Meet 2014-15 Austin Bar Association President, Judge Elisabeth Earle

austin
lawyer
July/August 2014
Volume 23, Number 6
www.AustinBar.org
Features
Meet 2014-15 Austin Bar President................. 1
Celebrating the 2013-14 Bar Year!.................. 6
Board Members Honored at Year End............. 9
Color of Justice Promotes Diversity............... 10
Texas Access to Justice Holds New Summit.... 11
Travis County 2015 Jury Schedule................ 12
LegalLine: Calls from the Classroom............. 21
Departments
Opening Statement....................................... 13
3rd Court of Appeals Update........................ 15
Beyond the Practice...................................... 16
Briefs............................................................ 19
AYLA............................................................ 20
Upcoming Events......................................... 22
Classifieds.................................................... 23
Meet 2014-15 Austin Bar Association
President, Judge Elisabeth Earle
Judge Elisabeth Earle, County Court of
Law #7, began her year as Austin Bar
President on July 1.
What led you to want to become
involved in the Austin Bar and why?
I
began working at the State
Bar of Texas during high
school, answering phones
and stuffing a never-ending amount of
envelopes. This was prior to the Internet
so everything had to be done by hand,
however, the relationships and experiences gave me the desire to pursue the
law as a profession. During law school,
I began participating in local bar activities and serving on several committees
as a law student liaison. Through those
activities, I observed the unique role the Bar can play by improving the delivery
of quality legal representation, building relationships between attorneys, and
improving the public’s understanding of the legal profession. As I began my
legal career, I became more involved in the Austin Young Lawyers Association
and the Austin Bar Association. I believe that what originally attracted me to
become involved with the local bar association are the same reasons I continue
serving and volunteering with both AYLA and the Austin Bar Association today:
continuing education, relationship building, support systems to help my work,
and the invaluable feeling that comes with serving those in need.
What would you tell lawyers who question the importance of local bar activities?
Why did we decide to go to law school and enter the practice of law? And
why did each one of us decide to make Austin our home? We are all extremely
continued on page 4
2
Austin Lawyer July/August 2014
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lawyer
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Austin Bar Association
Judge Elisabeth Earle......... President
Judge Eric Shepperd.......... President-Elect
Leslie Dippel.................... Secretary
Amy Welborn................... Treasurer
Christopher J. Oddo��������� Immediate Past President
Austin Young Lawyers Association
Amanda Arriaga............... President
Chari Kelly....................... President-Elect
Katie Fillmore................... Treasurer
Dave Floyd....................... Secretary
David Courreges............... Immediate Past President
Austin Lawyer
©2014 Austin Bar Association;
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E-mail: [email protected]
Website: www.AustinBar.org
Ph: 512-472-0279 | Fax: 512-473-2720
DeLaine Ward.................. Executive Director
Kat Hinson....................... Managing Editor
Debbie Kelly.................... Director of AYLA
Kennon Wooten............... Editor-in-Chief
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Austin Bar Interviews Incoming President, Judge Elisabeth Earle
continued from cover
blessed to live in a city like Austin, Texas,
and we owe it to our beloved profession
and our neighbors to support one another
in our work. The Austin Bar Association provides the support and the resources for each
of us to give back to a profession that allows
us to call this incredible city home.
What’s your advice to anyone who wants
to get involved with the Austin Bar but is
worried about managing time?
Each of us is juggling a career, family,
friends, finances, etc. Sometimes we just
can’t imagine adding another commitment
to our plate. I share your concern and recognize that we all have important responsibilities, but I also believe that becoming
involved with the Austin Bar, serving on
a committee or volunteering at an event,
will provide such a benefit to you that you
will wish you had become involved earlier.
(From left) Jeff, Avery, Elisabeth, and Alexandra enjoying vacation in Southern California.
I bring my family with me to some of the
Austin Bar’s projects. My daughters deliver
donated food and holiday baskets to families
opportunities to collaborate with Travis County to improve the
in need and my husband has volunteered with the Legal Build
provision of legal services to indigent defendants charged with
project.
criminal offenses, to provide legal services to victims of natural
In addition, remember that it’s not just about managing the
disasters, and to continue our search for a new home for the
time you can give to the bar association. It’s also weighing all
Austin Bar. There’s always something new happening at the Bar.
the incredible member benefits you receive by being a member,
including free CLE programs and some wonderful opportunities
What do you look forward to this year as President of the
to learn about managing finances and a law practice. Finally,
Austin Bar?
becoming involved in the bar association will open networking
I look forward to building on the incredible work of my predeopportunities that can help build your practice and relationcessors who have made the Austin Bar the respected, essential
ships with other attorneys.
organization that it is today.
Don’t worry, get involved. The return far outweighs the
My goals are to use our activities to increase the public’s
investment.
awareness and appreciation of the outstanding contributions
attorneys make in our community. Second, I look forward to
Is there anything in particular that you learned during your
studying the member survey results, and engaging in dialogue
year as president-elect that will help you as president?
with our members, to respond to their changing needs, and to
Be prepared for the unexpected. Last year the Austin Bar had
find ways to deliver the programs and services that are essential
4
Austin Lawyer July/August 2014
to our legal community. Third, I want to promote membership
to more local attorneys by sharing all of the benefits of becoming a member of the Austin Bar, regardless of the type of law
they practice.
The Austin Bar Association provides benefits to all lawyers,
regardless of where they practice or what subject matter is their
focus. I have already mentioned our free CLE programs, the
member benefits programs, and networking with other lawyers
in our community. The most direct benefit, however, is the one
you will feel in the core of your soul when you volunteer at an
Austin Bar or AYLA event. You will see the faces of new families
created on Adoption Day, joy-filled faces of parents receiving
holiday baskets, or the relief on the faces of people who, during
a time of crisis, have received legal help at one of our clinics,
including our Veteran’s Legal Clinic or the great work this organization did when helping victims of the Bastrop fires.
That is how my passion for the Bar began and my involvement volunteering opened my eyes and my heart to what we,
as attorneys in the Austin area, can do to help others who are
less fortunate than ourselves. Of course, we can not provide
the member benefits that I have mentioned without a home. So
I look forward to finding a home for the Austin Bar Association
and making sure we are fiscally responsible as we make our
move.
You are newly married and have two daughters. Do you expect
there to be any challenges juggling your responsibilities as a
judge, being president of the bar, and family life?
I am blessed to have a wonderful, supportive family who understands the importance of giving back to the legal profession
that has given us so much. My husband, Jeff Clark, is Execu-
tive Director of The Wind Coalition where he is an advocate
for clean energy. He is hoping to get involved, and encourage
more of his non-attorney peers to get involved, in the Austin
Lawyers Auxiliary.
My daughters, Alexandra and Avery, are definitely deep into
teenage mode, turning 15 and 12 this summer. If anyone has
any advice for me, please share! Actually, they are both encouraging and supportive as well. They were born after I became
a judge and was already actively involved in the Austin Young
Lawyers and Austin Bar Associations. They’ve only known me
wearing a black robe and have been volunteering with me
since they were big enough to carry a box of groceries.
