austin · Laura Grabouski Grabouski is a partner at Buchanan Dimasi Dancy & Grabouski, focusing on all aspects of litigation in business disputes, bad faith, and insurance coverage

austinlawyerAustin Bar Elections Determine 2014-15 Leadership

he Austin Bar Nominating Committee recently announced the candidates selected for the 2014-2015 Board of Directors. The new board, along with incoming President Judge Elisabeth Earle, will take

office on July 1, 2014. Current Board Secretary Judge Eric Shepperd is running unopposed for president-elect, and current Treasurer Leslie Dippel is running unopposed for secretary.

The position of treasurer will be decided between nominees Adam Schramek and Amy Welborn.

TreasurerAdam SchramekSchramek is a litigation partner at Norton Rose Fulbright. He has served on the Austin Bar board, Austin Bar executive committee, and is a past president of Austin Young Lawyers Association. He produced the Austin Reentry project (www.austinreentry.com), for which he won a 2013 award of merit, co-founded the Permanency Project, which won statewide and national awards, led the Bar & Grill production committee for the last five years, and reorganized the Personal Crisis Assistance Program.

Amy Welborn A litigator at Chamberlain McHaney, Welborn has served on the Austin Bar or the Austin Young Lawyers boards since 1999. She has co-chaired Bench Bar, Special Projects, and Foundation Gala committees. Welborn co-hosts the Austin Bar Foundation Trivia Nights. She is a former president of AYLA and was in the Bar & Grill Show for five years. Welborn is also active in Leadership Austin, Commission for Women, NWLL Board, and UT Union Advisory Board.

April 2014Volume 23, Number 3

www.AustinBar.org

FeaturesAustin Bar Elections ....................................... 1

DepartmentsPresident’s Column ........................................ 4Opening Statement ........................................ 93rd Court of Appeals Update ....................... 11Briefs ........................................................... 13AYLA ........................................................... 14Beyond the Profession ................................. 18Upcoming Events ........................................ 21Classifieds ................................................... 23

continued on page 6

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2 Austin Lawyer April 2014

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

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

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

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

President

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

President

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April 2014 Austin Lawyer 3


President’s Column

Advancing the honor and dignity of the legal profession …

ne of our many duties as attorneys and as members of our local bar is to “maintain and advance the honor and dignity of the legal profession” — an ideal

expressly mandated in our Austin Bar Association bylaws. This premise is not limited to policing ourselves as attorneys, but also includes educating those individuals who are not members of the bar and who may not understand why certain events and rulings occur in our courts under the laws of the State of Texas.

In fact, from time to time we see editorials and other public comments made about our court system, a particular case or ruling, or a certain judge and his or her conduct during a judicial proceeding — all of which deserve further explanation to the public. Courts, however, cannot comment or are under-standably very reluctant to explain the law or their respective decisions due to the Judicial Canons, which they are bound to follow.

Canon 3, section B, details the adjudicative responsibili-ties of judges in their jobs performing the duties of their office impartially and diligently. Specifically, the canon states that

a judge shall “abstain from public comment about a pend-ing or impend-ing proceeding which may come before the judge’s court in a man-ner which suggest to a reasonable person the judge’s probable decision on any particular case.”

How then can we help explain and defend our judicial system as well as educate the public about our profession? In an effort to provide meaning and substance to our ideal of “advancing the honor and dignity of the legal profession,” I am appointing a Rapid Response Team — a committee of well-respected, local attorneys to respond to any questions from the public as well as address any erroneous statements made about our laws or judicial system.

I am very pleased to announce that former Texas Supreme Court Chief Justice Wallace Jefferson, Claude Ducloux, Randy Howry, Randy Leavitt, Jo Ann Merica, and Kennon Wooten have all graciously agreed to serve. This committee will respond to any questions or issues posed in the media or public that inquire about our profession, judicial conduct, rulings, black letter law, and/or case precedent. It is my opinion that each of these individuals exemplifies excellence in our legal profes-sion, possesses high ethical standards, and has shown a desire and passion for leadership within our profession. They will lead the charge in educating the public about what we do as lawyers and why we do it. I thank these dedicated attorneys for their time and for representing us all in our duty to advance the integrity of our profession. • AL

Christopher J. Oddo, McGinnis Lochridge

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Mishell KneelandKneeland works as an Assistant City Attorney with the City of Austin and also as a realtor for the Moxie Realty Group. She has served the Austin Bar Association and AYLA in many capaci-ties, including chairing the Legal Build and Gala Auction committees. She has also volunteered extensively with AYLA’s Women’s Resource Fair, help-

ing to secure medical services for attendees. Kneeland is also a fellow of the Austin Bar Foundation and a lifetime member of TCWLA.

Jessica MangrumAs partner at Thompson, Coe, Cous-ins & Irons, Mangrum represents both individuals and organizations in a wide array of civil litigations. She has been active in the Austin Bar’s Legal Build and Bench Bar committees and is a member of the Civil Litigation and Construction Law sections. A former AYLA board member, Mangrum has

also served as a mentor for the Austin Bar Mentoring Program and is a member of the Lloyd Lochridge Inn of Court.

