lawyer - home - austin bar association · report, advice letter, e-mail memo, motion, brief, cle...

20
austin lawyer March 2014 Volume 23, Number 2 www.AustinBar.org Features 11th Annual Gala .......................................... 1 J. Chrys Dougherty III: 1915 – 2014............... 6 Animal Welfare Committee ......................... 14 Law Day 2014: Why Every Vote Matters ...... 15 Departments Opening Statement ........................................ 7 3rd Court of Appeals Update ......................... 9 Briefs ........................................................... 10 AYLA ........................................................... 12 Upcoming Events ........................................ 17 Classifieds ................................................... 18 Distinguished Lawyer Award honoree Pete Winstead with Austin Bar President Chris Oddo; (from left) Dan and Linda Richards with Jennifer and Steve Benesh. Photos by Carol Smith. 11th Annual Gala: Going Local with the Bar lose to 500 attorneys, judges, friends, and family gathered Feb. 1 for the Austin Bar Foundation’s 11th Annual Gala, benefitting the Foundation’s many community projects. Through the generosity of the legal community and numerous auction-item donors, the event raised $80,000! After a spirited and lucrative live auction, three attorneys who have exhibited a strong commitment to the profession and the community were honored. Pete Winstead and Dave Richards were presented with the Distinguished Lawyer Award. Andrea Sloan was honored posthumously with the David H. Walter Community Excellence Award. The theme of the night was Austin City Lawyers: Going Local with the Bar. The Four Seasons Ball- room was transformed into an Austin microcosm, complete with posters of Austin hot spots, includ- ing the Broken Spoke, bats living under the Congress Avenue Bridge, and, of course, the Austin skyline. continued on page 4 C

Upload: others

Post on 14-Jul-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

austinlawyerMarch 2014

Volume 23, Number 2www.AustinBar.org

Features11th Annual Gala .......................................... 1J. Chrys Dougherty III: 1915 – 2014 ............... 6Animal Welfare Committee ......................... 14Law Day 2014: Why Every Vote Matters ...... 15

DepartmentsOpening Statement ........................................ 73rd Court of Appeals Update ......................... 9Briefs ........................................................... 10AYLA ........................................................... 12Upcoming Events ........................................ 17Classifieds ................................................... 18

Distinguished Lawyer Award honoree Pete Winstead with Austin Bar President Chris Oddo; (from left) Dan and Linda Richards with

Jennifer and Steve Benesh. Photos by Carol Smith.

11th Annual Gala: Going Local with the Bar

lose to 500 attorneys, judges, friends, and family gathered Feb. 1 for the Austin Bar Foundation’s 11th Annual Gala, benefitting

the Foundation’s many community projects. Through the generosity of the legal community and numerous auction-item donors, the event raised $80,000!

After a spirited and lucrative live auction, three attorneys who have exhibited a strong commitment to the profession and the community were honored. Pete Winstead and Dave Richards were presented with the Distinguished Lawyer Award. Andrea Sloan was honored posthumously with the David H. Walter Community Excellence Award.

The theme of the night was Austin City Lawyers: Going Local with the Bar. The Four Seasons Ball-room was transformed into an Austin microcosm, complete with posters of Austin hot spots, includ-ing the Broken Spoke, bats living under the Congress Avenue Bridge, and, of course, the Austin skyline. continued on page 4

C

Page 2: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

2 Austin Lawyer March 2014

Page 3: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

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

The views, opinions, and content expressed in this publication are those of the author(s) or advertiser(s) and do not necessarily reflect the views or opinions of the Austin Bar Asso-ciation membership, Austin Bar Association Board of Directors, or Austin Bar Association staff. As a matter of policy, the Austin Bar Association does not endorse any products, services, or programs, and any advertisement in this publication should not be construed as such an endorsement.

Contributions to Austin Lawyer are welcome, but the right is reserved to select and edit materials to be published. Please send all correspondence to the address listed below. For editorial guidelines, visit austinbar.org in the “About Us” tab.

Austin Bar AssociationChristopher J. Oddo ......... PresidentJudge Elisabeth Earle ........ President-ElectJudge Eric Shepperd ......... SecretaryLeslie Dippel ................... TreasurerLance Sharp ..................... Immediate Past

President

Austin Young Lawyers AssociationDavid Courreges .............. PresidentAmanda Arriaga .............. President-ElectChari Kelly ...................... TreasurerKatie Fillmore .................. SecretaryKennon Wooten............... Immediate Past

President

Austin Lawyer©2014 Austin Bar Association; Austin Young Lawyers Association

Executive Offices816 Congress, 7th FloorAustin, Texas 78701-2665E-mail: [email protected] Website: www.AustinBar.orgPh: 512-472-0279 | Fax: 512-473-2720

DeLaine Ward ................. Executive DirectorKat Hinson ......................Managing EditorDebbie Kelly ...................Director of AYLAKennon Wooten............... Editor-in-Chief

Published by Monarch Media & Consulting, Inc.Ph: 512-680-3989 | Fax: 866-328-7199www.monarchmediainc.comAdvertising inquiries call 512-293-9277.

austinlawyer

March 2014 Austin Lawyer 3

“This was my first time to be involved in a project of this proportion. I was amazed at how it all, almost magically, came together. I don’t know who was more blessed – the families or us – to have been able to participate in this program.”

— 2012 AYLA Holiday Baskets Volunteer, Barbara Chapman

Volunteer with the Austin Bar Association and the Austin Young Lawyers Association.