What do you enjoy most about being a criminal judge?
In my role, I have the privilege of working with prosecutors,
defense attorneys, defendants, and the public to address issues that tear at the heart of our society. We address criminal
behaviors with an eye toward punishing the guilty, and preventing recidivism in the future. More importantly, however, our
courts seek to address the long-term causes of criminal activity.
Whether they are caused by drug and alcohol abuse, or mental
illness, we are working to change behaviors. This has a direct
benefit to the defendant, to society, and to the taxpayer.
I routinely hear, years later, from defendants who have
passed through my court who feel the experience was lifechanging in a positive way. To know that our help and the
community’s help enabled them to change their behavior and
to help them beat their addictions is incredibly gratifying. Those
days and those letters are the ones that I cherish most, knowing that our community is better because of the work we do
together supporting one another. • AL
July/August 2014 Austin Lawyer
5
Celebrating the 2013-14 Bar Year!
T
he end of the Bar year is a time to celebrate and
look back on milestones. The Austin Bar Association
closed the 2013-2014 year on June 30 as former officers and directors handed over their titles and positions to the
incoming board.
Thank you to Immediate Past President Christopher Oddo
for a strong year that was filled with productive projects and
fun activities, including new events and dozens of traditional
programs.
Below are the highlights of the 2013-2014 bar year:
Member Services
Bench Bar Conference – “Bench Bar to the Xtreme” attracted
close to 250 people to the Austin Country Club. The theme
embraced the upcoming XGames, which occurred in Austin in
June.
CLE – Almost 4,800 attorneys earned more than 344 hours of
CLE, including 46.75 hours of ethics.
Judicial Preference Poll – Of the 3,851 eligible Austin Bar voters, 476 (12.4 percent) cast a ballot to choose the most qualified in three local judicial races. Results were released to the
local media, posted on the Austin Bar website, and published in
Austin Lawyer.
Member discounts – Members received discounts on photography, mortgages, business coaching, disability insurance,
personal trainers, ABA Law Practice Management books, and
credit card processing, as well as discounts with Office Depot,
LexisNexis, CLE Online, ESQ Sites, UT Club, and Tiffany & Co.
Member Outreach
Social Media & Website –Within the 2013-2014 Bar year, the
Austin Bar Association saw a 33 percent increase in its “likes”
on Facebook. The LinkedIn page is also growing, with more
than 100 new connections added to the page. It is also estimated that more than 25,000 people visited the Austin Bar’s
website, austinbar.org, in the 2013-2014 Bar year.
This page, clockwise from top left: 2014 Bench Bar committee chairs Judge Tim Sulak, Judge Karen Sage, Karen Burgess, and Drew Harris go to the “Xtreme”;
Diversity Fellows with co-chairs Tony Nelson (far left), Leslie Dippel (far right), and Judge Lora Livingston (seated); Tristan Henderson with his “forever family”
at this year’s Adoption Day; “Wizard of Oz” characters pose with Judge Orlinda Naranjo of the 419th Civil District Court on Adoption Day.
6
Austin Lawyer July/August 2014
Bar Code – The Austin Bar Association launched a new format
of its weekly newsletter in 2013. The new format allows more
photos for Bar Code. It also includes analytics so the Bar Association can track which events and programs are most interesting to members.
Austin Lawyers Assistance Program – Through the Justice Mack
Kidd Fund, ALAP provided financial assistance for counseling
and medical treatment on a short-term basis for Austin lawyers
who suffer from depression or a related illness. Five attorneys
applied and were helped in the 2013-2014 Bar year.
Service to the Profession
Community Service
Mentoring Program – 2013-2014 marked the third year for the
Austin Bar Mentoring Program. Twenty-five new attorneys were
paired with mentors. During the year-long program, participants met for bimonthly CLE with topics including legal writing,
balancing work and family, and integrity in practice and the
courtroom.
Diversity Fellowships – Seven students were selected to participate in the 2014 program, which pairs minority students with
local courts and law firms. The Austin Bar Foundation provides
the $5,000 stipend, which is funded by charitable donations
from participating firms.
Austin Adoption Day – Twenty-nine Austin-area families welcomed 47 children into their homes on November 7, 2013.
“There’s No Place like Home” was the theme, and gray courtrooms were transformed with balloons, stuffed animals, and a
yellow brick road.
Also for the first time in 2013, Adoption Day received
national media coverage on ABC World News Now.
NEW Heart Walk – The Austin Bar Association honored the life
of Austin Bar Member Ross Ehlinger by walking in the 2013
American Heart Association’s Austin Heart Walk. Members
continued on page 8
This page, clockwise from top: Austin Bar participants at the 2013 Heart Walk; AYLA award winners James Nortey II and Lourdes Flores with AYLA President David Courreges at Law Day; (from left) 2014 Law Day Co-chair Rudy Metayer, poster contest winner Celeste Metayer, Chris Oddo, second place Essay Contest winner Grace Gnasigamany, first place Essay Contest winner Alexander Gorden, third place Essay Contest winner Mary Emma Gary, Judge Elisabeth Earle, State Representative Rafael Anchia.
July/August 2014 Austin Lawyer
7
A Look Back at the 2013-2014 Bar Year
continued from page 7
raised close to $15,000 to improve cardiovascular disease
awareness and patient care.
Legal Build – A bi-annual project with Habitat for Humanity,
the Austin Bar completed building a $65,000 house for the
Ruiz family.
Law Day – The theme for the Law Day 2014 was “Why Every
Vote Matters.” In celebration of the nationally recognized day,
poster and essay contests were held for students, with more
than 40 essays and several posters submitted.
People’s Law School – Close to 100 people attended free basic
legal classes taught by Austin lawyers in February 2014. At the
September 2013 event, more than 50 people attended, accessing both English and Spanish classes.
Legal Services for Flood Victims – After heavy rains
flooded out several Central Texas communities in October
NEW
2013, the Austin Bar Association stepped in to provide legal
clinics and call-in help lines for flooding victims. Dozens of
attorneys also volunteered their time to help clean out homes,
sort donated goods and food, and assist people at community
shelters.
Veterans Initiative – Attendance is up at the Austin Bar Association’s monthly clinics at the Austin VA Outpatient clinic.
More than 1,700 veterans attended clinics in the 2013-2014
Bar year. That’s an increase of about 200 veterans from the
year before.
Austin Bar Foundation Gala – The Four Seasons Ballroom
was decked out with posters of local hotspots to go with the
theme “Austin City Lawyers: Going Local with the Bar” at this
year’s 11th annual Gala. The 2014 event raised more than
$80,000 for the Austin Bar Association’s charitable projects.
