits of all applicants who were legal residents
at the time they entered military service, agreeing to continue to do so in the future. In conclusion, Judge Biery complimented counsel:
“This case exemplifies the best of what federal
lawyers do to present constitutional issues to
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Briefly
❑ Barton, Schneider & East, LLP has
changed it’s name to Barton East &
Caldwell, LLP. Ray Schneider has become
Of Counsel to the firm while he serves as
President of EZ’s Restaurants, so the firm
name was changed to include managing partner G. Wade Caldwell in the firm
name. Mr. Caldwell joined the firm in 2006.
In addition, Karla Pascarella has joined the
firm as a partner, continuing her practice
in litigation and international transactions,
while Yelena Seletskaya has joined the firm
as an associate in Commercial Real Estate.
❑ The San Antonio Trial Lawyer’s Associaton (SATLA) is pleased to announce its new
2008 officers: President Glenn Cunningham; President-Elect Sonia Rodriguez, Secretary Drew Richman; Finance Chair Will
Maiberger; Communications Chair Beth
Janicek; Membership Chair Omar Alvarez;
Judicial Relations Chair Wyatt Wright; Legal Education Chair Shalimar Wallis; Public Affairs Chair Robert Rios; and Community Outreach Chair Nelson Skinner.
❑ Murray H. Van Eman, senior associate
at King & Sommer, LLP, received recognition by the San Antonio Business Journal as
one of the “40 Under Forty” award winners.
Murray was honored both for his civic involvement and leadership and for excellence in his chosen field. He is currently
serving his second term as Chair of the City
of San Antonio Planning Commission and
has been a member of that Commission
since 2002. He is Treasurer of the San Antonio Young Lawyers Association and also is
Chair of the San Antonio Bar Association’s
Real Estate Section. After donating one of
his kidneys in June 2005 to his brother who
had advanced kidney disease, Murray became an advocate for kidney donors and
was asked to join the board of directors of
the National Kidney Foundation South Central Texas, and continues to serve on that
board. In 2006 he was awarded Volunteer
of the Year award by the National Kidney
Foundation South Central Texas. Mr. Van
Eman is a graduate of the 2004-2005 class
of Leadership San Antonio, a leadership de-
velopment and community service program
jointly sponsored by the Greater San Antonio Chamber of Commerce and the San Antonio Hispanic Chamber of Commerce. Mr.
Eman received a B.S. degree from Texas
A&M University, and a J.D. Degree from St.
Mary’s University School of Law. His practice focuses on real estate, finance, general
corporate matters, business transactions,
campaign finance and lobby law compliance. He is licensed to practice law in Texas
and the District of Columbia. He may be
reached at [email protected].
❑ Strasburger & Price is excited to announce the addition of Cynthia Ellis Rosen
to the Firm as a member of its litigation
practice. Ms. Rosen represents clients in
business and commercial disputes, contract
disputes and business torts, and professional liability claims. Ms. Rosen is a member of the San Antonio Bar Association, the
American Bar Association and State Bar of
Texas Appellate Section. She served as a
board member of the San Antonio Young
Lawyers Association and has been active
in the Bexar County Women’s Bar Association. Prior to joining Strasburger & Price,
Ms. Rosen spent two years handling Social Security disability claims and appeals.
Prior to that experience, she practiced commercial litigation with a San Antonio-based
law firm for two and a half years. Ms. Rosen
earned a B. A. from the University of Texas
in 1993 and a J.D. from St. Mary’s University School of Law, cum laude, in 2002. She
was licensed to practice in Texas in 2002,
and is admitted to practice before the U.S.
District Courts for the Western, Southern,
and Northern Districts of Texas.
❑ Jackson Walker L.L.P. is pleased to announce the election of four new partners
to their San Antonio office. Mark A. J.
Fassold is a partner in the Litigation section of Jackson Walker. He specializes in
civil trial law including commercial and
environmental law. As lead counsel and/
or primary case manager, Mr. Fassold has
prosecuted or defended numerous lawsuits involving product liability, wrongful
death, enforcement of commercial contract,
fraud, fraudulent inducement, toxic tort,
personal injury, indemnification, contribution, breach of fiduciary duty, malicious
prosecution, conversion, and enforcement
of intellectual property rights. Mr. Fassold
received his B.A. from Texas A&M Uni-
versity at Kingsville, his M.P.P. from Harvard University, and his J.D. from Harvard
University Law School. Margaret Jones
Hopson is a partner in the Regulatory and
Legislative section of Jackson Walker. She
concentrates her practice on international
trade as well as cross-border business with
Mexico, both north and south bound. She
advises clients on compliance with customs and trade laws, NAFTA, and international trade in goods and services, both
import and export. Ms. Hopson’s IP experience includes representing importers in
Customs and Border Protection actions
involving intellectual property rights disputes, including defending seizure matters. Ms. Hopson also assists clients with
commodity classification, C-TPAT enrollment and verification, defending penalty
and liquidated damages actions, designing and implementing import and export
compliance programs and export licensing issues. Ms. Hopson regularly advises
Mexican businesses seeking to do business
in the United States as well as U.S. entities
conducting business in Mexico. Ms. Hopson received her B.S. in Advertising, magna
cum laude, from The University of Texas
at Austin and her J.D., cum laude, from St.
Mary’s University School of Law, where
she was a member of The John M. Harlan
Honor Society. Karen A. Monsen practices
commercial and employment litigation at
Jackson Walker, having represented clients
across the country in state forums, in federal court, and in international arbitration.
Ms. Monsen specializes in cases in which
employment and intellectual property issues overlap, as well as large national and
international commercial litigation involving mass electronic discovery. In the international arena, Ms. Monsen has developed
a specialty in advising clients and litigating issues involving the United Nations
Convention on Contracts for the International Sale of Goods, the uniform international sales law of countries that account
for two-thirds of all world trade. She has
advised clients negotiating contracts with
companies in Mexico, China, England,
and Pakistan. Ms. Monsen received her
B.A., with honors, from The University of
Texas at Austin and her J.D. from The University of Texas School of Law where she
received the Dean’s Award for Copyright
Law. Marcello E. Tamez is a member of
the International, Corporate & Securities
and Real Estate practice groups of Jackson
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WANTED:
“Briefcase Brigade” to perform at the King William Fair Parade!
The Brigade will consist of sharply dressed, hip execs (real or faux, but nevertheless, sartorial), marching in
formation and performing tricks with hard-side briefcases, like a military drill team. Team need not be large in
number to present a visually exciting, patriotic parade entry. Show your patriotism in a truly creative way!
Through money earned at the King William Fair (which includes the Parade) the non-profit King William
Association is able to sponsor and fund numerous scholarships and school programs benefitting local schools and children.
If you or anyone you know might be interested in taking part in this exciting opportunity, visit
www.kwfair.org/parade/indexparticipant.htm
for complete registration instructions. Application deadline is March 5, 2008.
Walker. Mr. Tamez represents clients in
connection with domestic and international mergers, acquisitions and divestitures;
private equity fund investments; joint venture formation, and has broad experience
serving as U.S. counsel for clients involved
in international and domestic hotel and
resort acquisitions and developments. Mr.
Tamez also has experience in representing foreign private equity funds seeking
to extend their portfolio holdings in U.S.
privately held companies, and has served
as U.S. counsel for clients in transactions
involving acquisitions of targets with assets and operations located throughout the
world. Mr. Tamez received his B.A., Economics, with honors, from The University
of Texas at Austin and his J.D. from The
University of Texas School of Law.
