THL_MayJune_2012

lawyerVolume 49 – Number 6 May/June 2012

inside...

Local Heroes

New Coalition Provides Legal Services to Veterans in 14-County Area

HBA Members Volunteer with Children of All Ages on Family Day of Service

Fourth Harris County Bench Bar Pro Bono Awards

Law Week 2012

27th John J. Eikenburg Law Week Fun Run

HBA Volunteers Keep Wheels of Service Turning

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1st Place, Law Week Poster Contest.

Mark Gentry | Christine Belcher-Karnauch | Shelly Maffett | Carol Gonzales

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Local Heroes

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HBA Members Volunteer with Children of All Ages on Family Day of Service

Fourth Harris County Bench Bar Pro Bono Awards

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First Place: Houston Bar Association Law Day Essay Contest

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May/June 2012 Volume 49 Number 6

FeAtURes

The Houston Lawyer (ISSN 0439-660X, U.S.P.S 008-175) is published bimonTHLy by The Houston Bar Association, 1300 First City Tower, 1001 Fannin St., Houston, TX 77002-6715. Periodical postage paid at Houston, Texas. Subscription rate: $12 for members. $25.00 non-members. POSTMASTER: Send address changes to: The Houston Lawyer, 1300 First City Tower, 1001 Fannin, Houston, TX 77002. Telephone: 713-759-1133. All editorial inquiries should be addressed to The Houston Lawyer at the above address. All advertising inquiries should be addressed to: Quantum/SUR, 12818 Willow Centre Dr., Ste. B, Houston, TX 77066, 281-955-2449 ext 16, www.thehoustonlawyer.com, e-mail: [email protected] Views expressed in The Houston Lawyer are those of the authors and do not necessarily reflect the views of the editors or the Houston Bar Association. Publishing of an advertisement does not imply endorsement of any product or service offered. ©The Houston Bar Association, 2012. All rights reserved.

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34President’s MessageFulfilling Our Mission By DeNise scofieLD

from the editorIt’s a WrapBy TaMara sTiNer TooMer

committee spotlightHBA Habitat for Humanity Committee Builds 15th Home By sHaroN D. caMMack

a Profile in Professionalism Jack Mcconn Trial Lawyer and Former President of the Houston Bar Association

off the recordJudy Ney: Teaching Customs to Students Also a Learning Experience By farraH MarTiNez

Legal TrendsFuture of Texas Open Beaches Act Clouded by Supreme Court Decision By VaL PerkiNs

The Texas Supreme Court’s Emphasis on Private Property Rights Continues By VaL PerkiNs

Media reviewsRaising the Bar: The Crucial Role of the Lawyer in Society reviewed by roBerT W. PaiNTer

Typography for Lawyers: Essential Tools for Polished & Persuasive Documents reviewed by saMMy forD iV

Placement service Litigation MarketPlace

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Cover: The poster used for the creation of our cover was created by Halle Brazda of The Kinkaid School and is the winning poster in the 4th-8th grade category in the HBA Law Week Poster Contest and the State Bar of Texas Law Day Poster Contest


The Houston Bar Association’s mission is to serve the com-munity and the profession. In furtherance of this mis-sion, the 2011-12 bar year was a busy and successful

one for the HBA and its three ancillary organizations—the Houston Volunteer Lawyers Program, the Houston Lawyer Referral Service and the Dispute Resolu-tion Center.

Our members directly touched the community in many ways through their HBA service over the course of this past year, including (but not limited to!):

• HBA members read to over 7,800 ele-mentary school chil-dren about the Con-stitution.

• Members of the Speakers Bureau made 180 speeches, reaching 8,400 people.

• The IDEA program reached 3,200 fifth graders in 9 Houston school districts through an interactive dia-logue on the legal and medical con-sequences of drug and alcohol abuse.

• 5,000 high school seniors and adults participated in presentations on the Importance of Jury Service.

• 300 high school students learned about Voir Dire this past fall.

• 2,800 youth and their parents partic-ipated in the Juvenile Consequences Program.

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• The Juvenile Justice Mock Trial Pro-gram taught 1,400 8th graders about our justice system.

• Our Law Week programs reached over 8,600 youth in Harris County.

• Volunteers answered 6,400 calls to our LegalLine program.

By my count, through these commu-nity service programs alone, we touched

over 50,400 Housto-nians, many of them children. And that does not include the lives we improved though our donations of books, clothing, household items, diapers, and cash, including for instance, our annual contributions to The Center and Habitat for Humanity.

Nor does it include the lives we’ve changed through our provision of advice and counsel and legal services on a pro bono basis to the residents of Houston:

• The Houston Volunteer Lawyers Program served 39,000 people and placed 1,544 pro bono cases in 2011.

• Our new HVLP executive director, Alissa Rubin, is well on her way to enhancing the pro bono experience both for our clients and our volun-teer lawyers.

• Under the steady guidance of long-time executive director Nick Hall, the Dispute Resolution Center con-ducted 3,000 mediations in 2011

and provided information and refer-ral services to 48,000 people.

In addition to serving the community, we enjoyed successes this year in our ser-vice to the profession as well, the second arm of our mission:

• The Houston Lawyer’s editorial board published six well-received maga-zines on issues of professional and personal interest.

• The Continuing Legal Education Program provided 360 hours of free CLE.

• The Senior Lawyers Committee hosted seven well-attended events, bringing together lawyers of all ages to address a wide range of topics.

• We hosted our Criminal and Ap-pellate Bench Bar Conference at the 1910 Courthouse and had record-breaking attendance and a terrific program.

• The Gender Fairness Commit-tee partnered with the Association of Women Attorneys to promote a first-of-its-kind boot camp for young women lawyers and hosted three well-attended Networking Lun-cheons.

• The Harvest Party was a resounding success and provided another op-portunity for our members to come together and visit. Similarly, the Golf Tournament, which we had consid-ered sunsetting in recent years, en-joyed a revival and brought together members of the bar and the judiciary for a great day out at Memorial Park.

Fulfilling Our Mission

“By my count, through these community

service programs alone, we

touched over 50,400

Houstonians, many of

them children. And that

does not include the lives

we improved though

our donations of books,

clothing, household items...”


Finally, our Family Day of Service re-ally fulfilled both arms of our mission. We served the community in 10 differ-ent locations and served our members by giving them an opportunity to share the importance of volunteerism with the children in their lives.

So thank you to each of you for what you contributed over this past year and for giving me the opportunity to lead this great organization. Thank you also to the real heart and soul of the HBA, Kay Sim. You all already know this, but being ex-ecutive director of the HBA is not a job to Kay—it is a calling, and Kay continually inspires board members, volunteers, and her staff to do more and to do it better. Thank you as well to Tara Shockley, Ash-ley Steininger, Lucy Fisher and Ron Rio-jas, as well as our other terrific staff mem-bers, who are our ambassadors within the community and the profession and who make the Houston bar look as good as it is. We couldn’t be more fortunate.

thehoustonlawyer.com May/June 2012 7

It’s that time of year again for The Houston Lawyer’s signature volunteerism issue, which signals the end of another great bar term and my tenure as the editor in chief. (I hope your excitement is for the former and not the latter.) While I am proud of ev-ery THL issue this bar term, I am particularly fond

of the volunteerism issue because it highlights the re-markable work Houston at-torneys do in the community without the expectation of being paid for their time or recognized for their efforts. These individu-als simply vol-unteer in the spirit of help-ing someone in need and because it is something we all should strive to do—give back a little of our time to positively impact the lives of others. I wish we had enough space in this issue to recognize all those in the Houston Bar community who volunteer their time and resources to help others. However, it is with pleasure that we profile a handful of these remarkable individu-als whose dedication and commitment to others em-body the true spirit of volunteerism.

Our profiled volunteers run the gamut: from an assis-tant district attorney whose love of basketball led her to volunteer as a young girls’ basketball coach to a couple whose work in the community is equally as beneficial to them as it is to those they serve. One of our volunteers shows us the difference a bed will make, while another one teaches us that volunteering does not have to stop at the U.S. border. Rounding out the list, we look at the dedication of a friend who carries out the vision of his

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By TaMara sTiner TooMerMcGuireWoods llP

associaTeeDiTors

Julie BarryAttorney at Law

Keri BrownBaker Botts L.L.P.

Angela L. DixonAttorney at Law

late friend by arranging for inner city youth to travel to Israel to experience life outside of Houston’s 18th Con-gressional District. These individuals are nothing short of inspiring and prove that a little bit of someone’s time can go a very long way.

Given the topic of this special issue, it is only fitting that I thank the members of THL’s editorial board who

are volunteers themselves and who gave self-lessly of their time this bar term to contin-ue the long tra-dition of mak-ing THL one of the leading bar journals in the nation. It made my job that much easier to work along-side a group of dedicated, hard-working

individuals who worked around the clock to make sure every “i” was dotted and every “t” was crossed. Of course, none of THL’s issues would be possible without Tara Shockley whose job in keeping a bunch of attor-neys focused on one thing at a time was akin to herd-ing cats. I also want to thank Julie Barry for her role as guest editor of this issue of THL. Julie not only did a superb job in shepherding the articles, but authored several of them as well. Finally, it has been a great honor to serve as the editor in chief of THL for the 2011-2012 bar term. I enjoyed my time at the helm, but as with all good things, it must come to an end. I officially pass the traditional Red Pen of Office to Keri Brown, THL’s editor in chief for the upcoming bar term, and I look forward to reading what is published under her tenure. As always, I hope you enjoy reading this issue. That’s all folks!

It’s a Wrap

Don Rogers Harris County District Attorney’s Office

Robert W. Painter Painter Law Firm PLLC

The 2011-2012 editorial Board of The Houston Lawyer: first row from left, keri Brown, associate editor; Tamara stiner Toomer, editor in chief; Julie Barry, associate editor. Back row, from left: angela Dixon, associate editor; farah Martinez; John Gray, immediate past editor; robert Painter, associate editor; Judy Ney; Don rogers, associate editor; al Harrison; sammy ford iV; sharon cammack; Gary Wiener; and Polly Graham. Not pictured: Nick Nicholas, Benjamin sanchez, N. Jill yaziji and Joy sanders.