Get Involved with any of our Annual Events:

Austin Bar Community Projects:People’s Law SchoolAustin Adoption DayCentral Texas Adoption DayFee Dispute Resolution ServicesLegal BuildVeterans’ Project - Free Legal Advice Clinics

AYLA Community Projects:Teen CourtHoliday BasketsReindeer Games (formerly Christmas for Kids)Community Service DaysDay of ServiceWomen’s Resource Fair

Calling allVOLUNTEERS!The Austin Bar andAYLA need YOU.To find out moreabout volunteeringfor a communityproject, visit austinbar.org and ayla.org.

Page 4: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

4 Austin Lawyer March 2014

2014 Gala Raises $80,000 for Austin Bar Foundation Projectscontinued from cover

To top it off, Austinite Dale Watson and His Lonestars played a raucous set for a packed dance floor, featuring old and new favorites.

Why? The Austin Bar Foundation’s Gala is often jokingly re-ferred to as “lawyer prom.” And yes, it is fun to get dressed up, have a fancy meal, and hobnob with hundreds of lawyers and judges. But the real reason that so many people put so much effort into this annual event is this — $80,000 will be added to support important projects including the following: � Monthly legal advice clinics have helped more than 2,000

veterans and the families. � At Austin Adoption Day, more than 450 children who were

abused or neglected have found their “forever families.” � Legal advice clinics can be immediately established during

natural disasters such as the Dove Springs floods late last year. � The annual Foundation grants program has provided more

than $40,000 to organizations such as Texas Accountants and Lawyers for the Arts, Texas RioGrande Legal Aid, SAHELI Asian Family Support Services, CASA of Travis County, and Casa Marianella.

The Austin Bar Foundation — and the many attorneys and

firms who donate to the Foundation — support these programs along with legal-related projects in area schools, People’s Law School, and Law Day, all of which have positively impacted thousands of people living in Austin.

Although it may look effortless, the Foundation Gala is the result of a lot of hard work. Special thanks to Event Co-chairs Shannon Meroney and Laura Merritt; Austin Bar Auction Chair Mishell Kneeland; AYLA Auction Co-chairs Sally Pretorius and Cindy Grossman; Decorations Chair Laura Sharp; Austin Bar President Chris Oddo; Austin Bar Foundation Chair Lance Sharp; and the countless others who helped make this event a phenomenal success. • AL

...the real reason that so many people put so much effort into this annual

event is this — $80,000 will be added to support important projects.

Page 5: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

March 2014 Austin Lawyer 5

Thank you, 2014 Gala SponsorsFoundation SponsorsCivil Litigation SectionHowry, Breen & HermanMcGinnis LochridgeRichards Rodriguez & Skeith Winstead

Table SponsorsAdministrative Law SectionAndrews KurthBracewell & Giuliani

Chamberlain ✦ McHaneyEstate Planning & Probate SectionGraves Dougherty Hearon & MoodyHusch BlackwellJackson WalkerKelly Hart & HallmanLoewy Law FirmNorton Rose FulbrightScott Douglass & McConnicoSlack & DavisState Bar of Texas

Strasburger & PriceTexas Advocacy ProjectThompson CoeVinson & Elkins

Half Table SponsorsBourland Law FirmCivil Litigation SectionEvans Family Law GroupFritz, Byrne, Head & Harrison, PLLCHawkins Parnell Thackston

& YoungHaynes and BooneHohmann Taube & SummersPaine, Tarwater, and BickersShannon & Mike MeroneySmith Law GroupThe Sharp FirmWhitehurst, Harkness, Brees & ChengWilson Sonsini Goodrich & Rosati

Top row, from left: (from left) Austin Bar Foundation Chair Lance Sharp with Event Co-chairs Shannon Meroney and Laura Marritt and Austin Bar President Chris Oddo; Chris Quaglino and Michelle Cheng; (from left) Chris Oddo with Distinguished Lawyer Award honoree Pete Winstead, Lance Sharp, and

Distinguished Lawyer Award honoree Dave Richards; Former Austin Bar President David Chamberlain holds the guitar he won in the live auction, signed by singer/songwriter Dale Watson (background); (from left) Adam and Amanda Sencenbaugh with Adriana Silva and Tony Ciccone.

Bottom row, from left: Colleen Brady dancing with Third Court of Appeals Chief Justice Woodie Jones; Upper row: Dale Watson performs for a packed house; AYLA Auction Co-chair Cindy Grossman and Kenny Grossman; Ryan and Hillarey Squires; Lower row: (from left) Valerie and Craig Tyler with

Judge Elisabeth Earle, Austin Bar President-Elect, and Jeff Clark; guitar ice sculpture; The Four Seasons Ballroom was filled with Austin chic as 500 people gathered at the 2014 Foundation Gala; (from left) JoAnn Dalrymple, Regan Ellmer, and Laura Merritt; (from left) Danielle Ahlrich, Dale Watson,

Lacy Leonard, and Stacie Bennett. Photos by Carol Smith.

Page 6: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

6 Austin Lawyer March 2014

PATRICK KEELMediator • Arb i trator

Former Distr ict Judge

office 512 476-5212 mobile 512 293-0300

www.patrickkeel.com

Jimmy VaughtMediator | Arbitrator

Fellow, American Academy of Matrimonial Lawyers

Best Lawyers Family Lawyer of the Year 2013

Board Certified in Family Law and Civil Appellate Law

Texas Board of Legal Certification

AV Rated, Martindale Hubbell

Jimmy Vaught has

more than 30 years of

legal experience.

