AUSTINLAWYER. Travis County Joint Primary Elections To Be Held March 1 T

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1 AUSTINLAWYER Official Publication of the Austin Bar Association austinbar.org February 2016 Volume 25, Number 1 Travis County Joint Primary Elections To Be Held March 1 T ravis Your involvement will greatly Firefighters, Police Officers, and impact the future of Austin s legal Emergency Medical Services Civil community. Services Personnel Civil Service Commission. County will hold its joint primary elections on Tuesday, March, 1, Early voting will take place from Feb. 16 to Feb. 26. Local elections will be held on Saturday, May 7, In addition to deciding on a new Travis County District Attorney, voters will be asked to vote in three District Judicial races. Also on the ballot is a race for Sheriff and Constables in Precincts 1, 2, 3, and 4. Candidates Running for Travis County District Attorney Gary Cobb (Democrat) is an Assistant District Attorney with the Travis County District Attorney s Office. Cobb has prosecuted defendants in approximately two hundred jury trials. Currently, he is the Director of the Grand Jury Division In addition to deciding on a new Travis County District Attorney, voters will be asked to vote in three District Judicial races. Also on the ballot is a race for Sheriff and Constables in Precincts 1, 2, 3, and 4. and was previously on the faculty at the National District Attorneys Association. He has been an active volunteer in various community organizations, including the Men and Boys Conferences and the Council on At-Risk Youth. Cobb formerly served two terms as a member of the District 9-3 Grievance Committee of the Texas State Bar and is a former member of the Commission for Lawyer Discipline. He is immediate past-chair of the Texas District and County Attorneys Association s Diversity, Recruitment, and Retention Committee, and served as Chairperson of the City of Austin Margaret Moore (Democrat) has spent almost all of her legal career in public service. A graduate of the University of Texas School of Law, she was licensed continued on page 8 In accordance with the policies of the Austin Bar Association, a Judicial Preference Poll will be ed to Bar members beginning Feb. 1, The poll will close at 4 p.m. on Friday, Feb. 12. The purpose of this poll is to give citizens an opportunity to see how local attorneys who appear before them evaluate the judicial candidates. While the Austin Bar Association does not endorse any particular candidate, it does encourage its members to exercise their right to vote. Please be involved in the civic process. Participate in the Judicial Preference Poll and cast your vote. of the DA s Office. He received his undergraduate degree from Mississippi State University. Cobb graduated from the University of Texas School of Law in 1986 and took his first job with the Texas Youth Commission as a Senior Hearings Examiner, later serving as a municipal court prosecutor with the City of Austin. In 1990, he became a felony prosecutor with the Travis County DA s office. Cobb has lectured for the Texas District and County Attorneys Association, for the Austin Criminal Defense Lawyers Association, The State Bar of Texas travis county joint primary elections Candiates for Office travis county District Attorney Gary Cobb (D) Margaret Moore (D) Maura Phelan (R) Rick Reed (D) Travis County District Judge, 345th Judicial District Melissa Mather (D) Jan Soifer (D) Travis County District Judge, 427 th Judicial District Judge Jim Coronado (Incumbent; D) Tamara Needles (D) Travis County District Judge, 450th Judicial District Don Clemmer (Appointed Incumbent; R) Chantal Melissa Eldridge (D) Brad Urrutia (D)

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3 AUSTINLAWYER february 2016 Volume 25, Number 1 INSIDE Featured articles 1 Travis County Joint Primary Elections To Be Held March 1 11 Austin Chapter of American Board of Trial Advocates Presents the Inaugural Dick McCarroll Award 12 Take Action at the Austin Bar 15 Free Legal Assistance Available for Texas Storm Victims 16 Happy Valentine s Day from the Fit Bar online austinbar.org news & Announcements A New Look for Austin Lawyer Welcome to the first issue of the newly redesigned Austin Lawyer. Texas Legal Announces New Plans & Benefits for 2016 Texas Legal adds benefits to an already extensive list of services. Congratulations to the 2016 AYLA/Austin Bar Leadership Academy Class The Austin Bar/AYLA are proud to welcome 21 attorneys to the 2016 Leadership Academy Class. State Bar of Texas Provides Resources for Closing a Law Practice Find resources, sample checklists, court documents, and correspondence. Departments 6 President s Spotlight 13 Opening Statement 17 3 rd Court of Appeals Update 18 Minority Bar Spotlight 19 Briefs 20 AYLA 22 Classifieds /Ad Index events & More FEB 1 FEB 10 FEB 27 Judicial Preference Poll Ballot ed from Ballot Box 2016 Leadership Academy Luncheon Speaker: Senator Kirk Watson Fit Bar Boxing Class 12-1:30 p.m. Pre-registration required. contents connections Online austinbar.org Nancy@austinbar.org mail Nancy Gray Managing Editor Austin Bar Association 816 Congress Ave., Suite 700 Austin, TX social Like facebook.com/austinbar follow twitter.com/theaustinbar watch vimeo.com/austinbar text austinbar to for up-to-date news + info Message & data rates may apply. Family Law Specialist Tim Whitten has practiced in family law since He has been certified as a Family Law Specialist by the Texas Board of Legal Specialization. Creative Solutions to Family Law We help people resolve their family law issues in a way that protects their interests and preserves their family relationships. Most family law cases can be difficult both from an emotional and financial perspective. We believe in reducing the emotional and financial stress by offering our clients alternative options to resolve their disputes, such as collaborative law, mediation and limited scope representation. Our firm also believe that clients reach better results when they resolve disputes cooperatively. However, when that isn t possible, we commit ourselves to the ethical resolution of adversarial litigation. Service Options for Varied Clientele We provide a variety of services to clients of all backgrounds. Two of our lawyers charge different hourly rates, accommodating people with differing financial needs. We also offer full scope and limited scope representation, so that our clients can choose the way they want to allocate their resources. Adoption Grandparent or Non-parent Rights Collaborative Law High-Asset Divorce Modifications of Custody, Possession & Support 812 San Antonio Street, Suite 401, Austin, TX whitten-law.com info@whitten-law.com (512) february 2016 AustinLawyer 3

4 AUSTINLAWYER Official PublICATIOn of the Austin Bar Association Austin Bar Association Judge Eric Shepperd... President Leslie Dippel... President-Elect Amy Welborn... Secretary Adam Schramek... Treasurer Judge Elisabeth Earle... Immediate Past President Austin Young Lawyers Association Chari Kelly... President Katie Fillmore... President-Elect Jorge Padilla... Secretary Austin Kaplan... Treasurer Amanda Arriaga... Immediate Past President Austin Lawyer 2016 Austin Bar Association; Austin Young Lawyers Association Executive Offices 816 Congress Ave., Suite 700 Austin, TX Website: austinbar.org Ph: Fax: DeLaine Ward... Executive Director Nancy Gray... Managing Editor Debbie Kelly... Director of ayla Kennon Wooten... Editor-in-Chief Britni Rachal... Editorial Assistant Austin Lawyer (ISSN # ) is published monthly, except for July/August and December/January, at the annual rate of $10 of the membership dues by the Austin Bar Association and the Austin Young Lawyers Association, 816 Congress Ave., Suite 700, Austin, Texas Periodicals Postage Paid at Austin, Texas. POSTMASTER: Send address changes to Austin Lawyer, 816 Congress Ave., Suite 700, Austin, Texas Austin Lawyer is an award-winning newsletter published 10 times a year for members of the Austin Bar Association. Its focus is on Austin Bar activities, policies and decisions of the Austin Bar Board of Directors, legislation affecting Austin attorneys, and other issues impacting lawyers and the legal professionals. It also includes information on decisions from the Third Court of Appeals, CLE opportunities, members and committees accomplishments, and various community and association activities. 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 Association 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. Published by Monarch Media & Consulting, Inc. Ph: Fax: monarchmediainc.com Advertising inquiries call AustinLawyer february 2016