• AL
From left: The Four Seasons Ballroom was filled with Austin chic as 500 people gathered at the 2014 Foundation Gala; (from left) Austin Bar President
Chris Oddo with Distinguished Lawyer Award honoree Pete Winstead, Austin Bar Foundation Chair Lance Sharp, and Distinguished Lawyer Award honoree
Dave Richards at the Gala. Photos by Carol Smith.
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Board Members Honored at Year-End Reception
I
n late May, board members from the Austin Bar
Association and the Austin Young Lawyers Association came together to celebrate the completion of
the 2013-2014 Bar year. Each outgoing president thanked the
board members for their hard work and recognized several
individuals for their exceptional efforts.
Austin Bar President Christopher J. Oddo presented the
Outstanding Director Award to Shannon Meroney. Judge Karen
Sage, Karen Burgess, and Judge Tim Sulak were honored with
the Outstanding Committee Chairs award for their work on the
2014 Bench Bar Conference.
“I feel unworthy of the recognition,” said Sulak, who added
that the honor is really a tribute to excellent leadership and
membership of the organization as a whole. “The combined
efforts make the Austin Bar Association a significant factor in
the privilege that it is to be a member of the legal profession in
Austin.”
Austin Bar Past President Lance Sharp thanked Oddo for his
leadership and excellent service to the bar during his tenure as
president.
“Chris has had a very successful year and has been great for
this organization,” said Sharp. “His leadership has benefited the
Austin Bar and the people we serve.”
Austin Young Lawyers Association President David Courreges
presented the Outstanding Director Award to Austin Kaplan
and the Outstanding Committee Chair Award to Jorge Padilla, co-chair of the Trial Academy. Mary Ellen King received
the AYLA President’s Award of
Merit, which is presented to a
board member who is consistently active throughout the
year and who eagerly takes on
leadership positions. This year,
King served as co-chair of the
Judicial Reception, Holiday
Baskets, Membership, and
Website committees and participated in several others.
The honor is really a tribute to
excellent leadership and membership
of the organization as a whole.
— Judge Tim Sulak
“I was beyond honored,” said King, who was completely
surprised by the award. “I always dedicated part of my life to
the Bar and community service, with my focus on the reward of
service to others. Receiving the AYLA President’s Award of Merit
from David Courreges this year made that service even more
memorable.”
Incoming AYLA President Amanda Arriaga presented Courreges with a plaque for his service to AYLA and praised Courreges’ leadership and vision.
King added, “David is an inspiring leader, and I have enjoyed working with him.”
The year-end reception is an annual tradition to wrap up the
Bar year and recognize the impressive efforts of the Austin Bar
and AYLA leadership. • AL
Clockwise from top left:
Austin Bar President Christopher
Oddo (right) presented Judge Tim
Sulak (left) and Karen Burgess
(center) with Outstanding
Committee Chair awards for their
leadership in the 2014 Bench Bar
Conference; AYLA President David
Courreges (left) presented Mary
Ellen King with the AYLA President’s
Award of Merit; Austin Kaplan (left)
received the Outstanding Director
Award from President David
Courreges; Christopher Oddo (left)
presented the Outstanding Director
Award to Shannon Meroney.
July/August 2014 Austin Lawyer
9
Color of Justice Event Helps Pave the Way for Diversity
By Judge Orlinda Naranjo, 419th Civil District Court
T
he seventh annual Color of Justice event was held
April 16, 2014, to benefit young minorities in Austin.
Approximately 70 students attended from two different high schools, East Austin College Preparatory and Akins.
As part of the program, University of Texas law student Andrea Meza received a $1,000 scholarship. The Access to Justice
scholarship is given by the National Association of Women
Judges to students who demonstrate a commitment to achieving equality of opportunity and access in the justice system.
Meza became committed to immigration law after attending
undergraduate school in Arizona, where she saw firsthand the
discrimination against undocumented immigrants. The secondyear law student already has a lengthy background, including
recognition from UT as a pro bono scholar for work she has
done with immigration law clinics.
The event also featured two panel discussions with speakers
who shared their personal experiences and backgrounds. While
encouraging students to pursue a career in law, they discussed
the importance of lawyers and judges in our society. The first
panel, “The Color of Justice: Making a Difference,” was led
by several judges, including several who are the first African
American and Latinas on their respective benches. Judges in
attendance included Texas Supreme Court Justice Eva Guzman, Judge Orlinda Naranjo of the 419th Judicial District, Judge
Brenda Kennedy of the 403rd Judicial District, and Judge Carlos
Barrera of the County Court at Law #8. Elizabeth Branch, a
member of the Travis County Women Lawyers’ Association
served as moderator.
Meza served on the second panel, “Law as a Career: Preparing the Way,” alongside several professionals, including Manuel
Escobar with McGinnis Lochridge; Travis County Assistant
District Attorney Gary Cobb; and Assistant Director of Advocacy
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Austin Lawyer July/August 2014
UT Law School Student Andrea Meza (left) receives a scholarship from
Judge Orlinda Naranjo.
Programs at UT Law School, Tracy McCormack. President of
TCWLA Diana Reinhart, who also works as an attorney with
Richardson + Burgess, served as moderator.
NAWJ would like to thank the Travis County Women Lawyers’ Association, the UT School of Law William Wayne Justice
Center for Public Law, and NAWJ District Judge Director
Orlinda Naranjo for helping to put on the Access to Justice
event. NAWJ also thanks sponsoring law firms Baker Botts;
Wilson, Sonsini, Goodrich & Rosati; and Winstead. • AL
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7,000+
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MEMBERS
IN SEPTEMBER
Texas Access to Justice Commission to Hold New Summit
Law Student Leaders Access to Justice Summit Promotes Pro Bono Services
N
early six million low income Texans are in need of
a lawyer, but the state only has enough free legal
resources to help 20-25 percent of them. In an effort
to lessen this problem, the Texas Access to Justice Commission
has plans for a new project this fall. A brand new event, the
Law Student Leaders Access to Justice Summit will be held Oct.
9-10 at the Texas Law Center.
Summit organizers hope to attract up to 10 students from each
law school across the state to this free event. They only ask that
students promise to share what they learn with their peers and
pledge to offer pro bono services to needy Texans in the future.
“There are numerous things that law students can do to
help ease the burden faced by this underserved population,”
said Kristen Levins, who works as a staff attorney with the Texas
Access to Justice Commission. “The student participants will
learn about the ways they can get involved while still in law
school. They will further learn how to be involved once they
begin their practices.”
Summit participants should expect a lot of hands-on work
and demonstrations. An in-depth simulation designed by a
nationally-known consulting firm, Tiela Chalmers, will give
them more insight into what life is like for Texans living in
poverty. The role play simulates a five-week time frame to show
what life is like for families struggling to survive.
“Participants will be divided into ‘families’ ranging in size
from one to five persons. Each group is assigned a different life
scenario, and participants live the life of that family for five weeks,
trying to work and access benefits, buy food, and maintain housing,” explained Levins. “It is a powerful education tool because
the students actively take on the roles of low-income families.”