BOARD OF DIRECTORS

DIRECTORS (2010-2012) Benny Agosto, Jr. Todd M. Frankfort Warren W. Harris John Spiller

DIRECTORS (2011-2013) Hon. David O. Fraga Jennifer Hasley Neil D. Kelly Daniella D. Landers

EDITORIAl STAFFeditor in chief

Tamara Stiner Toomer

associate editors

Julie Barry Keri D. Brown Angela L. Dixon Robert W. Painter Don Rogers

editorial Board

Sharon D. Cammack Don D. Ford III Sammy Ford IV Polly Graham John S. Gray Al Harrison Farrah Martinez Judy L. Ney Edward J. (Nick) Nicholas Caroline C. Pace Benjamin K. Sanchez Joy E. Sanders Hannah Sibiski Gary A. Wiener N. Jill Yaziji

Managing editor

Tara Shockley

HBA OFFICE STAFF

ADvERTISIng SAlESDESIgn & pRODuCTIOn

QUaNTUM/sUr12818 Willow Centre, Ste. B, Houston, TX 77066

281.955.2449•www.quantumsur.com

PublisherLeonel E. Mejía

Production ManagerMarta M. Mejía

advertisingMary Chavoustie

executive DirectorKay Sim

administrative assistantAshley G. Steininger

administrative assistantBonnie Simmons

receptionist/resource secretaryLucia Valdez

Director of educationLucy Fisher

continuing Legal education assistantAmelia Burt

community education assistantNatasha Williams

Membership and Technology services Director Ronald Riojas

Membership assistant Ariana Ochoa

committees & events Director Claire Nelson

communications DirectorTara Shockley

communications/ Web DesignerBrooke Benefield

PresidentDenise Scofield

President-electBrent Benoit

first Vice PresidentLaura Gibson

second Vice PresidentM. Carter Crow

secretary Alistair B. Dawson

Treasurer David A. Chaumette Past PresidentT. Mark Kelly


Local

HeroesJ. kent friedman a Man for all seasonsBy Julie Barry

W hen the late Houston Congress-man George Thomas “Mickey” Leland traveled to Israel in 1979,

the seeds of a mission were planted. Inspired by his trip, the Congressman dreamed of es-tablishing a foundation that would sponsor inner city teenagers from his beloved 18th Congressional District to make a similar journey, allowing them to broaden their un-derstanding of the world and of themselves. His dream became a reality in 1980 and has continued to thrive after his death, thanks in large part to his close friend, J. Kent Fried-man. To honor the vision of the Congress-man, who died tragically on a hunger mis-sion to Ethiopia in 1989, Kenny Friedman helped establish the Mickey Leland Kib-butzim Internship program in 1980 and has worked tirelessly to maintain the program for over 30 years.

To date, the program has enabled more than 300 high school juniors from Mickey Leland’s district to participate in the Israel internship. While in Israel, the interns expe-rience life on one of Israel’s kibbutzim, col-lective communities that traditionally served as cooperative farms but now also serve as manufacturing facilities. The students also volunteer at the Leo Baeck Education Cen-ter and have firsthand experiences of life in Israel. For a number of these students, the trip is their first journey outside of Texas, let alone the United States. Many of these stu-dents go on to become leaders of diversity and interfaith dialogue on their college cam-puses. And what better person to serve as a

kenny and Dr. ann friedmanVolunteering is a way of life for many HBa members. They help children, the elderly, the displaced, the downtrodden. some provide their legal expertise; some provide a helping hand in other areas. They spend countless hours working to better their communities. The HBa members profiled here represent a small sampling of the diverse volunteer efforts of lawyers in our city. They improve the profession, enrich their own lives, and empower the lives of others.

of leaders from completely diverse politi-cal backgrounds, and he will in my opinion have the respect and admiration of everyone in the room. He is considered extraordinarily fair and open to listening to all ideas. Every-one always walks away from these meetings with a deeper understanding of, and respect for, the other person’s view.”

Certainly Kenny Friedman’s background had some influence on his views of bridging the barriers of diversity, having been raised in Biloxi, Mississippi. But Kenny attributes his involvement in what he terms as “just causes” to his parents. “They were very in-volved in community and civic affairs, from both serving on the School Board to heading the local synagogue. But, more importantly, they were kind souls, who cared about oth-ers,” explains Friedman. “There was never a Jewish holiday in our home when we did not have several service men stationed at Keesler Air Force Base join us for the meal. They were away from home, and my parents reached out to make them feel welcome.”

Kenny claims that he never once experi-enced any anti-Semitism while growing up. “When I was in high school, I was elected president of the Mississippi Association of Student Councils, and my relatives outside of the South were astonished that such a thing could happen; but it felt perfectly normal to me,” he remembers. While anti-Semitism may not have been at the forefront of Kenny Friedman’s childhood experiences, the re-alities of a segregated South were. He recalls one day when he was about seven years old that his housekeeper, Rosie Lee, who was black, was to deliver him downtown to his parents’ clothing store. When the two com-panions boarded the bus, the driver would not let Rosie Lee sit in the front of the bus with Kenny, nor Kenny in the back of the bus with her. So, Kenny insisted that they disembark and walk the six miles to down-town. In the scheme of history, the incident was a small gesture, but nevertheless a grand statement at the time for a seven-year-old living in Biloxi.

Kenny Friedman has always enjoyed “rocking the bus,” so to speak. Last year, he and his wife, Ann, gathered together a group of their friends of differing religious and eth-

role model for these young people than Ken-ny Friedman, who has distinguished himself in the Houston community throughout the years as a civic leader dedicated to promot-ing tolerance, education and understanding among Houston’s diverse interest groups.

In addition to the Leland Internship pro-gram, Kenny has served as a member of the Board of Regents of Texas Southern Univer-sity; as co-chair of the Greater Houston In-ner City Games; and as chair of the Com-munity Relations Council of the Jewish Federation of Greater Houston. He also has served on the boards of the Houston Area Women’s Center, Houston Interfaith Minis-tries, the Anti-Defamation League, Houston Proud and the Leo Baeck Foundation, as well as many other organizations. His acco-lades are similarly numerous. In 1999, the Houston Bar Association Auxiliary awarded Kenny with the Leon Jaworski Award, giv-en annually to a member of the Houston Bar Association deemed to have made the most significant contribution to Houston’s civic and cultural life. The American Jew-ish Committee awarded him with the Max Nathan Award, given to a member of the Jewish community who has succeeded in strengthening and building bridges to the larger Houston community. Recently, Kenny became the first recipient of the Joe Niekro Foundation Humanitarian Award for his outstanding commitment and contributions to the Houston community.

Kenny Friedman’s admirers are as numer-ous and diverse as his community endeav-ors. City Council Member Ellen Cohen met Kenny Friedman while she was executive director of the Southwest Region of the American Jewish Committee, one of the old-est human rights organizations in the United States. During her tenure, Kenny served as president of the organization in 1982 and 1983. “If you ever want to learn about how to be respectful of people of all persuasions, you need to sit in a room with Kenny Fried-man and watch and listen to how he inter-acts with others,” explains Council Member Cohen. “When you think of diversity, you immediately think of ethnic diversity first and then religious. But there is also politi-cal diversity. Kenny can be in a room full

nic backgrounds and served as their tour guides through Israel. One of the highlights of the trip for Kenny was the evening he led a discussion group among them, which he dubbed, “everything you always wanted to know about each other’s religion, but were afraid to ask.” Admittedly, there were a few tense moments during the discussion, but as always, everyone in the group came away with a keener insight into the others’ beliefs.

Friedman’s professional life has been as diverse and pioneering as his community endeavors. After Kenny received his law de-gree from Tulane University and his L.L.M. in taxation from Boston University, he prac-ticed law at Butler, Binion, Rice, Cook & Knapp from 1968 to 1982. Then, in 1982, when it was quite unfashionable to mutiny a large law firm, Kenny joined his friends in forming Mayor, Day & Caldwell, where he served as managing partner until 1992. During Mayor Bob Lanier’s terms in office, Kenny served as Trustee of the Mayor’s blind trust and managed his business interests. Since 2000, he has served as General Coun-sel to MAXXAM Inc. In 2010, Friedman joined the Corporate and Public Law Prac-tice Groups at Haynes and Boone, LLP, where he currently practices. He also currently serves as chairman of the board of the Harris County-Houston Sports Authority.

Married to Dr. Ann Friedman, Kenny is the proud father of Beth, Alison, Brent, An-drew and Ryan. With one son, Ryan, still at home, Kenny’s life could not be more filled or fulfilling. Kenny Friedman has devoted a lifetime to Houston’s legal community, Jewish community and the community at large. In the process, he has helped others gain a better understanding of their differing views with a quiet and patient demeanor, a thoughtful mind, and sense of compassion and respect for all individuals.

Julie Barry, attorney at law, focuses on U.S. and international commercial transactional matters. She is an associate editor for The Houston Lawyer.

For more information about the Mickey Leland Kibbutzim Internship Program, visit mickeylelandkibbutzim.org.


of directors. The St. Thomas More Society educates members of the bar on legal eth-ics issues informed by the Catholic faith.

Elizabeth also is an active community volunteer, most notably with the Board of Directors of Catholic Charities of the Arch-diocese of Galveston-Houston. Elizabeth is a member of the Executive Committee and the Legal Committee, as well as chair of the Development Committee. She is a founding member of Young Professionals for Catholic Charities. Many HBA mem-bers know Catholic Charities for its work providing legal services to immigrants; however, the work of Catholic Charities is much broader and encompasses many pro-gram areas, such as adoption assistance, assistance to senior citizens, housing as-sistance, disaster assistance and an AIDS ministry. Catholic Charities is an organi-zation of people of faith helping people in need achieve self-sufficiency. It provides culturally sensitive social services without regard to race, religion or socioeconomic status.

Additionally, Elizabeth is known for her

richard and elizabeth Husseini Making a Difference in More Ways than oneBy keri D. Brown

R ichard and Elizabeth Husseini lead busy day-to-day lives—Richard recently became chair of the firm-

wide Tax Department at Baker Botts L.L.P., and Elizabeth is a former Baker Botts cor-porate partner who now spends her days raising their growing family. Yet Richard and Elizabeth set aside time to volunteer for a variety of charitable and educational organizations throughout Texas.

Richard serves on the Board of Trustees of his alma mater the University of Dal-las, a Catholic liberal arts university. Rich-ard sits on the Executive Committee and chairs the University Affairs Committee, in addition to his alumni activities. Richard is a proud graduate of UD, and passionate advocate for its core curriculum dedicated to preserving the Western Judeo-Christian intellectual tradition.

