State Bar of Texas Blog

Dueling and Law Licensing in 1853

Alexandra Myers — Sun, 13 May 2012 08:00:00 -0600

As the newest lawyers in the State of Texas prepare to be sworn in on May 14, the Archives Department of the State Bar presents one of its most unusual items: a law license from 1853.

The item, donated to the Texas Bar Historical Foundation by Robert M. Minton, shows that the new attorney was certified by the Supreme Court to practice law in Texas. The faded signature of Chief Justice John Hemphill can be seen on the front. The reverse side of the law license (see below) shows a very different Oath of Attorney. Careful reading shows that Jesse H. Parsons swore that “since the adoption of the Constitution of this State by the Congress of the United States, I, being a Citizen of this State, have not fought a duel with deadly weapons within this State nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, or aided, advised, or assisted any person thus offending. SO HELP ME GOD.”

More information about the Archives Department can be found in the March 2012 Texas Bar Journal or by visiting our web page.

Texas Lawyers Concerned for Lawyers 23rd Annual Convention

Teri Rodriguez — Fri, 11 May 2012 14:23:35 -0600

The Texas Lawyers Assistance Program and Texas Lawyers Concerned for Lawyers are co-hosting their Annual Convention in San Antonio, June 1st - 3rd. Participation is a great way to meet other members of the legal profession who are in recovery from substance abuse and/or mental health problems and to learn about how these issues affect lawyers’ lives and practices. Attendees are asked to maintain the confidentiality of those in attendance. Registration information and agenda are available at: www.TexasBar.com/TLAP. Things to know: registration is $220 but scholarships are available, up to 9.5 hours of ethics CLE is pending, exciting speakers from around the country are lined up. Questions? Call TLAP at 1-800-343-8527.

This month in the Texas Bar Journal

Patricia L Garcia — Thu, 03 May 2012 07:47:48 -0600

In this issue of the Texas Bar Journal, we provide an article by Steve Fischer that discusses the patterns of growth and employment for lawyers in Texas, providing statistical data including two comprehensive lists on statewide attorney-to-population ratios and caseload numbers. Associate Editor Patricia Garcia examines the issue of diversity in the legal profession, while John Browning and Robert Bogdanowicz share their experiences as mentor and mentee, respectively, and the benefits of the mentoring process to the betterment of the profession. Managing Editor Judy Marchman takes a look at the new law school being developed in Dallas and talks with incoming Associate Dean for Academic Affairs Michael H. Schwartz. Let us know your thoughts. Email us at tbj@texasbar.com.

In addition, you can learn more about this year's Annual Meeting, which heads to Houston June 14-15, 2012.

Champions of Justice Gala Raises $413,00 for Veterans

Ellen Carnes — Wed, 02 May 2012 11:51:42 -0600

The Texas Access to Justice Commission honored the service of veterans throughout the state at the Champions of Justice Gala Benefiting Veterans on Tuesday, May 1, at the AT&T Executive Education & Conference Center in Austin. More than $413,000 was raised to help provide civil legal services to low-income Texas veterans.

“The Champions of Justice Gala Benefiting Veterans honored the service of the brave men and women who have sacrificed for our country,” said Texas Supreme Court Justice Nathan L. Hecht, the Court’s liaison for access to justice issues. “These individuals dedicate their lives to our country, yet many do not receive assistance with civil legal matters, including improper denial of health benefits. With the funds raised at the gala, we are able to continue the fight to improve access to justice for all Texans.”

For more information, please visit www.texasatj.org.

Lisa M. Tatum named President-elect of State Bar of Texas; Kristy Sims Piazza named President-elect of Texas Young Lawyers Association

Teri Rodriguez — Wed, 02 May 2012 09:00:02 -0600

State Bar of Texas officials last tonight announced that Lisa M. Tatum of San Antonio was elected by the state's lawyers to serve as president-elect of the organization. Kristy Sims Piazza of Plano was elected president-elect of the Texas Young Lawyers Association (TYLA). Read the election results. Also announced were those elected to the State Bar of Texas Board Board and TYLA directors. Read the full press release.