❑ James W. Carter, IV, has become a partner in the firm of Drought, Drought &
Bobbitt, LLP. Mr. Carter is a 1995 graduate of the Texas Tech University and a 1998
graduate of Baylor University School of
Law. His practice is concentrated in the areas of estate and trust litigation, oil and gas
litigation, complex commercial litigation,
real estate litigation, corporate and business law, and personal injury law.
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
TRAFFIC TICKETS
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“Thank You March Volunteers”
TRLA
ST. MARY’S
San Antonio Young
Lawyers Association
Priscilla Camacho
Ben Cooke
Charla Davies
David Evans
Israel Garcia
Polo Gonzalez
Sam Houston
Jennifer Parks
Soledad Valenciano
Mexican-American
Bar Association
Toni Arteaga
Clarissa Benavides
Christa Branch
Alfonso Cabanas
Rudy Castillo
Lisa Gonzales
Andres Gonzalez
Brian Hamner
John Longoria
Cecilia Martaus
Dayla Pepi
Bill Piatt
Diane Rivera
Tina Torres
Debra Verbil
Michelle Weekley
Wayne Wright LLP
Anita Anderson
Maribel Cordova
Don Crook
Grady Dahlberg
Jeret Gutierrez
Jeremy McKey
Tamer Morsi
Roxana Orrell
Debra Paiz
Larry Wasmiller
James Wilson
Volunteer Support Staff
Charlene Carroll
Jennifer Gillespie
Patti Giuliano
Rosalia Ortiz
Mentors
Jay Brandon
Zan Brown
Sue Hall
Members of the Mexican American Bar Association of San Antonio (MABA) and other CJP volunteers gather
together for a group photo at the February clinic at St. Mary’s. MABA has recruited members to participate
in the program for several years, and we are grateful for their continued support and commitment.
San Antonio Bankruptcy
Bar Association
Lewis Buttles
Volunteer Support Staff
Susan Emmerit
Rosie Gonzalez
Norberto Hodges
Mary Peña
Volunteer attorneys grab a bite to eat and review their pro bono case before meeting their client at
the February 12 clinic at the TRLA offices.
Volunteer Prize Drawing
for 2 Tickets to San Antonio Spurs basketball game
Generously donated by
Rosemary Flores
Judge
Karen Pozza
District Clerks
Jessica Bogardus
Connie Gomez
Maria Herrera
Court Reporter
Edna Casanova
Refreshments
Pattie Jefferson, San
Antonio Bar Auxiliary
Members of the San Antonio Young Lawyers Association volunteer to “just take one” pro bono
case at the TRLA clinic on February 12. Connor Davies (standing on chair) is a SAYLA member
in training and may someday follow in his Mom’s, Charla Davies, (right of Connor) footsteps as a
volunteer attorney. Pictured with Justice Phylis Speedlin on the right.
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Pictured left to right: Volunteer attorney Michelle Weekley, Justice Sandee Bryan Marion,
Judge Karen Pozza and volunteer mentor
Genie Wright talk “law” at the St. Mary’s CJP
clinic on February 19, 2008.
“Just Take One”
Clarissa Benavides, current MABA president, shows off her
San Antonio Spurs tickets that she won during a prize drawing
at the clinic. The tickets were generously donated by volunteer court reporter Rosemary Flores. Clarissa was deserving of
the prize for all her work recruiting approximately 20 volunteer attorneys who agreed to take a pro bono case during the
clinic. Thank you Rosemary for the generous donation!
CJP CO-CHAIRS
Judge Karen Pozza &
Justice Phylis Speedlin
CJP COORDINATOR
Suzanne DeWalt
LAD COORDINATOR (TRLA)
Patricia Giuliano
SALSA COORDINATOR (ST. MARY’S)
Mary Peña
WESLEY CLINIC COORDINATOR
Lisa Santos
Above: The law firm of
Wayne Wright LLP had
another strong showing of
volunteer attorneys at the
February 12 clinic. This is
the third year that the law
firm participated in the
Community Justice Program
and we look forward to
working with them in 2009.
Left: SAYLA attorney Ben
Cooke gets started on his
pro bono case and meets
with his client during the
CJP clinic at TRLA.
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 Suzanne
DeWalt @ 210.227.8822 x24
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Don’t miss 45th annual Criminal Law Institute (cont.)
- continued from front page from North Star Mall. Free parking is
available on a space-as-available basis.
Registration for the Institute will begin on
March 28, at 8 a.m., and the Institute will
begin at 8:30 a.m. 11.0 hours of MCLE
credit, including 2.0 hours of ethics credit
have been apporoved. These hours will
also apply towards felony appointment
status in Bexar County for 2008. Credit for
attendance at the San Antonio Criminal
Law Institute may be utilized toward the
total continuing legal education requirements for the certification and recertification of attorneys in criminal law by the
Texas Board of Legal Specialization. The
pre-registration deadline is 5 p.m., March
27, at a cost of $225. Please note that the
fee MUST be received at the San Antonio
Bar Association office no later than 5 p.m.
on the day preceding the Institute in order
to receive the pre-registration discount.
Registration on the day of the event is
$250. The fee includes both written materials and Friday luncheon. Federal, State,
County and Municipal Court Judges, as
well as their staff attorneys/briefing attorneys/law clerks, are entitled to attend
this institute on a complimentary basis.
They will be provided with written materials “at cost” ($125) when attending. This
privilege is not transferable.
Brochures were mailed in early February, and registration forms are available on the San Antonio Bar Association
website (www.sabar.org). For further information call 210.227.8822.
FRIDAY, MARCH 28
HOT NEW TUNES FROM THE SUPREMES
& AROUND THE BLOCK
“Recent Cases to Keep an Eye On”
Gerald H. Goldstein
JUVENILE LAW
“I Want My Lawyer and My Mommy”
Stephanie Stevens
CASES YOU CAN ACTUALLY USE
“Because You Can’t Beat it Out of Them”
Mark Stevens
LUNCH AND ETHICS
“The Founder’s True Intent”
Roy Barrera, Sr., Anthony Nicholas,
Charles Butts, Harry Nast
CROSS-EXAMINING THE CHILD
“Who Told You to Say That?”
Stanley Schneider
VOIR DIRE
“I Really Can’t Be Fair, But I’ll Try”
Robert B. Hirschhorn
th
45
annual
criminal law institute
ETHICS
“8 Ounces of Prevention is Worth?”
Phoebe Smith
STATE RECENT DECISIONS
“Error……..But Harmless”
Justice Steve Hilbig
SATURDAY, MARCH 29
IMMIGRATION ISSUES
“That’s Some Fence, Neighbor”
Lee Teran
FEDERAL DECISIONS
“Just When New Orleans Started to
Look Good Again”
Henry Bemporad
SEARCH & SEIZURE
“Look All Ya Want Officer, I Got Nothin to Hide”
John Carroll
DWI DEFENSE
“Only Police Remember What Happened
2 Years Ago”
Ernest Acevedo III
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R. BARRY BRIN
MEDIATOR
BRIN & BRIN, PC
10999 IH 10 W. Ste 800
San Antonio, TX 78230
210-341-9711
210-341-1854 Fax
[email protected]
www.brinandbrin.com
Nomination call for the 2008
Joe Frazier Brown, Sr. Award of Excellence
Nominations
are now being accepted for the 2008
Joe Frazier Brown,
Sr. Award of Excellence, created in 1994
for the purpose of
recognizing an outstanding lawyer in
the community. The
award was established as a long-term tribute in honor of Joe Frazier Brown, Sr., who had a distinguished career
and also taught and influenced many attorneys
throughout the years. He was the 150th District
Court Judge from 1957 until 1963 and president
of the San Antonio Bar Association from 1964
until 1965. Judge Brown died in 1993.