Rudy MetayerMetayer is a Special Advisor to the Procurement and Contracting Services and to the Medical Transportation Program of the Health and Human Services Commission. He is cur-rently the President of the Austin Black Lawyers Association and serves as the ABLA representative on the Austin Bar Board of Directors. Metayer has been

an active participant in the Austin Bar’s Law Day, People’s Law School, Judicial Affairs, Diversity in the Profession, and Fit Bar committees.

Jana OrtegaA criminal defense attorney, Ortega opened her own practice in 2006. Pre-viously, she was a staff attorney for the Texas Department of Insurance. She is a former president of the Hispanic Bar Association of Austin and is the current chair of the HBAA’s Charitable Founda-tion. Ortega also chairs the Hispanic Issues of the State Bar of Texas and is

a member of the Austin Criminal Defense Lawyers Association board of directors.

DirectorsCindy Saiter ConnollyA partner with Scott, Douglass & Mc-Connico, Connolly deals with a wide range of commercial litigation issues. Her areas of expertise include technol-ogy, insurance, and professional mal-practice defense. A former president of the Travis County Women Lawyers’ Association, Connolly still serves on the TCWLA Board. A current Austin

Bar board member, she co-chairs the Austin Bar Judicial Affairs Committee and has been active with AYLA and the Austin Bar’s Civil Litigation Section.

David CourregesCourreges is the founder of the Austin-based law firm, Courreges, PC where he practices in the areas of govern-ment, administrative, and association law and mediation. The current presi-dent of AYLA, Courreges has been the recipient of numerous leadership and service awards. He also co-chairs the Austin Bar’s Legislative Affairs Commit-

tee and Wildfire Legal Response Team. A past president of the St. Mary’s Alumni Association, Courreges was also co-founder of the Austin Bar/AYLA Leadership Academy.

Monty ExterExter is a lobbyist for the Association of Texas Professional Educators, working to improve the Texas public education system. His experience includes deliv-ering messages to elected officials and the public and drafting legislation and resolutions. First appointed to the AYLA Board of Directors in 2009, Exter has been active in various committees. He

served as AYLA editor for the Austin Lawyer and has chaired the Holiday Baskets project for the past three years.

Laura Grabouski Grabouski is a partner at Buchanan Dimasi Dancy & Grabouski, focusing on all aspects of litigation in business disputes, bad faith, and insurance coverage. She serves as co-chair of the Austin Bar’s Judicial Affairs Committee and the CLE Committee, as a member of the board, and a member of the Civil Appellate Section. Grabouski has done

pro bono work for disaster victims and works with high school students through an outreach program.

Austin Bar Announces 2014-2015 Board Candidatescontinued from cover

The following candidates are vying for four two-year director positions.


D. Todd SmithSmith is an appellate attorney who be-gan his own firm in 2006 after almost a decade with Fulbright & Jaworski. Currently a member of the Austin Bar Board of Directors, Smith is a former chair of the Austin Bar’s Civil Appel-late Law Section and Solo/Small Firm Section. Author of the Texas Appellate Law Blog, Smith also teaches at Solo

Practice University, an online resource for those interested in starting their own practices.

Early voting will begin on Monday, April 14, by electronic ballot. Members of AYLA and the Austin Bar will receive an email ballot from Ballot Box. Please set your spam filter to al-low emails from [email protected].

If you prefer to vote in person, you may do so at the Austin Bar office Monday through Friday between the hours of 8:00 a.m. and 4:45 p.m. at 816 Congress Ave., Suite 700. Voting will end at the conclusion of the annual meeting on May 2. • AL

Law Day Luncheon 2014 & Annual Meeting *May 2 at noonThe Austin Club, 110 E. 9th St. Complimentary parking available at 816 Congress.

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Transition Options, Part 2By Wayne SchieSS, University of texas school of law

his column presents six more options for creating transitions and cuing order. With last month’s column, we now have a dozen. To me, large-scale ordering

is important, but conveying that order to the reader is just as important. We continue here with number 7.

7. Use subheadings. Typical motions and briefs use sub-headings, in the form of point headings, by convention or rule. But traditional memos can use subheadings, too — any docu-ment can. Subheadings ease skimming and provide cohesion. Most subheadings should be full-sentence explanatory or asser-tive headings rather than single-word or phrasal topic headings. For example, in a research memo, you might use subheadings like these:a. Text-formatting techniques can make a disclaimer

conspicuous. b. The disclaimer text must be distinguished from the

surrounding text.

8. Use a demonstrative pronoun plus a noun. Using a de-monstrative pronoun (this, that, these, those) by itself can be a problem because it’s often vague: This will not change the result (what’s this?). But if you follow the demonstrative pronoun with a specific noun, you can tie the current topic to a previous one. If the previous paragraph ended this way: The appellate court concluded that the disclaimer was conspicuous because the text was formatted in all-capitals text, the next paragraph might begin this way: This single, strong format must still distinguish the disclaimer text from the surrounding text.

9. Use a time element. When the organizational structure moves chronologically, using a time element as a transitional cue works well. Suppose you’re recounting the development of a legal standard, and your paragraph begins like this: Since 1979, courts have recognized that a single, strong format, such as all-capitals text, can be conspicuous. You might begin the next paragraph by referring to a later year, showing the passage of time, or with a relative-time statement: In 1990, [Eleven years later,] the Texas Supreme court clarified that the single, strong format must still distinguish the disclaimer text from the sur-rounding text.