Keeping them safe is not enough: foster youth deserve an education lifeline

Teri Rodriguez — Wed, 02 May 2012 08:44:41 -0600

Contact: Teri Moran
Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families

3 p.m. news conference, May 3, Texas Supreme Court Courtroom

Placing children in foster care might remove them from abuse or neglect, but keeping them in foster care often means a life filled with failures, especially educational failures, partly because they often move from home to home.

That’s the conclusion of a report to be released May 3 that offers a blueprint identifying dozens of ways schools, courts and social workers can help foster kids perform better in school, keep them there until they graduate from high school and prepare them to go on to college.

The report is the conclusion of a select committee of judges and Texas leaders in education and Child Protective Services appointed in 2010 by the Supreme Court of Texas. The report was for the Court’s Permanent Judicial Commission for Children Youth and Families, chaired by Justice Eva Guzman.

The report will be released at a 3 p.m. news conference in the Supreme Court Courtroom in Austin and is the culmination of almost two years of work.

“While there are often more challenges than opportunities in how we meet the needs of our children and youth in care,” Justice Guzman said, “we must strive to provide for these kids as we would our own.”

Justice Guzman praised the efforts of District Judge Patricia Macias from El Paso, who chaired the 14- member Education Committee, its members and the Children’s Commission Assistant Director, Tiffany Roper, for developing concrete strategies to change the system.

Studies show children in foster care score lower on standardized tests, are more likely to repeat a grade, be truant, suspended or expelled and, finally, give up and drop out of school. Those who grow up in foster care have an increased risk as adults of homelessness and unemployment, chemical dependency, physical- and mental-health problems, and winding up in jail.

"We can no longer allow their education to fall through the cracks," District Judge Patricia Macias said.

Foster kids fall behind because changing schools means their coursework changes, credits don't always transfer, and school records don't keep up with them, causing enrollment delays. Education Committee members worked for one and a half years identifying numerous barriers in their respective organizations – courts, Child Protective Services and schools – and proposing practical ways to remove or overcome them.

Random Profile: Elizabeth Martinez, Laredo

Joanna Herzik — Mon, 30 Apr 2012 10:07:18 -0600

For Random Profiles, we randomly pick one of our 92,000-plus attorneys and do a Q&A. We've found that every Texas lawyer has an interesting story. Will yours be next?

Best thing about being a lawyer: Helping people in need

The best piece of advice ever given to you: Sometimes good things fall apart so that better things can fall together.

Areas of practice: Personal Injury law, Family law, and Criminal Defense

Education: Texas A&M International University: Bachelor of Arts with a Major in English and a Minor in Mathematics; Texas Tech University School of Law: JD

Bad habit: Being a perfectionist

Community Involvement:

United Way
• Board Member 2010-present
• V. P. of Campaign, Legal 2010-2011

Diocese of Laredo—Catholic Social Services
• Board Member 2007-present
• Secretary of Board 2008-present

Texas A&M International University
Chapter of the Honor Society of Phi Kappa Phi 2007-present

AVANCE Parent-Child Education Program
Laredo Chapter
• Board Member 2006-2008
• Parliamentarian of Board 2006-2007

Most important career lesson: Perseverance is the key to success.

Favorite saying/quote: To whom much is given, much is also expected.

Secret for staying young: is feeling young and always staying positive.

What's the turning point that made you decide to become an attorney? Seeing the helplessness of a family member in a legal battle who truly needed the guidance of an experienced, competent, honest, and zealous advocate

Elizabeth works at the Law Office of Elizabeth Martinez, PLLC in Laredo.

You can also view Elizabeth's TexasBar.com profile.

Prizes
It's not every day that you're randomly picked from among 92,000 peers. To commemorate, randomly-profiled attorneys receive a TexasBar.com t-shirt.

Update Your Online Profile
Have you updated your attorney profile lately? Go to MyBarPage on TexasBar.com, log in, and click "Update My Profile." While you’re at it, click “My Directory Options” and add a photo, law firm link, and Facebook, Twitter, LinkedIn, and blog accounts – all for free.

Opinions and statements expressed in these profiles are those of their subjects - not the State Bar of Texas.