The award recognizes an attorney (or at-
torneys) who demonstrate service to others,
idealism, intelligence and a high degree of integrity. The award winner will be an outstanding leader who has made important contributions to the legal profession. The first winner
of the award was Solomon Casseb, Jr. in 1994,
and last year’s winner was Jack Pasqual.
The Joe Frazier Brown Award will be presented to the recipient(s) at the annual Law Day
luncheon on Friday May 9, 2008. Names of all
recipients are permanently on display in the
San Antonio Bar Association offices, located on
the 5th floor of the Bexar County Courthouse.
Letters of nomination should be submitted to
the San Antonio Bar Association, Bexar County
Courthouse, Suite 500, 100 Dolorosa, San Antonio, TX 78205. Nominations letters should
be no longer than three pages and will be accepted though Monday, April 7, 2008.
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The Military Law Section of the State Bar of Texas
Utilizing experience in
a wide variety of litigation on both sides of the
docket to assist in dispute resolution. Areas
of Medical Malpractice,
Personal Injury, Commercial Litigation and
Insurance Litigation
The 18th Annual Biennial Institute
on Texas Law for Military Attorneys
• All are invited to attend – you do not have to be a military attorney
• Course covers several practice areas including family law, consumer law,
real estate & probate
• Approx. 9.0 MCLE credits for the low cost of $100 ($115 at the door)
24-25 April 2008 — Fort Sam Houston, Texas
Visit www.militarylawsection.com for more information,
or contact Kay Perry at (210) 287-4348
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- continued from page 3 the Courts of the United States and to preserve
equal justice under law. They have graciously
and correctly done justice by plaintiffs when it
could have prolonged this litigation through
gamesmanship and sharp tactical maneuvers.”
This former San Antonio Bar President occasionally comments about matters of mutual interest
in my column. Accompanying the opinion,
Judge Biery penned this note to me: “Enclosed
is an example of recent vintage of how the legal
profession should work. Good news, of course
doesn’t sell newspapers.” So true.
Keith Kendall was troubled by events recounted in a letter to the editor in the February
Texas Bar Journal. It related a lawyer’s upsetting family experience at his son’s Texas A&M
Engineering College graduation ceremony. The
speaker, Austin Mayor Will Wynn, reportedly
unleashed a diatribe against the legal profession
in his commencement remarks; gratuitously labeling us as “blood-sucking lawyers,” evoking
justifiable outrage and anger of a proud Aggie
father, Don E. Martens of Plano. According to
Wikipedia, Mayor Wynn is an A&M graduate
(Cum Laude in Environmental Design), who did
well in developing commercial real estate, and
founded an investment firm specializing in historic restoration properties. A website bio touts
him for demonstrating leadership when Hurricane Katrina evacuees temporarily came to town;
and he served as a director of the Children’s Museum. Elected as Austin’s 50th mayor in 2003, he
divorced in 2005, and was re-elected in 2006 with
78 percent of the vote. Research did not disclose
if any legal vampire-type draining personally
compelled him to engage in this inappropriate
conduct. Mr. Martens’ response counsels:
“All lawyers need to know the true feelings of their elected representatives toward
the Bar and, given the opportunity, need to
take the time to educate those elected officials
with misguided or misinformed opinions
about the role that lawyers have played in the
creation and preservation of the freedoms we
enjoy under the U. S. and Texas Constitutions,
and the role that lawyers continue to play in
our world today in politics and government
service, the judiciary, the practice of law, and
in public service of many varieties.”
Since no opportunity existed on graduation day for a rejoinder, he urges fellow attorneys to “let Mayor Wynn know what
we think of his remarks,” and relate “the
many ways your own lawyerhood makes a
1
positive contribution to society.”
That is pretty heady stuff for a guy like me.
My initial “knee-jerk” inclination was to fire off
an email to Mayor Will smugly expressing gratitude for living in a (non-weird) city that really
works well; ably led by Phil Hardberger, an esteemed trial attorney and former Appellate Chief
Justice, re-elected in 2007; who is celebrating his
40th wedding anniversary this year (“term limited” out of office all too soon). However, taking a
more mature approach, our response to “lawyer
bashers” may be one of simple example; lawyers “walking the walk” ethically while making
meaningful community contributions.
Like Mayor Wynn, I proudly work as
a non-profit board member (the San Antonio
Council on Alcohol and Drug Abuse, which enters its 50th year of service to our community).
It was originally organized by business leaders
(including lawyers) who saw a need to fulfill a
positive education and prevention mission, presently increasingly directed toward children. All
non-profits must compete for limited resources
in the private sector, and expand their leadership base, at a time when money is tight. In our
prevention field the emphasis in federal and
state funding is primarily for interdiction and
punishment, with fewer assets allocated toward
treatment and rehabilitation, and little remaining
funds for developing positive education strategies. Over 100 non-profit entities are identified
by the United Way in our community, able to
survive in a downward economic trend, only
through generosity of private giving, including
a core philanthropy group, and others willing to
fight for survival with sweat equity. Many local charitable non-profit organizations, with the
help of the United Way, and institutional donors,
are also blessed to receive the pro bono services
of a legion of lawyers, willing to counsel about
the law, and participate actively in varied board
stewardship. Lincoln said: “A lawyer’s time
and advice is his stock in trade.” It has been my
personal observation and experience that “good
lawyership” in this community, involves much
“stock” through generous contributions of unselfish lawyers and law firms, combined with
countless unpublicized good deeds. Lawyer volunteers contribute in faith-based charity work,
hunger and homeless projects, medical and mental health institutions, scouting, peer mediation,
leadership and mentoring, and advancing the
rights of veterans, minorities and the poor. Most
deeds are labors of love, performed willingly,
and without expectation of personal aggrandizement. Pro bono activity locally ongoing within
the profession includes: Law Day activities; the
Community Justice Program; school peer mediation (AIM); the Wills Clinic; Peoples Law School;
Criminal Law Institute; Credit counseling for
High School Seniors; and Women in Law Related Fields Career Day. Currently our charitable
arm, the San Antonio Bar Foundation, is working hard on its successful annual Peacemakers
Gala to honor worthy legal, non-profit and corporate leaders. All have made a positive difference this year, in improving the lives of those
in our community who are less fortunate. This
year, we will honor Carol Weir as “Community
Service Lawyer” with the Carolyn Thurmond
Award; Marta B. Pelaez M.A. President/CEO
of the Family Violence Prevention Services, Inc.
with the Peacemaker award; and Valero Energy
Corporation with the Corporate Community
Service Award. All donations, combined with
proceeds of the event, will ultimately support
the Foundation’s charitable work, and additional bar outreach projects in the future.
This headline in the Express News Business
Section hooked me: “How much will your tax
rebate check be?” According to the article, my
household may benefit from a “couple’s” rebate
check, gratuitously bestowed by an election year
Congress. It is still unclear whether any rebate
largess will extend to a single mother hourly
wage earner, (who may also lose the child credit). Although it was intended as a return of “paid
taxes,” in practicality it now constitutes for some,
an unplanned financial windfall. According to
an Associated Press-IPSOS poll, “just 19% of the
people plan to go out and spend the money; 45%
will use it to pay bills; 32% said they would invest the rebate; and 4% may donate it to charity.”