Here in Houston, Richard is a trustee of Houston Grand Opera and serves on op-era committees for trusteeship, for patrons and for corporate involvement. Richard and Elizabeth are longtime opera buffs and became engaged after the 1999 HGO per-formance of Mozart’s Don Giovanni. They are consistent supporters of HGO’s Young Artist Studio program and are members of the HGO Leadership Council.

Richard is a founding member of the St. Thomas More Society of Galveston-Hous-ton, a Catholic legal ethics group that in-cludes attorneys, judges and law students. Richard is the immediate past president of the Society and currently sits on its board

elizabeth and richard Husseini


Michael Jones Going above and Beyond for a familyBy shawn M. Bates

As the parties approached the bench for the final hearing on the adoption, the judge looked down and asked just one question of the ad litem: “Do the children have sep-arate beds?” The ad litem answered, “Yes, your Honor. That issue has been resolved.” And with that, the adoption was granted, and a new family created

Michael Jones, an associate at Schwartz, Junell, Greenberg & Oathout LLP, is no stranger to

work on the board of directors of Preser-vation Houston (formerly known as the Greater Houston Preservation Alliance), Houston’s local partner for the National Trust for Historic Preservation. Preserva-tion Houston promotes the preservation and appreciation of Houston’s architectur-al and cultural historic resources through education, advocacy and committed ac-tion, thereby creating economic value and developing a stronger sense of community.

Elizabeth also is an active member of the Junior League of Houston. Several days a month, you can find Elizabeth volunteer-ing at the Junior League Tea Room and helping to raise funds to support the vari-ous JLH community projects.

Richard and Elizabeth are active pa-rishioners at the Co-Cathedral of the Sa-cred Heart, and Richard sits on the Parish Council. In addition, they are active sup-porters of various Catholic causes in our community, including Holy Cross Chapel and the Equestrian Order of the Holy Sep-ulchre of Jerusalem.

The intangible benefits that Richard and

Elizabeth receive for their charitable works are just as strong as the benefits that each of the organizations receives. As Richard notes, “Volunteering is a win-win for us. Through our leadership and participation in a variety of organizations, we not only work to improve our community but also to develop our own potential as individu-als. Elizabeth and I are better people for having stepped out of our comfort zones to understand the life struggles others face. We are also better lawyers for having developed the strategic thinking, conflict resolution and advocacy skills required of a non-profit board member.”

Richard and Elizabeth encourage all members of the bar to become active vol-unteers in their community to achieve the same personal satisfaction they have achieved through helping others.

Keri D. Brown is articles editor of The Houston Lawyer and a Senior Associate in the Private Client Services section at Baker Botts L.L.P., where she handles tax litigation and controversy work.

Michael Jones and his family


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volunteering his time to the community. During high school, Michael spent six months becoming a certified EMT so that he could volunteer with his town’s all-volunteer (and only) first aid squad in Franklin Lakes, New Jersey. Michael volunteered as an EMT for six years, con-tinuing through high school and while on holidays and breaks from college. Since becoming licensed as a Texas attorney and beginning his practice in Houston in 2010, Michael has continued that tradi-

tion. In keeping with Michael’s core be-liefs that we should all give back to our community, he has volunteered for Le-galLine and has participated in many of the HBA’s Houston Volunteer Lawyers Program’s Saturday legal clinics. Michael’s dedication is echoed by his firm’s commit-ment to community service. (Schwartz Junell received the Houston Bar Founda-tion’s 2011 Award for Best Contribution by a Small Firm to the Houston Volunteer Lawyer’s Program; in 2011, the firm of 29

lawyers committed over 345 hours of pro bono service.)

But perhaps the most life-changing vol-unteer experience for Michael occurred when he took a modification of conserva-torship case from HVLP in February 2011. Once Michael took the case and began to investigate, he realized that his clients really needed an adoption. Initially, this presented a dilemma for Michael since HVLP does not generally handle adop-tion cases because of the costs involved. However, Michael and his firm commit-ted to helping the family. He discussed the matter with HVLP, and HVLP agreed to allow Michael to handle the adoption once the family raised the required ad li-tem fees. The family was, of course, very excited. But in the legal field, things rarely go exactly as planned. The pre-adoption social study by the Harris County Domes-tic Relations Office (HCDRO) came back favorable to Michael’s clients, but noted concerns because the child seeking to be adopted, a boy, shared a bed with his older sister. The family could not afford

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akilah Mance a Basketball star Paying it forwardBy Don rogers

A kilah Mance, a Harris County as-sistant district attorney, grew up in a basketball family and acquired a

passion for the sport at a very young age. Her father, Eric Mance, retired as head boy’s basketball coach at Martin Luther King High School in Lithonia, Georgia in 2009 after attaining over 500 wins during his 35-year coaching career. Her brother, Omar Mance, currently works as assistant men’s basketball coach at the United States Military Academy at West Point.

another bed, and so the two children were going to have to share.

Anticipating that this could present a fatal problem down the road—from read-ing the social study, it seemed very likely that the HCDRO would not recommend approval of the adoption unless the boy and his sister had separate beds—and knowing the family had gone through great lengths to raise the ad litem fees, Mi-chael pulled out all the stops. He obtained the donation, delivery and set up of two full bed sets from Southwest Mattress in November 2011. The adoption was grant-ed after a hearing on February 29, 2012. Michael notes that the “overwhelming gratitude” expressed by his clients once again confirmed for him that all of us, as lawyers, should give something back to those that have less.

Shawn Bates is Of Counsel at Schwartz, Junell, Greenberg & Oathout LLP, where he litigates complex commercial trials and arbitrations for energy sector companies.

akilah Mance coaches the yMca Heat


Marshall School of Law because she finds it exciting to help future lawyers hone their advocacy skills, and enjoys sharing with them her experiences as a prosecutor. The school’s Board of Advocates recently named her Judge of the Year as a result of her volunteer activities there during the past year.

Of her volunteer activities, Akilah says: “I know that I am only where I am today because someone in my position many years ago thought it was important to volunteer their time with a girl like me. I really enjoy volunteering and I feel as though I am simply giving back all the support, advice and knowledge that other volunteers gave to me throughout my life. When I participate in a volunteer project, I always come away with so much more than I have given. At the end of the day, I volunteer because I’ve always believed that if I can help one person on my jour-ney in life, then my life is not in vain.”

Don Rogers is an assistant district attorney with the Harris County District Attorney’s Office, and an associate editor of The Hous-ton Lawyer. He received his J.D. and LL.M. degrees from the University of Houston, and is board certified in Criminal Law and Criminal Appellate Law by the Texas Board of Legal Specialization.

Joyce Margarce a sisterly BondBy angela L. Dixon

S ix years ago, Joyce Margarce made a decision to not only make a differ-ence in someone else’s life, but in

Akilah herself played basketball through high school, and later played in-tramural basketball at several universities she attended, including Rice University, where she obtained her bachelor’s degree in 2005; the University of Georgia, where she obtained her doctor of jurisprudence degree in 2008; and Oxford University in England, where she studied through a co-operative program during her last semes-ter of law school.

Akilah, who started working for the Harris County District Attorney’s Office in November 2008 and currently serves as chief prosecutor in County Crimi-nal Court at Law Number Three of Har-ris County, has volunteered with various service organizations and at her church for most of her life. She particularly likes working with children. After she returned to Houston to work, her love of basket-ball led her to volunteer as a girls’ bas-ketball coach at an after-school program at the Stella Link YMCA, and she recently coached a team of eight 11-to-13-year-old girls there during the 2011-2012 season. “I have always enjoyed coaching young basketball players,” she said, “so when I relocated to Houston again, I wanted to get involved in the same way. It’s exciting to see players grow in their skills over the course of a season, and I am even more pleased when I see the game of basketball teach young people life lessons about dis-cipline, hard work, confidence, and the competitive spirit.”

Akilah also volunteers in many activi-ties unrelated to basketball. Among oth-ers, she is a member of the Rice Alumni Volunteers for Admissions, and, since 2006, frequently assists the university’s admissions department during the fall and spring semesters by attending college fairs and interviewing prospective students for recruitment purposes. She is a member of the Association of Rice University Black Alumni as well, and helps students and alumni in various ways through that orga-nization’s activities.

Akilah also regularly volunteers to serve as a moot court and mock trial judge at Texas Southern University’s Thurgood

the process changed her own as well. “I became a big sister with Big Brothers Big Sisters because I was intrigued and wanted to help,” Joyce said. “My little sister Jus-tine was nine years old when we met, and over the years she has taught me so much about trust, caring, another side of life in Houston and challenges in inner city schools. We are from different cultures and backgrounds, but now we share a spe-cial bond.” Joyce said Justine keeps her young and active as well.

In the beginning, Justine was very shy and a very picky eater. “She pretty much liked to eat only pizza and hamburgers,” Joyce said. “And mostly pepperoni pizza.” Just before Christmas, Joyce decided to take her little sister to Olive Garden to see if she would eat something other than pizza. After they put in their order and got their drinks, they just sat and talked with each other. All of a sudden, Justine burst into tears. Up to that point, Justine had not really shared much and the trust was slow to come. Joyce was surprised by the tears and moved to the other side of the booth to put her arm around Jus-tine and offer some comfort. It was then that Justine shared that her dad had got-ten into some trouble and would be gone for a few months. Justine was devastated, and Joyce’s heart was breaking to see her little sister in such distress. However, that was when a beautiful friendship started to blossom.

Through shared tears, the trust began to grow, and a lasting friendship was formed. Now, Justine shares her dreams and goals with Joyce. “Justine wants to be a chef,” she said. “I asked her if she would forget about me when she became a famous chef. She looked at me and said, ‘No, you can come live with me.’” Joyce said she will never forget how those words made her feel. “Sometimes you never know the ef-fect you are having on a person but for her to want me in her life long term is some-thing special.”