Besides an interactive simulation, students will also engage
in open round table discussions on what they learn. Experi-
enced lawyers will provide advice on how to get involved in
pro bono projects and internships, while helping the students
develop an official plan of action.
Experienced lawyers will provide
advice on how to get involved in
pro bono projects and internships,
while helping the students develop
an official plan of action.
The Texas Bar Foundation is providing $20,000 to start the
summit. The event meets the foundation’s new project funding
criteria for fostering legal services for the indigent or for victims
and enhancing the administration of justice.
“Since its inception in 1965, the Texas Bar Foundation has
awarded more than $15 million in grants to law-related programs,” said Andrea Stone, executive director of the State Bar
Foundation. “Supported by members of the State Bar of Texas,
the Texas Bar Foundation is the nation’s largest charitably-funded bar foundation.”
Registration for the summit will open this fall. Due to the nature of the summit, only ten students from each school will be
able to attend. Interested students should contact their school
administrators for more information.
Attorney volunteers are also needed to speak and perform
simulation roles during certain presentations. Any Austin Bar
Association members who wish to participate should contact
Levins at [email protected] or 512-427-1895. • AL
July/August 2014 Austin Lawyer
11
2015 Jury Schedule
Travis County Civil District Courts
Warren Vavra
Court Administrator Lora J. Livingston
Local Administrative Judge
January
April
July
February
May
August
November
March
June
September
December
5
Non-Jury
12Jury
19 Non-Jury
26 Jury
6
Jury
13 Non-Jury
20Jury
27 Non-Jury
2
Non-Jury
9Jury
16 Non-Jury
23 Jury
2
9
16
23
30
4Jury
11 Non-Jury
18 Jury
25 Non-Jury
Non-Jury
Non-Jury
Settlement
Jury
Non-Jury
1Jury
8
Non-Jury
15 Jury
22 Non-Jury
29 Non-Jury
Holidays
Jan. 1
Jan. 19
Feb. 16
May 25
July 3
Sept. 7
Nov. 11
Nov. 26-27
Dec. 24-25
New Year’s Day
MLK Day
President’s Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving
Christmas Observance
6
13
20 27
October
Jury
Non-Jury
Jury
Non-Jury
5
Non-Jury
12Jury
19 Non-Jury
26 Jury
3
Non-Jury
10Jury
17 Non-Jury
24 Non-Jury
31 Jury
2
9
16
23
30
7
Non-Jury
14Jury
21 Non-Jury
28 Settlement
Non-Jury
Non-Jury
Jury
Non-Jury
Jury
7
Non-Jury
14Jury
21 Non-Jury
28 Non-Jury
Civil Case Setting Information
To set civil cases online, visit:
civilcourtsonline.org
To obtain information, contact:
Court Administrator’s Office
P.O. Box 1748, Austin, TX 78767
Phone: 512-854-2484
traviscountycourts.org
Regularly scheduled dockets will not occur the weeks of:
March 16 - 20, Settlement Week
September 28 - October 2, Settlement Week
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opening
statement
Shedding Light on Ambiguous Modifiers
How to Handle Squinting, Dangling, and Misplaced Modifiers
By Wayne Schiess, University
of
Texas School
of
Law
T
his column discusses three types of ambiguity that appear in legal writing and suggests ways to avoid them.
The three are squinting modifiers, dangling modifiers,
and misplaced modifiers.
Squinting Modifiers
Also called a “two-way modifier,” a squinting modifier — usually an adverb — is one that could modify either the word or
phrase before it or after it, like this: Filing motions frequently is
tedious. This sentence contains a squinting modifier: frequently.
The writer could be referring to filing frequently or to being
tedious frequently. It’s ambiguous.
Depending on your intended meaning, you could write this:
Frequently filing motions is tedious. (Or perhaps it’s even clearer
this way: Frequent filing of motions is tedious.) Or this: Filing
motions is frequently tedious. Watch for squinting modifiers and
move the modifier to fix the ambiguity.
Dangling Modifiers
A dangling modifier appears in an introductory phrase, but
the noun it refers to or modifies doesn’t immediately follow it.
So the modifying phrase isn’t connected to the noun it modifies and is said to “dangle.” For example: To prevail under the
Whistleblower Act, the Court of Appeals has held a plaintiff
must prove three elements. The introductory phrase, to prevail
under the Whistleblower Act, refers to or modifies someone
or something, but what? By the rules of English syntax, the
introductory modifying phrase refers to the noun that follows it.
Here, that’s Court of Appeals, which makes no sense. Instead, it
should modify plaintiff, which appears later.
To fix the dangling modifier, we can place plaintiff immediately after the introductory, modifying phrase: To prevail under
the Whistleblower Act, a plaintiff must prove three elements,
the Court of Appeals has held. But we have other options, like
this: The Court of Appeals has held that to prevail under the
Whistleblower Act, a plaintiff must prove three elements. The
point is to be sure the noun you intend to modify follows the
introductory, modifying phrase.
Here’s another kind of dangling modifier: Having completed
the research, no answer emerged. Because the introductory
modifying phrase begins with a present participle, having, it’s
called a “dangling participle.” In this sentence, the noun to be
modified isn’t in the wrong place; it’s missing entirely. The noun
to be modified is probably I, the writer, so a possible revision
would place the missing noun immediately after the modifying
phrase: Having completed the research, I found no answer.
Yet the original dangling participle probably resulted from
the writer’s desire to avoid the first-person pronoun. There’s
nothing wrong with I, of course, but in some legal documents,
it might be too personal or informal. Try this: The research produced no clear answer.
Misplaced Modifiers
Sometimes legal writers place modifying prepositional phrases
in places that muddle the meaning: The attorney mentioned
unfounded charges, including bullying, assault, and molestation
in the e-mail. The modifying prepositional phrase in the e-mail
is misplaced, suggesting that molestation occurred in the email. The general rule is to place a modifying a phrase as close
as possible to the thing it modifies. This is better: The attorney
mentioned unfounded charges in the email, including bullying,
assault, and molestation. Or this: In the e-mail, the attorney
mentioned unfounded charges, including bullying, assault,
and molestation. Review your text carefully to eliminate these
sometimes unintentionally humorous ambiguous modifiers.
Misplaced Modifier:
Place a modifying a phrase as close as
possible to the thing it modifies.
Of course, a single word can also be misplaced, and one
commonly misplaced word is only. Misplacing only changes
meaning. Compare The order only modifies the forfeiture remedy with The order modifies only the forfeiture remedy. Careful
writers place only directly before the thing it modifies. • AL
July/August 2014 Austin Lawyer
13
You’re busy looking out for your clients’ needs. Who’s looking out for yours?
Retirement Plans • College Savings Plans • Stocks
Municipal Bonds • Mutual Funds • Financial Planning
SWS Financial Services, Inc.