I do not advocate inundating Mayor Wynn with
“cheap shots,” (even smug, humorous ones) to
provide momentary gratification. However, it
would be a great positive statement as a profession, combined with the myriad (“non-blood
sucking”) public service obligations we routinely shoulder, to use at least part of our rebate for
a charity of choice. In every Subpoena, space is
available to make Bar Foundation contributions
of whatever amount, “in memoriam” or “honoring” other unsung “heroes.” Let’s just challenge Mayor Wynn to match some individual
“rebate” contributions. Conceivably, by “paying
it forward,” or even creating a positive ground
swell, we could boost the predicted 4 percent of
charitable rebate contributions. I would bet that
Mr. Martens wouldn’t mind if we countered
the Mayor’s myopic views by giving quality
donations. Mine is in the mail.
A well established adage, often attributed to Mark Twain, is: “Never argue with people who buy their ink by the barrel.”
Board by Nancy K. Juren; and the University of Texas at San Antonio by David Mattax, in their official capacities as attorneys general, who officially accepted the
constitutional arguments of Plaintiffs’ counsel Marisa Bono, Nina Perales and David G. Hinojosa.
Subpoena
11
Newsletter
Auxiliary 70th Anniversary Dinner and Dance:
“Some Enchanting Evening”
Everyone that missed the 70th Anniversary Dinner Dance in January should still be
kicking themselves. The San Antonio Bar Auxiliary members and their spouses and
guests celebrated in style. And there was even a birthday cake to commemorate our
founding in 1938. Just as we have at each of our events— it was all about having
fun as the photographs can attest. Our thanks go to Javier Oliva who outbid everyone for the Middle Eastern dinner at Richard and Peggy Karam’s home. Our thanks
to them for their generous donation. I understand there may even be a belly dancer,
but more about that later. All the money raised from the auction will go toward
increasing the 2008 scholarship awards to a deserving law student at St. Mary’s and
a paralegal student at San Antonio College.
Allan and Pam DuBois
The next meeting of the SABA will be on Tuesday, March 25 at 11 a.m. We will be
saluting Fiesta with a luncheon at Club Giraud. Mark your calendars now and join
us in saying “VIVA FIESTA.”
Above: Judge Ed Prado and Rudy
Taylor Monsalvo
Left: Giovanni White and Maria Prado
Far left: Cathy Brown, Kay Ingram
and Susan Monsalvo, hostesses,
check in guests.
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Subpoena
12
Newsletter
Committee
Corner
DISTRICT COURTS COMMITTEE
The Committee met at the regular time
and place, February 7, in the old courtroom of
the court of appeals. Seventeen members and
three special guests attended. Gary Hutton reported that Judge Berchelmann will move in
March to the old court room of the court of appeals, while his court room is being restored.
The Commissioner’s Court has authorized an
increase in filing fees so that a Pro Se Center can
be established and probably located in the Bexar
County Law Library. Gary also announced future programs for the Children’s Court and the
Dispute Resolution Center. Thank you, Gary.
Stephen Lazor informed us that the Motion
for Summary Judgments Hearings Subcommittee recently met to exchange ideas with some of
the District Judges. Stephen and Dean Fleming
met with Judges Peden, Saldana and Noll. As a
result of the meeting, there has been a rethinking
of proposals. Stephen will organize a presentation about this topic at an upcoming meeting.
Robin Teague reminded the members that
we will participate in CJP on August 19. Put
this date on your calendar.
James Oliveros answered the call to get more
involved: Watch for his article, to be published in
the March edition of the SA Lawyer. It is about the
paperless system established by the district clerk.
He plans to follow up on the first article with another article after there has been sufficient experience with the system to justify a description of the
use of and solutions to problems with the system.
Robin Teague described the upcoming programs: March 6, Cheryl Wilson and Clarence Bray,
on collaborative law: advantages, disadvantages,
ethical considerations and implications for general civil trial practice; April 3, Lamont Jefferson,
Alistair Dawson and Judge Ken Wise, who are representatives of the State Bar Litigation Section, in
a program arranged by Linda McDonald and Jane
Fritz, which will include a panel discussion on jury
assembly and administration, complex cases, and
jurisdiction and proposed consolidation of courts;
May 1, Judges Peter Sakai and Lori Massey, on the
Children’s Court, to be held in one of the Children’s
Court courtrooms; June 5, Suzanne DeWalt and an-
other representative of Texas Rio Grande Legal
Aid, for a program about the CJP and other pro
bono opportunities in our area (see the email
received February 7 about the Veterans Training Clinic, to be held February 15 at TRGLA
offices); July 3, Malene Labentz-Hough and
Pat Nance, who will present a program about
the Dispute Resolution Center, to be held in
the center; and unscheduled programs, one to
be organized by Stephen Lazor on Motions for
Summary Judgments Hearings, and another
which will involve a discussion by Senator
Wentworth on upcoming legislative bills, including those relating to jury trials.
Then our special guest Judge Larry Noll
made an informative presentation in which
he compared local rules and practice to the
Updated Civil Trial Practice Standards, adopted by the ABA and the Section of Litigation
over a period of years, most recently August
2007. Judge Noll went beyond the call of duty
and even prepared a chart which he used in
discussing the standards and local rules and
practice and in making the comparisons. Our
plan is to publish the chart by a link to be created in the webpage of the Committee, which
SABA executive director Jimmy
Allison with Children’s Court
deputy Margo Almendarez
as you know is part of the website of SABA.
Judge Noll’s presentation led to lively discussions among several of the members, notably
Stephen Lazor and Jeff Akins, and among our
other special guests, Judges Barbara Nellermoe
and Lori Massey. We thank Judges Noll, Nellermoe and Massey for attending the meeting
and making such significant contributions.
After the meeting, Robin Teague received
a call from Victoria Valerga, who is a representative of the SA Family Lawyers Association.
She informs us that the SAFLA is planning to
change the regular meeting day of the Association, which now is also on first Thursdays.
The regular meeting day of the DCC conflicts
with that meeting day. This conflict is unfortunate and unintended. The elimination of the
conflict will hopefully lead the Civil District
Judges to more regularly attend the meetings
of both organizations. Our next meeting will
be on Thursday, March 6, in the old court room
of the court of appeals, unless SABA moves us
to another place during the reconstruction of
Judge Berchelmann’s court room. Please make
your reservations by March 5.
-Robin Teague
With the cash raised from
the Christmas luncheon
toy drive, Jimmy Allison, the San Antonio Bar
Association and Foundation was able to purchase
nearly $400 worth of toys
CDs and DVDs on the
Bexar County Children’s
Court’s “wish list.”
In addition to stocking
the children’s educational/
play room with toys, computers and Internet access
so that children can keep
up with their schoolwork,
the Children’s Courts also
have an ongoing need
for new or gently used
children’s toys and gift
items. Each child who
goes through the court system is also given a gift bag
containing age-appropriate toys, snacks and books.
The Children’s Court can
also use gently used clothing for children of all ages.
Subpoena
14
Newsletter
Thank You
The San Antonio
Bar Foundation
- continued from front page -
women and men dedicated to dealing proactively with domestic violence in our community.