Nowadays, you can find Joyce and Jus-tine doing volunteer work together. “I wanted to make sure she knows the im-portance of giving back,” Joyce said. On

Joyce Margarce and Justine


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one occasion, Joyce gave Justine the op-tion to volunteer or go on a fun outing to the movies or out to eat, and Justine chose the service work. The pair volunteered at the Star of Hope working side by side serv-ing food to the shelter’s residents. “Justine served vegetables and salad and the funny thing is that she dislikes them,” Joyce said. “The first few plates she only put a tiny bit of salad on the plate. We had to help her give bigger portions and remind her that other people like salad,” Joyce laughed. “I am hoping Justine will continue the role of service she is learning through me.”

Joyce is also proud of the fact that Jus-tine has been doing consistently well in school since they have been matched. “Initially, she was having some difficulties with school, but now she is always excited to tell me about her progress and grades,” Joyce said.

Joyce is a strong supporter of Big Broth-ers Big Sisters and notes that there is a need for volunteers, especially male. “There are hundreds of boys on the waiting list hop-ing to have a big brother, just someone

they can look up to and hang out with,” she said. Joyce said that all it takes is a little time, and it is worth every minute of it. The agency has community-based and school-based programs, so there is some-thing that can work for everyone.

While Joyce is an involved Big Sister, she also finds time to help with several other organizations. In January, Joyce and several church members from the Church in the Center traveled to Guatemala with Stepstones Ministries International where their motto is to give people “a step up.” The members helped to build two homes for widowed mothers and their children. “On our first full day in Guatemala, we had children’s church which involved a lot of playing, hitting balloons, and relay rac-es,” Joyce said. “We taught the children a bible story by acting it out, and I was also able to pick coffee beans one afternoon to help out a local coffee grower.” Joyce said despite the poor conditions, the people re-ally had a sense of community.

Joyce also serves as an advisory board member of the local chapter of the Com-


passionate Friends organization. The Compassionate Friends offers comfort and grief support following the death of a child. Joyce lost her daughter Jessica when she was 15 in an automobile accident, so the organization is near and dear to her heart. Joyce founded the Katy Chapter of Compassionate Friends in 1998 with an-other group of bereaved parents. Joyce has served on the National Board of Directors for four years. When not volunteering, Joyce is busy with her own law firm prac-ticing civil litigation and mediation.

Angela L. Dixon is the owner of the Law Office of Angela L. Dixon, and an associate editor for The Houston Lawyer. Angela is also the Big Sister who introduced Joyce to Big Brothers Big Sisters.

emma Mata Helping Provide a Better Life to child immigrantsBy Julie Barry

W ith two young children of her own, and being the youngest of five children herself, Emma Mata

has a great appreciation for a safe family environment for children. This compas-sion has led Emma, a commercial litiga-tion attorney at Seyfarth Shaw LLP, to de-vote much of her time to Kids in Need of Defense (“KIND”), helping undocument-ed children obtain legal status in the Unit-ed States with loving family members.

Each year, approximately 8,000 chil-dren arrive in this country without a par-ent or legal guardian accompanying them. Many of these children are fleeing abuse and violence in their home countries.

Upon their arrival, the children often are taken into custody by the federal govern-ment to face immigration and removal proceedings. Without the legal assistance offered by organizations such as KIND, these children would go through depor-tation proceedings alone, without legal representation. KIND partners with law firms and corporate legal departments in providing pro bono legal assistance to these children. As a result of the assis-tance provided by lawyers volunteering for KIND, many of these children obtain legal status with relatives in this country. Children who are found ineligible to re-main in the United States are returned to their home countries, often without fam-ily members to care for them. With this dilemma in mind, KIND started a pilot program in Guatemala to help these chil-dren going through the re-entry process to obtain the basic necessities for life.

For two and half years, Emma Mata has been working with KIND to assist children in maneuvering through the immigration process. She currently is handling a deportation proceeding for a

emma Mata, far right, with children from kiND


young teenage boy from El Salvador who was abandoned by his father as a baby. His mother, unable to support herself in El Salvador, left him at the age of 4 to come to the U.S. to find work. He had not seen his mother for 10 years until he arrived in the United States illegally a few months ago. Emma hopes to obtain a Special Immigrant Juvenile visa for him.

Emma also has helped three young children from El Salvador sent by their ailing grandmother to live with their aunt in the U.S. after their El Salvadoran par-ents died. These children were fortunate enough to have a relative in this coun-try with legal status who could care for them, but they still faced deportation, as they came to the U.S. illegally. Their aunt contacted KIND for help, and Emma was assigned to the case. Emma proved that there was no one to care for the children in El Salvador and eventually was able to obtain legal residency status for them.

Emma’s firm, Seyfarth Shaw LLP, is a big supporter of KIND and of all pro bono activities handled by its legal profession-als. Recently, the firm introduced its

SeyfarthLean program to KIND. Sey-farth’s program is a methodology for the delivery and billing of its legal services, based on the Six Sigma corporate man-agement strategy. Through its collabora-tion with Seyfarth, KIND has been able to offer its pro bono attorneys a more systematized step-by-step internet pro-cess for handling cases, including pro-viding them with access to forms, trans-lated documents, and discussion boards. For Emma, who is a certified “Lean Six Sigma Yellow Belt,” having 100 percent support from her law firm in her pro bono work has had a tremendous impact on the quality and success of her pro bono experience. “The Houston office of Seyfarth Shaw has had close to 100 per-cent participation in pro bono work from its attorneys for the last couple of years,” Emma explains. “Our legal team on the first KIND case I handled included our managing partner for the Houston office. I can’t really ask for more support than that!”

Emma, who is fluent in Spanish, has been able to work closely with her young

clients and keeps up with their progress even after her cases are finished. “I look forward to hearing that they will all at-tend college and have successful careers one day,” she says. Her work not only has transformed the lives of the young chil-dren she assists, but it has also shaped the lives her own children. “The pro bono work I have done through KIND has allowed me to teach my children about how fortunate they are to live in the United States and to talk to them about the unlimited opportunities they have here. My children met the children I helped through KIND and were amazed that I was able to assist them with giv-ing them a ‘new life’ in this country. My 8-year old daughter still asks me about those kids and whether they are still safe living here in the U.S.” Thanks to the work of Emma Mata, children in need of an advocate are finding that help.

Julie Barry, attorney at law, focuses on U.S. and international commercial trans-actional matters. She is an associate editor for The Houston Lawyer.


New Coalition Provides

Legal Services to Veterans in

14-County Area

Attorney Denice Smith recently drove to Huntsville to volun-teer at a Saturday veterans’ legal clinic in memory of her father, a deceased Korean

War veteran, as well as her two nephews who are both serving in the armed forces. Attorney Bob Devlin volunteers every Fri-day at the veterans’ legal clinic at the De-Bakey VA Medical Center because he can see the relief on the veterans’ faces when they get the legal advice they need. For many different reasons, approximately 300 attorneys have signed on to volunteer to assist veterans with their legal prob-lems since the HBA expanded its Veterans Legal Initiative (VLI) to a 14-county area in Southeast Texas last September.

Originally established by HBA presi-dent, Travis Sales, in 2008, the VLI in late May 2012 served its 6,000th veteran. The program has several components, including legal clinics every Friday from 2:00-5:00 p.m. at the VA Medical Cen-ter. Attorneys also visit the US VETS at Midtown Terrace residential facility on a monthly basis and the DeGeorge at Union Station residential facility on a quarterly basis to speak on legal topics relevant to veterans and to provide legal advice and counsel. Through the HBA’s Houston Volunteer Lawyers Program, attorneys provide ongoing pro bono representation to qualified veterans in family law, wills and probate, consumer law, disability, benefits and many other legal problems.

By Tara sHockLey

attorneys from Morgan, Lewis & Bockius, including HBa president, Denise scofield, center in red jacket, volunteer at a clinic in the Heights area of Houston.

Travis County, McLennan County and Bell County. This expanded program will serve a population of more than 460,000 veterans, representing almost half of the

approximately one million veterans in Texas.

If you would like to volunteer for the Veterans Legal Initiative, please see the volunteer form on the HBA website, www.hba.org. If you have questions, feel free to call Mickey Baden at 713-333-VETS.

Tara Shockley is the communications direc-tor for the Houston Bar Association and man-aging editor of The Houston Lawyer.

licize the clinics. Through establishing partnerships with organizations like the Texas Veterans Commission, representa-tives attend every Saturday clinic to pro-vide advice and counsel on veter-ans’ benefits, enhancing the legal advice and counsel provided by attorneys. Many of the clinics are held at VFW or American Legion posts, which also help to get the word out to veterans about avail-able services.

Through the end of May, nine Saturday clinics had been con-ducted in Angleton (2), Conroe (3), Huntsville, Katy, League City and Santa Fe, with a Cleveland clinic scheduled for June 23. Through the expanded program, over 1,500 vet-erans received services at the vari-ous clinics, with over 400 residing outside Harris County.

The grant has also enabled Baden to conduct training programs in outlying counties for attorneys who want to volunteer for the pro-gram. In cooperation with local bar associations, these CLE programs – provided free to attorneys who agree to handle at least one case for a veteran – have been conducted at 12 local bar associations, law firms and corporate legal departments.

Recently, the State Bar of Texas recognized the Veterans Legal Ini-tiative with a Star of Achievement as an outstanding service project, and Baden was honored with the J. Chrys Dougherty Award for an outstanding legal services attor-ney.

Building on the success of the coali-tion over the previous year, the Houston Bar Foundation, the Jefferson County Bar Foundation and Fort Bend Lawyers Care will once again apply for grants through the Texas Access to Justice Foundation in September 2012. This year, however, the coalition will be joined by the Austin Bar Foundation and Baylor Law School, who will apply for grants to expand the coali-tion to 17 counties, with the addition of

The HBA assists with holiday parties for veterans at residential facilities, helped es-tablish libraries and keeps them stocked through donations to the annual Book Drive, and provides clothing for job inter-views through the annual Coat and Warm Clothing Drive.

Through working with other veterans organizations, it was evident that areas outside of Harris, Jefferson and Fort Bend (three counties which have established pro bono programs for veterans) were not able to provide convenient access to the same services. In September 2011, the Houston Bar Foundation, the Jefferson County Bar Foundation and Fort Bend Lawyers Care applied for and were award-ed grants from the Texas Access to Justice Foundation to expand legal services to veterans in a 14-county area in Southeast Texas. The grant enabled this new coali-tion to recruit and train attorney volun-teers and to set up Saturday legal clinics where veterans can get legal advice and, if eligible, pro bono representation, in all of the counties.