10. Introduce an example or comparison. You generally do this with introductory phrases like these:• For example,• For instance,• Specifically,• Similarly,• Likewise,

So if this is the first sentence of your paragraph, Using several strong formatting techniques will generally make a disclaimer conspicuous, then the first sentence of the next paragraph might

be this: Likewise, a single, strong format, such as all-capitals text, can be conspicuous.

11. Use a single-sentence transition paragraph. Yes, it’s okay to write a single-sentence paragraph, if you do it deliberately and rarely. A single-sentence paragraph can be a great way to create an emphatic change of direction. Suppose you have two paragraphs with the following two opening sentences: Using several strong formatting techniques will generally make a dis-claimer conspicuous ... Likewise, a single, strong format, such as all-capitals text, can be conspicuous. You might then insert the following single-sentence transition paragraph: Yet format-ting techniques alone will not make a disclaimer conspicuous if there are other concerns. The next paragraph would then discuss the other concerns.

12. Use ordinals. Most of us met ordinals (first, second, third) in middle school as part of the five-paragraph essay. No, they’re not too basic for legal writing if not overused. My suggestions:

Use a set-up.Prefer bare ordinals (first, second) to adverbs (firstly,

secondly). Prefer complete ordinal follow-through (first, second, third,

fourth), avoiding finally (first, second, third, finally).If possible, arrange a skim-able approach with the ordinals

at the beginnings of paragraphs, like this:• [Set-up] In considering the format of disclaimer text that

purports to be conspicuous, Texas courts have provided three clarifications.

• First, using several strong formatting techniques will generally make a disclaimer conspicuous ...

• Second, a single, strong format, such as all-capitals text, can be conspicuous ...

• Third, the strong formatting must still distinguish the disclaimer text from the surrounding text ...

You now have a dozen techniques in your “transition tool-kit.” Use them well. • AL

opening statement

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3rd court of appeals update

he following are summaries of se-lected civil opin-

ions issued by the Third Court of Appeals during February 2014. The summaries are intended as an overview; counsel are cautioned to review the complete opinion. Subsequent histories are cur-rent as of March 31, 2014.

Discovery: Mandamus relief granted in apex-deposition challenge. In re Asplundh Tree Expert Co., No. 03-13-00782-CV (Tex. App.—Austin Feb. 5, 2014, orig. proceeding) (mem. op.). In litigation stemming from the fires in Bastrop, Bluebonnet Electric sought to depose Asplundh’s president and its risk man-agement director. The trial court denied Asplundh’s mo-tion to quash. The court of appeals noted that a party seeking an apex deposition must show the deponent has unique or superior knowl-edge of discoverable informa-tion, and that it made a good faith effort to obtain the infor-mation through less intrusive means that were inadequate. The evidence demonstrated that the deponents’ involve-ment arose after the fires occurred. Bluebonnet sought the depositions based on an email that mentioned a meeting, but failed to show deponents attended the meet-

ing or that other employees’ depositions would not have provided the desired infor-mation. The court granted mandamus relief. The con-currence questioned whether the apex-deposition rules applied to the risk manage-ment director.

Family law: Court cannot clarify an unambiguous divorce decree awarding wife future military retirement. Foreman v. Foreman, No. 03-13-00245-CV (Tex. App.—Austin Feb. 19, 2014, no pet. h.) (mem. op.). Husband challenged the award of his military retirement in his 1996 agreed divorce decree by a motion to clarify. The original decree awarded wife as her separate property 47 percent of any future military retirement if, as, and when received. Husband sought to clarify the decree to award wife a portion of his retire-ment attributable to his time in military during marriage and not after divorce. Accord-ing to the court of appeals, the decree unambiguously awarded wife 47 percent of husband’s retirement as a result of his military service, without qualification or limi-tation attributable to military service during marriage. The court concluded that the trial court did not abuse its discre-tion in denying husband’s mo-tion to clarify and affirmed.

Remedies: Subject-matter jurisdiction over garnish-ment action is in court that rendered judgment. First State Bank v. Lakeway Reg’l Med. Ctr. Dev., LLC, No. 03-13-00058-CV (Tex. App.—Austin Feb. 20, 2014, no pet. h.) (mem. op.). Bank obtained judgment in Bell County against investor. Bank then filed post-judgment writ of garnishment action in Travis County against Lakeway seeking to attach property in Lakeway’s possession that belonged to investor. The dis-trict court granted Lakeway’s motion to dismiss for lack of jurisdiction. The court of ap-peals noted that the only court with subject-matter jurisdic-tion over a garnishment action is the court that rendered the judgment to be enforced. The court reasoned that a garnish-ment action is not an original suit, but is instead ancillary to the main action. The court affirmed the order dismiss-ing the garnishment action and reversed the dismissal of bank’s cross-claim.