And this experience has led to proven results according to Peláez, “After 30 years we’ve reached
a conclusion that can’t be debated: If we don’t
do anything for the children that are victims of
domestic violence, we are passively contributing
to creating the next generation of victims and
abusers.” The shelter under Peláez’s leadership
has also continued to add to services for perhaps
the most voiceless victims in domestic violence
situations: the children. Indeed, according to
Peláez, a full sixty-six percent of the people
they serve are the children who live in battered
households. It was this reality on the ground
that led Peláez to suggest that the Board of Directors formally the change the shelter’s name
from “The Battered Women’s Shelter” to “The
Battered Women & Children’s Shelter.” Perhaps most significant to our local legal community, Peláez has developed and implemented the
shelter’s Court Liaison program. Through this
program, local judges are given a resource that
provides legal advocacy in domestic violence
cases, which often includes addressing issues of
substance abuse and taking affected individuals
out of the violent situation immediately.
Carol Herring Weir was selected by the
Bar Foundation to receive the attorney award,
which this year is being renamed for the Foundation’s beloved late Executive Administrator,
Carolyn Thurmond. This year marks a quartercentury of Weir’s tireless efforts to give voice
to the victims of child abuse in our community.
While most lawyers are in the middle of their
careers by the time they turn 40, this was the
age that Weir graduated from St. Mary’s University School of Law in 1983. Weir wasted no
time catching up for lost time. By her first anniversary of passing the bar exam, she had already begun representing abused and neglected
children. “Terrific lawyer, dedicated and principled and loving,” wrote local practitioner
Cheryl McMullan, who nominated Weir for this
year’s Thurmond Award. Weir’s career has carried with it enough notorious and noteworthy
cases to shame the brag book of even the most
accomplished trial lawyer. Yet whenever the
spotlight shone on her, she used the occasion to
turn the attention to the underlying tragedy of
abused and neglected children in our community. Though recent reverses in health have kept
Weir from keeping as busy a docket as she has
in years past, she is just as committed as ever to
a professional calling that has exposed her firsthand to the joys and sorrows associated with
representing abused and neglected children.
Valero Energy Corporation has been an
integral part of the community for decades and
the Bar Foundation is proud to recognize the
community service provided by this corporation
and its employees, which has fostered peace here
in San Antonio. Just last year, Valero raised $13
million among its employees for its United Way
campaign, but its commitment to community is
not only expressed in terms of treasure. “Their
donation of time and talent has been incredible
and has resulted in countless families being
served,” writes Stephanie Wiese, Vice President
of Habitat for Humanity of San Antonio. “In
everything they do, their kindness and love of
the community shines through.” In 2006 alone,
the 21,000 employees that make up Valero’s
workforce logged nearly 275,000 hours spent
working for the betterment of our community.
And just as remarkable as the amount of time
spent on community service is the breadth of
the projects in which they were involved. From
their Velo Valero MS-150 cycling team—the largest fundraising team for the past two years—to
volunteering with Meals on Wheels; from letter
writing campaigns to our military to juvenile
justice intervention efforts with at-risk youth;
from sponsoring the San Antonio Young Lawyers Association’s annual Golf Tournament to
hosting their own incredibly successful annual
Valero Texas Open (which just last year raised
$8 million); regardless of the charitable activity,
it is better for Valero’s participation. “Valero is
unmatched in the amount of service given to
2008 Peacemaker
Sponsors!
Community Leader
Cox Smith Matthews Incorporated
Valero Energy Corporation
Bracewell & Giuliani LLP
Gold Sponsor
AT & T
Silver Sponsor
V. H. McNutt Memorial Foundation
BG (Ret) M. Scott Magers
and Thomas J. Smith
Hon. Karen H. Pozza
and Hon. Rebecca Simmons
HEB
Clear Channel
San Antonio Bar Association
St. Mary’s School of Law
and Law Alumni Association
Association of Corporate Counsel
Frost Bank
Fulbright & Jaworski L.L.P. and Laurie Weiss
Langley & Banack, Inc.
Besa Martin
Sue Hall and Angela Moore
Dan Naranjo and Rene Diaz
Oppenheimer, Blend, Harrison & Tate, Inc.
Toyota Engineering, Manufacturing
- North America, Inc.
USAA
Goode Casseb Jones Riklin Choate &
Watson, P.C.
Heard, Robins, Cloud & Lubel, LLP
Family Violence Prevention Services, Inc.
Friends of Peacemaker
Federal Bar Association
San Antonio Federal Credit Union
Charlie Cheever
Emery Lee
Hasdorf & Convery, P.C.
Johnston Anne Whittenburg
Santa Clara Land Company, Ltd.
Snell & Snell
Walsh, Anderson, Brown, Schulze &
Aldridge, P.C.
The Outstanding Recipients for the
2008 Peacemaker Awards
Marta B. Pelaez, M.A.
President/CEO of the Family
Violence Prevention Services, Inc.
Peacemaker Award
Carol Weir
Carolyn Thurmond Award
(for community service by a lawyer)
this community,” explains Nancy Hard, President and CEO of the Family Service Association.
“When children, seniors and families need help,
Valero provided volunteers and resources to
comfort them.” Adds Richard Danysh, a partner
with the law firm of Bracewell & Giuliani, “more
impressive than its growth and financial health
is its outreach to San Antonio.”
William Howard Taft School, NISD
has been selected as the recipient of the 2008
Outstanding School Peer Mediation Program
Award, recognizing its dedication to providing
a high quality, self-sustaining peer mediation
program, which enables students to resolve their
own conflicts without the intervention of school
staff, through the use of students trained as peer
mediators. Located in the Northside Independent School District, Taft began its peer mediation program in the fall of 2000. Dedicated to
the principles of peace and conflict resolution,
the peer mediators have been very successful in
preventing student disagreements from escalating into violence. This success has been noted by
school administrators who have commented on
the tremendous impact peer mediation has had
in creating a peaceful school climate. Thanks
to the introduction of the peer mediation program, “Students talk about their disagreements
with trained student mediators, creating a sense
of trust and compatibility among the student
body.” As one school administrator remarked,
“Their mediations are almost always successful, and they are far more successful than we
as administrators are with mediating between
students.” Taft peer mediators also serve as role
models through their involvement in the Peer
Assisted Leadership Program (PALS). These
peer mediator/PALS give back to the community by acting as mentors and Big Brothers and
Big Sisters to at-risk children in various elementary schools within the Northside Independent
School District. They teach the younger students
the principles of conflict resolution, which has
helped lead to a decrease in discipline issues and
an increase in grade point levels in participating
schools. The mediators also assist with the Taft
High School Freshman Fish Camp, a summer
orientation program for freshman, by not only
Valero Energy Corp.
Corporate Community
Service Award
acting as buddies to the incoming ninth grade
students, but also by providing presentations to
the students and their parents about the many
issues freshman face upon entering high school.
These represent the very BEST in our legal
and public service community, and we ask that
you support the Foundation as we celebrate
their achievements. Proceeds from this event
benefit the Bexar County Dispute Resolution
Center’s Amigos in Mediation (AIM) Program
and support conflict resolution programs and
other charitable and educational programs
of the San Antonio Bar Foundation. Three
sponsorship levels are available: “Community
Leader,” $10,000 table; “Gold,” $5,000 table;
and “Silver,” $2,500 table. Individual tickets
are $150. The Sponsorship Chair is Lee Cusenbary, 210.696.8400; lee.cusenbary@missionpha
rmacal.com. For more information and/or
sponsorship and tickets, please contact Elena
Hutchins, 210.227.8822 x25; [email protected].