The Veterans Legal Initiative now serves a veteran population of approxi-mately 350,000 in Brazoria, Chambers, Fort Bend, Galveston, Grimes, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, San Jacinto, Walker and Waller counties. Jefferson County assists vet-erans in Chambers, Hardin, Jefferson, Liberty and Orange counties; Fort Bend Lawyers Care assists veterans in Fort Bend County; and the Houston Bar Foun-dation (HBF) assists those in the remain-ing counties. Local bar associations and legal groups in the 14 counties partner in providing volunteers and facilities for the legal clinics. Through a recruitment mail-ing to all attorneys in the 14-county area, nearly 300 new attorneys volunteered for the Veterans Legal Initiative.

Mickey Baden, the attorney in charge of the VLI, travels to all 14 counties to meet with local bar associations and other or-ganizations, find appropriate facilities for clinics, and work with County Veterans Service Officers, county government of-ficials, and community groups to pub-

Denice smith, counseling with the spouse of a veteran at the Huntsville clinic, says she wants to help veterans in memory of her late father, a korean War veteran, and her two nephews who are currently serving in the armed forces.

Mickey Baden, the attorney in charge of the VLi, counsels a veteran at the conroe clinic.

american Legion Post 560 hosted a clinic in february.


HBA Members Volunteer with Children

of All Ages on Family Day of Service

Houston Food Bank

“It was awesome to see a long line of attorneys and their families scram-bling to pack box after box with food at the Houston Food Bank. Knowing that literally hundreds of hungry fami-

lies would gratefully receive those boxes of food was extremely

satisfying to all of us in-volved.”Brent BenoitVolunteer CoordinatorHBA Board Member

Lawyers against waste pLanting at BuFFaLo Bend

“Volunteering is always a rewarding experience, but standing alongside men, women and children working to achieve a common goal is something that stays in your heart for a long time. It is an honor to be a part of the HBA’s commitment to the community.”

Jennifer A. HasleyVolunteer CoordinatorHBA Board Memberoor

BirtHday kits For kids

“Partnering with the Spring Branch

On a sunny Saturday in April, 314 HBA mem-bers and their children volunteered at 10 dif-ferent community organizations throughout the city. Organized by HBA President Denise Scofield, with assistance from all members of the HBA board of directors, the Family Day of Service gave children from toddlers to teens the opportunity to volunteer alongside their parents in age-appropriate activities designed to serve others. Some of the activi-ties centered on projects the HBA sponsors each spring – such as a Habitat build and the Spring Children’s Clothing and Diaper Drive – while others were new projects for the HBA. Said Scofield, “By volunteering with their kids, not only did our members have an en-joyable morning with their family, but it was an opportunity to make a lasting impression on their children while helping others.”

residents. We didn’t take score during any of the games because we all felt like ‘winners.’ It was a very rewarding ex-perience.”

Daniella LandersVolunteer CoordinatorHBA Board Member

kids’ MeaLs

“The Family Day of Service was a GREAT idea. I particularly enjoyed volunteering for Kids’ Meals. It was an opportunity for my friends and col-leagues to help needy children in a meaningful, hands-on way, and it gave us all a true appreciation for our lives’ many blessings.”

Todd FrankfortVolunteer CoordinatorHBA Board Member

Houston area woMen’s Center

“My team and I enjoyed the opportu-nity to spend the day beautifying the grounds of the Houston Area Women’s Center. The begonias, impatiens, day-lilies and other plants dramatically changed the look and feel of the court-yard and improved the spirits of the youth who are experiencing domestic violence in their homes.”

Laura GibsonVolunteer CoordinatorHBA Board Member

parents and children alike.”David ChaumetteVolunteer CoordinatorHBA Board Member

spring CHiLdren’s CLotHing& diaper drive

“There were several young boys helping sort clothes for the Campaign for the Homeless. It was their first community service experience and they were ex-cited to be involved and to help others.”

Warren HarrisVolunteer CoordinatorHBA Board Member

HaBitat For HuManity

“Building a house is like raising your family — it starts with a solid founda-tion.”

Judge David O. FragaVolunteer CoordinatorHBA Board Member

tHe Center

“At the Special Olympics at The Center, we had a fun time playing bocce ball, kick ball and bingo with The Center

Family Development Center to provide birthday celebrations for less fortunate kids provided a great opportunity to work side-by-side with our own chil-dren and to teach a valuable lesson about sharing time, talents and re-sources. Volunteers from 3 to 70 years old came together and created wonder-ful birthday kits that will bring joy to the recipients.”

Denise ScofieldDay of Service CoordinatorHBA President

Big BrotHers Big sisters soCCer CLiniC

“Our soccer clinic brought together lawyers, volunteers and children to learn about the law, future dreams and goals for the children, as well as the game of soccer. Having HBA attor-neys pair up with the Big Brothers Big Sisters program, for the first time ever, layed the groundwork for future work with the children of BBBS.”

Benny Agosto, JrVolunteer CoordinatorHBA Board Member

star oF Hope spring CarnivaL

“What was most remarkable at Star of Hope was how much the little things meant to the kids at the carnival. From the bounce house to the cakewalk, there were smiles everywhere from


in family law, immigration, intellectual property and civil rights litigation. Of the firms 301 lawyers, 186 participated in pro bono service during 2011.

Mid-size Firm – weil, gotshal & Manges LLpIn 2011, 94 percent of the 35 attorneys in Weil, Gotshal’s Houston office contribut-ed 20 hours or more of pro bono service, with support staff contributing an ad-ditional 600 hours. The firm’s pro bono representation included a U.S. Depart-ment of State Hague Convention Case that reunited a pro bono client with his abducted son, as well as representation of pro bono clients through the Tahirih Justice Center, Kids in Need of Defense, Catholic Charities, The Innocence Proj-ect, and a civil rights case. Weil, Gotshal’s pro bono service through HVLP included

handling 15 individual cases for low-in-come clients in the 2010-2011 bar year. A number of the firm’s attorneys not only serve as active leaders in firm-wide pro bono, but also serve in pro bono leader-ship positions in local, national and in-ternational organizations.

Fourth Harris County

Bench Bar Pro Bono Awards

Presented April 30The Harris County judiciary, in conjunc-tion with the Houston Bar Association, presented the fourth annual Harris Coun-ty Bench Bar Pro Bono Awards to law firms, a corporate legal department and an individual in a special ceremony on April 30 at the Harris County Civil Court-house. The keynote speaker was James B. Sales, senior partner at Fulbright & Jaworski and former chair of the Texas Access to Justice Commission.

The awards program was established to recognize outstanding pro bono ser-vice through local legal service providers, and to encourage law firms, corporate legal departments and individual attor-neys to volunteer direct legal services to low-income Harris County residents. A committee of eight judges and six at-torneys selected the recipients in five self-nominated categories. Each year, the award winners names are featured on permanent plaques in the lobbies of the Civil Courthouse, Criminal Justice Center, Family Law Center and Juvenile Justice Center in downtown Houston.

Recipients of the Fourth Harris County Bench Bar Pro Bono Awards are:

Large Firm – vinson & elkins LLpVinson & Elkins attorneys in Houston devoted over 8,165 hours to pro bono ser-vice in 2011, representing a billable hour value of $3,608,303. The firm’s attorneys provided pro bono services in nine differ-ent categories, including assisting many local non-profits, arts organizations and

government agencies with a variety of le-gal needs such as formation, bylaws, tax and litigation. As part of V&E’s partner-ship with Texas Children’s Hospital, at-torneys represented several families in obtaining guardianship over their inca-

pacitated children. Attorneys also pro-vided pro bono services to the Holocaust Project, representing Holocaust survivors in obtaining reparations. Firm attorneys staffed legal clinics for the HBA’s Hous-ton Volunteer Lawyers Program (HVLP) and represented low-income individuals

from left: The Hon. Tad Halbach, former administrative judge for Harris county; HBa President Denise scofield; ellyn Josef and Harry reasoner of Vinson & elkins LLP; John strasburger of Weil, Gotshal & Manges LLP; susan sanchez of exxon Mobil corporation; Peter J. Bennett; Tanya Garrison of Weycer, kaplan, Pulaski & zuber, P.c.; and keynote speaker James B. sales.


small Firm – weycer, kaplan, pulaski & Zuber, p.C.Seventy-five percent of the attorneys at Weycer, Kaplan provided pro bono legal services during 2011, logging over 380 hours. Firm attorneys provided many hours of pro bono service through the Houston Volunteer Lawyers Program, including staffing legal clinics, veterans clinics and will clinics, as well as pro-viding pro bono services for low-income clients in the areas of tax liens, real es-tate, employment law, contracts, and estate planning. The firm also provided pro bono services through religious or-ganizations, a historic cemetery, and the Holocaust Survivors Project.

Large Corporation – exxon Mobil Corporation Law departmentExxonMobil’s law department has a long history of pro bono service and is receiv-ing its second consecutive Bench Bar Pro Bono Award. The law department is committed to providing services through HVLP that include staffing numerous Saturday legal clinics and veterans clin-ics, providing a legal clinic at the Den-ver Harbor Senior Center, establishing a clinic with Fulbright & Jaworski at the Houston Area Women’s Center, staffing the HBA’s Will-A-Thon, and providing pro bono representation to low-income clients. In 2011 the law department pro-vided 1,342 hours of pro bono service, a 300 percent increase over 2010 pro bono hours, with more than twice the number of attorneys participating.

individual – peter J. BennettPeter Bennett was selected for the honor from among an outstanding field of in-dividual nominees. In 2011, he provided over 86 hours of pro bono representation for low-income HVLP clients. In addi-tion, Mr. Bennett, who is fluent in several languages, staffed 12 Vietnamese legal clinics, 10 Chinese legal clinics, and sev-eral Saturday legal clinics. He also han-dles pro bono eviction cases through the County Courts at Law’s Pro Bono Evic-tion Appeals Program.


naturalization Ceremony — Nearly 2,000 new citizens were naturalized at a Law Day ceremony on april 25 at M.o. campbell center, with U.s. District Judge keith ellison presiding. HBa President Denise scofield, pictured here at center, welcomed the new citizens, including a number of members of the armed forces who became naturalized citizens during the ceremony.