98 San Jacinto Blvd. | Suite 370 | Austin, TX 78701
(512) 302-6051
[email protected]
MEMBER: FINRA/SIPC, OFFERING GENERAL SECURITIES THROUGH SWS FINANCIAL SERVICES, INC.
14
Austin Lawyer July/August 2014
3rd court of appeals
update
T
he following are
summaries of selected civil opinions issued by the Third Court
of Appeals during May 2014.
The summaries are intended
as an overview; counsel are
cautioned to review the complete opinion. Subsequent
histories are current as of
June 17, 2014.
Health care liability: Attaching wrong report to petition
constitutes “no report.”
Reddy v. Hebner, No. 03-1200675-CV (Tex. App.—Austin
May 2, 2014, no pet. h.).
Plaintiffs served their expert
report with their pre-suit
notice letter. When they filed
their lawsuit, however, plaintiffs attached a report from a
different case. The trial court
denied Dr. Reddy’s motion to
dismiss. The court of appeals
concluded that because the
report did not pertain to Dr.
Reddy, the report constituted
no report and the trial court
had no discretion but to dismiss. The court further concluded that plaintiffs’ pre-suit
service of the correct report
did not satisfy the statute. The
court reversed and remanded
with instructions to award
Reddy attorney’s fees and to
dismiss. The dissent concluded the report was deficient,
but curable, as opposed to
being “no report.”
Trial procedure: Defective
service can be raised for first
time on appeal.
Hoffpauir v. Kretz, No. 03-1300597-CV (Tex. App.—Austin
May 6, 2014, no pet. h.).
Kretzes sued Hoffpauir Inc.
and attempted to serve its
registered agent, Lee Hoffpauir. The return of service
and the green card indicated
the district clerk mailed process to Mr. Hoffpauir with
delivery restricted to addressee only. The green card,
however, was not signed
by Mr. Hoffpauir. Kretzes
obtained a default judgment
and after trial on damages,
a money judgment against
Hoffpauir, Inc. Hoffpauir
Inc. filed a motion for new
trial but did not complain of
defective service. On appeal,
Hoffpauir, Inc. raised the
defective service. The court of
appeals concluded that under
TRCP 324, service defects
are not required to be raised
in a motion for new trial. The
court held that a defendant
may raise a defective-service
complaint for the first time
on appeal. The court reversed
and remanded.
Trial procedure: Court reverses denial of Rule 91a motion to dismiss on immunity.
City of Austin v. Liberty Mut.
Ins., No. 03-13-00551-CV
(Tex. App.—Austin May 16,
2014, no pet. h.). Insurers
sued City for damages caused
by a fire, alleging inverse
condemnation and tort
claims. Insurers alleged City’s
overhead distribution lines,
for which City did not schedule regular maintenance,
caused the fire. City alleged
it was immune and sought a
Rule 91a motion dismissal.
The trial court denied City’s
motion. According to the
court of appeals, for insurers’ takings claim to be valid,
the damage had to be the
almost-certain result of City’s
decision to forego overhead
power line inspection. The
court concluded that the facts
did not reasonably permit
the conclusion that the fire
and resulting damage were
substantially certain to occur.
Thus, insurers failed to state
a valid takings claim and
City retained its immunity.
Insurers’ tort claims were
based on City’s operation of
a public utility, which is a
proprietary function. Thus,
insurers’ tort claims were
not barred by immunity. The
court reversed and rendered
judgment dismissing the takings claims and affirmed on
the tort claims.
Trial procedure: Damages
from unpermitted septic
systems are not inherently
undiscoverable. Swanson
v. Stouffer & Assocs., LLP,
No. 03-12-00071-CV (Tex.
App.—Austin May 30,
2014, no pet. h.) (mem.
op.). After purchasing an RV
Park, Swanson discovered
defects in the septic system,
including that it was not
properly permitted. Swanson
sued her lender’s appraiser
for failure to discover the
defects. The district court
granted summary judgment
for Stouffer on limitations.
Swanson argued her claims
were inherently undiscoverable and thus limitations
were tolled. According to the
court of appeals, Swanson’s
injuries were not the type of
Laurie Ratliff is Board Certified in
Civil Appellate Law by the Texas
Board of Legal Specialization and
is a shareholder with Ikard Golden
Jones. From 1998 through 2001,
she was a staff attorney with the
Third Court of Appeals.
injuries that were inherently
undiscoverable. Septic tank
permits are available in the
county records and were
readily discoverable. Further,
the court concluded that
Swanson was not reasonably diligent in obtaining the
septic system information
before purchasing the park.
The court affirmed. • AL
July/August 2014 Austin Lawyer
15
beyond the
practice
Austin Attorney Takes on Archaeological Sites and Pyramids
By Britni Rachal,
Austin Bar Association
This page: Jerikay Gayle takes
photographs while on an Alaskan
whale spotting trip.
Opposite: (clockwise from top)
Gayle treks the back country
to reach 3,500-year-old Native
American rock petroglyphs.
Lecturing in Egypt, Gayle pauses
between the Paws of the Sphinx.
Gayle helps recover musket balls
from LaSalle’s 1686 shipwreck.
F
rom studying Neanderthal settlements and prehistoric
painted caves in Europe to scuba diving in the underground cavern systems in Yucatan, Mexico — City of
Austin attorney Jerikay Gayle knows how to successfully pursue
multiple passions at the same time.
Gayle has practiced law for 32 years, but her day job hasn’t
kept her from pursuing adventures within her original career
field, archaeology. After working as an archaeologist for a few
years and struggling to get by as a single mother, Gayle decided
to go to law school in 1980, because she thought it might provide a more comfortable lifestyle for her family.
Now, decades later she has a successful law career under
her belt and is graduating from the University of Manchester
in England this summer with an honors diploma in Egyptology.
She averages at least one or two big trips around the globe each
year and runs an international photography business based on
those trips. Volunteering avocationally on archaeology digs in
Mexico and Central America is another way she spends time
16
Austin Lawyer July/August 2014
out of the office.
A lot of people wonder — with one son, three stepsons, and
now several grandchildren — how has she had the time and
energy to fit it all in?
“I think when I was young I was always in a hurry, and that
just became the pace of my life. I wanted to graduate high
school early, so I did,” said Gayle, as she remembered getting
on a bus the morning after graduation to go to college at age
17. The then-busy teen did not stop there. After a little more
than two years in college, she graduated from Sul Ross State
University in Alpine, Texas, at age 19. Two degrees and a 4.0
grade point average were among her accomplishments, along
with getting her first taste at what would become a life-long
passion for travel.
Gayle started small — first going to Mexico and branching
out to Central America during spring break, where she rented a
hammock to sleep on in the town square. A $300 loan from a
bank helped buy her airplane ticket, but she had to put her bat-
A surprise trip to the Queen of England’s Royal
Palace in Scotland was the result of one of Gayle’s
random encounters, after she became fast friends
with a man who was wearing full Scottish attire,
including a plaid kilt.