The Foundation will also hold a raffle for outstanding prizes throughout the evening.
First given in 1995, the San Antonio Bar
Foundation’s Peacemaker Award recognizes
the efforts of those in our community who are
committed to promoting non-violent means of
dispute resolution. The purpose of the Peacemaker Awards Gala is to
celebrate and honor individuals in our community who, through their
daily contributions to
our justice system, ensure
that individuals have a
means of resolving conflicts without resort to
violence. Finding such
non-violent alternatives
to conflict resolution has
been a key goal of the San
Antonio Bar Foundation
since its founding in 1984.
And the Foundation supports a host of activities
throughout the year to
serve this end. Through
its annual Fall Fun Run,
William Howard Taft
High School, NISD
Peer Mediation Award
the Foundation collects proceeds to benefit the
Police Athletic League. This athletic league
gives off-duty police officers a chance to work
with at-risk youth to discover the value of team
work, observance of rules, safety and respect for
one’s peers and elders. The Foundation is likewise responsible for the annual People’s Law
School, which covers an entire range of issues
including elder law issues, like the preparation and probating of wills, grandparent rights,
and social security. Attorneys also present on
various consumer issues such as popular scams
and frauds that could victimize members of
the community. The Foundation has also been
privileged to work with Bexar County Women’s
Bar Association to coordinate and train volunteer attorneys at the monthly Wills Clinic at the
Saint Mary’s University Center for Legal and
Social Justice. Qualified Bexar County residents
are able to consult with attorneys to have their
wills prepared and other probate documents at
no cost to them. It is estimated that anywhere
from 240 to 260 law income residents receive assistance annually by virtue of the Wills Clinic. It
is through these outreach efforts to the members
of our community at every stage of life that the
Foundation’s goal of supporting educational
and charitable activities is realized.
Don’t miss
San Antonio’s Band of Lawyers
Featured entertainment of
the 2008 Peacemaker Gala
“We want to make sure your band is legal!”
Subpoena
16
Newsletter
SABA Family Law Section
Wayne Wright Lawyers
San Antonio Bar Foundation
St. Mary’s University School of Law
Tributes
A big THANK YOU
to our generous sponsors
In memory of...
Daniel B. Levinson
from Ron Bird
Norris W. Yates, Jr.
...and to ALL who helped
to make the 2008 People’s
Law School a success!
from Richard F. Halter
In honor of...
ALL our great
pro bono lawyers
re-energized by Will Wynn
from Allan K. DuBois
Carol Weir
Back Row: Richard Loza, Elena Hutchins, Ana Novoa (Director and Professor, St. Mary’s University Center for Legal
and Social Justice), Grey Harris (Student Attorney and VP Alternative Dispute Resolution Association), Eric Green (Student Attorney at the Center for Legal and Social Justice), Shaun Brown (Student Attorney and VP Alternative Dispute
Resolution Association) and Jeff Rifleman (Student Attorney and President Alternative Dispute Resolution Association)
Front Row: Chrissy Rodel (Student Attorney at the Center for Legal and Social Justice), Elena Serna (Student Attorney and Secretary Alternative Dispute Resolution Association), Amanda Rivas (Student Attorney at the Center
for Legal and Social Justice) and Guillermo Dekat (Student Attorney at the Center for Legal and Social Justice)
2008 Peacemaker Award winner
from James S. Frost
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Subpoena
17
Newsletter
Happy 4 Anniversary Wills Clinic!!
th
The Bexar County Women’s Bar Foundation and the San Antonio Bar Foundation wish to thank Fulbright & Jaworski L.L.P. and the following individuals for
participating in the Wills Clinic on February 13:
Emilie Baine, Clay Binford, Laura Gabrysch, Kathy Grant, Nancy Kerr, Bob Kraemer, Michael Parker, Steve Peirce, Steve Romero, Bryce Seki, Katherine Tapley, Kaycie Wall, Rosemary Williams, Bryan Wittman, Tina York, Honorable Pamela A. Mathy, Tom Bassler (Attorney Mentor), Arthur Allen, Jim
Anders, Bridgett Clay, Anthony Colton, Kyle Dufour,
Carole Foster, Blair Gates, Jonathan Geserick, Maggie
Hammett, Douglas Huff, Ashley Presson, LaBecca Price,
Mike Scapin, Margaret Schlesinger, Heather Simm, Jessi
Sprague, Alicia Surratt, Kristal Thurmond, Christy
Coats, Jenn Gillespie, Carmen Luna, Cassie Wedding,
Del Gomez, Sandy Gutierrez, Beverly Pizzurro, Shannon Stapp, Anibal Bello, Thomas Bouwman, Anthony
Above: Josie Rodriguez (TRLA) and Patty Kearney (Wills
Linley, Kelly McNamara, Heather Swindell, Isabella
Clinic Coordinator).
White, Sharon Parker, Lloyd Parker, Patty Kearney, Dan
Kearney, Josie Rodriguez and Stephanie Zucco.
Right: Jenn Gillespie (SALSA Coordinator)
Left: Translators
from Lackland
Air Force Base
Right: Tom
Bassler, Hon.
Pamela Mathy,
Stephanie Zucco,
Arthur Allen and
Bob Kraemer
Subpoena
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Newsletter
St. Mary’s University School of Law Homecoming CLE & Reunion
Friday, March 28, 2008
CLE credit pending: 7.5 CLE hours including 5.0 ethics hours available
Drop-Out Nation: The Education Crisis of High School Graduates and the Mis-education of the Poor and People of Color
Cheryl George, Assistant Professor of Law
Session will address the crisis in America’s public schools of the high number of high school drop-outs.
To Whom it May Concern: Title to the Title Opinion and the Duty of the Examiner
Al Leopold, Professor of Law and Peter E. Hosey, Adjunct Professor of Law and Partner, Jackson Walker L.L.P
The various types of real property title opinions, with emphasis upon mineral title opinions, which are in great demand these days, will be discussed. The materials
which must be examined in the preparation of a title opinion will also be described. Of particular interest to the title examiner, is the discussion of the legal duty of the
examiner in the preparation of the title opinion and the standard of care that the attorney owes to the client and any third party for whom the title opinion is written.
American Legal Ethics in an Anxious Age
Michael Ariens, Associate Dean for Evening Studies Program and Professor of Law
The lecture will attempt to explain reasons for the American bar’s attraction to regular revisions of its ethical codes during the last third of the 20th
century. Even though the ABA’s 1908 Canons of Ethics were the product of ethical developments of the 19th century, they remained the bar’s statement
of ethical conduct for lawyers for over 50 years. The Code of Professional Responsibility, adopted in 1969, replaced the Canons. Within a decade, the
Code was attacked as out of date, and by 1983 it was replaced by the Model Rules of Professional Conduct. By the late 1990s, the Model Rules were
the subject of reassessment by the Ethics 2000 Committee of the ABA. The thesis is that modern demands of legal practice, joined by a fracturing of the
community of practitioners, has led lawyers to claims of professionalism based more on rules of conduct than on custom.
Legal Research and “Blawgs”
Mike Martinez Jr., Assistant Professor and Reference Librarian and Paul Miller, Assistant Professor and Electronic Services Librarian
This lecture introduces “blawg”: blogs that focus on law and law related issues. While the gambit runs from everything from gossip (Above the Law
at www.abovethelaw.com) to the profound (The Becker-Posner Blog at www.becker-posner-blog.com), this session will concentrate on demonstrating
how blawgs can help with practice issues. Specifically, exploring blogs that focus on family, plaintiff personal injury and criminal defense – areas of
law practiced by small firm and solo-practitioners and do not have the same access to peers as might be available in different types of forums. Blogs
that deal with specific types of law which allow a lawyer to become aware of current issues in otherwise unfamiliar areas will also be explored.