HyLa Law day Luncheon — The HBa recognized the winners of its Law Week Poster, essay and Photography contests at the Houston young Lawyers association Law Day Luncheon on May 1. Pictured at left is Marlyn rosales of cypress Lakes High school, who placed first in the Photography contest, with alan Bentrup of androvett Legal Media, sponsor of the contest. at right is Blake Pratz and Jo simmons of UBs, sponsors of the Poster and essay contest, with the winning essay by andrew Nemec of st. Thomas High school and winning poster in the 4th-8th grade category by Halle Brazda of The kinkaid school. all of the poster and essay winners also placed in the state Bar of Texas contests and were in austin for the Law Day ceremony on the same day as the HyLa luncheon.

‘No Courts, No Justice, No Freedom’Law Week Highlights Importance of Courts

In 1958, President Dwight Eisen-hower proclaimed the first Law Day, May 1, as “a day of national dedica-tion to the principle of government

under law.” Since then, the American Bar Association has established an an-nual theme for Law Day and encour-aged bar associations and other orga-nizations across the nation to develop programs that educate people about the importance of the rule of law. The Houston Bar Association celebrates

chaired by Benny Agosto, Jr. of Abra-ham, Watkins, Nichols, Sorrels, Agosto & Friend and Marie Jamison of Wright & Close, L.L.P. Committee members were Anita Barksdale, Sammy Ford IV, Hon. Kem Thompson Frost, Angela C. Garcia, Linda M. Glover, Anita Mayur Kerin, Joseph Charles Matta, Marni M. Otjen, Rachel Palmer, Shelley L. Poore, Bryon Allyn Rice, Deshonda Charles Tackett, Lowri Sian Thomas and Anastassios Triantaphyllis.

“Law Week,” since it plans programs that span more than one day.

The theme for Law Day 2012 was “No Courts, No Justice, No Freedom,” highlighting the importance of open and accessible courts as the corner-stone of a free society.

Each year the HBA Law Week Com-mittee plans numerous educational and public service events that cel-ebrate Law Day and its theme. The HBA Law Week Committee was co-

HyLa Law day Luncheon — The Houston young Lawyers association recognized several people for outstanding service to the community and the profession, including collin J. cox as the Woodrow seals outstanding young Lawyer of Houston, pictured here with HyLa President Jason ryan; Hon. Jennifer Walker elrod as outstanding Mentor; and Derek Pershing as the Liberty Bell award Winner.


Jury service — To commemorate Law Day, on May 2 District clerk chris Daniels, HBa President Denise scofield, and administrative Judge ken Wise distributed copies of the constitution to everyone who reported for morning jury duty at the Harris county Jury assembly room.

dialogues on Freedom —The HBa sponsored “Dialogues on freedom” in nine high schools in the Houston area. Teams of attorneys and judges gave interactive presentations on the Law Day theme. Left, Judge Josefina rendon and Daniella Landers talked with students at stephen f. austin High school, while Justice kem frost and Warren Harris conducted a dialogue with students at klein forest High school.

poster workshops —The Law Week committee this year partnered with the asian american Bar association to add a third Law Day Poster Workshop for children at the chinese community center. The HBa also continued its partnership with The Houston Lawyers association to sponsor a poster workshop for children in the Third Ward, and its partnerships with the Mexican american Bar association of Houston and the Hispanic Bar association to sponsor a workshop in the east end. Volunteers from the legal community provide materials and help children create posters for the HBa’s Law Day Poster contest, while talking to them about Law Day and law as a career.

By Andrew NemecSt. Thomas High School

One of the core tenets of American thought is the principle of freedom. Branded into the national mindset are the immortal words of Thomas Jefferson, “that all men are created equal, that they are endowed

by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of hap-piness. That, to secure these rights, governments are instituted among men...” However, the freedoms that people enjoy are often in conflict with those of oth-ers. As a result of the political turbulence in today’s

society, both the executive and legislative branches of govern¬ment often write and enforce laws that violate basic rights. The Founding Fathers understood this, re-membering the decades of atrocities committed in the Star Chamber of the English kings. The important task of safeguarding these rights of the people falls to the court system. The courts are charged with the duty to treat all the people who walk through their doors as equals, regardless of who they are or what people think of them outside. They accomplish this by upholding and expanding the rights enumerated in the Bill of Rights and by providing a legal framework designed to prevent extrajudicial punishments.

The court system in the United States protects the

First Place: Houston Bar Association Law Day Essay Contest... No Courts, No Justice, No Freedom


accused against the opinions of the public and the gov-ernment. Afraid of the abuses of power which occurred in the years leading up to the Revolutionary War, the Founding Fathers amended the Constitution with the Bill of Rights, which provides for trial by jury, protects against unreasonable searches and seizures, and pro-tects freedom of speech and expression. Expanding lat-er on these rights, the Fourteenth Amendment provides that no state shall “deprive any person of life, liberty, or property without the due process of the law; nor... the equal protection of the laws.” However, there have been many instances in our nation’s history where the courts have been bypassed, which has almost always turned out badly for the accused. Amongst the most horrible of these are the lynchings of thousands of people, a large majority of whom were African Americans, in the South for nearly a century following Reconstruction. In cases such as these, the victims were punished out-side of the law, without being given a fair trial in which they were assumed innocent until proven guilty. The courts have been set up in order to protect people from all forms of vengeance, to defend them against crimes such as these. The courts must always protect the rights of minorities from the masses, especially if the other branches of government refuse to do so.

The court protected the rights of contract holders in Fletcher v. Peck, a case in which the Georgia State Legis-lature tried to void land contracts approved by corrupt politicians. The court understood that if the majority of people, through their elected officials, take away a person’s property, they not only violate one of the rights which Americans hold dearest, but also set a precedent that the government has the au-thority to take away private property, a view which the court rejected and was later rejected again by the Due Process Clause of the Fourteenth Amendment. Another important in-stance of the courts protecting the rights of minorities came in Brown v. Board of Education. Here the Supreme Court struck down its earlier policy of “separate but equal” from Plessy v. Ferguson, asserting that “segrega-tion is a denial of equal protection of the laws.” This ruling was the start of government involvement in the Civil Rights Movement, a move that neither Congress nor President Eisenhower was willing to make, even though it was the right and just thing to do. In both of these instances, the court shows that it has an obliga-tion to defend the freedom of all, even if it is not the

popular thing to do, and by doing this it protects the liberties of all.

The court has also expanded and protected the rights of individuals over the past few decades. In many cases, it does this by incorporating the Bill of Rights to both states and local governments using the Due Process Clause of the Fourteenth Amendment, as it did in Mapp v. Ohio. The court here recognized the importance of protecting against unreasonable searches and seizures by state governments, because it is one of the protec-tions which keep the citizens of the nation safe from the powers of government, even if it is inconvenient for the government.

The courts have also protected the rights of the ac-cused by giving them every chance to exercise their rights. The most well-known of these efforts came from the decision in Miranda v. Arizona, in which the court stressed “procedural safeguards... to inform accused persons of their right of silence and to assure a con-tinuous opportunity to exercise it.” Even though read-ing the Miranda warning is sometimes seen as a hassle by an arresting officer, the courts understand that hav-ing rights without knowing what they are is useless. In both of these cases, the courts recognize that the only way justice can be achieved is by protecting the rights of the accused, even if it comes at the expense of the government’s ability to collect evidence.

Courts continue to protect the rights of people in the present age, often stirring up much controversy. Grutter v. Bollinger, a case which allows for affirmative action in universities, is denounced by conservatives, while Dis-trict of Columbia v. Heller, which guaranteed the right to own weapons, is condemned by liberals; both, how-ever, are designed to protect the rights of people whose views might not be the most popular. Both executive and legislative branches can be easily swayed by the people who elect them, leading them to make decisions which are often questionable. The court system is sup-posed to be outside the world of politics, outside the world of what popular opinion says. The court system is supposed to rule based on the facts of the case and what the law says. Because all laws in the nation must agree with the Constitution and the rights guaranteed in it, it is up to the courts to make sure that all people are treated equally and justly. Without the courts pre-serving the justice of all, there would be freedom for none.


students in 100 elementary schools Learn about LawWhen Zack’s cupcake goes missing and he accuses classmate Tyler of taking it, only the student court can examine the facts, listen to witnesses and get to the bottom of the case. Nearly 8,230 elemen-tary school students in 100 elementary schools in the Houston area learned how the court system administers justice and protects our freedoms through Ellen Jackson’s book, The Cupcake Thief, as HBA members participated in 199 readings of the book during April 23-May 18 in commemoration of Law Week. The read-ings focused on students in kindergarten through second grade.

Since 2003, HBA Law Week activities have included a reading program in local elementary schools, where attorneys and judges read an age appropriate book that illustrates tenets of the Law Day theme, then donate the book to the school librar-ies. Attorneys do more than just read the book—they ask the students questions, discuss issues brought up in the story, explain principles like freedom and jus-tice, and engage them in other activities to stimulate their interest.

Reviews from educators have been con-sistently outstanding, such as this one of attorney Sharron Wall: “She was won-derful. She talked with the students and engaged them the whole time. We have nothing but great things to say about our reader. Every teacher was impressed and all the students learned something.” and this one of attorney Harding Erwin: “[He] was delightful interacting with the children. He read the story with great ex-pression. The students were engaged as he asked them questions. The students asked him questions which he graciously answered. If the lawyers could see more students, more students would receive the benefit of hearing about the law profes-sion.”