His excellent

credentials, high

integrity and dedication

to the practice of family

law are well known

throughout Texas.

512-342-99805929 Balcones Drive, Suite 201 • Austin, Texas 78731

www.austindivorcelawyer.com

Outstanding Conference Amenities Please call to reserve your mediation.

J. Chrys Dougherty III: 1915 – 2014Founder of Graves Dougherty law firm died Feb. 20 at the age of 98.

graduate of the University of Texas and Harvard Law School, Chrys Dougherty became an icon in the Austin legal community. After serving in the Judge Advocate

General Corps during World War II, he relocated to Austin and co-founded Graves Dougherty with his father-in-law Ireland Graves.

Throughout his career, Dougherty was involved in several high profile cases, most notably the Tidelands case – a legal battle between Texas and the federal government over rights to offshore oil. Spanning 20 years, the case involved several coastal states fighting the federal government’s efforts to claim sub-merged lands that had already been claimed by the states prior to joining the United States. The Texas State Historical Associa-tion called it “the most serious conflict of the century between the states and the federal government.” Dougherty argued the case on behalf of Texas before the U.S. Supreme Court.

Dougherty served as president of the Austin Bar Association in 1976-1977 and as president of the State Bar of Texas in 1979-1980. He strongly believed that lawyers have an obliga-tion to society, specifically in the area of providing legal services to those who cannot afford to pay. He was a vocal advocate, urging other attorneys to devote time to pro bono work. In recognition of these efforts, the State Bar of Texas, Volunteer Legal Services of Central Texas, and Texas Appleseed established awards in his name recognizing pro bono work.

After retiring from law in 1995, Dougherty helped launch Texas Appleseed, an organization that utilizes the skills and re-sources of attorney volunteers to promote social and economic justice.

Dougherty has served as a teacher and mentor to countless Austin lawyers. His emphasis in the legal community on the importance of — and even obligation to provide — pro bono services has impacted thousands of individuals who might not otherwise have received legal services. In his honor, each attor-ney who volunteers to provide pro bono work extends Dough-erty’s legacy. • AL

A

His emphasis in the legal community on the importance of — and even obligation to provide — pro bono services has impacted

thousands of individuals who might not otherwise have received legal services.

Page 7: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

March 2014 Austin Lawyer 7

Transition Options, Part 1By Wayne SchieSS, University of texas school of law

very piece of analytical legal writing (memo,

report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as important as the order is the way you convey that order to the reader — the way you cue the reader. In this piece I introduce the first six of a dozen options for cuing order and creating transitions.

1. Use traditional transi-tion words and phrases. These are the classic transition words we all know. Grammat-ically, they’re called conjunc-tive adverbs. A partial list: � conversely, however, nevertheless, on the contrary, notwithstanding, on the other hand

� additionally, further, furthermore, moreover

� although, even though, though, whereas

� accordingly, in conclusion, finally, ultimately

� consequently, therefore, subsequently2. Use short transition

words. Traditional transition words are great, but they can be a bit weighty; they’re definitely formal. Sometimes you want a lighter touch, something crisp and vigor-ous. When you do, try these short transition words. The first list contains words that take a comma: � also, besides, still, thus, what’s more,

When used at the begin-ning of a sentence for transi-tion, these words don’t need a comma: � but � yet � and � nor � or

3. Repeat a key word or phrase from the end of the previous paragraph. Sup-pose your paragraph ends this way: The appellate court concluded that the disclaimer was conspicuous because it was in its own paragraph and in all-capitals text. If you plan to add more informa-tion about all-capitals text, you could use moreover or furthermore or additionally. Or you could simply repeat the phrase all-capitals text, perhaps even making it the subject of the next para-graph’s topic sentence, like this: All-capitals text alone might be insufficient if … Repeating the phrase cues the reader that you’re on the same topic and have more to say about it.

4. Repeat a key word or phrase from the beginning of the previous paragraph. Rep-etition executed from end to beginning creates a connec-tion between an idea at the end of one paragraph and a related idea at the beginning of the next. But sometimes you want to convey a larger sense of connection, not merely between two subsid-

iary ideas but between entire topics or entire paragraphs. To convey that larger con-nection, you can repeat a key word or phrase from the beginning of one paragraph at the beginning of the next. For example, if the first paragraph begins this way, A single, strong format can be conspicuous … then the next paragraph might begin by repeating that phrase: A single strong format might be insufficient if …

5. Repeat the structure of the previous paragraph — or of its topic sentence. Simi-larly structured consecutive paragraphs will feel con-nected in readers’ minds. Imagine three paragraphs in a row, each structured like this: assertion, illustration, ap-plication. That would create a strong connection between those paragraphs. Not that ambitious? Even if only the topic sentences have similar structures, the paragraphs will feel connected. For ex-ample, imagine three consec-utive paragraphs beginning with these three, similarly structured sentences:

Using several strong

formatting techniques will generally make a disclaimer conspicuous …

Using a single strong for-matting technique can make a disclaimer conspicuous …

Using formatting tech-niques alone will not make a disclaimer conspicuous if …

6. Adapt a key word from the end of the previ-ous paragraph. Instead of literally repeating a word from the end of the previous paragraph, you can adapt a word. One good technique is to select a key verb from the end of the previous para-graph, nominalize it (make it a noun), and then use that noun as the subject of the next paragraph’s first sen-tence. Although over-using nominalizations can weaken legal writing, the technique has its appropriate uses, and this is one. For example, if a paragraph’s last sentence says, Finally, the client pro-poses formatting the disclaim-er in boldface type, then the next paragraph might begin like this: The proposal would likely …