Open-minded travel gives
a wonderful opportunity to
[meet] interesting people who
are interested in other people.
tered 1963 Volkswagen Beetle up for collateral.
“I really think traveling on a shoe string affords you so many
more experiences,” said Gayle.
“I’ve never had what I would consider a bad travel experience. I’ve been mugged before, and I’ve been broke before,
and I’ve been ill before in foreign countries. I’ve certainly had
experiences like that. But those are not bad per se. Those types
of things have happened to me stateside too. I think that it’s all
just really part of the larger experience.”
The larger experience for Gayle usually means meeting a lot
of interesting people along the way. While staying in her hammock in Central America, she met a family who were caretakers of a supposedly haunted lighthouse and later invited her to
move her hammock and stay with them.
“Open-minded travel gives a wonderful opportunity to slot
yourself into this invisible worldwide network that’s made up of
interesting people who are interested in other people,” said Gayle.
“I find that they always give you more than they get from you.”
“He was an antique lighting restorer, and he
asked me if I wanted to tag along on a job. It
turns out he was installing chandeliers that he
had redone for the Queen. So all of a sudden I
was inside the palace,” said Gayle. “It’s not an
open palace. Most folks don’t get to have a private glimpse, and it all came about because of a
chance meeting.”
Seeing the oldest known artwork on the planet
is another one of Gayle’s most cherished memories. She used contacts with professors to gain
access to the caves in France and Spain, where
artwork from 30,000 BC to about 12,000 BC is
visible, representing the very origin of art created
by humankind. Some of her favorite caves include
Altamira in Spain and Lascaux, Font-de-Gaume,
Peche Merle, and Rouffignac in France. To this
day, most of them are closed to the public, with no
plans to ever reopen them for everyday tourism.
“There was just a little old lady with a huge
iron key that climbed up the hill and unlocked it,”
Gayle said, as she recalled touring the cave with
her husband.
“Some of these caves are just narrow niches
hidden far off the beaten path, and they don’t have
a lot of people who are interested in making an
effort to explore them,” explained Gayle. “They’re
glad when someone shows genuine interest, and
they want to show you their archaeological sites.
And I will certainly take them up on that!”
Gayle’s interest in archaeology is something
she shared with her son, stepchildren – and now, her grandchildren. Today Gayle’s children are grown, with children of
their own, but Gayle used to take them on her archaeological
trips, which sometimes meant naps on huge overturned stone
serpents and sacrificial tables. The memories are something her
38-year-old son is so fond of, he actually named his firstborn
daughter, Maya, in honor of the time the family spent in the
Mayan archaeological sites.
Though Gayle enjoys talking about all of her adventures,
don’t ask her where her favorite place to travel is! For Gayle, it’s
like asking her to choose her favorite child. She does, however,
have a special place in her heart for Egypt.
The travel-enthusiast has visited Egypt three times, including a recent trip in 2013, in the midst of the troubled country’s
revolution. Tense times could not keep Gayle from driving from
Cairo to the middle and southern parts of Egypt, near Sudan.
continued on page 18
July/August 2014 Austin Lawyer
17
Attorney–Archaeological Adventurer Explores Life to the Fullest
continued from page 17
Instead, she hired guards to escort her to sites and areas that
fascinated her.
“You could hear gunfire, and we had some drivers that
were probably having to risk buying fuel on the black market
to even get us from site to site,” explained Gayle. “So it was
definitely dicey, but it’s all part of the experience. We made it
back unscathed.”
During previous trips, Gayle received personal escorts
across iconic pyramids in Egypt by some of the most famous
Egyptologists, including a man named Ashraf Mohi El Din, who
has also escorted heads of state and notable politicians, including President Barack Obama and U.S. Senator John McCain.
Not only that, but Gayle used connections with professors to
spend time alone in the King’s Chamber in the Great Pyramid of
Egypt — a place where only a small percentage of people have
ever been.
“You just never know. There’s always fascinating individuals
you just happen to come across,” said Gayle, who loved her
trips to Egypt so much she decided to pursue a degree in Egyptology from the University of Manchester. She hasn’t actually
visited the university yet — instead she skypes in for class.
“It’s a three year, 120-credit program that I just completed,
and I’ll go to England on July 25 for my graduation ceremonies.
I’m now electing to do an additional two years for a certification as an Egyptologist,” said Gayle.
2014 is already a very busy year for Gayle. Some of the
archaeological findings she worked on will be on display at
the Bullock Texas State History Museum this fall. Robert de La
Salle’s ship, La Belle, which wrecked in Matagorda Bay in 1686,
will be featured in a new exhibit. Helping to recover the ship’s
artifacts and the only human skeleton found in the wreck are
two of the roles Gayle played on that dig.
If that’s not enough, Gayle’s other business venture, an
international photography business, is also taking off. Accessing
hard to reach places led her to begin photographing things, and
before she knew it, she had a photography business that she
never even planned for.
“My personal mantra has been that I will shoot places as
long as the process doesn’t intrude too much on the actual
experience,” said Gayle, who is self taught in taking photos. “As
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Austin Lawyer July/August 2014
Jerikay Gayle opens a gallery show featuring her travel
photography canvases.
long as I’m still really feeling the moment rather than worrying
about technical aspects, it all works in harmony for me.”
Over the last few years, Gayle has won several awards, and
her photographs have been selected for juried shows. She sells
about 25 to 30 pieces on average each year.
Even with all the extra excitement, for right now, it doesn’t
appear Gayle’s success in her new business venture or upcoming Egyptology certification will keep her away from the
courtroom. The adventurist says she does not plan on going
anywhere — or at least not anywhere for too long. For Gayle,
Egyptology is a fun hobby, not something designed to help her
get a professorship or teaching position.
“I have had a fabulous legal career, and I plan to practice
law right here at the City of Austin for years to come,” said
Gayle.
Proof that when developing multiple interests and hobbies,
growing a legal career, and raising a large family — you can
sometimes have your cake and eat it too. • AL
David C. Tucker CPA, RTRP
Principal
David Tucker CPA PC
your success is our success
Lamar (main)
9200 North Lamar, Suite 103
Austin, TX 78753
Fax: 512.462.2715
Email: [email protected]
Parmer
2207 West Parmer Lane
Austin, TX 78727
Fax: 512.410.5600
Office: 512.462.3656
www.DtuckerCPA.com
briefs
Keyser, Parsons, and Ruffner
In the News
„„ Brian Sledge, Kirsten
Fancher, Shuana Fitzsimmons,
Erin Zoch, and Bryan McMath,
all formerly with Lloyd Gosselink, have formed Sledge
Fancher and opened their
new offices. The new firm will
continue the group’s focus on
water and environmental laws,
and lobbying on various public
policy issues before the Texas
Legislature. 919 Congress Ave.,
Suite 460, Austin, TX 78701.