Trial procedure: No hearing required on motion to rein-state dismissed case. Preslar v. Garcia, No. 03-13-00449-CV (Tex. App.—Austin Feb. 26, 2014, no pet. h.) (mem. op.). After a hearing on Garcia’s motion to dismiss, the trial court dismissed Preslar’s case for

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want of prosecution. The trial court did not hold a hearing on Preslar’s motion to reinstate. The court of appeals acknowledged that Rule 165a entitles a mov-ant to a hearing. The court concluded, however, that the failure to hold a motion to re-instate hearing did not cause the rendition of an improper judgment or prevent Preslar from presenting her appeal. Participation in a motion to dismiss hearing cures any due process concern raised by not holding a hearing on a motion to reinstate. Preslar offered no new arguments or evidence in her motion to re-instate. Accordingly, the lack of a hearing was not revers-ible error. The concurrence emphasized that the harm analysis required Preslar to show new evidence or argu-ments to obtain a hearing. • AL


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briefs

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

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

Announcements for Briefs should include all pertinent in-formation including firm name, address, and contact numbers. Send submissions to Commu-nications Assistant Scott Honea at [email protected].

Balkum, Gill, Gunn Venditti, Ruiz

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

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

Announcements for briefs should include all pertinent in-formation including firm name, address, and contact numbers. Send submissions to Com-munications Assistant Britni Rachal at [email protected].

Announcements and Elections

� Scott R. Kidd, the prin-cipal of Kidd Law Firm, has become a Fellow of the Ameri-can College of Trial Lawyers. Founded in 1950, the College is composed of the best of the trial bar from the United States and Canada. Fellow-ship in the College is extended by invitation only to those experienced trial lawyers who have mastered the art of advo-cacy and whose professional careers have been marked by the highest standards of ethical conduct and professionalism. 819 W. 11th Street, Austin, TX 78701; ph: 512-330-1713

� Josie Margaglione of Margaglione Law has been elected a Fellow of the Texas Bar Foundation, a charitable organization committed to “Building a Stronger Justice System.” Fellows of the Texas Bar Foundation are selected for their outstanding profes-sional achievements and their demonstrated commitment to the improvement of the justice system throughout the state of Texas. The Texas Bar Founda-tion contributes to worthy projects focusing on access to justice for those in need and law-related education. 20808-B W. Highway 71, Spicewood, TX 78669; ph: 512-215-4439; margaglionelaw.com

� Winstead has elected shareholder James Ruiz to the firm’s board of directors.

Ruiz serves as co-chair of both Winstead’s financial services industry group and Winstead’s commercial litigation practice, representing a diverse group of clients including national insurance companies, gov-ernmental subdivisions, and high-tech businesses. He has nearly 25 years of experience advising clients on matters ranging from banking and real estate, to intellectual property, to securities and insurance. 401 Congress Ave., Suite 2100, Austin, TX 78701; ph: 512-370-2800; winstead.com

Moving on Up

� Winstead recently named real estate attorney Carey Gunn Venditti as one of the newly-elected 2014 sharehold-ers. Venditti is a member of Winstead’s real estate develop-ment and investments practice group and was previously of counsel. She has been with Winstead since 2011. Venditti is a member of the Real Estate Council of Austin and serves on the BBVA Compass advi-sory board, the HeartGift Foun-dation board, and the Austin Symphony Orchestra board. 401 Congress Ave., Suite 2100, Austin, TX 78701; ph: 512-370-2800; winstead.com

New to the Office

� Constangy, Brooks & Smith welcomes Laurianne Balkum to its Austin office as an associate. She focuses her practice in employment law,

with an emphasis on litiga-tion prevention and defense. Her practice also includes work in employee benefits and wage and hour law. Balkum has experience in represent-ing employers and manage-ment in employment litigation cases including discrimina-tion, harassment, retaliation, breach of contract disputes, ERISA claims, FMLA, and FLSA violations, as well as negli-gence claims. 8911 N. Capital of Texas Highway, Building 3, Suite 3350, Austin, TX 78759; ph: 512-382-8800

� RaNae Annette Dunham-Inghram has joined Marga-glione Law. Dunham-Inghram is currently licensed in Illinois and Missouri, as well as in the federal courts in those juris-dictions. Upon her swearing in at the U.S. District Court, Western District of Texas in April, she will begin practicing bankruptcy for the firm, and will soon be licensed in Texas as well. The firm currently practices family law and wills and probate, and will be ex-panding to include bankruptcy and civil litigation. 20808-B W. Highway 71, Spicewood, TX 78669; ph: 512-215-4439; margaglionelaw.com

� The Law Firm of Becky Beaver has recently welcomed a new associate. Lindsey J. Gill will be practicing family law with the firm. 816 Congress Ave., Suite 1600, Austin, TX 78701; ph: 512-474-5791


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

AYLA President’s Column

Tell It to a 4-year-olds many of you know, my wife and I are the proud parents of a 4-year-old little girl. As parents, it is our duty to teach her basic rules and skills with the hope

that she will live a civil, fulfilling, and happy life. Though I’m sure there are variations in each household, most children have a set of guidelines they are expected to follow. Here are the ones we (I) expect of our daughter:

1) say yes ma’am and no ma’am; 2) no whining; 3) wash your hands after everything; 4) bed time is at 8; 5) play out-side; 6) ask as many questions as possible; 7) be nice to every-one; 8) be you; 9) be happy; 10) learn to say “Hook ‘Em,” the corresponding hand sign, and “The Eyes of Texas” in English, Spanish and Chinese. I’m sure there are more, but that’s what I’m sticking with for now.