Next month, six more techniques. • AL

opening statement

E

Page 8: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

8 Austin Lawyer March 2014

WITCHER MCCULLOUGHATTORNEY - MEDIATOR AND ARBITRATOR

Approved by: NASD/FINRA and American Arbitration Association

Litigator for 35+ yearsMediator for 20+ yearsComplex business cases

McCullough [email protected] | www.McCulloughADR.com

Office: 512.587.3144 fax: 512.233.1750

Securities casesEmployment casesPersonal injury cases

Page 9: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

March 2014 Austin Lawyer 9

3rd court of appeals   update

he following are summaries of selected civil

opinions issued by the Third Court of Appeals during January 2014. The summaries are intended as an overview; counsel are cautioned to review the complete opinion. Subsequent histories are cur-rent as of February 25, 2014.

Administrative law: Incident reports in possession of quality-assessment com-mittee not confidential. Parkview Nursing & Rehab. Ctr. v. Texas Dep’t of Aging & Disability Servs., No. 03-11-00480-CV (Tex. App.—Austin Jan. 10, 2014, no pet. h.) (mem. op.). Agency investiga-tor cited Parkview with train-ing deficiencies. Investigator relied on Parkview’s state-mandated incident reports. Contending the incident reports were confidential be-cause they were in the pos-session of its quality-assess-ment committee, Parkview sought to enjoin disclosure of the incident reports. The trial court denied Parkview’s injunction. According to the court of appeals, incident reports are not confidential. The court acknowledged that the committee’s evaluative process is confidential, but concluded that Parkview’s turning over incident reports to the committee did not make the reports confidential committee records. The court affirmed.

Family law: Mandamus relief granted in child support dispute. In re Bromberg, No. 03-13-00778-CV (Tex. App.—Austin

Jan. 14, 2014, orig. pro-ceeding) (mem. op.). Court ordered both parents to have right to designate primary residence of child during each parent’s possession within Williamson County. Mother moved to Hays County and sought to modify the order to allow her the exclusive right to designate child’s primary residence. The trial court denied mother’s motion and ordered mother to pay father child support. The court of appeals con-cluded the trial court erred in ordering mother to pay child support. According to the court, there was no evi-dence that mother had any net resources from which to pay child support. The court further noted that a spouse’s income cannot be considered when calculating a parent’s child support obligation. The court vacated the child sup-port obligation.

Contracts: Condo owner’s damages against owners’ as-sociation affirmed. Canyon Vista Prop. Owners Assoc. v. Laubach, No. 03-11-00404-CV (Tex. App.—Austin Jan. 31, 2014, no pet. h.) (mem. op.). Condo-minium owner Laubach sued property owners’ association for breach of the condo dec-laration for failure to repair his unit’s floor. The trial court awarded Laubach damages. According to the court of appeals, Laubach had stand-ing to recover damages for the common elements of the condo. The court noted that a co-tenant may proceed indi-vidually to seek damages for misuse of common property,

absent an objection from the condo association that the other co-tenants must be joined. Absent an objection, the co-tenant may proceed and can only recover his proportionate interest in the common property. As-sociation did not object to Laubach proceeding alone. The court concluded that Laubach’s unit’s floor was a common element, and that as a co-tenant of the common elements, he had standing to sue and recover damages. The court modified and af-firmed.

Texas Citizens Participa-tion Act: Defamation action dismissed for failure to show prima facie case of actual malice. C.L.E.A.T. v. Sheffield, No. 03-13-00105-CV (Tex. App.—Austin Jan. 31, 2014, no pet. h.) (mem. op.). After CLEAT fired Sheffield, a dis-pute arose over Sheffield’s re-turn of his CLEAT-issued lap-top. Sheffield sued CLEAT for defamation, contending that CLEAT had falsely accused him of criminal acts. The trial court denied CLEAT’s motion to dismiss under the Texas Citizens Participation Act. CPRC §27.002 safeguards the constitutional rights of speak-ing and associating freely and also protects the people’s right to file meritorious law-suits. CPRC §27.003 provides for early dismissal if a party cannot provide “clear and specific evidence of a prima facie case for each essential element of the claim in ques-tion.” CLEAT contended that Sheffield’s lawsuit impinged on its right of association.

T

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.

According to the court of ap-peals, Sheffield failed to meet his burden to show that the challenged statements were made with actual malice. Accordingly, the trial court erred in denying CLEAT’s motion to dismiss. Further, the court rejected Sheffield’s constitutional challenges to the TCPA. The court affirmed in part and reversed in part. • AL

Page 10: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

10 Austin Lawyer March 2014

briefsAppointments/Elections

� Texas-based law firm Mc-Ginnis Lochridge congratulates Jordan Mullins on his election to the Board of Directors of the Ronald McDonald House Charities of Austin and Central Texas. Mullins also serves as president of Friends of the House, an organization of young professionals dedicated to supporting RMHC Austin, and serves as a committee chair for RMHC Austin’s Bandana Ball.

� Judge Orlinda Naranjo, 419th Judicial District Court, Travis County, was appointed to the State Commission on Judicial Conduct on Nov. 19, 2013; she will serve a six-year term. The Commission is responsible for investigating allegations of judicial miscon-duct or judicial disability and for disciplining judges.