Attorneys: Be extra-vigilant for scams targeting lawyers

Guest Blogger — Wed, 25 Apr 2012 16:10:00 -0600

Update (4/25/2012): Today we received a report from a firm in Houston regarding a scam that has apparently targeted at least six law firms. Please see the comment from Ted Tredennick, below, for more information.

Update (11/15/2011): We have received reports of persons impersonating law firms in the Houston and Dallas areas. These persons are purporting to be from the law firms and are aggressively demanding payment on debts. If you encounter this situation or tactic please contact the White Collar Crime and Public Integrity Section of the Texas Attorney General's Office.

Update (9/6/2011): We received a report from a non-lawyer in Illinois who received a call from Michael Jones at (512)651-3635 who purported to be an investigator with the State Bar of Texas. He had the person's social security number and told her she had defaulted on an online loan, had to be in court the next day, and would be arrested if she did not pay $250.

Update (7/27/2011): At least two local bar associations report that scam artists are calling members and asking for dues payments. We have received reports from the Tarrant and Lubbock County bars.

The callers say they are "from the bar association" and that the attorney's bar card is expiring or that membership dues must be paid immediately. According to one report, the caller promised a free section membership with dues renewal.

These are not legitimate calls from any bar association. Do not provide credit card information if you are called and asked for a dues payment.

>>>>>

Texas attorneys should be extra-vigilant regarding potential scams involving fraudulent checks or wire transfers. These scams are increasing in sophistication, sometimes involving innocent third parties who seek legal services at the request of a scam artist.

The bottom line is this: Never issue a check from a trust account until deposited funds have been collected.

Recent scam scenarios include:

unsolicited email requests for legal help collecting money or judgments, sometimes apparently coming from actual professionals whose identities have been stolen
a real estate transaction for an overseas client (whose identity was stolen by a scam artist) involving an innocent third-party realtor
impersonation of law firms by scam artists who issue bogus checks and attempt to charge a fee for the checks to clear
a bogus check received by a law firm, purportedly for payment regarding representation of an inmate
impersonation of a lawyer and law firm by a scammer "collecting debts" under the attorney's name

Again, be vigilant and do not disburse funds from your accounts until underlying funds have cleared your bank (and not simply been made “available”).

Cases involving bank fraud are investigated by the Secret Service. If you are targeted, contact an office in your area. Internet fraud should be reported to the Internet Crime Complaint Center.

If a scam has targeted you or your firm, please leave a comment below describing the scenario or tactics the scammer used.

Texas Center for Legal Ethics Announces 2012 Pope Professionalism Awards

Patricia L Garcia — Wed, 25 Apr 2012 11:03:10 -0600

The Texas Center for Legal Ethics (TCLE) is proud to announce the 2012 recipients of the Chief Justice Jack Pope Professionalism Awards: former Texas Supreme Court Justice Harriet O’Neill and attorney Kevin Dubose.

Former Justice O’Neill — who served with distinction on the Supreme Court of Texas from 1998 until she retired in 2010 — has long been a champion for pro bono representation of low-income victims of domestic violence in Texas. She founded the Law Office of Harriet O’Neill in Austin, where her practice includes business, personal injury and commercial litigation, and the mediation of complex legal disputes. She frequently writes and lectures for continuing legal education programs.

Dubose, a partner in Alexander, Dubose & Townsend, L.L.P. in Houston, conceptualized, initiated, and executed a project that culminated in the creation of the landmark Standards for Appellate Conduct, which, in 1999, became the first set of ethical standards tailored to appellate practice adopted by any jurisdiction in the United States.

"Harriet O'Neill and Kevin Dubose are highly esteemed by their peers for their immense contributions to the legal profession," says TCLE Executive Director Jonathan Smaby. "The Pope Award highlights the good works that lawyers do, and this year’s Pope Award recipients have careers that are rich in accomplishment."

The Pope Awards will be presented by Texas Supreme Court Chief Justice Wallace Jefferson at the Annual Texas Supreme Court Historical Society Dinner on June 1 in Austin.

Each year, TCLE presents the Pope Awards to one judge and one attorney who personify the highest standards of professionalism and integrity in the field of law. The Pope honor is named after one of TCLE’s founders, former Texas Supreme Court Chief Justice Jack Pope, who was the first individual to receive the award in 2009.