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6 President s spotlight Judge Eric Shepperd, County Court of Law #2 Let s Start Each Day With Something Positive Judge Shepperd and his parents, who planted the right seeds in his life. There is a video that has been making the rounds on Facebook and was featured recently on the Today Show. You might have seen it a young boy is sitting in a car seat behind his dad, who is in the driver s seat. Rather than simply saying, Have a great day, or Make good choices, this dad coaches his son to recite a pledge on how to make it a good day. Phrase by phrase, the dad, Jenabu Williams, leads his son, Joshua, in reciting the pledge every day before school. Joshua appears to be about six years old and out of his mouth come these words: Today is going to be a good day. I thank God for waking me up today. I m going to school so I can learn, go to college, and be the leader God has created me to be. Today, I ll be empowered by my teachers with the tools to be successful within my community and throughout the country. I apply myself daily, I study, and I ask questions when I don t understand. When I m confronted with a problem or conflict, I think before I react. I ignore all negative influences in the classroom and throughout the school day. I am extremely proud to be the next generation of Christian leaders. I accept the responsibility and I love the challenge. Mr. Williams ends the video by looking into the camera and saying, Start the day off with something positive. Our kids can learn. It s our job to teach them. Let s go. It s easy to imagine Joshua in a few years saying these words completely on his own. The words will become ingrained, the sentiments internalized, the pledge fulfilled. Not everyone has a dad like Mr. Williams. Not everyone has a son like Joshua. But every child deserves to have someone in his or her life who cares enough to speak words like this to the child s soul. Sadly, even in the best of circumstances, this doesn t always happen. When a child has a parent who is incarcerated, the chances of the child hearing such words is almost non-existent. The Seedling Foundation understands this and is working to do something about it. Their stated mission is to support children challenged by parental incarceration with innovative, research-driven, school-based mentoring. By spending minutes per week with a child during the child s lunch period at school, a mentor can plant the seeds of positivity in the child s life. As members of the legal community, we know first-hand what happens to kids who grow up without hearing the words that Joshua hears every day on the way to school. The Seedling Foundation offers a platform on which we can stand and whisper (or shout, if necessary) the words all kids so long to hear. Be a Seedling Foundation mentor. These kids can learn. It s our job to teach them. Let s go. > The Seedling Foundation s Mentor Program F ounded in 1997 by Austin Bar member John. C. Blazier, Seedling Foundation provides school-based mentoring for children of incarcerated parents. From the beginning, Blazier led with the philosophy of As go the public schools in our community, so goes the health and well-being of Austin. The organization s roots are in its concern for the safety, well-being, and prosperity of Austin s public schools, their students, their families, and their facilities. In 2006, the Seedling Mentor Program was born at the request of a group of AISD principals concerned about the growing number of students affected by the incarceration of one or both of their parents. Throughout Central Texas, children of parents in the Texas prison system go to school and live with pain and stigma. The children are often doing time right along with their parents. They have lost their stability. They have often lost their home. Their future is insecure. They are at greater risk for academic and emotional problems which could result in risky behaviors and, potentially, encounters with the criminal justice system themselves....children of parents in the Texas prison system go to school and live with pain and stigma. The children are often doing time right along with their parents. The vision of Seedling Foundation is one where all children have the support they need to achieve and prosper despite life challenges and circumstances. Seedling s mentors are volunteers from the community who are matched with eligible children in Austin area schools. Through partnering with school districts, the organization offers ongoing support to both the children and mentors, who help provide stable, long-term relationships for the students and help them develop and maintain positive attitudes about school. Mentoring can provide the caring, consistent presence of an adult friend that research has shown to be a major protective factor in building resilience among at-risk youth. Mentors could be the reason that a child decides to go to school instead of getting into trouble. They could be the reason children take an interest in music, art, or sports. Most importantly, they can provide compassion and companionship to children who are in high-risk situations. Since its inception, Seedling Foundation has served over 1,600 students, with a presence at one time or another on 150+ campuses in 11 districts and 16 charter schools in Austin and surrounding school districts. Much of the success of the program can be attributed to the depth and longevity of the mentoring relationship. The retention rate for Seedling mentors is 75 percent, far exceeding the national average. Over and over again, mentors report getting as much, or more, from the mentoring relationship as the student does. Seedling Foundation thoroughly screens and trains mentors and matches them with a specific student. They provide multiple avenues for ongoing training and support, and monitor the health of the relationship throughout the process. Once matched and trained, the mentor spends minutes per week having lunch with the child at school. One lunch period a week can change the life of a child. For more information on the Seedling Foundation and how to become a mentor, visit seedlingfoundation.org, info@seedlingfoundation.org, or call AL 6 AustinLawyer february 2016

7 Welcomes Lynn Rubinett and Lucius Bunton KenDavison Greg Bourgeois Eric Galton David Moore Kim Kovach Fred Hawkins Ben Cunningham Lynn Rubinett Lucious Bunton To schedule a mediation with Lynn or Lucius, MICHAEL G. BURK BUSINESS LITIGATION MEDIATOR Creative Solutions For Common and Complex Disputes: Business Ownership Management (512) TRIAL PRACTICE: (512) february 2016 AustinLawyer 7