So at what age do these rules cease being rules, and what do they have to do with being a lawyer? As lawyers, we certainly ask questions, and I hope you still religiously follow rule three. What about the rest? Do you still make it a point to treat others with respect? Do you gloat when you

win or whine when you lose? Do you take care of yourself by getting proper rest and exercise? You are paid to ask questions, but do you ask ques-tions of yourself? Do you like who you have become? Are you happy?

These are questions that I have started asking of myself, and frankly, I didn’t like the answers I was giving. With the help of others, especially my family and friends, I decided to

make changes and use the basic map that my mom gave to me when I was little. As a result, over the past year I have started my own practice, consciously focus-ing on areas that I truly enjoy and clients whose interests I am proud to represent. I have started going to bed earlier and have begun exercising — I even have my first 10k in twelve years coming up next month. I’m also trying to be nicer; I belt out “The Eyes of Texas” at the drop of a hat; and I play with my daughter as often as I can. I’m certainly enjoying life.

If you have kids, or even if you don’t, I challenge you to reflect on your expectations and dreams for them and apply them to your own life and practice. Also, please don’t get offended if someone calls you ma’am. You are not old, that person’s mama just taught them right. • AL

David Courreges, Courreges, PC

A

If you have kids, or even if you don’t, I challenge you to reflect on

your expectations and dreams for them and apply them to your

own life and practice.



AYLA Board of Director Electionshe Austin Young Lawyers Association announces the candidates for the Board of Directors for the 2014-2015 bar year.

Voting will be conducted in conjunction with the Austin Bar via electronic ballot beginning Monday, April 14. Voting will con-tinue through the end of the annual meeting, held in conjunction with the Law Day luncheon on May 2 at the Austin Club.

The following candidates are running for the AYLA Board of Directors. In addition, Dave Floyd is running unopposed for the position of secretary. The new Board will take office on July 1, 2014, along with Amanda Arriaga, who will serve as AYLA’s president.

President-ElectChari KellyA former Army JAG officer, Kelly is currently a felony prosecu-tor in state court and an adjunct professor of advocacy at the University of Texas Law School. She is the treasurer of AYLA and has worked on many AYLA projects, including Holiday Baskets, Bar & Grill, and Day of Service. Kelly serves on the Retro Vegas, CLE, and Membership Development committees and is a graduate of the AYLA/Austin Bar Leadership Academy.

Mary-Ellen KingKing has practiced insurance litigation nationally for 12 years. She is an active board member of both Austin Bar and AYLA.

A graduate of the Austin Bar/AYLA Leadership Academy, King has co-chaired Holiday Baskets and the AYLA Judicial Recep-tion and is the current chair of the Austin Bar Solo/Small Firm Section. She was named 2012 AYLA Outstanding Young Lawyer and is a mentor in the Austin Bar Mentoring Program.

TreasurerKatie FillmoreFillmore is a litigation associate at Bowman and Brooke. Cur-rently serving as secretary of AYLA, Fillmore has been on the AYLA board for the past three years. She received the 2012 Outstanding Chair Award for an AYLA project that won first place awards from both TYLA and the American Bar Associa-tion. She is a graduate of the State Bar of Texas Leadership Class and Austin’s CityWorks Academy.

Cindy GrossmanA tax partner with GSRP, Grossman’s service to AYLA has focused on fundraising. She co-chaired AYLA Poker Night for three years and has co-chaired multiple times the AYLA Auc-tion Committee for the Austin Bar Gala. Grossman served on the AYLA Board from 2007 to 2010, receiving the Outstanding Committee Chair Award. She is a graduate of the Austin Bar/AYLA Leadership Academy and a mentor in the Austin Bar Mentoring Program.

T

Hayden Briggle

Chari Kelly Katie Fillmore

Dorothy Butler

Cindy Grossman

Nathan DamweberSandy Bayne

Mary-Ellen King

Cast Your Vote

To vote in the upcoming AYLA elections, you may do so via electronic ballot or in person. Members will receive an email from Ballot Box at the beginning of the voting period. If you do not receive an email from Ballot Box or choose to vote in person, you may do so at the AYLA/Austin Bar office, 816 Congress Ave., Suite 700, Monday through Friday between 8 a.m. and 4:45 p.m. The last opportunity to vote in person will be at the Law Day luncheon, May 2.

Questions? Contact Mem-bership Director Carol Tobias at [email protected] or 472-0279, x106.

continued on page 16



DirectorsSandy BayneBayne received both her law degree and LL.M. in Health Law from the University of Houston Law Center. She is a graduate of the Austin Bar/AYLA Leadership Academy, working on the 2013 class project which matched veteran volunteers for Volunteer Legal Services of Central Texas with new attorneys. She also volunteers with VLS and with American Gateways. Bayne is a solo practitioner who is expecting her third child in June.

Hayden BriggleA native Austinite, Briggle received his undergraduate, mas-ter’s, and law degrees in rapid succession from the University of Texas. Briggle currently practices at his own firm, Briggle & Polan, with one of his best friends. He is very involved within the legal community as a member of the statewide plaintiff’s organization, Texas Trial Lawyers Association, and serves on the budget committee for that organization.