� David E. Chamberlain, partner at Chamberlain-McHaney in Austin, has been elected to chair the board of trustees of the State Bar of Texas Insurance Trust. Honored in 2006 as the Outstanding Defense Bar Leader in the na-tion by DRI, Chamberlain has served on various law-related boards, including serving as president of the Austin Bar Association, and has been awarded numerous prestigious honors.

� Christopher S. Stacy with DuBois, Bryant & Campbell has been elected to member-ship in the Fellows of the Texas Bar Foundation. Fellows are selected for their outstanding professional achievements and their demonstrated commit-ment to the improvement of the justice system throughout the state of Texas. The Texas Bar Foundation is the largest

charitably funded bar founda-tion in the country.

Moving On Up

� Patrick M. Carlson has been elected as a member of Armbrust & Brown. His prac-tice focuses primarily on real estate transactions and munici-pal utility districts, including acquisitions, sales, leasing, and development and financing. Carlson also has experience in foreclosures, easements, and construction and architect agreements. Before Armbrust & Brown, Carlson was an as-sociate with an international law firm in Houston and with a real estate boutique law firm in Austin.

� Kevin M. Flahive has been elected as a member of Arm-brust & Brown. He practices in the areas of land use and real estate development and trans-actions. Flahive is a member of

multiple organizations, includ-ing the American Bar Associa-tion, Austin Bar Association, and the Real Estate Council of Austin, and is also a published author.

� Kennon Wooten has been named a partner with Scott, Douglass, & McConnico. Since joining SD&M in 2011, Wooten has used her unique knowledge from serving as rules attorney for the Texas Supreme Court to represent both individuals and entities in commercial and general civil litigations and in civil appeals. Wooten is a member of the Austin Bar Association Board of Directors and is the immedi-ate past president of the Austin Young Lawyers Association.

� Shannon Alex King has been promoted to partner at the law firm of Fritz, Byrne, Head & Harrison. The firm practices commercial

Page 11: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

March 2014 Austin Lawyer 11

Carlson, Flahive, Judge Naranjo, Todd, Wooten

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

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

Announcements for briefs should include all pertinent in-formation including firm name, address, and contact numbers. Send submissions to Commu-nications Director Kat Hinson at [email protected].

Community Partnerships

The Austin Bar Association and KLRU television are partnering on some upcoming projects. As part of this effort, volunteers from the Austin Bar helped raise money at KLRU’s live pledge night on March 3. Special thanks to Jonah Jackson, Bill Davidson, Joanne Hopkins, Joe Gagan, Lance Sharp, and Julia Benkoski.

litigation, employment law, environmental & administrative law, general business and real estate, products litigation, and public law. King focuses on commercial litigation and employment law.

� Dane McKaughan has been added as a shareholder in the Global Energy and Infrastructure practice at the Greenberg Traurig Austin office. Concentrating his practice on energy-related litigation matters, primarily involving regulated entities, McKaughan has broad experience represent-ing clients in contested rate proceedings before various Texas state commissions. GT’s

Global Energy & Infrastructure Practice brings together a multi-disciplinary team of profession-als from across the firm to assist clients with a broad range of national and international proj-ect finance and infrastructure development opportunities.

In the News

� After 10 years under the name Van Osselaer & Buchanan, the firm will now be known as Buchanan DiMasi Dancy & Grabouski. The firm’s group of attorneys remains the same and will continue to focus on insurance coverage, bad faith claims, and litigation of complex matters.

� The Todd Law Firm has announced that David Todd has become board certified by the Texas Board of Legal Spe-cialization in family law.

� Paul J. Van Osselaer has formed Van Osselaer Dispute Resolution, for the continu-ation of his national media-tion and arbitration practice, with emphasis on insurance coverage, bad faith, and risk transfer disputes. He was formerly a partner at Van Osselaer & Buchanan and re-mains Of Counsel to the firm, now known as Buchanan. DiMasi Dancy & Grabouski. 9600 Great Hills Trail, Austin, TX 78759

ACTION APPRAISAL CORP

Tom G. Wagner Texas Certification #1323538

512 470-8181 • [email protected]

We specialize in divorces & estates.

Trust our 38 years experience in Austin & surrounding areas.

Need an Appraisal?

Page 12: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

12 Austin Lawyer March 2014

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

Upcoming AYLA Events

AYLA Docket CallThursday, March 205:30 to 7:00 p.m.Rattle Inn 610 Nueces

Sponsored by LawPay

Women’s Resource FairSaturday, March 299:00 a.m. to 3:00 p.m.Schmidt-Jones Family Life Center1300 Lavaca St.

To volunteer, please contact Lauren Kleine at womensresourcefair@ hotmail.com. For more information on AYLA events, visit www.ayla.org.

AYLA is Here to Help!s your practice suf-fering because of a personal crisis? Are

you enduring tough times, but don’t know where to turn? The Personal Crisis As-sistance Program is here to help in your time of need.

PCAP was created in 1996 to support Austin-area attorneys who face an im-mediate need for temporary financial or practice as-sistance due to a personal crisis. The objective of this program, funded by the Aus-tin Young Lawyers Associa-tion Foundation, is to serve as a protection for lawyers and their clients

when personal emergencies harm a lawyer’s practice. PCAP is available to attor-neys who work or reside in Travis County and who are eligible for regular member-ship in AYLA.