„„ Eleanor Ruffner opened
her own solo practice in February 2014. The Law Office of
Eleanor Ruffner focuses on
commercial and general civil
litigation and appeals on behalf
of individuals and small businesses. 1403 W. 6th Street, Austin, TX 78701; 512-913-7576.
Kudos
„„ Jason Spencer, construction lawyer and shareholder at
Andrews Myers’ Austin office,
has been admitted to the American Arbitration Association’s
National panel of neutrals
to serve as an arbitrator and
mediator in construction law
matters. Spencer is one of less
than 100 AAA panelists from
Texas and less than 800 chosen
in the U.S. for construction
arbitrations and mediations.
Appointments/Elections
„„ The following individuals
have been elected as the 20142015 officers of the Austin Legal Professionals Association:
ƒƒ President - Theresa Ann
Alba, Husch Blackwell
ƒƒ Vice President & Membership – Marlena Johnson,
Lloyd Gosselink
ƒƒ Corresponding Secretary –
Mary Alice Cook, Kasling,
Hemphill, Dolezal & Atwell
ƒƒ Recording Secretary – Gina
Picasso, Germer Beaman &
Brown
ƒƒ Treasurer – Patti Heaney,
Van Osselaer & Buchanan
ƒƒ Director – Mary Bernal,
Lloyd Gosselink
„„ Dirk Jordan of the Jordan
Law Firm has been elected to
the Board of Trustees of the
American Inns of Court. He
will serve a four-year term beginning in October 2014. He is
the first Austin lawyer to serve
on the American Inns of Court
Board of Trustees.
Awards
„„ Paul Parsons was recognized in May by the Austin
Chapter of the Federal Bar Association with the inaugural Outstanding Community Service
Award. Parsons has practiced
immigration and nationality law
in Austin since 1978.
„„ David E. Chamberlain
received the 2014 State Bar
of Texas “Standing Ovation”
award for his volunteer work
and service to the Bar. Chamberlain was one of six attorney
volunteers who received the
award from the TexasBarCLE.
„„ Donna Brown also
received the “Standing Ovation” award from the staff of
TexasBarCLE for her exceptional contributions in 2013
to the Bar’s continuing legal
education efforts. Brown has
delivered over 150 presentations and served on numerous
planning committees since
1987 on creditors’ rights. She
is also a member of the Editorial Committee for the Texas
Collections Manual published
by the State Bar.
New Digs
„„ Stephen Jon Moss has
moved his office. Moss will
continue his civil and administrative litigation practice,
including transactional matters
and mediation services. 8200
N. Mopac Expressway, Suite
230, Austin, TX 78759;
512-249-1300
„„ The Law Office of Leslie
J. Boykin is relocating. Leslie
Boykin is the solo practitioner
of this full-service criminal
defense practice, where she
represents those charged with
state or federal crimes. Boykin
has owned and operated her
practice for nine years. 704
West 9th St., Austin, TX 78701;
512-912-9977; [email protected].
New to the Office
„„ Texas real estate boutique firm McLean & Howard
welcomes associate Leslie
Keyser. Keyser has experience
in corporate, transactional, and
real estate law from serving as
in-house counsel for TempleInland. 901 S. Mopac Expressway, Bldg. II, Suite 225, Austin,
TX 78746; 512-328-2008;
mcleanhowardlaw.com.
„„ Gray Laird has joined the
City of Austin Law Department’s Litigation Division. Before joining the City, he served
as partner in the law firm Page,
Kruger & Holland in Jackson,
Miss., and was an associate attorney with the law firm Allen,
Vaughn, Cobb & Hood. Laird
received his undergraduate and
law degrees from the University of Mississippi. gray.laird@
austintexas.gov.
„„ Lauren Bellomy has
joined the City of Austin Law
Department’s General Counsel
division. Prior to joining the
City, Bellomy worked as an
Assistant General Counsel for
the Texas Ethics Commission
and as a research attorney for
O’Connor’s Texas Causes of
Action. She received both her
undergraduate and law degrees
with honors from the University of Texas at Austin.
[email protected].
„„ Dan Austin has joined
Austin-based law firm Wittliff
Cutter as a partner. Wittliff
Cutter serves the needs of
technology and digital media
companies. Austin’s experience involves a broad range
of emerging growth industries,
including technology, energy,
and life sciences. 1803 West
Ave., Austin, TX 78701;
512-590-0890.
„„ Mark. E. Nogalski and
Joseph Walsh have joined
Sleman Munson & Lerner. 901
S. Mopac Expressway, Barton
Oaks IV, Suite 200, Austin, TX
78746; 512-505-5955.
If you are an Austin Bar member and you’ve moved, been
promoted, hired an associate,
taken on a partner, or received
a promotion or award, we’d
like to hear from you. Notices
are printed at no cost, must be
submitted in writing, and are
subject to editing. Items are
printed as space is available.
Information on lawyers who
are not Austin Bar members
will not be printed.
Announcements for briefs
should include all pertinent information including firm name,
address, and contact numbers.
Send submissions to Communications Assistant Britni
Rachal at [email protected].
July/August 2014 Austin Lawyer
19
w w w. a y l a . o r g
Interview with Incoming AYLA President Amanda Arriaga
Let’s start with everyone’s
favorite question: Tell us a
little about yourself.
I
grew up in
McAllen, Texas.
In high school,
I was a nerd and involved
in all of the campus
activities. Though I respect
authority, I can’t necessarily hold my tongue when
I think something is being
handled incorrectly. I
think my biggest accomplishment in high school
was banding together with
the student body presidents from the other area high schools
and protesting the school board when they decided to take
away exemptions from final examinations for seniors in the
middle of the semester. No, it wasn’t quite as dramatic as when
the gang on Beverly Hills 90210 protested to allow Donna Martin to graduate. However, we three high school seniors were
able to convince the school board, through sound reason, to let
us have our exemptions. That was pretty cool.
After that I attended Texas A&M and got a business degree,
and then I attended University of Texas Law School. Upcoming
Events
Meet the Projects
Thursday, July 17
5:30 to 7:00 p.m.
See right for details.
AYLA Docket Call
Thursday, Aug. 21
5:30 to 7:00 p.m.
Location TBD
Sponsored by Jonathan
Sarver & Jeff Macy, BBVA
Compass Mortgage
Banking Officers
20
Austin Lawyer July/August 2014
Why did you first get involved with AYLA?
I got involved in AYLA right out of law school. At UT Law
School, I was active in the Student Bar Association and Assault
and Flattery (the law school musical). So, in the fall of 2004, I
auditioned for Bar & Grill. At auditions, I met Amy Welborn,
who was on the AYLA board. She encouraged me to join an
AYLA committee and wouldn’t take no for an answer. The rest
is history.
What is your favorite part of being in AYLA?
I love that we have a platform to do great things for the community. We are so lucky to be in this profession and get to do
good things at work, so it’s nice to be able to do that on our
own time as well.