Bill Earle at Kennedy Elementary School in Alief ISD Elizabeth Black Berry at St. Joseph Regional Catholic School

David Chaumette at Walker Station Elementary School in Fort Bend ISD Hon. Robert Hinojosa at Scroggins Elementary School in HISD

Sarah Langlois at Thurgood Marshall ECC in North Forest ISD Earl Touchstone at Kate Bell Elementary School in HISD

Bryon Rice at Yorkshire Academy Lynn Kamin at Lovett Elementary School in HISD

Brad DeLuca at Hunters Creek Elementary School in Spring Branch ISD Todd Frankfort at Beth Yeshurun Day School


Join the Houston Bar association’s 100 club The Houston Bar Association 100 Club is a special category of membership that indicates a commitment to the advancement of the legal

profession and the betterment of the community. The following law firms, corporate legal departments, law schools and government agencies with five or more attorneys have become members of the 100 Club by enrolling 100 percent of their attorneys as members of the HBA.

firms of 5-24 attorneys Abraham, Watkins, Nichols, Sorrels, Agosto & FriendAdair & Myers PLLC Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C. Ajamie LLP Allen Boone Humphries Robinson LLP Andrews Myers, P.C.Bair Hilty, P.C.Baker Williams Matthiesen LLP The Bale Law Firm, PLLCBarrett Daffin Frappier Turner & Engel, LLP Bateman/Pugh, PLLC Bell, Ryniker & Letourneau, P.C. Berg & Androphy Bingham, Mann & HouseBlank Rome LLPBrewer & Pritchard PC Buck Keenan LLP Burck, Lapidus, Jackson & Chase, P.C. Bush & Ramirez, L.L.C. Butler I Hailey Caddell & Chapman Cage Hill & Niehaus, L.L.P.Campbell & Riggs, P.C.Chernosky Smith Ressling & Smith PLLC Christian Smith & Jewell, L.L.P. Conley Rose P.C. Connelly • Baker • Wotring LLP Cozen O’Connor Crady, Jewett & McCulley, LLP David Black & Associates De Lange Hudspeth McConnell & Tibbets LLP Devlin Naylor & Turbyfill PLLC Diamond McCarthy LLPDinkins Kelly Lenox Lamb & Walker, L.L.P. Dobrowski, Larkin & Johnson LLP Dow Golub Remels & Beverly, LLP Doyle Restrepo Harvin & Robbins, L.L.P. Ebanks Horne Rota Moos LLPEdison, McDowell & Hetherington LLP Ellis, Carstarphen, Dougherty & Griggs P.C. Ewing & Jones, PLLCFaubus & Scarborough LLPFernelius Alvarez PLLCFibich Hampton Leebron Briggs Josephson, LLP Fisher, Boyd, Brown & Huguenard, LLPFisher & Phillips LLP Fizer Beck Webster Bentley & Scroggins, P.C.Fleming, Nolen & Jez, L.L.P. Frank, Elmore, Lievens, Chesney & Turet, L.L.P. Fullenweider Wilhite PCFunderburk & Funderburk, L.L.P. Galloway Johnson Tompkins Burr & Smith Germer Gertz, L.L.P. Givens & Johnston PLLC Goldstein & Lipski, PLLC Gordon & Rees LLPGreer, Herz & Adams, L.L.P.Hagans Burdine Montgomery & Rustay, P.C.

Harris, Hilburn & Sherer Harrison, Bettis, Staff, McFarland & Weems, L.L.P.Hays McConn Rice & Pickering, P.C. Hicks Thomas LLP Hirsch & Westheimer, P.C. Hogan Lovells US LLP Holm I Bambace LLP Hunton & Williams LLP Jackson Gilmour & Dobbs, PCJackson Lewis LLPJenkins Kamin, L.L.P. Johnson DeLuca Kurisky & Gould, P.C. Johnson Radcliffe Petrov & Bobbitt PLLC Johnson, Trent, West & Taylor, L.L.P.Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L. L. P.Joyce, McFarland + McFarland LLP Kane Russell Coleman & Logan PC Kelly, Sutter & Kendrick, P.C.Kroger | BurrusLeBlanc Bland P.L.L.C.Legge Farrow Kimmitt McGrath & Brown, L.L.P. Linebarger Goggan Blair & Sampson LLP Liskow & Lewis Lorance & Thompson, PC MacIntyre & McCulloch, LLPMcGinnis Lochridge & Kilgore LLP McLeod Alexander Powel & Apffel PC MehaffyWeber PCMiller Scamardi & Carraba Mills Shirley L.L.P. Morris Lendais Hollrah & Snowden Munsch Hardt Kopf & Harr, P.C.Murray | Lobb PLLCNathan Sommers Jacobs Ogden, Gibson, Broocks, Longoria & Hall, LLP Ogletree, Deakins, Nash, Smoak & Stewart, P.C.Olson & Olson LLPPagel Davis & Hill PC Perdue Brandon Fielder Collins & Mott Perdue Kidd & Vickery Phelps Dunbar LLP Phillips, Akers & Womac, PCPillsbury Winthrop Shaw Pittman LLP Ramey, Chandler, McKinley & Zito Ramsey & Murray PCRoach & Newton, L.L.P. Roberts Markel Weinberg PC Ross, Banks, May, Cron & Cavin, P.C.Royston, Rayzor, Vickery & Williams, L.L.P. Rusty Hardin & Associates, P.C. Rymer, Moore, Jackson & Echols, P.C.Schiffer Odom Hicks & Johnson PLLC Schirrmeister Diaz-Arrastia Brem LLPSchwartz, Junell, Greenberg & Oathout, LLP Schwartz, Page & Harding L.L.P.

Shannon Martin Finkelstein & Alvarado, P.C.Shepherd, Scott, Clawater & Houston, L.L.P.Shipley Snell Montgomery Droog LLP Short Carter Morris, LLPSingleton Cooksey LLP Smith Murdaugh Little & Bonham, L.L.P. Smyser Kaplan & Veselka, L.L.P.Sprott, Rigby, Newsom, Robbins & Lunceford, P.C.Steele Sturm P.L.L.C.Stevenson & Murray Strong Pipkin Bissell & Ledyard, L.L.P.Stuart & Associates P.C.Sutton McAughan Deaver, PLLC Tekell, Book, Allen & Morris, L.L.P.Thompson & Horton LLP Thompson, Coe, Cousins & Irons, LLP Tucker, Taunton, Snyder & Slade, P.C.Tucker Vaughan Gardner & Barnes, P.C. Ware, Jackson, Lee & Chambers, L.L.P. Watt Beckworth Thompson Henneman & Sullivan LLP Weycer Kaplan Pulaski & Zuber, P.C. White Mackillop & Gallant P.C. Williams, Birnberg & Andersen, L.L.P.Williams Kherkher Hart Boundas LLP Williams Morgan & Amerson, P.C. Willingham, Fultz & Cougill, LLP Wilson, Cribbs & Goren, P.C. Wilson, Elser, Moskowitz, Edelman & Dicker Wong, Cabello, Lutsch, Rutherford & Brucculeri, P.C.Wright Abshire, Attorneys, PC Wright & Close, L.L.P.Yetter Coleman LLP Ytterberg Deery Knull LLPZimmerman, Axelrad, Meyer, Stern & Wise, P.C. Zukowski, Bresenhan & Sinex, L.L.P. firms of 25-49 attorneys Adams & Reese LLPAkin Gump Strauss Hauer & Feld LLPBaker & McKenzie LLP Beck Redden & Secrest, L.L.P. Beirne, Maynard & Parsons, L.L.P.Chamberlain Hrdlicka White Williams & Aughtry Coats I RoseCokinos Bosien & YoungGibbs & Bruns LLP Hoover Slovacek LLPJones Day Littler Mendelson, PCSeyfarth Shaw LLP firms of 50-100 attorneys Baker Hostetler LLP Gardere Wynne Sewell LLP Jackson Walker L.L.P. Martin, Disiere, Jefferson & Wisdom, L.L.P.Morgan, Lewis & Bockius LLP

Porter Hedges LLP Thompson & Knight LLP Winstead PC

firms of 100+ attorneys Andrews Kurth LLP Baker Botts L.L.P. Bracewell & Giuliani LLP Fulbright & Jaworski L.L.P. Haynes and Boone LLP Locke Lord LLPVinson & Elkins LLP

corporate Legal Departments Anadarko Petroleum Corporation AT&T Texas BP CenterPoint Energy El Paso Corporation Kellogg Brown & Root Inc LyondellBasell IndustriesMAXXAM IncNewfield Exploration CompanyPetrobras America Inc. Plains Exploration & Production Co. Pride International Inc. Rice University Sysco Corporation Texas Children’s Hospital Total E&P USA Inc. University of Houston System

Law school faculty South Texas College of Law Thurgood Marshall School of Law University of Houston Law Center Government agencies City of Houston Legal Department Harris County Attorney’s Office Harris County District Attorney’s Office Harris County Domestic Relations OfficeMetropolitan Transit Authority of Harris County TexasPort of Houston Authority of Harris County Texas

27th John J. Eikenburg Law Week Fun Run Tops $1 Million

and coordination.Race directors were Sherry L. Bankhead of Johnston, Trent,

West & Taylor; Simon Mayer of Hughes Watters Askanase LLP; and Andrew Pearce of BoyarMiller P.C. The 2011-2012 Fun Run Committee included Hunter Ahern, Gloria E. Avila, Elizabeth L. Bolt, Meredith Clark, Tonja De Sloover, Madison Finch, Danielle Harsany, Ann Johnson, M. Scott Michelman, Kara Stauffer Philbin, Hugh M. Ray III, Hon. Reece Rondon, Matthew Simmons, Kathryn Nicole Voyles, Wesley R. Ward and Mark W. Wege.

Photos by Kim Coffman. To see race results and Fun Run photos, see the link on the HBA web-site, www.hba.org.

T he 27th John J. Eikenburg Law Week Fun Run, held March 24th in Sam Houston Park, raised over $83,000 for The Center, a nonprofit agency that provides op-

portunities that promote individual choice, personal growth and community involvement for persons with mental retar-dation and those needing similar services, so they may reach their maximum potential. This brings the total to $1,010,905 in contributions to The Center over the life of the race. Over 860 walkers and runners participated in the event.

Named after the late former HBA president who founded the race in 1985, the John J. Eikenburg Law Week Fun Run is truly a team effort that involves many months of planning

runners take off in the 8k race

fun run co-chairs andrew Pearce and sherry Bankhead

children participate in a non-competitive one-mile run, where everyone receives a medal.

co-chair andrew Pearce and his family (left) and HBa president Denise scofield and her family prove that the Law Week fun run is truly an event for all ages.


Media personality Lee Jolly donated his time to emcee the fun run.

Members of the eikenburg family come out each year to support the race, named after the late John J. eikenburg, who started the event as president of the Houston Bar association in 1985-86.