PCAP includes two levels of short-term

assistance for law-yers in crisis:

� Financial – PCAP provides limited grant funds of up to $1,500 to assist an attorney who

is unable to fulfill certain

practice-related financial obligations due to a per-sonal crisis.

� Practice-Related – At-torney volunteers agree to handle professional mat-ters for the affected lawyer during the crises. To apply confidentially

for financial or practice as-sistance, please contact Deb-bie Kelly at 512-472-0279, x105 or by email at [email protected]. Regardless of how overwhelming the problem may seem, help is available. You have worked hard to build your career — PCAP is here to help you get back on your feet. • AL

Funded by the Austin Young Lawyers Association Foundation, PCAP serves as a protection for lawyers and their clients when personal emergencies

harm a lawyer’s practice.

I

Page 13: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

March 2014 Austin Lawyer 13

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

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. (512) 302-605198 San Jacinto Blvd. | Suite 370 | Austin, TX 78701 [email protected]

MEMBER: FINRA/SIPC, OFFERING GENERAL SECURITIES THROUGH SWS FINANCIAL SERVICES, INC.

AYLA Celebrates King’s Dreamn Jan. 20, as part of a nationwide cel-ebration of the life

and teachings of Dr. Martin Luther King, Jr., more than 100 young lawyers, friends, and family members par-ticipated in the Austin Young Lawyers Association’s fifth annual Day of Service.

Volunteers from AYLA, the Austin Black Lawyers Association, the Hispanic Bar Association of Austin, and the Austin Asian American Bar Association fanned out across the city, assisting a variety of local non-profit organiza-tions, including: � Helping Hands Home

for Children: Spent time with children coloring and preparing “I Have a Dream” collages. � BookSpring (with assis-

tance from HBAA): Sorted donated books to be given to children in low-income schools and clinics. � Dell Children’s Medi-

cal Center (through Little Helping Hands): Assembled Valentine’s decorations and cards for children receiving

care at Dell Chil-dren’s Hospital. � Austin Animal

Center: Took adoptable dogs on walks and gave them some much-needed play time outside their kennels. � Austin Chil-

dren’s Shelter: Played kickball and board games with children. � Perry Park

Work Day (through Little Helping Hands): Assisted in fertil-izing new trees and bushes in the park and helped remove invasive plant species. � Zilker Park Work Day

(through Austin Parks Foun-dation): Assisted in planting wildflower beds in Zilker Park.

By all accounts, AYLA’s participation in the 2014 National Day of Service was a big success, and the mem-

bers’ spirit of volunteerism made an impact across the community. Many thanks to the Day of Service co-chairs who organized this year’s event: Brandon Crisp, Jorge Padilla, and webmaster Aus-tin Kaplan.

If you are interested in learning more about AYLA’s

volunteer opportunities that take place throughout the year, please contact AYLA’s Community Service Days Committee Co-chairs Bran-don Crisp at [email protected] or Jorge Padilla at [email protected]. • AL

O

As part of the national Day of Service, AYLA members volunteered at the Austin Children’s Shelter. (from left): Andrea Rose, Drew Harris, Annette Villanueva, Ed Garris, Sam Rose, Liz

Castro, Dustin Blair, and Grace Giramma.

Page 14: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

14 Austin Lawyer March 2014

Has danger struck?

Shield yourself.

When nature doesn’t give you the protection you need, make sure you have the best liability insurance available.

Texas Lawyers’ Insurance Exchange offers affordable legal malpractice protection to over 5,000 Texas lawyers and judges. TLIE has been a consistent and reliable source of liability coverage for over 33 years. After you’ve been struck and a claim has been filed is not the time to wonder if you have dependable coverage. Make sure you do.

[email protected]

PERSONAL INJURY, COMMERCIAL, CONSTRUCTION & FAMILY DISPUTES

• Attorney in Texas for over 40 years• Board Certified Civil Trial Specialist, Texas Board of Legal Specialization (1988 - 2018)• Certified as a Mediator (A.A. White Dispute Resolution Center, University of Houston School of Law)• Certified as a Family Mediator (Dispute Resolution Center of Harris County, Texas) • Member - Austin Association of Mediators• FINRA Arbitrator • Certified by the Houston Maritime Arbitrators Association/former member• Fellow, Texas Bar Foundation

J O H N B . G E D D I Em e d i a t o r – a r b i t r a t o r

512-276- [email protected]

Animal Welfare Committee Becomes Animal Law Sectionfter several years of exponential growth in mem-bership and an active event schedule, the Animal Welfare Committee has transitioned into the Animal

Law Section, with a unanimous approval vote by the Austin Bar Association Board of Directors.

Initially, the Animal Welfare Committee was a joint commit-tee with AYLA and focused mostly on charitable events pro-moting animal welfare in Austin. More recently, the committee maintained a growing membership roster and a full calendar of events, including CLEs presented by Texas’ leading authorities on animal law issues. Continuing the original and popular com-munity outreach activities, the committee also worked to keep its members informed about state and federal animal welfare legislation.

The group felt it was important to transition into the Animal Law Section to show that its activities are not only charitable but also professional in nature, and that animal law issues are

all around us. While there are very few attorneys who focus solely on animal law issues, most attorneys will face an animal law issue at some point in their careers. Many bar associations across the country already have animal law groups, and many law schools now have animal law courses.

The new Animal Law Section will be led by the following officers: Kelley Dwyer (Chair/President); Nancy Nemer (Vice President); Rebecca Whitehouse (Treasurer); and Tara Potts (Secretary). The calendar year dues for the section are $25. To join a section, you must be a member of the Austin Bar. Join on-line at austinbar.org or contact Carol Tobias at [email protected] or 512-472-0279, x105.