Immigration Law for the Uninitiated
Robert Shivers, Adjunct Professor and Partner, Shivers and Shivers
A discussion on recent developments in Immigration Law affecting the corporate, criminal and family lawyer.
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Bulldozing Homes to build Shopping Malls: The Chinese Takings Law from a Comparative Perspective
Gary Liu, Assistant Professor of Law
The objective of this session is to bring attention to the social cost associated with the exercise of eminent domain powers. Comparing Chinese takings law with those
in the United States and Singapore, Liu’s research shows that the current takings law in China has actually increased, rather than decreased, transaction costs.
What is the future of state school finance litigation in Texas?
Albert Kauffman, Assistant Professor of Law
This talk will briefly describe the 2005 Texas Supreme Court case which held that the property tax limits in the statute violated the Texas Constitution.
The standards the Texas courts will use in the future to review future school finance plans and the likely responses of the state to the legal framework
created by the Court’s decisions in the school finance area will be discussed.
Attorney Liability to Non-Clients
Vincent Johnson, Professor of Law
Texas is a “strict privity” state, but attorneys can still be liable to nonclients. This session will consider who qualifies as a client and which of the dozen
theories of nonclient liability is viable in Texas. This session will be in DVD format only. (1hour ethics credit)
Professional Family Lawyer - an Oxymoron?
Judge Larry Noll, 408th District Court
Tips on how to take an ox or moron out of practicing Family Law and how to be more professional.
Alumni Luncheon - University Center
Please join us at the Alumni Luncheon where we will recognize the Law Alumni Association’s Distinguished Young Alumnus Glenn A. Hegar, Jr., a 1997 law
school graduate and the youngest member of the Texas Senate. Additionally, we will honor members of the class of 1958 and all alumni from prior years.
Protecting Client Confidences from Unintended Technological Disclosure
Bill Piatt , Ryan Professor of Law
This session will discuss recent developments, including ethics opinions, state and federal legislation of which attorneys should be aware.
Bankruptcy Ethics 101: Selected Issues in a Chapter 11 Filing
Reynaldo Anaya Valencia, Professor of Law
From the initial requirement that a bankruptcy filing be in “good faith,” to the corollary ending requirement that a plan of reorganization be proposed in “good faith,’ ethics
issues predominate throughout a Chapter 11 bankruptcy filing. This session will provide a broad overview of bankruptcy ethics issues in a Chapter 11 reorganization.
The U.S. at War: International Ethical Considerations
Robert Summers, Jr., Professor of Law and Director, LLM Program
This presentation will address Just War Theory as an essential ethical framework for U.S. policymakers in times of war and other types of conflict. Examples of such conflict include U.S. involvement in Afghanistan, Iraq, Iran and North Korea. The ethics of Just War Theory will be discussed in light
of its application with legal doctrines of aggression, self-defense, anticipatory self defense/preemption and preventive war.
Probate Update
Justice Sandee Bryan, 4th Court of Appeals and Judge Polly Jackson Spencer, Probate Court #1
Probate rulings and updates for the non-probate lawyer.
Courtroom Technology in the 21st Century
Dave Schlueter, Hardy Professor of Law and Director of
Advocacy Programs and Hon. John Specia, Retired District
Court Judge
This presentation will provide an overview on using technology
in the courtroom–document cameras, white boards, touch screen
annotations, and laptop computers for litigation software presentations. Participants also will learn some of the basic “do’s and
don’ts” for using technology and how to avoid common problems
encountered in using courtroom technology.
Texas Supreme Court: Update and Trends
L. Wayne Scott, Professor of Law
The most important cases decided by the Texas Supreme Court
during the past year and some thoughts concerning the future
direction of the court will be reviewed in this session.
Dean’s Homecoming Reception - Sarita Kenedy East Law
Library, Law Alumni Room
Interim Dean Charles Cantu and St. Mary’s President Charles Cotrell will honor the Honorable Kika De La Garza, 1952 graduate and
retired U.S. congressman. His portrait will be unveiled. De La Garza
served as Chair of the U.S. House Agriculture Committee. Please join
other alumni, faculty and students for this complimentary fiesta.
Save the Date!
Anatomy of a
Civil Trial XII
Subpoena
20
Newsletter
Photo taken by John Franco
Congratulations
&
WELCOME
to NEW members of the
San Antonio BarAssociation!
FBA San Antonio Chapter President Todd Hedgepeth gives a hearty thanks to former 224th District
Judge and now mediator Rene Diaz at the conclusion of the chapter’s January luncheon. Judge
Diaz’ “Tips on Mediation” was given to a packed house!
Katya Susannah Buck
Robert D. Dabaghian, Jr.
Shan M. Egliskis
Kelly E. Foster
Emily G. Kinney
Brian L. Lewis
Monica E. Munoz
T. Marc Perkins
James (Jim) F. Pigg
Serina Ayn Rivela
Cassandra “Cassie” R. Ross
Mary Rachel Salazar
Hella V. Scheuerman
Matt W. Spahn
James W. Spradling, II
Anthony W. Walluk
Carter Winters
Tracie L. Wright
OFFICE SPACE
★★★ WALKING DISTANCE TO STATE
AND FEDERAL COURTHOUSES ★★★
Historic house at 419 South Presa at Durango. Suitable for one or two attorneys. Offices include receptionist, conference room, phone system, fax, copier,
kitchen facilities, outside garden area and excellent
parking. Call Arden Specia at (210) 849-4121.
VIRTUAL OFFICE SPACE AVAILABLE
Includes address for receiving mail, receptionist,
conference room. Fax and copying services also
available. Call Kathy Hoffman at 884-1375.
OLMOS PARK EXECUTIVE OFFICES.
New construction/ reduced prices. Excellent
location. Receptionist, 3 conference rooms, 2 copier/fax machines, postage meter, secretarial space
available, free parking, phone system, law library,
kitchen and outdoor garden area. Call Craig
White at 930-7700 or Peter Susca at 829-7183.
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].
ESTABLISHED ATTORNEYS have office
space available to share, including receptionist,
phone system, internet, fax/copier, kitchen and
conference room. Free parking. Call Thomas
Stevens or Don Weiss at (210) 223-1604.
NORTH CENTRAL OFFICE TO SHARE
with two established solo practitioners.
Attractive Building located near 410/IH 10.
Amenities Include Phones, DSL, fax, conference
room. Covered parking available.
Please contact Jessica Sanchez at 210-308-9829.
MEDIATION SERVICES
MICHAEL L. HOLLAND
Employment Law Mediation Services
Board Certified Labor and Employment Law
– AV rated
Complete facilities available in our offices
Holland & Holland, LLC
North Frost Center
1250 N. E. Loop 410, Suite 808
San Antonio, Texas 78209
(210) 824-8282 • (210) 824-8585
mholland@hollandfirm.com
www.hollandfirm.com
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.
Flexible Arrangements
(Hourly, Contingency, Flat Fee)
Not certified by the Texas Board of Legal Specialization
RECORD TIME Retrieval & Investigations
Process Service, Survaillance, Skip Trace,
Court Records, Background Checks
We do it in record time 210-490-2868
MEXICAN LAW EXPERT.