8 Travis County Joint Primary Election Candidates continued from cover in Her employment history includes: legal counsel to Texas House of Representative committees (1974, 1975); Travis County Juvenile Public Defender, appointed by the Commissioners Court in 1976; Travis County Assistant District Attorney ( ); Travis County Attorney ( ), and Assistant Attorney General, Civil Medicaid Fraud Division ( ), where she was lead counsel in one of the top jury verdicts of In addition to prosecuting felony, misdemeanor, and civil fraud cases, Moore was Precinct 3 Travis County Commissioner twice, appointed by the County Judge to serve unexpired terms ( , ). While County Attorney, she instituted the use of videos to enhance DWI evidence, the first deferred prosecution program in Travis County, and new programs for offenses like theft by check to increase collections and reduce recidivism. As a County Commissioner, she was instrumental in securing additional county funding for Emergency Services and expanding the Balcones Canyonlands Preserve. Moore also chaired the Travis County Child Welfare Board and served on the Emergency Services District #9 Board of Commissioners. Maura Phelan (Republican) has over 20 years of experience in trial and appellate litigation. Licensed in Texas since 1990, she was certified as a specialist in Criminal Law by the Texas Board of Legal Specialization from 1996 to She handled trial and appellate matters in state courts as a prosecutor, and in state and federal court for individuals and businesses. Phelan began her legal career as an associate at the law firm of McDonough & Horne handling commercial litigation and white-collar criminal defense in Houston, Texas before becoming an Assistant County Attorney in Williamson County. She subsequently spent 12 years with the Travis County District Attorney s Office where she tried more than fifty jury trials, represented the State in hundreds of hearings, and argued appellate issues before the Court of Appeals. Phelan has served as a lead prosecutor in misdemeanor and felony courts, head of the Lottery division, and in specialty divisions including: Child Abuse, Grand Jury, Public Integrity, Child Protection, Sex Offender Registration, Repeat Offender, Motor Fuels Tax Fraud, and Special Prosecution Complex Litigation. Now in private practice, Phelan handles fiduciary litigation, construction disputes, probate, administration law, family law, and business litigation matters. Phelan has been a CASA Training Instructor, a DPS Training Instructor, and an advisor to the board of the People Against Violent Crime. Rick Reed (Democrat) At press time, no photo or bio was submitted. Candidates Running for Travis County District Judge 345 th Judicial District Melissa Mather (Democrat) graduated from the University of Virginia Law School in In the almost 19 years since, she has clerked for a federal appeals court judge, worked in firms on complex civil and criminal cases in Austin and New York, and also had her own practice focused on representing individuals and small businesses. Mather taught civil rights and appellate advocacy at the University of Chicago Law School from She taught at the University of Texas Law School in Mather now works for the State of Texas handing complex financial litigation for state agencies. According to Mather, fairness and respect for everyone is a value she grew up with. Raised in a conservative family in South Carolina, her first debating partner was her father. While he never convinced her to side with his politics, he did teach her that you can have respect and compassion for another person s point of view, even when you disagree. She and her husband, Erich, have three children, Miles, age 9; Reese, age 6; and Adele, age 2. Jan Soifer, (Democrat) a partner in O Connell & Soifer, has handled virtually every type of case appearing in the 345 th District Court, on both sides of the docket. Most recently focusing on fraud and commercial litigation, Soifer represents whistleblowers in False Claims Act cases, primarily alleging Medicare and Medicaid fraud, including a recent case with a $98 million settlement; recently successfully represented a same-gender couple suing the Hood County Clerk for refusing to issue a marriage license after the Obergefell decision; and represents Texas abortion providers in their lawsuit against the State challenging restrictive provisions of HB2 (currently in the U.S. Supreme Court). Soifer graduated from Yale University in 1979 and UT School of Law in She served three years as Deputy Chief of the A.G. s Consumer Protection Division, and also has been a partner in large and mid-sized law firms. She was an adjunct faculty member at UT School of Law from , teaching trial advocacy while practicing law full-time. A former President of the Austin Bar Association and the Austin Young Lawyers Association, and a former Director of the State Bar of Texas, Soifer has received multiple professional honors, including being named Outstanding Young Lawyer in Texas by TYLA in 1991 and Outstanding AYLA Alumnus in For her work as the President of Volunteer Legal from Top, left to right: Candidates for Travis County District Attorney: Gary Cobb; Margaret Moore; Maura Phelan; Candidates for Travis County District Judge 345th Judicial District: Melissa Mather; Jan Soifer; Candidates for Travis County District Judge 427th Judicial District: Judge Jim Coronado; Tamara Needles; Candidates for Travis County District Judge 450th Judicial District: Don Clemmer; Chantal Melissa Eldridge; and Brad Urrutia. Services of Central Texas, Soifer received the 1995 J. Chrys Dougherty Award for exemplary dedication and commitment to the principle of access to justice for all. 427th Judicial District Judge Jim Coronado (Incumbent; Democrat) serves as the 427 th District Court Judge. Prior to his election, he served as Travis County District Court Criminal Magistrate from He served contemporaneously as Municipal Judge in the cities of Kyle and Austin from He has served as a judge for over 27 years. Judge Coronado is past Director of the State Bar of Texas and served on the Executive Committee. He is past President of the Austin/Travis County Bar Association. He also served as a Trustee of the Texas Bar Foundation. Judge Coronado was a founding member of the Mexican-American Bar Association of Texas and its President in In 1990 he was elected the National Vice- President of the Hispanic National 8 AustinLawyer february 2016

9 Bar Association. Judge Coronado is recognized for service to his profession and community. In 1991 he received a Distinguished Service Award from the City Of Austin for his work on juvenile crime and gang violence. In 1995 he received the Judge Reynaldo Garza Lifetime Achievement Award from the Hispanic Issues Section of the State Bar for his dedication to increasing diversity and improving economic opportunity for minority lawyers. He was the youngest recipient ever of this award at age 44. In 1999 he received a Presidential Citation from State Bar President Richard Peña for his service to the State Bar working to increase diversity and opportunity in the profession. Judge Coronado is a Life Fellow of the Texas Bar Foundation and a Master Emeritus in the Robert Calvert Inn of Court. Tamara Needles (Democrat) is a transplant to Austin from West Texas. She received her undergraduate degree in 1992 and her law degree in 1997 from Texas Tech University. Prior to attending law school, she taught tenth grade English at her high school alma mater in Big Spring, Texas. After completing law school, she practiced criminal and family law as a solo practitioner in Lubbock. Over the past 16 years, Needles has been an Austin-area criminal defense attorney. For 15 of those years, she maintained her own private practice representing persons charged with crimes of the most serious nature including murder, sexual assault, and gun possession. Over the span of her practice, she has represented hundreds of persons charged with felonies and tried over 35 felony jury trials. Needles single-handedly runs her criminal law practice serving Travis, Hays, Comal, and Caldwell counties where she has dedicated the majority of her practice to indigent defense. In addition, she manages to give back to the community through her service to Mobile Loaves and Fishes, the Juvenile Diabetes Research Foundation, and Lake Hills Church. She is the proud mother of a 16-year-old son who attends Westlake High School and three lovable pups. 450th Judicial District Don Clemmer (Incumbent; Republican) was appointed judge of the 450th District Court by Gov. Greg Abbott on Oct. 12, Judge Clemmer previously served as Gov. Abbott s Deputy General Counsel, and prior to that as then-attorney General Abbott s Deputy Attorney General for Criminal Justice supervising that office s criminal investigations, prosecutions, and appeals. Prior to joining the Attorney General s office, Judge Clemmer worked for ten years as an Assistant District Attorney in Harris County prosecuting misdemeanor and felony cases before his final assignment to the Organized Crime Judicial Preference Poll Feb 1 12, 2016 Your participation in the poll gives citizens an opportunity to see how local attorneys who appear before them evaluate the judicial candidates. Please cast your vote. Your vote impacts the future of Austin s legal community. Division where he handled, among other things, the prosecution of all asset forfeiture cases filed in the county. Judge Clemmer is the author of A Guide to Asset Seizure and Forfeiture, a trial practice manual published by the Texas District and County Attorneys Association. He received a Bachelor of Science degree from the University of Texas in 1978, and a J.D. from the ROBERT M. CAIN, MD Board Certified Neurologist 42 Years in Austin EXPERT WITNESS Fair. Dependable. Accurate. neurologyaustin@juno.com (512) TRAUMATIC BRAIN INJURY & SPINE References Available Upon Request february 2016 AustinLawyer 9