Dorothy ButlerUpon earning an LL.M. in Tax Law from the University of Denver, Butler settled in Dripping Springs to start her practice. She earned her undergraduate and law degrees from LSU. She is a member of the Austin Bar, Travis County Women Lawyers Association, and AYLA. Recently, she was selected as a member of the 2014 Austin Bar/AYLA Leadership Academy. She was also selected as the first female featured attorney for the Texas Legal Protection Plan.

Nathan DamweberDamweber is a litigation attorney with Norton Rose Fulbright. Throughout his professional and academic careers, he has focused on public service and community leadership. After graduating from the University of Virginia, he joined Teach for America and taught at inner-city schools in Washington, D.C., New York City, and Austin. Afterwards, he worked with the Texas Senate. Damweber attended law school at the University of California - Berkeley.

Jackie DavisDavis has practiced family law, immigration, criminal, and probate matters at Texas RioGrande Legal Aid for the last seven years. She specializes in representing survivors of domestic violence and working with shelters throughout central Texas. She is the proud mom of an active (and practically toothless) 5-year-old boy. Davis is an active mentor attorney for Volunteer Legal Services and TRLA interns and was a member of the 2013 Austin Bar/AYLA Leadership Academy.

Drew HarrisHarris was elected to the AYLA Board in 2012. He created the successful annual “Retro Vegas” parties to raise money for the AYLA Foundation and also heads AYLA’s Teen Court program.

Drew performs in the Bar & Grill musicals, including starring in the “Austin Lawyer Style” parody music video. He is a member of the Texas Bar Foundation, Austin IP Inn of Court, and other area non-profits. Harris is a graduate of UT-Austin and Stanford Law.

Franklin HopkinsHopkins is a graduate of the Austin Bar/AYLA Leadership Academy and has participated in the MLK Day of Service. A staff attorney at the Texas Medical Board, he serves in the Army JAG Corps Reserve as a trial defense attorney. Hopkins was a prosecutor at Fort Hood and Fort Sam Houston, including a year in Baghdad, Iraq. He is active with Young Texans Against Cancer and is a Texas Exes Life Member and Longhorn Founda-tion Member.

Alex KnappA graduate of Baylor Law School, Knapp is currently practicing patent law at Meyertons Hood Kivlin Kowert & Goetzel. While at Baylor, Knapp participated in the Sul Ross Lunch Buddies pro-gram and spent spring break working for Texas RioGrande Legal Aid in Corpus Christi. Prior to law school, Knapp worked as an engineer in Houston. He is a member of the Texas Aggie Bar As-sociation and the Austin Intellectual Property Law Association.

David LawrenceLawrence is a senior counsel at Akin Gump Strauss Hauer & Feld, where he practices commercial and intellectual property litigation. Lawrence received his undergraduate degree in 1999 and his law degree in 2003 from the University of Texas. His recent involvement with AYLA and the Austin Bar includes par-ticipating in the 2013 Leadership Academy, serving as co-chair of the AYLA Trial Academy, and co-founding the Austin Bar’s Entertainment and Sports Law Section.

Whitney MackMack’s practice focuses on civil litigation with an emphasis on personal injury, construction defect, general negligence, and contract disputes. She is a third-year associate at Thompson Coe, representing individuals and corporations in the central Texas area. Mack is a volunteer at Texas Accountants and Law-yers for the Arts and Meals on Wheels. She is also a member of AYLA and the Travis County Women Lawyers Association.

Craig MooreCraig Moore is an Assistant District Attorney in Travis County, Texas. He prosecutes felony crimes involving allegations of child abuse and domestic violence. A graduate of the University of Texas School of Law and the LBJ School of Public Affairs, he is a past board member of Big Brothers Big Sisters of Central Texas, a graduate of Leadership Austin, and a member of Austin Bar, AYLA, and Austin Black Lawyers Association.

AYLA Board of Director Electionscontinued from page 15



Nadia RamkissoonRamkissoon originally came to Austin for her undergraduate degree at the University of Texas. She attended law school in Florida and is now licensed to practice law in both Texas and Florida. Currently, Ramkissoon is a defense litiga-tor for Farmers Insurance. Prior to that, she was a plaintiff’s attorney. She has worked on several AYLA projects including Holiday Baskets, the Bar & Grill Show, Retro Vegas, and the Women’s Resource Fair.

Andrea RoseRose is a 2006 graduate of the University of North Carolina School of Law and a relatively recent transplant to Austin. She has helped plan the Retro Vegas fundraiser and participated in AYLA’s MLK Day of Service at the Austin Chil-dren’s Shelter. She volunteers with VLS’ evening clinics. She loves to read, swim, and tutor elementary school children in reading. • AL

Craig Moore

Drew Harris Alex Knapp

Nadia Ramkissoon

David Lawrence

Andrea RoseWhitney Mack

Franklin Hopkins

Upcoming AYLA EventsAYLA Docket CallThursday, April 175:30 to 7:00 p.m.Mean Eyed Cat 1621 W. 5th St.Sponsored by BancorpSouth Mortgage/Jennifer Piskun Johnson - Mortgage Loan Officer

AYLA Wine Bus CLEFriday, April 2512:30 to 4:30 p.m.Email [email protected] for more information

For the most up-to-date information on AYLA events and programs, please visit ayla.org.