Attorney/former law professor testifying since
1997 in U.S. lawsuits involving Mexican law
issues – Mexican claims/defenses; personal
injury; moral damages; forum non conveniens.
Co-author, leading treatise in field. David Lopez
(210) 222-9494 / [email protected].
Jeff Small
Civil Appeals
Litigation Support
Appellate Mediation
210.496.0611
[email protected]
f: 210.579.1399
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].
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].
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
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.
LEGAL RESEARCH AND WRITING:
motions, post-hearing arbitration briefs, appeals.
Admitted to state and federal courts: southern
and western districts; 5th and 10th Circuits. Experienced. References available. Lisa C. Smith.
210-863-7472 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
SERVICES
Law Office of
Appeals Briefed/Argued
Error Preservation
Dispositive Motions
Original Proceedings
Jury Charges
Research
NEED APPELLATE ASSISTANCE?
Experienced Appellate Attorney.
Previously served as a law clerk at federal
and state appellate courts. Flexible payment
arrangements available.
Rebecca A. Copeland
830-625-8026
[email protected]
EMPLOYMENT
CLEMENS & SPENCER, P.C. IS SEEKING
a well qualified associate with litigation
experience. Please mail, fax, or e-mail
responses to Managing Director, Robert J.
Rosenbach, Clemens & Spencer, 112 E. Pecan,
Suite 1300, San Antonio, Texas 78205
fax number 210-227-0732
email: ([email protected])
The San Antonio Bar
Association now accepts
Additional payment
options coming soon with the
launch of your new and improved
SABAR.ORG!
Subpoena
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March calendar
SAN ANTONIO FAMILY LAWYERS ASSOCIATION MONTHLY MEETING. Plaza Club (Frost Bank Building). Noon. MCLE: 1.0
hr. RSVP 210.226.6621.
BCWBA MONTHLY LUNCHEON. St. Mary’s School of Law. Noon. Cost: $20. Speaker/topic; T.B.A. RSVP:
210.281.7217; www.bexarcountywomensbar.org
5
BCWBF & SABF WILLS CLINIC TRAINING CLE. SABA offices. Noon - 1 p.m. MCLE: Info: 210.227.8822 x25.
10
DEADLINE FOR SUBMISSIONS TO THE APRIL SUBPOENA. INFO: [email protected]; 210.227.8822 x20.
11
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.
CHRISTIAN LEGAL SOCIETY EASTER LUNCHEON. Petroleum Club (8620 N. New Braunfels #700). Noon. Speaker/topic: Pastor Dave Saathoff of Bandera Road Community Church (BRCC). Come and enjoy great fellowship and encouragement in an
environment of Christian attorneys! INFO: [email protected]
MABA-SA MONTHLY MEMBERSHIP MEETING. Blue Star Brewry (1414 South Alamo, Ste. 105). 5:30. INFO: 210.723.2907.
SABA CONSUMER & COMMERICAL LAW SECTION MONTHLY MEETING. The Plaza Club. Noon. RSVP: 210.733.6235.
SOUTH TEXAS ORGANIZATION OF PARALEGALS, INC. (STOP) MONTHLY LUNCHEON MEETING. The Quarry Golf Club. Noon-1
p.m. Speaker/topic: Hon. Rene Diaz. “Effective Presentation of Evidence at Trial.” Cost: $17/$20. MCLE: 1.0 hr.
INFO: www.southtexasparalegals.org.
12
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.
FBA MONTHLY LUNCHEON MEETING. Quarry Golf Club (444 E. Basse Road). 11:45 a.m. Speaker/topic: Hon. Edward C. Prado,
U.S. Court of Appeals Judge for the Fifth Circuit; Hon. Ronald B. King, Chief U.S. Bankruptcy Judge for the Western District
of Texas and Hon. Nancy Stein Nowak, Magistrate Judge for the Western District of Texas. “Dos & Don’ts in an Electronic
Case Filing World (CM/ECF).” Cost: $18. MCLE: 0.75 hrs. RSVP: 210.367.6348; www.fedbarsatx.org; [email protected]
13
SABA NATURAL RESOURCES SECTION MONTHLY MEETING. The Petroleum Club. Noon. Speaker/topic: T.B.A. MCLE:
0.75 hrs. Cost: $17. RSVP: 210.978.7460; [email protected]
SABA APPELLATE PRACTICE SECTION MONTHLY LUNCHEON. Club Giraud. Noon. Speaker/topic: Hon. Jennifer Elrod,
United States Court of Appeals Judge for the Fifth Circuit. Cost: $20 members/$22 nonmembers/$25 no RSVP.
MCLE: 1.0 hr. RSVP: [email protected]; 210.299.0288.
LAST CHANCE VIDEOS: ADV. IN-HOUSE COUNSEL COURSE 2007 (PART I). Bexar County Courthouse, 5th floor. 8:30 a.m.
Cost: $75 member/$100 nonmember (per day). MCLE: 7.0 hrs., 1.0 hr. ethics. RSVP: 210.227.8822 x99.
Subpoena
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LAST CHANCE VIDEOS: ADV. IN-HOUSE COUNSEL COURSE 2007 (PART II). Bexar County Courthouse, 5th floor. 8:30 a.m.
Cost: $75 member/$100 nonmember (per day). MCLE: 5.25 hrs., 1.0 hr. ethics. RSVP: 210 .227.8822 x99.
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]
18
SAN ANTONIO YOUNG LAWYERS ASSOCIATION MONTHLY LUNCHEON. Paesano’s (555 E. Basse Rd.). Noon. Cost: $15/$18.
RSVP: [email protected]; 210.736.6600.
20
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]
21
COURTHOUSE CLOSED IN OBSERVANCE OF GOOD FRIDAY.
24
NATIONAL EMPLOYMENT LAWYERS ASSOCIATION MONTHLY MEETING. The Plaza Club. Noon. Cost: $15. RSVP: 210.223.1123.
25
SAN ANTONIO BANKRUPTCY BAR ASSOCIATION MONTHLY MEETING. San Antonio Country Club. 5:30. RSVP: 210.342.3121.
26
SALSA MONTHLY MEETING. The Water Street Oyster Bar. 6:00 p.m. RSVP: [email protected]; 210.829-1938.
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.
27
SABA MONTHLY LUNCHEON MEETING. Plaza Club. Noon. Speaker/topic: Texas Supreme Court
Justice Wallace Jefferson. “TX
Supreme Court Update.” Cost:
$22 members/$25 nonmembers.
RSVP: 210.227.8822 x99.
28
(28-29) 45TH ANNUAL CRIMINAL
LAW INSTITUTE. DoubleTree
Hotel. 8 a.m. - 5 p.m. MCLE:
11.0 hrs.; 2.0 ethics. Cost: $225
preregistration/$250 at the door.
INFO: 210.227.8822
29
SABF PEACEMAKER AWARDS GALA
HONORING MARTA PALAEZ, CAROL
WEIR, VALERO ENERGY CORP. & WILLIAM HOWARD TAFT H.S. Historic
Sunset Station. 6 p.m. cocktails, 7
p.m. dinner. INFO: 210.227.8822
x25; [email protected]
San Antonio Bar Association
Monthly Luncheon
Texas Supreme Court
Justice Wallace Jefferson
Thursday, March 27; Noon
The Plaza Club (The Frost Bank Tower)
$22/$25 includes lunch
and 0.75 hours CLE credit
RSVP 210.227.8822
(No shows may be billed)