10 upcoming election dates joint primary election: March 1, 2016 early voting: February 16-26, 2016 Local elections: May 7, 2016 University of Houston in Judge Clemmer grew up in Abilene and is a fifth generation Texan. He has lived in Austin since 1992 and has one daughter, Kelly, an RN at St. David s Hospital, and a son, John, who is a senior at Texas State University. Chantal Melissa Eldridge (Democrat) is a criminal defense attorney based in Austin since She has been a practicing attorney for over 26 years after graduating summa cum laude from Santa Clara University School of Law in She interned for the Federal Public Defender s Office and Justice Arguelles of the California Supreme Court while in law school, and upon graduation, she clerked for Judge William Ingram, Chief Judge for the Northern District of California. She has practiced both civil and criminal law, specializing in the latter since Practicing in Central Texas, she has won felony jury trials at every level, including appeals. Two victories directly changed state law in Texas and Tennessee. In 2015, she was made a Fellow of the Texas Bar Foundation. Her career has been defined by shattering the negative stereotypes attributed to indigent defense attorneys. As judge, Eldridge pledges to work with community partners to establish a medication compliance program for newly released inmates suffering from mental illness. In addition, she says she will push Travis County to stop the criminalization of poverty by ending the prohibition on personal bonds for people without a permanent address. Brad Urrutia (Democrat) is a lifelong Austinite, leaving only for the Army and law school. Since being admitted to the bar in 1996, his practice has been focused on criminal defense. He has tried many high profile cases during his career, including five capital murder cases. In the past five years, Urrutia has had more felony jury trials than any other criminal defense lawyer in the county. Over the years, Urratia has been committed to representing indigent clients charged with the most serious crimes. The majority of his practice is dedicated to indigent defense which includes undocumented Spanish-speaking defendants. As a veteran, Urrutia wants to expand the Travis County Veterans Court to the District Court level so more veterans suffering from PTSD can have greater access to services and an opportunity to avoid a felony conviction. Urrutia is passionate about helping youthful offenders and believes that real criminal justice reform begins at the local level with a judge willing to give non-violent offenders a second chance. That s why he supports expanding the Felony Pretrial Diversion and Youthful Offender programs. He is married to Amber Urrutia and has four children: Jacob, Joshua, Devin, and Charleez. AL PATRICK KEEL Mediator Arbitrator Former District Judge Maitreya Tomlinson Brandy Wingate Voss D. Todd Smith Laura P. Haley Smith Law Group was founded by appellate specialist D. Todd Smith, a member of the Austin Bar Association Board of Directors and a Life Fellow of the Austin Bar Foundation. Handling Civil Appeals and Supporting Trial Counsel Statewide office mobile AustinLawyer february 2016

11 Austin Chapter of American Board of Trial Advocates Presents the Inaugural Dick McCarroll Award T he Austin chapter of the American Board of Trial Advocates hosted its Annual Holiday Judicial Dinner on Dec. 10, 2015, at the J.W. Marriott. Guests included 18 judges, justices, and magistrates from the Austin-area federal and state judiciary. Also in attendance were the national president of ABOTA, Joel Collins from South Carolina, and the president of the ABOTA foundation, Carlyle Chapman from Dallas. The highlight of the evening was the presentation of the inaugural Richard T. Dick McCarroll Award for Civility and Professionalism to Dick McCarroll. McCarroll is a pillar of the Austin legal community and a name partner of the Brown McCarroll law firm. He was also a founding member and former president of the Austin chapter of ABOTA. McCarroll was joined at the dinner by his wife, Missy, his sister and brother, and his children. Four new members of ABOTA were also introduced: Shannon Ratliff, Eric J. R. Nichols, James Ruiz, and Jeff Edwards. AL (from left) Tommy Jacks, Dick McCarroll, and ABOTA chapter president, Robby Alden. TLIEmployees Because of our remarkable staff, Texas Lawyers Insurance Exchange has been voted best professional liability insurance company in Texas four years in a row by Texas Lawyer magazine. Those same noteworthy employees and over 35 years in the business are why TLIE is also a Preferred Provider of the State Bar of Texas. Not to mention, we have returned over $36,550,000 to our policyholders. See why our employees make the difference / INFO@TLIE.ORG / Jason Syesta, Director of Member facebook.com/tlie01 THE LITIGATION, CO-COUNSEL TRIAL TEAM FOR SOLO AND SMALL FIRM PRACTITIONERS Negotiate With Confidence - Our Trial Team Has Your Back Meghan Alexander David M. Gottfried Michael Jurgens Tara Gillespie february 2016 AustinLawyer 11

12 Take Action at the Austin Bar Consider a leadership position on the Austin Bar Board of Directors in A ustin Bar members are an active bunch. They are leaders in their firms, their communities, and their world. They work to make a difference and care deeply about the law, while juggling family commitments and responsibilities to multiple civic groups, non-profits and faith organizations. This is especially true of those who lead the Austin Bar Association. The dedicated, passionate, and talented lawyers on the Austin Bar Board of Directors are in the unique position of significantly impacting the Austin legal profession and the community at large. They serve as officers, chair its committees, and lead its sections. If you ve been active in the Austin Bar and would like to join this dynamic leadership team, now is the time. If you are interested in running for a position as an officer or on the Board of Directors for the Austin Bar, please send a resume along with the desired position by Friday, Feb. 26, to: Austin Bar Association, ATTN: Nominating Committee, 816 Congress, Suite 700, Austin TX Officer positions are one-year terms; director positions are for two years. Nominees for the office of president-elect shall have served at least two years on the Board of Directors prior to assuming office. The Nominating Committee s decision will be announced on or before Tuesday, March 15. The number of candidates to be nominated for each position shall If you ve been active in the Austin Bar and would like to join this dynamic leadership team, now is the time. be left to the discretion of a majority of the Nominating Committee. Any qualified member not receiving the nomination of the committee may be included on the ballot by submitting a written petition signed by 75 members of the Austin Bar. Such written petitions must be submitted by April 10. Voting will be conducted via electronic ballot in May. Contact Austin Bar Executive Director, DeLaine Ward, at DeLaine@ austinbar.org with questions about the nomination or election process. AL feb 26 Austin Bar Board Nominations Due Austin Bar offices questions: DeLaine@austinbar.org CELEBRATING 20 YEARS Thorough and Supportable Business Valuations Since AustinLawyer february 2016