What are your goals for AYLA for this year?
I want to make sure that all lawyers, young and young at
heart, know that they are welcome to attend and participate
in any of our programs. Contrary to popular belief, AYLA isn’t
just about parties and happy hours. Most of us are just nerdy
do-gooders, who are looking for an outlet to make a difference outside of work.
What is an interesting fact about you that people probably
don’t know?
Most people don’t know that I interned for the CIA in college.
Don’t worry, I wasn’t a super spy, but instead was an overt employee, so this article won’t self-destruct. • AL
Ice Cream Social Features AYLA Projects
On July 17, the Austin Young Lawyers Association invites
you to “Meet the Projects.” J
oin AYLA on the
Terrace (816 Congress, 15th floor)
for an ice cream social and a
preview of upcoming AYLA
projects planned for the
2014-15 year.
You’ve seen mentions in
Austin Lawyer and the AYLA
website about the wide variety of projects organized by
AYLA, but may not know the
details. This is your opportunity to chat with AYLA board
members and committee
chairs to find our more about
the projects that most interest
you.
Whether you would like
to volunteer for a project or
attend an event, the Meet the
Projects Ice Cream Social will
help you find the perfect fit for
you. • AL
LegalLine: Answering Calls from the Classroom and Beyond
T
he Lawyer Referral
Service of Central
Texas hosts LegalLine, a telephone hotline
held on the first Tuesday
of every month. Attorney
volunteers answer calls from
people seeking legal advice.
Calls span a wide range
of topics and are sometimes
full of surprises. While most
people who call need advice,
in April, an evening business
class from Austin Community College called in to get
an attorney’s perspective on
a legal issue the class was
discussing. In June, a caller
from Turkey utilized LegalLine to find an attorney in the
Austin area.
If you receive inquiries
outside your practice area,
LAURA
send to the Lawyer Referral
Service or, on the first Tuesday of each month from 5:30
to 7:30 p.m., to LegalLine at
512-472-8303.
The Lawyer Referral Service thanks all of the LegalLine Volunteers for donating
their time and expertise:
April 1
Brant DeVere
Mario Flores
Hilton Moore
Taylor Romero
May Yang
June 3
Price Ainsworth
Tony Ciccone
Alex Conant
George Lobb
Tom O’Meara
Erin Shinn
• AL
To volunteer for a future
LegalLine, please contact
Christine Lowry at 512-4721311 or [email protected].
Thanks Austin’s Pizza and
Planet Sub for generous
donations of food to feed
the hungry volunteers!
Please support these local
businesses.
May 6
Bill Apt
Julia Benkoski
Caitlin Haney
Matt McChesney
John Mendez
Mat Rueda
JACKS
MEDIATION & ARBITRATION
LAURA JACKS
MEDIATOR
ARBITRATOR
FORMER ASSOCIATE JUDGE
2463 Westlake Drive, Austin, Texas 78746
512-413-3275 • F: 512-342-7060
[email protected]
PROBATE
•
CIVIL LITIGATION
•
FAMILY LAW
The Lawyer’s Lender. I Speak Legalese.
Jennifer Piskun Johnson, Esq.
Mortgage Loan Originator
NMLS #1085588
State Bar ID #00791452
512-633-2024 Mobile
[email protected]
Apply today:
www.jenniferknowsloans.com
BancorpSouth.com
NYSE: BXS
Subject to credit approval. This is not a commitment to lend.
Professional/Affluent
portfolio loans
n Jumbo/super jumbo
n Construction
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upcoming
events
July
16
Animal Law Section 2014 Animal Well-Fair
The Animal Law Section invites the public to learn
about how to help animals in our community, while
meeting with representatives from national and local
organizations. Participating organizations include
Austin Animal Center, Austin Humane Society, Austin
Pets Alive, Austin Wildlife Rescue, the Humane Society of the United States, and Emancipet.
Time: Noon to 2:00 p.m.
Location: Community Room at Whole Foods
at The Domain
11920 Domain Dr., Austin
Cost: Free. Donations will be accepted.
Contact Susan Salch at [email protected]
or Kelley Dwyer at [email protected].
25
Members Only 4th Friday Free CLE
Join the Austin Bar Association for an update on the
Travis County Courthouse.
Time: Noon
Location: Austin Bar Association
816 Congress Ave., Suite 700
Speaker: Judge Eric Shepperd,
County Court-at-Law #2
CLE: 1 hour
Cost: Free. Open to Austin Bar Association members
only. Lunch will be provided.
RSVP to Marissa at [email protected] by 5:00
p.m. on Wednesday, July 23
August
4
Austin Lawyer Support Group
A confidential monthly education support group for
lawyers, judges, and law students seeking help or
support while healing from depression, addiction, job
stress, anxiety, and other mental health issues.
Time: Noon to 1:15 p.m.
Location: Austin Bar Association
816 Congress Ave., 3rd Floor, Bluebonnet Room
Cost: Free
Contact Cameron Vann at Cameron.vann@texasbar.
com or call Texas Lawyers Assistance Program at
800-343-8527.
The “Upcoming Events” page highlights just a few of the events of
interest to the Austin legal community. For a full listing of Austin Bar
events, including Section CLEs, please visit the website at
austinbar.org/events.
PATRICK KEEL
M e d i a t o r • A r b i t ra t o r
Fo r m e r D i st r i c t J u d ge
office 512 476-5212 mobile 512 293-0300
www.patrickkeel.com
22
Austin Lawyer July/August 2014
classifieds
Office Space
Sublease near Mopac and
2222. One attorney office
and one legal assistant/secretary space. Use of conference room, kitchen, copier,
fax, phone system, etc.
512-419-0684.
Downtown window and
interior office space available at 301 Congress Avenue.
Included high-speed internet,
reception area and services,
shared conference rooms,
and kitchen/break room.
Please call 512-472-6800.
Classified advertising is
available in Austin Lawyer
to provide added resources
for our members and related
professionals.
For Austin Lawyer classified
advertisement pricing,
reservation deadlines,
and placement details,
please contact Chellie
Thompson at Monarch
Media & Consulting, Inc.,
512-293-9277 or Chellie@
monarchmediainc.com
EXPERIENCED
MEDIATOR • ARBITRATOR
Intellectual Property and Franchising
Environmental and Real Estate
Commercial Claims
Professional Liability Disputes
HAL SANDERS
Mediator /Arbitrator
AV Preeminent Rated
by Martindale Hubbell
•
Retired Partner,
Haynes & Boone, LLP
•
(512) 423-7702
for scheduling
www.HalSanders.com
July/August 2014 Austin Lawyer
23
GOOD IS
exceeding your expectations
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Meet our Team of PRIVATE BANKING EXPERTS: L to R: Dave Edwards | Susan Doss | Stephen Jeffrey | Cliff Bandy | Roger Bott
What is good? It’s having a Private Banking team that is committed to supporting the legal community. It’s understanding
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