Congratulations to the 2012 Law Day winners!

Teri Rodriguez — Mon, 23 Apr 2012 14:37:44 -0600

The State Bar of Texas and Texas Young Lawyers Association (TYLA) invited local bar associations and young lawyer affiliates to participate in the statewide Law Day contest. This year’s Law Day theme is No Courts, No Justice, No Freedom. Contest winners will be recognized on Tuesday, May 1, 2012 at the Texas Law Center. The State Bar of Texas and TYLA will host the luncheon and present the awards to the winners. Click here for the list of winners [PDF].

Register for Annual Meeting now -- and save $50!

Ellen Carnes — Mon, 23 Apr 2012 08:58:27 -0600

The State Bar of Texas Annual Meeting in Houston is right around the corner! Register before May 15 and save $50. Registration includes breakfast, lunch, a flash drive with all the materials, free wi-fi in the meeting rooms, and two quality days of CLE. Receive all of your MCLE and ethics requirements for only $245!

This year's keynote speakers include former Secretary of State James A. Baker III, attorney and reinvention strategist Marshawn Evans, and best-selling author Richard North Patterson. For more information, click here. To download the Annual Meeting brochure, click here.

Frank E. Stevenson II of Dallas Elected 2012-13 Chair of the State Bar Board

Patricia L Garcia — Thu, 19 Apr 2012 11:24:09 -0600

Frank E. Stevenson II, a partner in the Dallas office of Locke Lord, L.L.P., has been elected Chair of the Board of Directors of the State Bar of Texas. He will take office during the State Bar of Texas Annual Meeting to be held June 14-15 in Houston and will serve as chair until June 2013.

Stevenson has practiced administrative, transportation, real estate, and finance law for more than 30 years. He has served on the board of directors of the State Bar of Texas since 2010 and on the board of the Dallas Bar Association since 1999, serving as president in 2008. He has served on the Dallas Bar Foundation’s board of directors since 2007, and was chair of the Dallas Bar/Legal Aid of Northwest Texas Equal Access to Justice Campaign in 2003.

Stevenson is an associate member of the Dallas Citizens Council and serves on the executive committee of the Sammons Center for the Arts. He has been on the board of the North Dallas Chamber of Commerce since 2007 and has served Amherst College in numerous capacities, including as a member and then chair of the executive committee of the Alumni Council. The college awarded Stevenson its Medal for Eminent Service in 2009.

He is a fellow of the American Bar Foundation, a sustaining life fellow of the Texas Bar Foundation and the Dallas Bar Foundation, and a life fellow of the Dallas Association of Young Lawyers Foundation.

He graduated with a B.A. magna cum laude from Amherst College and earned his J.D. from the University of Virginia School of Law.

U.S. Senator Kay Bailey Hutchison of Texas honored with 2012 ABA Justice Award

Joanna Herzik — Wed, 18 Apr 2012 14:03:30 -0600

Last night, April 17, U.S. Senator Kay Bailey Hutchison of Texas was honored with a 2012 ABA Justice Award. Sen. Hutchison was honored for her efforts to preserve funding for the Legal Services Corporation (LSC). She was instrumental in ensuring that the LSC budget was cut only 2 percent when others were calling for much deeper cuts. She is pictured here with the President of the ABA William T. Robinson III, ABA Day Chair William C. Hubbard, and members of the Texas delegation to ABA Days.

ABA Honors Betty Balli Torres, Texas Supreme Court

Ellen Carnes — Mon, 09 Apr 2012 15:07:23 -0600

Betty Balli Torres, executive director of the Texas Access to Justice Foundation in Austin, has been recognized with the American Bar Association (ABA) Grassroots Advocacy Award. The award, which honors her efforts in securing legal aid funding and ensuring access to justice for low-income Americans, will be presented April 18 during a reception at the U.S. Supreme Court.

"Every day, families go without much-needed protection from abuse, benefits to which they are entitled, and they lose homes because they are unable to access the justice system due to inability to afford a lawyer," Torres said. "As lawyers, we each have a role to play to ensure that everyone has access to our judicial system. That access is not possible without critical funding of legal aid programs that do the day-to-day work and provide the infrastructure and support to thousands of lawyers doing pro bono work in this country."