The Animal Law Section plans to present another year of great activities in 2014, including CLEs on the new Texas Licensed Breeder Law and on upcoming animal welfare leg-islation. For more information about section activities, please contact Kelley Dwyer at [email protected]. • AL

A

Please join us

in congratulating

Sam D. Colletti

on his Board Certification

in Family Law

by the Texas Board of

Legal Specialization

Page 15: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

March 2014 Austin Lawyer 15

Law Day 2014: Why Every Vote Mattersne of our most cherished national ideals, expressed eloquently by Abraham Lincoln, is “government of the people, by the people, for the people.” It is a

principle enshrined in our nation’s founding documents, from the Declaration of Independence’s assurance that governments derive their powers from the consent of the governed, to the opening three words of the Preamble to the U.S. Constitution.

The right to vote is the very foundation of government by the people. For this reason, striving to establish and protect every citizen’s right to vote has been a central theme of American legal and civic history. Much of the struggle on voting rights began decades ago, but the work is far from complete, and a citizen’s right to cast a ballot remains at risk today.

As we approach the 50th anniversaries of the Civil Rights Act of 1964 and the Voting Rights Act of 1965, the 2014 Law Day theme, American Democracy and the Rule of Law: Why Every Vote Matters, calls on every American to reflect on the

importance of a citizen’s right to vote and the challenges we still face in ensuring that all Americans have the opportunity to participate in our democracy.

As part of this year’s Law Day celebration, the Austin Bar Association is sponsoring poster and essay contests among local elementary and high schools in the Austin area.

Please help us spread the word to local elementary and high school students. Contact Kat Hinson at [email protected] or at 512-472-0279, x107 for copies of fliers to distribute and if you have any further questions.

For a full list of requirements, visit the Austin Bar Association website at austinbar.org. All poster and essay entries must be submitted by 5:00 p.m., Wednesday, March 26.

Poster ContestCategories: (Must reflect the 2014 Law Theme)Kindergarten through Second GradeThird Grade through Fifth Grade

Prizes: First Place: $200 of art suppliesSecond Place: $100 of art suppliesThird Place: $50 of art supplies

Essay ContestCategory: (Must be written in response to “Why does my vote matter?”)Ninth Grade through 12th Grade

Prizes: First Place: $500Second Place: $250Third Place: $100• AL

O

John C. “Rusty” Allman Credentialed Mediator/arbitrator

all areas of Civil litigation

American Arbitration Association Labor Arbitrator

National Mediation Board Arbitrator/Mediator

Federal Mediation and Conciliation Service Private Arbitrator

Financial Industry Regulatory Authority Public Arbitrator

512-653-6009 [email protected]

allManadr.CoM

Page 16: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

16 Austin Lawyer March 2014

LAURA JACKS MEDIATION & ARBITRATION

LAURA JACKSMEDIATOR

ARBITRATOR

FORMER ASSOCIATE JUDGE

2463 Westlake Drive, Austin, Texas 78746

512-413-3275 • F: 512-342-7060

[email protected]

PROBATE • CIVIL LITIGATION • FAMILY LAW

Practical Fitness! Your Goals. In Less Time™!

www.practicalfitness.net 512.922.9816 North: 11602 Jollyville Road (Jollyville & Duval)

South: 3115 South First St. (South First & South Park)

"For busy professionals and people that

appreciate privacy"

by appointment only, private, 30-minute, once or twice-a-week  

REMODEL  AND  RESHAPE  YOURSELF,  RE-­‐ENERGIZE,  BE  MORE  PRODUCTIVE,  

ENJOY  MORE  OF  LIFE!  

MEMBER  SPECIAL  BENEFITS  

Thorough and Supportable Business Valuations Since 1996

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

Tel: (512) 476-8866www.financial-valuations.com

Page 17: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

March 2014 Austin Lawyer 17

upcoming events

Anatomy of an Administrative Hearing Seminar Join the Administrative Law Section for a day of train-ing and CLE covering an administrative hearing.

Time: 8:00 a.m. to 4:30 p.m.; happy hour to follow Location: Austin Bar, 816 Congress Ave., Suite 700 CLE: 7 hours including 1.5 hour ethics credit Cost: $100 for Section members, $125 for Austin Bar members, $150 for nonmembers. Registration fee includes coffee, light breakfast, lunch, snacks, happy hour reception, seminar materi-als, and parking validation. No refunds after noon on Monday, March 17, 2014.

Visit austinbar.org/sections/administrative for a regis-tration form.

Fourth Friday Members Only Free CLEJoin Judge Guy Herman for an update on the Travis County Probate Court.

Time: NoonLocation: Austin Bar, 816 Congress Ave., Suite 700Topic: Probate Court UpdateSpeaker: Judge Guy Herman, Travis County Probate CourtCLE: 1 hour creditCost: FREE; open to Austin Bar Association members only. Lunch will be provided.RSVP to Marissa at [email protected] or call 512-472-0279, x100.

Attendees are responsible for their own parking validations for the 816 Congress Ave. parking garage. Discounted validations can be purchased from the Austin Bar Association front desk for $3 (valid from 11:30 a.m. to 1:30 p.m.). Please have exact change.