13 Opening statement Mastering Coordinate Modifiers Use two tests to help you decide the best punctuation for clarity. by Wayne Schiess, Legalwriting.net In this column I ll discuss coordinate modifiers. You might recall a similar topic discussed here not long ago: compound modifiers words that modify a noun jointly and, under the rules of professional writing, take a hyphen: new-customer discount, little-used car, family-law practice. The hyphen connects and clarifies these modifiers. Yet as I acknowledged, hyphenating compound modifiers can be tricky in legal writing, and you have to use good judgment. If you re fascinated by the subject or would like more guidance, there s now a full law-review article on it: Joan Ames Magat, Hawking Hyphens in Compound Modifiers, 11 Legal Comm. & Rhetoric: JALWD 153 (2014). Coordinate modifiers don t take hyphens. They take commas, most of the time, and they can be tricky too. Here are the basics: coordinate modifiers (also called coordinate adjectives) modify a noun separately or independently. You use a comma to separate them instead of a hyphen to connect them. For example, here are three sets of modifiers: a. the standard approved interpretation; b. an overstated implausible illogical argument; and c. a contentious discovery dispute. To decide how to punctuate these modifiers, you can use two tests. The first test. See if you could put the word and between the modifiers; if they still make sense, you ve got coordinate modifiers, and you need a comma to separate them. In fact, as June Casagrande points out in The Best Punctuation Book, Period, that s why they re called coordinate modifiers because they can be separated with the coordinating conjunction and. Let s try it. a. the standard and approved interpretation. Correct. So we properly punctuate with a comma: the standard, approved interpretation. b. an overstated and implausible and illogical argument. Correct. As you can see, we have a series of three, which could be appropriately punctuated with two commas: an overstated, implausible, illogical argument or with two commas plus and: an overstated, implausible, and illogical argument. c. a contentious and discovery dispute. Incorrect. The words contentious and discovery aren t modifying dispute in the same way. In fact, contentious is an adjective, but discovery is a noun that, although it seems to be modifying dispute, is really part of the compound noun discovery dispute. So no comma: a contentious discovery dispute. Yes, nouns can modify nouns, but it s likely the writer considers discovery dispute a compound noun a single unit. (By the way, compound nouns come in three types. One word: eyewitness; hyphenated: nation-state; and two words: subject matter.) Why no comma after contentious? We don t place a comma directly before the modified word. Wrong: a radical, expansion. That s true even if the modified word is a compound noun. Wrong: a complex credit, transaction. The second test. See if you could change the order of the modifiers; if they still make sense, you ve got coordinate modifiers, and you need a comma to separate them. a. the approved, standard interpretation: Correct. b. an illogical, overstated, and implausible argument: Correct. c. a discovery and contentious dispute: Incorrect. So leave out the comma and put the modifiers in their original, sensible order. These two tests usually work, but you sometimes encounter tricky modifiers that become a matter of intent, according to Casagrande in The Best Punctuation Book, Period. Sometimes the first word is actually modifying the second modifier, not the following noun; in that case you need no comma. Or you might have mixes of compound and coordinate modifiers that require commas and hyphenation. For example: d. a bright red tie. Bright modifies red, not tie, so no comma: a bright red tie. e. uncooperative senior water rights holders. You might disagree, but here s my take: uncooperative modifies holders and is a coordinate modifier that takes a comma; senior modifies water rights, not holders, and takes no comma (remember: no comma right before the modified noun); and water rights is a compound modifier of holders and takes a hyphen. So: uncooperative, senior water-rights holders. Coordinate modifiers are like many things in legal writing. The best approach is to inform yourself, use your best judgment, and strive for clarity. AL Constable 5: your efile service experts. ~ Constable Carlos B. Lopez The Courthouse Constable Constable Carlos B. Lopez 1003 Guadalupe Austin, TX Office Fax Request Constable 5 for efile process service (more info at constable5.com) Convenient online Service Check, 24/7 All-inclusive fee includes Rush, Skip- Trace, Research, and exclusive access to law enforcement databases Daily delivery to State of Texas offices Delivery throughout Travis County and to surrounding counties february 2016 AustinLawyer 13

14 Guided by COMPASSION. Driven by RESULTS. Partners, left to right: Travis L. Turner, Leslie J. Bollier, Michael Burnett, James W. Piper Introducing the Family Law Firm for Austin. Piper Burnett Turner Bollier, PLLC 6034 W. Courtyard Dr., Ste. 140 Austin, Texas piperburnett.com At PiperBurnett, family law is all we do and our approach has been recognized with such accolades as Super Lawyers, Best Lawyers, and Best Law Firms. If you want an attorney who empathetically listens to your concerns while fearlessly fighting to protect your interests, call us to arrange an initial consultation. PiperBurnett. Your Professional Advocate. Your Personal Ally. BOARD CERTIFIED FAMILY LAW Texas Board Of Legal Specialization James Piper Michael Burnett Travis Turner Leslie Bollier THE BEST LAWYERS IN AMERICA, Woodward White, Inc. James Piper (Family Law, 2016) Michael Burnett (Family Law, , Commercial Litigation, 2016) Travis Turner (Family Law, ) TEXAS SUPER LAWYERS, Thomson Reuters James Piper ( ) Michael Burnett ( ) Michael Burnett (2015 Top 50 Central/ West Texas Super Lawyers) TEXAS RISING STARS, Thomson Reuters Michael Burnett (2005, ) Travis Turner (2009, ) Leslie Bollier ( ) AV-RATED BY MARTINDALE-HUBBELL James Piper Michael Burnett Travis Turner

15 Free Legal Assistance Available for Texas Storm Victims The State Bar of Texas, the American Bar Association, and the Federal Emergency Management Agency partner to help bring legal assistance to Texas residents. F ollowing the recent flooding and severe weather in Texas, the State Bar of Texas, the American Bar Association (ABA), and the Federal Emergency Management Agency (FEMA) have partnered to help provide free legal assistance to individuals affected by the storms. A toll-free legal hotline, , is available to connect low-income individuals affected by the disaster with local legal-aid providers who can help with: assistance securing FEMA and other government benefits available to disaster victims; assistance with life, medical, and property insurance claims; help with home repair contracts and contractors; replacement of wills and other important legal documents lost or destroyed in the disaster; consumer-protection issues such as price-gouging and avoiding contractor scams in the rebuilding process; counseling on mortgage-foreclosure problems; and counseling on landlord-tenant problems The hotline is available 24/7 and callers can leave a message any time. Individuals who qualify for assistance will be matched with Texas lawyers who have volunteered to provide free, limited legal help. Major Disaster Declaration On Nov. 25, 2015, President Barack Obama issued a major disaster declaration for Texas. As a result, federal disaster aid was made available to the State of Texas. FEMA ordered federal aid to supplement state, tribal, and local recovery efforts in the areas affected by severe storms, tornadoes, straight-line winds, and flooding on Oct , To date, federal assistance has been extended to 16 Texas counties, including Bastrop, Brazoria, Caldwell, Comal, Cameron, Galveston, Guadalupe, Hardin, Harris, Hays, Hidalgo, Liberty, Navarro, Travis, Willacy, and Wilson counties. Likewise, Gov. Greg Abbott also issued an emergency proclamation on Nov. 20, 2015, declaring a state of disaster in these same Texas counties. Texans who sustained property damage as a result of the ongoing severe storms and flooding are urged to register with FEMA, as they may be eligible for federal and state disaster assistance. People who sustained storm damage in the affected counties above can register for FEMA assistance online at DisasterAssistance.gov or via smartphone or Web-enabled device at m.fema. gov. Applicants may also call or (TTY) (TTY) from 6 a.m. to 9 p.m. daily. Flood survivors statewide are also encouraged to call this hotline to report their damage. Other flooding resources may be found on the State Bar of Texas website at: texasbar.com/floodresponse. Individuals who qualify for assistance will be matched with Texas lawyers who have volunteered to provide free, limited legal help. Beware of Fraud Both FEMA and Texas Attorney General Ken Paxton are warning Texans of the risk of fraud and common scams in the wake of the severe weather. Common post-disaster fraud practices include phony housing inspectors, fraudulent building contractors, bogus pleas for disaster donations, and fake offers of state or federal aid. Texans are urged to ask questions, and to require identification when someone claims to represent a government agency. Survivors should also keep in mind that state and federal workers never ask for or accept money, and always carry identification badges with a photograph. There is no fee required to apply for or to receive disaster assistance from Damage in Central Texas after severe flooding. Photo by Kim Anderson. FEMA, the U.S. Small Business Administration (SBA), or the state. Additionally, no state or federal government disaster assistance agency will call to ask for your financial account information. Unless you place a call to the agency yourself, you should not provide personal information over the phone as it can lead to identity theft. Those who suspect fraud can call the FEMA Disaster Fraud Hotline at (toll free). Complaints may also be made to local law enforcement agencies. Background When the president declares a major disaster, FEMA, in cooperation with the State Bar of Texas and the American Bar Association Young Lawyers Division (ABA YLD), establishes a toll-free number for disaster victims to request legal assistance. Funding for the toll-free line comes from FEMA under the authority of Section 415 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law ). The American Bar Association Young Lawyers Division in turn partners with state bar associations and other legal organizations to recruit volunteer lawyers in affected areas to handle victims cases. Victims should be aware that there are some limitations on disaster legal services. For example, assistance is not available for cases that will produce a fee (i.e., those cases where attorneys are paid part of the settlement by the court). Such cases are referred to a local lawyer referral service. Partnership Members In addition to the State Bar of Texas (texasbar.com), the American Bar Association Young Lawyers Division (americanbar.org), and FEMA (fema.gov), the following organizations have joined forces to establish a toll-free phone line for Texas disaster victims to request free legal assistance and to provide volunteer attorneys to handle cases arising from the recent severe weather: the Austin Bar Association (austinbar.org), the Hays County Bar Association (haysbar.com), the Hidalgo County Bar Association (hidalgobar.org), the Jefferson County Bar Association (jcba.org), the Lawyer Referral Service of Central Texas (austinlrs.com), Texas RioGrande Legal Aid (trla.org), Lone Star Legal Aid (lonestarlegal.org), the Texas Consumer Complaint Center at the University of Houston Law Center (texasccc.com, or ), and the American Red Cross ( ). AL february 2016 AustinLawyer 15