Torres will receive one of five ABA Grassroots Advocacy Awards. Among the other recipients is the Texas Supreme Court, which is being recognized for its key role in obtaining funding for legal services during the last legislative session.

"The justices of the Supreme Court of Texas deserve special recognition for their outspoken support of legal services. Every community in Texas is a beneficiary of their dedication to equal access. The justices demonstrate yet again their commitment to be the ultimate guardians of our liberty,” said ABA President William T. "Bill" Robinson III.

2012 Judicial Poll is Open

John Sirman — Mon, 09 Apr 2012 07:16:10 -0600

The State Bar is conducting a poll of the contested Supreme Court of Texas, Court of Criminal Appeals and Court of Appeals district races up for election. This is a non-partisan straw poll of our current members.

Members must vote by Tuesday May 8, 2012, at 5:00 p.m.

Please visit TexasBar.com for details and to participate.

Warning - Fake "Account Suspended" Email

John Sirman — Mon, 02 Apr 2012 18:54:28 -0600

Update 4/2/2012

We have received more reports that lawyers are receiving a scam/phishing attempt. This is not from the State Bar. Do not click links contained in the message which reads as follows:

From: State Bar of Texas <acs35@comcast.net>
Date: April 2, 2012 3:47:21 PM CDT
To: undisclosed-recipients:;
Subject: Account Suspended

Dear Subscriber,

Your State Bar of Texas account has been suspended because of unusual invalid login attempts into your account. You may experience inability to access certain feature. To restore your account, please click on the link below and complete the form.

[link]

Click on the link above (or copy and paste the URL address into your web browser) to complete the form.

Thank you for co-operation.
Technical Support
State Bar of Texas

Original blog post 2/23/2012

We received reports late today about an email purporting to be from the State Bar of Texas with the subject line: "Texas Bar Account Suspended." The email asks the recipient to click a link and provide information.

This email is not from the State Bar of Texas and is a scam/phishing attempt. Do not click the link contained in the email or provide information in response to it.

If you did provide information in response to the scam email we recommend that you log in to My Bar Page on TexasBar.com, click "Update My Profile," and change your password. If you need help please email webmaster@texasbar.com.

State Bar of Texas election 2012

Teri Rodriguez — Mon, 02 Apr 2012 06:53:08 -0600

Election 2012 for State Bar and TYLA presidents-elect and district directors is currently underway and will continue until 5:00 pm on May 1, 2012. Read about the candidates.

You can vote online now, or if you prefer to vote via a paper ballot, election packets were mailed on April 2, 2012 and may take five (5) to seven (7) days for delivery. Complete your ballot and return it in the postage paid envelope provided. If you have not received your paper ballot by U.S. mail by April 9, 2012, please call 1-800-218-4026 for assistance Monday – Friday, 8:30 a.m. – 5:00 p.m. CT.

The deadline to cast your vote is May 1, 2012 at 5:00 pm. Votes must be received either online or at the designated U.S. Postal address no later than that date and time.

An evening with the Texas Supreme Court

Teri Rodriguez — Thu, 22 Mar 2012 09:46:20 -0600

The Appellate Sections of the State Bar of Texas and the Austin Bar Association are sponsoring a program entitled “An Evening with the Texas Supreme Court” on Thursday, April 26, 2012, from 4:30 to 7:00 p.m. at the InterContinental Stephen F. Austin Hotel here in Austin. CLE credit (1.5 hours, .50 ethics) has been approved.

The event will feature a panel discussion with Chief Justice Jefferson and Justices Hecht, Medina, Green, Guzman, Johnson, Willett, and Lehrmann. A cocktail reception with the justices will follow.

Register by mailing a $25 check payable to “Civil Appellate Section" to Matthew Ploeger at Vinson & Elkins LLP, 2801 Via Fortuna, Suite 100, Austin, Texas 78746, no later than April 20, 2012. You may also reserve a space by emailing mploeger@velaw.com and paying $30 at the door.

If you have topics you would like to see addressed or specific questions for the justices, please email them to todd@appealsplus.com.