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beyond the practice

Mike Davis: Batting for Austin’s Oak Hill LeaguesBy Kat hinSon, aUstin Bar association

or millions of people, the beginning of April marks the beginning of the best part of the year — baseball season. For Mike Davis, a partner at Slack & Davis,

it is no different. Since Davis was a small child, baseball has played a significant role in his life.

“There was just one game — it was on Saturday — and it was the game of the week, and it was always the New York Yankees,” remembered Davis. “I had this little wooden rocking chair, and I’d sit next to my great-grandmother’s rocking chair, and we’d watch the Yankees every Saturday. I’ve been a New York Yankees’ fan since.”

And while Davis played baseball as a boy, he pointed out that as his teen years progressed, “there were cars and girls, and my baseball career kind of waned.”

As an adult, Davis started playing softball around age 18. Although he has taken time off now and then, he still plays, and is now in a local “over 60” league.

In 1989, Davis’ son Ty began playing T-ball with the Oak Hill Youth Sports Association. First as just a team helper, by the time Ty was six or seven years old, Davis was serving as an assistant coach. Assistant coach turned into head coach, which turned into a position on the league’s board, which evolved into president of the Oak Hill Youth Sports Association. Davis’ term as president was ending just as Ty was finishing his last year.

After 10 years of constant baseball activity, Davis thought he “was kind of done.” Until … A friend had a son in T-ball, and Davis agreed to help him coach the team. Then the league president at the time contacted Davis about the league’s need for a Bronco commissioner. Davis agreed to serve. The next year, the league needed a Pony commissioner. “The next thing I knew, I was the Pony commissioner.” And 13 years later, he is still the Pony commissioner!

One of Davis’ favorite aspects of being involved in the Oak Hill baseball league is watching kids start in T-ball, progress through Pony league, and often continue playing in high school and college. As Davis watched Ty and his friends go through this progression, he realized that the Oak Hill Pony League could help the players better transition between league and high school play.

“These guys who have been playing since T-ball have been playing against each other — the same people — for 10 years,”

said Davis. “In high school, they were going to be playing kids from other places and travelling to other facilities.

“I started talking to some of the surrounding youth sports associations, particularly some of the smaller ones. So we put together an interlocking league where Oak Hill and four or five other youth organizations started playing each other.”

For players who had played against virtually the same peo-ple for years, this was a fun and educational experience. “The kids were playing against different teams with different players,” said Davis. ”They were getting a taste of what it’s like to go on the road, to play at somebody else’s home field, against differ-ent fans, different umpires, maybe even a little different rules.“

Davis’ concept provided those players who continued to play ball in high school a preview of the experience. “Every-body liked it,” said Davis. “It solved some of the boredom fac-tor, and it’s a good experience for the players.”

For in-league and home games, Oak Hill teams have long played at the Oak Hill sports complex. However, in October 2013, massive floods hit South Austin, completely destroying the entire complex.

“It devastated the fields,” said Davis. “For whatever rea-son — the time of the rain, the force of the water — there was just massive debris. When it came through, it took out fences, bleachers, poles, and scoreboards. It covered the fields in silt

“There are only two seasons – winter and baseball.” — Bill Veeck

F

continued on page 20


BEFORE

AFTER

Opposite: Mike Davis at bat playing in the 2012 World Masters in Las Vegas. Top row: Massive flooding in the fall of 2013 destroyed

the Oak Hill sports complex. Middle and bottom rows: Rebuilding efforts by the community restored the complex to its former glory with

new batting cages, repair to Pony field for which Mike Davis is the commissioner, new Pinto field scoreboard sponsored by Slack & Davis,

and new playscape. AFTER photos by Traci Anderson.


and tore up the grass. It did a number on us. We had to pretty much rebuild the entire complex.”

Heartbroken kids didn’t know how they would finish out the season and couldn’t imagine how their fields would ever be back to normal. In response, the Central Texas baseball commu-nity rallied to help.

“All the neighboring leagues really stepped up to the plate,” said Davis. “We started getting contacted by commissioners and board members from the other leagues offering their fields to finish out our fall season.”

In the midst of the outpouring of support and efforts to re-build, the biggest star has been the Round Rock Express.

“The Round Rock Express sent their field-maintenance specialists out to look at the field,” said Davis. “They worked up a plan for what it was going to take to get the field fixed and ready to play.

“When our fundraising came up short, they got together and came back and said, ‘We’re going to do it anyway.’ And they have! They’ve put down new grass, new turf, did the dirt work, and the field dressing.”

In addition to everything being replaced, improvements were also made. Getting 1,000 kids and 2,000 parents in and out of the complex in one day had always been a huge chal-lenge. The Round Rock Express helped the league come up with ideas for traffic flow and managing the number of people.

With Davis’ full support, Slack & Davis has contributed an-nually to the Oak Hill league. For last year’s 20th anniversary, the firm wanted to do something special for the league. About that time, the floods hit, and the firm found out that the fields’ scoreboards were all severely damaged or destroyed. In honor of Slack & Davis’ 20th anniversary — and in honor of baseball — the firm sponsored one of the new scoreboards.