16 Happy Valentine s Day from the Fit Bar T he Fit Bar Team is a committee of Austin Bar members who are concerned about the health and well-being of the members of the Austin Bar. In the high-stress world of law, it s important to take a pro-active stance on health, fitness, and nutrition. Monthly activities are being planned throughout the year to encourage individuals to incorporate fitness into their everyday lives. In January, the Fit Bar kicked off the New Year by sponsoring a boot camp held weekly at Zilker Park. They also sponsored a sneaker drive to donate used sneakers to the Austin Resource Center for the Homeless (ARCH). In February, join them for a cathartic, intense co-ed boxing class at noon on Feb. 27 at Austin Boxing Babes, 2919 Manchaca. Cost is $25 per person for the 90-minute class. Space is limited to the first 20 people who sign up and secure their spot with payment. Contact Julia at info@austinboxingbabes.com to sign up. This class will teach you boxing techniques as well as give you a challenging workout. Keep an eye on Bar Code and austinbar.org for upcoming Fit Bar events throughout the year. Your sweetheart may have the key to your heart, but a proper diet and regular physical activity can be the key to a healthy heart. In honor of Valentine s Day, the Fit Bar brings you heart-healthy tips, taken from the American Heart Association s website, heart.org: Rather than tempting your beloved with chocolates, consider a gift that has more permanence, such as a handwritten poem. Quality time is one of the most meaningful gifts. Plan an active outing such as a hike. Cooking at home helps control the quality and quantity of your food. Consider a cooking class for two. If you go to a restaurant, view the menu and its nutritional information online before your go so you ll be prepared to order wisely. Spice it up try cooking at home with healthier seasonings and avoid prepackaged mixes. Use cooking methods that add little or no fat, like stir-frying, roasting, grilling, or steaming. Sharing is caring. If you do go out for a romantic dinner, order one entrée to share. 16 AustinLawyer february 2016 Ask a date to volunteer with you. Giving back is a healthy habit that will boost mood and beat stress. Give your pet a Valentine and walk or exercise him daily. Take it slow. If you were gifted a box of chocolates, put it in the freezer and enjoy in moderation. Give up smoking or help a loved one quit. Take a walk together. Walking for as little as 30 minutes a day provides heart-healthy benefits. Try something new. Next time you re at the store, pick up a fruit or vegetable you ve never tried. Stay hydrated. Treat your Valen- tine to a new water bottle. If the weather is bad, get active inside. Hit the stairs at work or check out a yoga video. Change one thing about your daily diet: add a new veggie to dinner. Choose a healthy mid-morning and mid-afternoon snack to help keep your metabolism moving. Cut down on saturated fats, trans fats, and cholesterol. Choose healthy fats instead, such as walnuts, almonds, olive oil, avocado, AUSTIN LAWYER and flaxseed. AL AL Responsive. Experienced. Professional. Your Austin source for reliable U.S. and Global Immigration expertise. EMPLOYERS INVESTORS & STARTUPS INDIVIDUALS & FAMILIES Foster delivers a full suite of immigration enterprise solutions customized to meet the needs of your organization. We are experienced in resolving complex immigration problems while taking into account the realities of investors, start-ups and entrepreneurs. At Foster, we re proud of our long history of service and advocacy on behalf of individuals and families. Request a consultation: Serving Austin since S Capital of Texas Hwy, Suite 450 Austin, TX 78746

17 3 rd court of appeals update The following are summaries of selected civil opinions issued by the Third Court of Appeals during November and December They are intended as an overview; counsel are cautioned to review the complete opinion. Subsequent histories are current as of December 30, > Health care: Medical device manufacturer is not a health care provider. Verticor, Ltd. v. Wood, No CV (Tex. App. Austin Nov. 13, 2015, pet. filed). Wood s doctor implanted a device manufactured by Verticor. The device was not designed for the particular use and was thus considered an off-label, experimental use. Wood sued his doctor and Verticor for injuries. Verticor claimed it was a health care provider subject to the TMLA s expert report requirements. The trial court denied Verticor s motion to dismiss. Verticor argued that because it was licensed to manufacture medical devices that are used to treat patients, it was also licensed to provide health care. The court of appeals concluded that health care refers to an act or treatment, not to an inanimate object. The court compared CPRC Chapter 82 that addresses product liability claims, to the TMLA that addresses deficient patient services. The court affirmed. Administrative law: No jurisdiction to hear denial of public hearing on requested rule. Kidd v. Texas Pub. Util. Comm n, No CV (Tex. App. Austin Nov. 25, 2015, no pet. h.). Rule proponents sought judicial review of agency s denial of their request for a public hearing. The trial court granted Commission s plea to the jurisdiction. The court of appeals noted that Bonser-Lain held that an agency s denial of a petition requesting a rule cannot be judicially challenged under the APA. This case presented the next step whether the court has jurisdiction to enforce an asserted right to a public hearing on requested rules. Kidd contended that APA provided an absolute right to a public hearing. The court concluded that s public hearing requirement only applies with agency-proposed rules, not with rules requested through a rule-making petition. The court affirmed. Texas Citizens Participation Act: Tort lawsuit not subject to Act. Sloat v. Rathbun, No CV (Tex. App. Nov. 6, 2015, no pet. h.). After enduring years of harassment, Rathbun sued defendants for intentional infliction of emotional distress and invasion of privacy by public disclosure of private facts and by intrusion on seclusion. Rathbun obtained a TRO to prevent defendants from stalking her and from surveilling her home. The trial court denied defendants motion to dismiss under CRPC Chapter 27 and awarded Rathbun attorney s fees. The court of appeals noted that whether a communication is protected under the TCPA, the communication must be on a matter of public concern. That Rathbun is married to a former Scientology leader does not make her a public figure. The court concluded that defendants failed to show that the TCPA applies. Because the trial court did not find defendants motion was frivolous, however, the court reversed the attorney s fees award. The court affirmed in part and reversed in part. Construction law: Contractor owes duty of care to lessee of new home. Zbranek Custom Homes, Ltd. v. Allbaugh, No CV (Tex. App. Austin Dec. 23, 2015, no pet. h.) (op. on reh g) (mem. op.). New home lessees sued general contractor for damages caused by a fire in the home s outdoor fireplace. The jury found Zbranek 100 percent responsible and awarded damages. The court of appeals concluded that 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. Zbranek had sufficient control over the construction of the fireplace to owe a duty of reasonable care. Steve Zbranek decided to install a different firebox than that drawn by the architect, but he did not modify the framing to accommodate the change. This created a false chimney and allowed flue gases to escape other than through the chimney and cause the fire. The court also concluded that the as is language in the lease did not foreclose Zbranek s liability. The court affirmed. AL THE HIGH ROAD HAS A BETTER VIEW. civil discourse for a civil proceeding jennifer johnson legal, PllC Jennifer Piskun Johnson Family Law 1717 West Sixth Street Suite 315 Austin, TX T F jenniferjohnsonlegal.com february 2016 AustinLawyer 17