TLAP Volunteer TrainingThe Texas Lawyers Assistance Program is hosting a training for volunteers in the Central Texas region on Friday, March 28, in Austin. The training is for those interested in helping lawyers who are experiencing substance abuse and/or mental health problems.

Time: 11:30 a.m. to 2:00 p.m. (lunch will be provided)Location: Law Offices of Bert Pluymen, Mira Vista Building, 2705 Bee Cave Road, Suite 225RSVP to TLAP at 1-800-343-8527 (Space is limited)

Note: Because this is a TLAP sponsored and orga-nized program, communications by and among train-ing participants are confidential. The rule of “what’s said here, who you see here, stays here” will apply.

MARCH

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.

19

28

Bench Bar to the XtremeJoin the Austin Bar Association and the AYLA Foundation for a day of Xtreme CLE on April 4!

Time: 9:00 a.m. to 5:30 p.m.Location: Austin Country Club CLE: 6.75 hours (incl. 2 hours of ethics) Cost: $275 for members; $375 for non-members

This year’s Bench Bar Conference promises impres-sive topics, great speakers, and close to 40 judges in attendance. You’ll get to hear from Austin lawyers who recently argued in front of the U.S. Supreme Court, play Ethics Jeopardy, and choose from a wide variety of breakout topics. Space will fill quickly.

Register today at austinbar.org!

APRIL

4

David C. Tucker CPA, RTRPPrincipal

David Tucker CPA PCyour success is our success

Lamar (main)9200 North Lamar, Suite 103Austin, TX 78753Fax: 512.462.2715

Parmer2207 West Parmer LaneAustin, TX 78727Fax: 512.410.5600

Email: [email protected] Office: 512.462.3656www.DtuckerCPA.com

xtremeBench BarFriday, april 4, 2014

tothe

Page 18: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

classifieds

March 2014 Austin Lawyer 18

Office Space

Sublease near Mopac and 2222. One attorney office and one legal assistant/secre-tary space. Use of conference room, kitchen, copier, fax, phone system, etc. 512-419-0684.

Elegant offices available in innovative, collaborative space concept in Austin-hip renovated warehouse with individual offices and common areas including: reception, conference room and kitchen. Tenants share bi-lingual reception staff. Shared areas are furnished with beautiful modern furniture and interesting modern art. We have offices of various sizes including private offices for experienced attorneys and a communal space for new lawyers wanting to embark on their own practice in a cost-effective space. Our stylish conference room is available for private con-ferences. We also provide secretarial/paralegal and translation services for an additional fee so that lawyers can use these services as

needed rather than hiring their own full-time staff. Each lawyer will be listed on our highly successful website and referrals will be made to lawyers in the collaborative office environment. We hope to create a dynamic syner-getic relationship between new lawyers and experienced lawyers, sharing ideas and providing mentorship. New lawyers can also gain experi-ence supporting experienced attorneys in their cases. If you are interested in viewing the space, please contact our Communications Assistant, Angela Gonzalez at 512-485-3003 or [email protected].

Convenient downtown loca-tion just northwest of I-35 Lady Bird Lake. Individual law offices available. Use of kitchen, copier, fax, phone system, janitorial service, utilities, receptionist, secu-rity system, and free parking included. Spivey & Grigg, LLP, 48 East Avenue. Contact Building Manager, Mike Hatch at 512-785-0436.

Law office available one block from courthouse. Use of kitchen, conference room, janitorial service, WIFI, and utilities. Parking garage available. [email protected] or 512-708-9814.

Job Market

Associate attorney sought for small Austin firm to do real estate transactional work, as well as real estate and commercial litigation support work, such as drafting and research. Must be licensed in Texas and have strong

academics and experience with both litigation and transactional work strongly preferred. Prefer 2-6 year lawyer, though will consider more experienced lawyers.

For Austin Lawyer classified advertisement pricing, reservation deadlines, and placement details, please contact Chellie Thompson at Monarch Media & Consulting, Inc., [email protected] or 512-293-9277.

Roy Rector and Reid Wittliff

Digital Forensics and Evidence ServicesExtensive Experience and Proven Expertise

in Digital Investigations

www.r3forensics.com (512) 874-6102 • 1803 West Ave., Austin, TX 78701

Page 19: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as
Page 20: lawyer - Home - Austin Bar Association · report, advice letter, e-mail memo, motion, brief, CLE paper, whatever) needs a solid organizational plan. The order matters. But just as

As a rule, Texans generally take their time warming up to something new. But we’re also quick to recognize folks that get it right from the get go. Like Broadway Bank.

As a strong, family-owned Texas bank, you deal directly with straight-talking bankers who know the flavor of your business and community. Meet our Austin Loan Stars:

OUR AUSTIN BANKING TEAM (L TO R):Dave Edwards, Private BankerRoger Bott, Private BankerLaurie Logue, Commercial Real Estate BankerCharlton Laird, Retail District Sales ManagerHarvey Hartenstine, President-Austin RegionStephen Jeffrey, Private/Business BankerKara Pinnelli, Commercial BankerCliff Bandy, Private/Business Banker

800.531.7650 | broadwaybank.com | Member FDIC

AUSTIN911 W. 38th St .512.465.6550

BEE CAVE12101 Bee Caves Rd., Bldg. 3

512.465.6510

DRIPPING SPRINGS320 E. U.S. Hwy. 290

512.858.1039

THE

LOAN STARS OF TEXAS

A FAMILY-OWNED TEXAS BANK

BBA_ALawyer Ad_Feb2014.indd 1 1/23/14 8:37 AM