After 25 years, “People ask me, ‘Why in the world are you still doing this?’” said Davis. His reply? “I really love baseball. I’ve always loved baseball. It’s been great to me and my family.”

Davis’ son Ty played all the way through the Oak Hill league, then played at Westlake High School, was all-state, played four years at Vanderbilt, then was drafted and played a few years in the minor leagues.

“It’s really neat to go to a local high school’s baseball game and look out there on the field, and you know the second baseman used to play at Oak Hill, the right fielder was an Oak Hill player, and the pitcher for the other team was an Oak Hill player,” said Davis. “Some of these kids may go on and play college baseball. It’s neat to follow their progression and say, ‘I remember when they played at Oak Hill.’

“I mean, I’m not just totally crazy. I enjoy watching these kids progress, and I enjoy seeing what they can do.”

While baseball great Nolan Ryan said, “It helps if the hitter thinks you’re a little crazy,” Mike Davis is not even a little crazy. His love for the game and his commitment to the kids of Oak Hill proves he’s a very sane man. • AL

Mike Davis: At Bat for Oak Hill Kidscontinued from page 18

Top: Mike Davis standing far left in the Classics Senior League. Middle: The restoration of the Oak Hill sports complex included

commons areas for families and teams with new sidewalks and park benches. Bottom: Pinto field restored for Spring games.

Facility photos by Traci Anderson.

All the neighboring leagues really stepped up to the plate.


upcoming events

2014 Solo/Small Firm Section Half-day CLEJoin the Solo/Small Firm Section for their 9th Annual Half-day CLE!

Time: 1:00 to 4:30 p.m. Pre-registrant Check-in begins at 12:45 a.m. Location: Austin Bar, 816 Congress Ave., Suite 700 CLE: 3 hours, including 1.5 hours ethics creditCost: $60 for Section members; $75 for Nonmem-bers; Free to the first 25 law students to sign up. Fee includes registration, refreshments, snacks, and parking validation.

Topics & Speakers:Being Prepared for Unexpected and Novel Malpractice Claims: Social Media Landmines & Such! Jett Hanna, Texas Lawyers’ Insurance ExchangeFinancial Management for your Law Practice, Ethics & Fiduciary Duties to Clients Antony Ng, Yudell Isidore Ng Russell

Wedlocked: Recent Developments in Same-Sex Marriages & Divorce, and Issues Affecting All Practitioners Jody Scheske, Attorney at LawPractice Pointers from the Bench: Skill Development Tips for the Seasoned and Novice Attorney The Honorable Eric Shepperd, Travis County Court at Law #2

The Solo/Small Firm Section thanks our generous spon-sors, LawPay, Apropos Promo!, and Jungo Solutions.

Austin Advisors Forum (Estate Planning Section Full-day CLE)Attorneys, accountants, and financial planners are invited to attend the 2014 Austin Advisors Forum, a continuing legal education conference hosted by The University of Texas at Austin and Estate Planning & Probate Section of the Austin Bar Association.

Time: 8:00 a.m. to 4:30 p.m. Location: Li’l Tex Auditorium - Commons Learning Center, J.J. Pickle Research Campus CLE: 6 hours credit Cost: $140 per attendee through Monday, April 21 Conference details and online registration available at http://giving.utexas.edu/austin-advisors-forum.

Featured Speakers: Hon. Guy Herman, Gerry Beyer, Stacy Eastland, Stanley Johanson, Larry Katzenstein, and Stephanie Loomis-Price

APRIL

The “Upcoming Events” page highlights just a few of the events of interest to the Austin legal community. For a full listing of Austin Bar events, including Section CLEs, please visit the website at austinbar.org/events.

24

25

Law Day Luncheon & Annual Meeting*Keynote Speaker: The Hon. Rafeal Anchia Texas House of Representatives Chair, House International Trade & Intergovernmental Affairs Committee

Time: Noon Location: The Austin Club, 110 E. 9th St. (parking at 816 Congress will be at no charge) CLE: .5 ethics hours credit

Cost: $40 per person; $400 for a table of 10 $35 per person (paying by check or cash)

Along with the student winners of the Poster and Essay Contests, the following individuals and firms will be recognized at the luncheon: Professionalism Award: Susan Burton, Graves Dougherty Hearon & Moody Regina Rogoff Award: Ann Foster, State Bar of Texas Outstanding Young Lawyer Award: James Nortey II, Andrews Kurth Liberty Bell Award: Lourdes Flores, Texas RioGrande Legal Aid J. Chrys Dougherty Award: Michael Whellan, Graves Dougherty Hearon and Moody Susan P. Burton Award: Kathleen Graham, Attorney at Law Joseph H. Hart Award: Duggins Wren Mann & Romero

The Austin Bar Foundation grant recipients will be announced.

To purchase tickets via credit card, contact Marissa Lara-Arebalo at 512-472-0279, x100 or send a check payable to: Austin Bar Foundation816 Congress Ave., Suite 700, Austin, TX 78701by Friday April 25

*This will be the final opportunity to vote for Austin Bar & AYLA Directors.

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austin · Laura Grabouski Grabouski is a partner at Buchanan Dimasi Dancy & Grabouski, focusing on all aspects of litigation in business disputes, bad faith, and insurance coverage