18 Free Parking available for this event. minority bar spotlight Austin Black Lawyers Association Impacts Our Community For nearly 30 years, the Austin Black Lawyers Association (ABLA) has been at the forefront of Austin s legal community. Its members are represented in every facet of the legal profession, including elected and appointed officials, educators, legislators, employees of government agencies, and members of law firms of all sizes. ABLA serves the community by involvement in a multitude of community and service-based projects. By providing leadership, commitment, and dedication to service of its members, ABLA is able to impact the Austin community in every aspect. As affiliate of the National Bar Association (NBA), ABLA not only impacts the legal community on a local level, but on the state and national levels as well. In addition to providing community service, ABLA operates a charitable 501(c)(3) Foundation which supports charitable and educational programs and services that provide scholarships to African American students attending colleges and By providing leadership, commitment, and dedication to service of its members, ABLA is able to impact the Austin community in every aspect. universities at both the undergraduate and graduate level. The ABLA scholarships focus on students who are graduating high-school seniors or college graduates entering the legal profession. ABLA s two primary scholarship programs are the Heman Sweatt Scholarship and the Virgil C. Lott Scholarship. The Heman Sweatt Scholarship honors Heman Sweatt. Sweatt, in 1946, sued The University of Texas after they denied him admission to the Law School because he was black. A Texas judge at the Travis County Courthouse first denied Sweatt s claim. However, the U.S. Supreme Court took up the case on appeal, and in 1950, the court unanimously ordered Sweatt s admission. In 2007, the Travis County Courthouse, where Sweatt s case was first denied, was renamed in his honor. The Virgil C. Lott Scholarship honors Virgil C. Lott, the first African American to graduate from The University of Texas School of Law. The scholarship is awarded to graduating seniors in Austin-area school districts who exhibit community service, good scholastic standing, evidence of leadership, and extracurricular involvement. Recipients are awarded the scholarship upon acceptance to any junior college or university. ABLA welcomes all attorneys within the Austin area to join them in impacting the Austin community by fostering diversity, improving the legal profession, and providing assistance to the individuals ABLA serves. For more information on ABLA, visit austinblacklawyers.org. AL 2016 Legacy Luncheon Presents The 2016 Andrea Pair Bryant Legacy Luncheon Tuesday, Feb :30am to 1:00pm Chateau Bellevue Austin Women's Club 708 San Antonio St. Austin, TX. Honoring Presiding Judges Lora J. Livingston & Brenda Kennedy Tickets: $50 for ABLA Members $60 for Non-Members *Luncheon seating is limited* For more information or to RSVP contact ABLA@austinblacklawyers.org or Joel Bennett at ABLA will host the Andrea Pair Bryant 2016 Legacy Luncheon to honor Presiding Judges Lora J. Livingston and Brenda Kennedy on Tues., Feb. 23, 2016, from 11:30 a.m. to 1 p.m. at Chateau Bellevue, Austin Women s Club, 708 San Antonio St. Tickets are $50 for ABLA members and $60 for non-members. Seating is limited. Free event parking available. For more information, or to RSVP, contact ABLA@ austinblacklawyers.org. or Joel Bennett at Vacek, Kiecke & Currier, LLP and Mitchell & Colmenero, LLP proudly announce they are combining practices to form: Vacek, Kiecke, Currier & Colmenero, LLP Attorneys at Law Barton Oaks Plaza, Building II 901 South MoPac Expressway, Suite 570 Austin, TX Facsimile c.com January 1, 2016 Garry Vacek* Roy Kiecke* Gary I. Currier* Rudy R. Colmenero Gregory S. Stieg* Shaye Cly Tackett* Chi Y. Reece Amanda Rose Lanehart * Board Certified Estate Planning and Probate Law Texas Board of Legal Specialization Certified Public Accountant (Texas) 18 AustinLawyer february 2016