Random Profile: Timothy C. Ross, Houston

Teri Rodriguez — Mon, 19 Mar 2012 12:32:00 -0600

Best thing about being a lawyer: Being able to help the construction community and frequently dealing with interesting and cutting-edge legal issues that affect the construction industry.

If you could be anyone else for a day, who would it be? Jimmy Buffett – I have always wanted to fly fish off the wing of an amphibious plane that I just landed in a remote bay.

What do you think is the biggest challenge facing attorneys today? Dealing with society’s negative perception of lawyers and the services they provide

If you weren't an attorney, what profession do you think you would be in? I would likely be a contractor, building either offshore drilling rigs/vessels or custom homes.

Family: Alicia (wife), Ella (daughter – 4.5 years old), Thomas (son – 2 years old), and Keen (dog – black lab – 6.5 years old).

Areas of practice: Construction law and construction litigation.

Education: B.S. in Construction Science from Texas A&M University (2001) and J.D from South Texas College of Law (2006).

Culinary talent: Very little other than grilling (especially ribs and fish).

Most important career lesson: Get it in writing.

Favorite saying/quote: “Life moves pretty fast. If you don't stop and look around once in a while, you could miss it.” – Ferris Bueller (played by Matthew Broderick) from the movie Ferris Bueller’s Day Off.

Pet peeve: Committing to do something and not following through.

Favorite TV program: Sport Fishing Television.

The last movie I saw: The Help – an excellent movie.

Favorite food type: Tie between Seafood and Mexican food.

Favorite restaurant: Brennan’s.

Hobbies: Offshore and bay fishing, golf and playing guitar.

If I had more time, I would: Spend it with my family on our boat working at improving my fishing skills.

Community Involvement: Attend church at Memorial Drive United Methodist Church; member of the Texas A&M University Construction Industry Advisory Council; member of the Houston Contractors Association; member of the Associated General Contractors of America; council member of the Houston Bar Association Construction Law Section; member of the Coastal Conservation Association.

What has changed the most technologically or practice wise since you have been licensed? The increasing accessibility to substantial amounts of information through the internet, social media, electronic monitoring and databases, etc…, which I believe has created opportunities to gain advantages in litigation.

How do you think the practice will change in the next 15 years? I suspect that: 1) businesses will increase the involvement of lawyers earlier in disputes/projects/deals to help businesses avoid the increasing costs associated with litigation/arbitration; 2) more cases will be resolved by alternative dispute resolution and fewer cases will actually be tried; and 3) more lawyers will “specialize” as federal, state, and local laws continue to become more complex.

Timothy is an associate of Porter Hedges LLP.

You can also view Timothy's TexasBar.com profile.

Prizes
It's not every day that you're randomly picked from among 92,000 peers. To commemorate, randomly-profiled attorneys receive a TexasBar.com t-shirt.

Opinions and statements expressed in these profiles are those of their subjects - not the State Bar of Texas.

Texas Lawyers Concerned for Lawyers is hosting its 23rd Annual Convention June 1 - 3

Guest Blogger — Wed, 14 Mar 2012 15:27:08 -0600

by Bree Buchanan

Texas Lawyers Concerned for Lawyers (TLCL), a volunteer organization associated with the State Bar of Texas Lawyers’ Assistance Program (TLAP), helps those in the legal profession who are experiencing difficulties because of alcohol and/or substance abuse, depression, anxiety and other mental health issues. As part of this effort, TLCL is hosting its 23rd Annual Convention on June 1 – 3, 2012, at the Crowne Plaza Riverwalk Hotel in San Antonio.

Opportunities for socializing will be plentiful! The event starts on Friday evening with a speaker and ice cream social. Saturday will begin with a welcome from State Bar President, Bob Black, followed by presentations (CLE credit for up to eight hours is pending) and an evening banquet and keynote speaker. A highlight of the dinner is the presentation of the Ralph Mock Award to a TLCL member who exemplifies the mission of the TLCL program. The weekend’s events will conclude with a brunch. Registration is $220 and early bird room rates are $109 per night. Scholarships are available to those who cannot pay the registration fee and hotel cost.

Registration forms can be found at www.texasbar.com/tlap. For more information, please contact TLAP staff, Cameron Vann or Bree Buchanan, at 1-800-343-8527.