19 briefs new members The Austin Bar welcomes the following new members: Ashleigh Acevedo Andrew Broadaway Trenton Brough Lucius Bunton Worth Carroll Charles Carver Melissa Caudle Lorin Combs John Ferguson Nick Grasshoff Megan Grossman Evan Harlow Rachel Heckelman Ferjie Hontanosas Chase Howell Daniel Tyman T. Jordan Hill Evan Johnston Brytne Kitchin Kelly Klingseisen Emily Leighton Thomas Lewis Kathryn Lively Shana Mackey Leslie Montalvo Kevin Mullen Ali Nasser Tamara Needles Carrie Nie Neha Paymaster Jeff Pettit Lynn Rubinett Kody Silva Shannon Strong Leigh Tomlin Erik Weber LaToya Wilson Todd Wilson Katie Wolters TOP ROW: Baldwin; Bueno; Byars; Cochran; Ellis Bottom Row: Holzheauser; Kobzar; Merriman; Shank New to the Office George Baldwin and Justin Holzheauser have joined Peckar & Abramson s new Austin office. The Construction Law firm has recently expanded into Texas. In addition to its core construction practice, the firm has practice groups who counsel contractors on labor and employment matters, corporate and regulatory compliance issues including D/M/ WBE compliance and general corporate and real estate matters. Scott Douglass & McConnico has hired four new associates: Mary Byars, Willie Cochran, John Ellis, and David Shank. Laci Ehlers has joined real estate boutique McLean & Howard. Ehlers assists clients in land use and real estate development matters. Joseph R. Knight has joined Ewell, Brown & Blanke as a partner. As a result, the firm has changed its name to Ewell, Brown, Blanke & Knight. Casey Low has joined Pillsbury as a partner. Low s practice focuses on complex commercial litigation, including antitrust claims; tortious interference, defamation and business disparagement matters, False Claims Act and securities claims, and white collar cases. Winstead has hired Patrick Pearsall to work in its Public Regulatory and Environmental Practice Group. Pearsall focuses on administrative and appellate legal matters. Moving On Up Scott, Douglass & McConnico has promoted Kim Bueno, Olga Kobzar, and Mike Merriman to partners. Andrews Kurth has announced the election of Brian J. Dillavou, Julia R. Julie Houston, and Stephanie A. Kroger as partners in its Austin office. Adam Sencenbaugh has been promoted to partnership with Haynes and Boone. Sencenbaugh s practice focuses on representation of investment managers. Stephen Charles Stout and Michael Heidler are now partners at Vinson & Elkins. Elections/Appointments Carey Gunn Venditti has been named the chair of the inaugural Women s Leadership Initiative Council for Urban Land Institute Austin. Venditti is a shareholder in the Austin office of Greenberg Traurig. Help protect your income with disability insurance. You look out for your clients best interests. But when it comes to your financial well-being, who s looking out for you? Disability insurance from MetLife can help you continue to pay bills should you lose the ability to work. Because if you re sick or injured, we want you to concentrate on getting better and getting back to your practice. Contact your MetLife representative today to see what you can do with MetLife. Peter Berardino Financial Services Representative Capital Strategies of MetLife 6300 Bee Cave Rd Bldg 2, Suite 400 Austin TX (512) pberardino@csomtx.com Disability insurance is issued by Metropolitan Life Insurance Company on IDI2000-P/NC, IDI2000-P/NC-ML, IDI2000P/GR, AH 5-88, AH 7-96-CA, AH 8-96-CA and IDIP12-01-IDIP Like most disability insurance policies, MetLife s policies contain certain exclusions, waiting periods, reductions, limitations and terms for keeping them in force. Ask your representative about costs and complete details. All policies, riders and provisions may not be available in all states, at all issue ages and to all occupational classes. Ask your representative for complete details. Eligibility is subject to underwriting approval. For policies issued in New York: These policies provide disability insurance only. They do NOT provide basic hospital, basic medical or major medical insurance as defined by the New York State Department of Financial Services. The expected benefit ratio for these polices is at least 50%. This ratio is the portion of future premiums that MetLife expects to return as benefits when averaged over all people with the applicable policy Metropolitan Life Insurance Company, 200 Park Avenue, New York, NY CLDI24271 L [1016][All States][DC,PR] Not FDIC-Insured -Not Insured By Any Federal Government Agency -Not Guaranteed by Any Bank or Credit Union february 2016 AustinLawyer 19

20 austin young lawyers association AYLA s Runway for Justice Returns The 2016 show will feature female and male attorney models. F or the second year in a row, the Austin Young Lawyers Association fashion show will return to Mercury Hall on Wednesday, March 23, This year s show will feature both male and female attorney models strutting their stuff to highlight local designers, jewelry, and accessories on behalf of the AYLA Foundation and the annual Women s Resource Fair. The event will be co-mc d by AYLA President, Chari Kelly, and Austin Bar President, Judge Eric Shepperd. Attendees will dine on complimentary drinks and hors d oeuvres, enjoy a fashion show curated for the young Austin attorney, and receive a swag bag filled with goodies. Tickets will go on sale soon. If you would like to sponsor, or be MAR 23 AYLA s 2nd annual Runway for justice mercury hall Time 6:30 p.m. TICKETS: ayla.org involved with the show, please contact Debbie Kelly at Debbie@ austinbar.org. AL From LEFT: 2016 AYLA s Runway for Justice Invitation; Attorney-model Jennifer Tharp, Comal County Criminal DA, walks the runway during last year s show; Attorney and law student models in the 2015 AYLA Runway for Justice. 20 AustinLawyer february 2016 Interested in Serving on the AYLA Board? T he Austin Young Lawyers Association is seeking attorneys interested in serving on its Board of Directors for the Bar year. To be eligible for a board position, you must be a current AYLA member and be 40 years of age or under as of July 1, 2016, or licensed to practice law in Texas for less than three years. AYLA board members serve not only the AYLA membership, but also the local community by leading the organization in its many charitable endeavors. If you would like to be placed on the ballot, submit a nomination form signed by ten current AYLA MAR 4 AYLA Board Nominations due Austin Bar offices BALLOTS: ayla.org members, a list of AYLA committee involvement, a 50-word bio and a professional headshot to Debbie Kelly, Debbie@austinbar.org. Nomination forms can be found at ayla.org. Nominations are due Friday, March 4, AL

21 austin young lawyers association Holiday Baskets & Reindeer Games Served 110 Families Thank you to our dedicated volunteers and sponsors for making it a success. O n Sunday, Dec. 13, 2015, the Austin Young Lawyers Association presented the annual Holiday Baskets & Reindeer Games event. This year s joint event served an unprecedented number of families in our area 110 families and 350 children. Once again, the Austin legal community came out strong in terms of donating their time and money. This project raised over $15,000, with all proceeds going to serve these families. Children were able to decorate ornaments, get their faces painted, and take pictures with Santa. Thank you to all our volunteers that made this event possible. Special thanks to our generous event sponsors: Platinum Sponsors Graves Dougherty Hearon & Moody Cantilo & Bennett Gold Sponsors Administrative Law Section Amanda Arriaga Jorge Padilla Briggle & Polan Law Office of Janet McCullar Jim Cowden King Law Group Norton Rose Fulbright Hanna & Plaut Noelke Maples St. Leger Bryant Silver Sponsors David Courreges Estate Planning & Probate Section Mike Golden Labor & Employment Section Jane Webre Family Sponsors Paige Amstutz Patricia Bain Janice Byington Kathleen Coble Karin Crump Amy Dashiell Manuel Escobar Phil Friday Judge Raul Gonzalez Nancy Gray Mark Hanna William Herring Bill Johnson Chari Kelly Ketan Kharod Frank King Paula Lear Randy Leavitt Deborah Loomis Jessica Mangrum Carroll Martin Steve McConnico Sarah McHaney Craig Moore Paine Bickers Beverly Reeves Susan Salch Stephanie Seitz Rae Ann Shanley Andrea Shannon Brittany Stanford William Storie Scott Taylor Margaret Tucker Thomas Turner Steven Wingard Katie Wolters Matt Wood Kennon Wooten AL from LEFT: Gabriella Gonzalez, Debbie Kelly; and Austin Kaplan assist with event and volunteer registratrion; Amanda Arriaga, Chari Kelly, and Debbie Kelly pose with Santa; Chari Kelly paints kids faces at Reindeer Games. Help your clients help themselves DIVORCE TRANSFORMATION COACHING Create specific & forward-focused goals Improve decision making skills Help distinguish between things clients can & cannot control Leveraging proven techniques by best-selling author Honoree Corder Chris St. Clair, CPCC St. Clair Coaching Chris@StClairCoaching.com (O) (C) Upcoming Events Thursday, february 18 AYLA Docket Call 5:30 to 7 p.m. Vince Young Steakhouse, 301 San Jacinto Blvd. Sponsored by Vince Young Steakhouse and Stratos Legal For more information on AYLA events, visit ayla.org. february 2016 AustinLawyer 21

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