Top overall male finisher chris stelzer crosses the finish line.

laW Week fun run sPonsorsDiamond sponsor

HBA Corporate Counsel Section Platinum sponsor

HBA Litigation Section South Texas College of Law

gold sponsorsShook Hardy & Bacon, L.L.P. Exxon Mobil Corporation Fulbright & Jaworski L.L.P. Johnson, Trent, West & Taylor, L.L.P. Vinson & Elkins LLP

silver sponsorsHughes Watters Askanase LLP Abraham, Watkins, Nichols, Sorrels,

Agosto & Friend Amicus Search Group, LLC Baker Botts L.L.P. BoyarMiller Burgower & Rainwater, L.L.P. Chaumette, PLLC Ellison-Keller, P.C. Ernst & Young LLP Feder, Lucero & Wollam, L.L.P. Fernelius Alvarez PLLC Fizer Beck Webster Bentley & Scroggins Harper & Pearson Company, P.C. Haynes and Boone, LLP HBA Auxiliary Charitable Fund Jane and Doug Bland Jenkins & Kamin, L.L.P. Judge Kyle Carter Judge Mike Engelhart King & Spalding LLP Legal Directories Publishing Company, Inc. Lubel Voyles LLP McKool Smith, PC Morgan, Lewis & Bockius LLP Nathan Sommers Jacobs Nell McCallum & Associates, Inc. Shannon, Gracey, Ratliff & Miller, LLP Smith, Murdaugh, Little & Bonham, L.L.P. Strasburger& Price, LLP Stratos Legal Sunbelt Reporting & Litigation Services Sutherland Asbill & Brennan LLP UHY Advisors, Inc. U.S. Legal Support Westside Lexus Winstead PC

Bronze sponsorsCindi Bench Reporting

refreshments/in-kind donationsCoca ColaFaust DistributionKrogerLuke’s LockerWatermill ExpressHoneyMilk/Core PowerMy Fit FoodsTodd Lonergan

printing of race BrochuresRR Donnelly of Houston

securityPrecinct 1 of Harris County

Master of CeremoniesLee Jolly

door prizesThe Center Old Smokey M.D. Anderson Raspberry Rose Luke’s Locker Push Legal Always In SeasonWarren RecruitingRobert Half LegalIST ManagementWater 2 Wine Magnolia HotelsCorporate OutfittersProvidusMach 5 CouriersDamian’s Midtown Hair Studio Hughes Watters Askanase LLPAlden Houston Hotel Marsh McLennanARC Management ServicesTejas Office ProductsQuest Personal ResourcesRobinson BenefitsCollier LegalPappasitosBlackFinn American GrilleSherry BankheadNuance Document Imaging GroupThe Herrington Law FirmThe Spillman Group

Top overall female finisher Virginia Jones

Trent stephens and John spiller, along with team mate Dan Butcher (not pictured), captured the President’s Trophy for the fastest all-lawyer firm team from strasburger & Price.

Harry Beaudry and andrew Gratz of the corporate counsel section present 2011 Houston Bar foundation chair Bill Lowrey, right, with a check for $10,000. The section’s contribution as a Platinum sponsor for this year’s race put the lifetime contributions over $1 Million for The center.


Keep It Local!

HBA/CLE Online Programming

The Houston Bar Association offers its own online CLE programs for Harris County attorneys. Visit the

HBA website, www.hba.org, and select the RED Online CLE button on the right hand side of the homepage.

HBA members receive a 20% discount on all HBA-sponsored programs.

There are more than 80 audio and video programs available.

More reasons to use HBA/CLE Online Programming:

1. Support your bar association’s programming

2. Receive an HBA member discount 3. All programs are accredited by the State Bar of Texas 4. Programs are available 24/7 5. There is no need to leave your office/home 6. A wide variety of legal topics available by expert speakers 7. Both audio and video presentations are available 8. The site is user-friendly 9. There are no late fees 10. No dress code required!

If you have questions, please contact the HBA/CLE Department at 713-759-1133 or email [email protected].

Dan Downey

alternative dispute resolutionMEDIATION, ARBITRATION, SPECIAL JUDGE (Chap.151, CPRC)

• Former District Judge

• Board Certified Civil Trial Law — Texas Board of Legal Specialization

• Adjunct Professor of Law

Details at:

dandowney.com • 713.907.9700 1-800.792.4444 • 5009 Caroline Suite 100B, Houston, TX 77004

ADR That Preserves Your Right of Appeal —Chap. 151, CPRC

A faster, cheaper and more predictable ADR alternative to arbitration.

Read more at dandowney.com (Publications)


committee spotLight

The Habitat for Humanity Com-mittee of the Houston Bar Asso-ciation facilitated the building of the HBA’s 15th home for a deserving Houston area family

in April, May and June. Co-chaired by Avery Emison Carson of Marathon Oil, Richard L. Sitton of Simpson, Thacher & Bartlett and Bridget Burke Vick of Andrews Kurth, LLP, the committee de-pends on dedicated, enthusiastic, deter-mined leaders and volunteers to take part in the annual home building project.

Founded in 1976, Habitat for Human-

ity is an international non-profit, non-governmental ecumenical organization dedicated to building simple, decent, and affordable housing. Houston Habitat for Humanity, established in 1987, is an in-

dependently run, non-profit Habitat af-filiate. It is in partnership with Houston Habitat that the HBA’s Habitat Committee comes together each year to build a home for a deserving family. In fact, the HBA is the longest-sustaining repeat builder for Houston Habitat. Families are chosen based on their level of need, willingness to partner with Habitat to work on other

Habitat homes, attendance at classes on finances and home ownership, and abil-ity to pay a no-interest mortgage loan.

It costs approximately $70,000 to build a Habitat home, funds that

are contributed by individual members, law firms and sec-tions. Fulfill-ing the dream of homeowner-ship for a de-serving Hous-ton area family is made possi-ble not only by financial donations, but also by count-less hours of manual labor – much of which is provided by and through the Houston Bar Associa-tion’s Habitat for Humanity

committee. The committee chairs and members have been and continue to be busy seeking donations, recruiting vol-unteers, scheduling work days, and, sig-nificantly, volunteering at the work days themselves.

Perhaps surprisingly, few HBA commit-tee members and volunteers bring con-struction skills with them to a designated

HBA Habitat for Humanity Committee Builds 15th HomeBy sHaroN D. caMMack

The

Hous

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Law

yer


Defending Texans Since 1994

Former Assistant United States AttorneyFormer Assistant District AttorneyFounding Member of the National College of DUI Defenseof Counsel Williams Kherkher LLP

Law offices of Ned BarnettGulf freeway office: 8441 Gulf Freeway, Suite 600 • Houston, Texas 77017

Downtown office: 440 Louisiana, Suite 800 • Houston, TX 77002713-222-6767 • www.nedbarnettlaw.com

Board certified in criminal Law by the Texas Board of Legal specialization

Habitat work day. Committee members, as well as their family and friends, are provided instruction by Habitat supervi-sors in basic skills and techniques, and despite the fact that most of the volun-teers have no prior construction experi-ence, the HBA committee members soon find themselves helping with framing, roofing, siding and exterior finishing. Avery Carson, one of this year’s commit-tee co-chairs, praised the staff of Hous-ton Habitat, describing it as “remarkable people dedicated to changing the lives of homeowners” who remind us that “home ownership creates stability for the entire family.”

Being a member of the HBA Habitat committee and participating in build-ing a Habitat home touches lives; and not just the lives of those families that directly benefit. Richard Sitton, one of this year’s co-chairs, speaks fondly of the draw he felt to the HBA Habitat Commit-tee and the memories the work invokes: “My father was a carpenter and growing up I would tag along with him to work in the summers. As a teenager, it became my summer job. I never achieved the skill level of my father, but enjoyed the work and look back with fond memories of time spent with my father.” He speaks of taking his own two boys with him on Habitat work days and the sense of ac-complishment they felt at the end of the day. This sentiment is expressed over and over again by both committee members and volunteers.

This is not a committee made up of spectators. Instead, the Habitat for Hu-manity Committee is made up of a group of amazing HBA lawyers who give count-less hours, and, probably, no shortage of blood, sweat and tears, to build decent, safe, affordable homes that make Hous-ton and its families stronger.

Sharon D. Cammack is an associate at Jenkins & Kamin, L.L.P. and a member of The Houston Lawyer editorial board.


Equal Access ChampionsWhat does it take to become an “Equal Access Champion”? The firms and corporations listed below have signed 5-year commitment forms that indicate they will uphold a pledge to provide representation in a certain number of cases each year, based on the number of attorneys in the firm or legal department. The goal is to provide pro bono representation in at least 1,500 cases through the Houston Volunteer Lawyers

Program each year, and to increase that goal each year. For more information contact Kay Sim at (713) 759-1133.

Large firm championsAndrews Kurth LLPBaker Botts L.L.P.Bracewell & Giuliani LLPFulbright & Jaworski L.L.P.Locke Lord LLPVinson & Elkins LLP corporate championsBaker Hughes IncorporatedBP America Inc.CenterPoint Energy, Inc.ConocoPhillipsExxon Mobil CorporationLyondellBasellMarathon Oil CompanyPort of Houston AuthorityRosetta Resources Inc.Shell Oil Company intermediate firm championsGardere Wynne Sewell LLPHaynes and Boone, L.L.P.King & Spalding LLPThompson & Knight LLP Mid-size firm championsAkin Gump Strauss Hauer & Feld LLPAdams & Reese LLPBaker Hostetler LLPBeirne, Maynard & Parsons, L.L.P.Chamberlain, Hrdlicka, White, Williams & AughtryGreenberg Traurig, LLPJackson Walker L.L.P.Jones DayMorgan, Lewis & Bockius LLP

Porter Hedges, L.L.P.Strasburger & Price, L.L.P.Susman Godfrey LLPWeil, Gotshal & MangesWinstead PC

small firm championsAbraham, Watkins, Nichols, Sorrels, Agosto & FriendBeck, Redden & Secrest, L.L.P.Gibbs & Bruns LLPHays, McConn, Rice & Pickering, P.C.Hughes Watters Askanase LLPJohnson DeLuca Kurisky & Gould, P.C.Kroger | BurrusSchwartz, Junell, Greenberg & Oathout, L.L.PSutherland Asbill & Brennan LLPWeycer, Kaplan, Pulaski & Zuber, P.C.Yetter Coleman LLP

Boutique firm championsBlank Rome LLPCoane & AssociatesConnelly • Baker • Wotring LLPEdison, McDowell & Hetherington LLPFullenweider Wilhite PCFunderburk & Funderburk, L.L.P.Hicks Thomas LLPJenkins & Kamin, L.L.P.Ogden, Gibson, Broocks, Longoria & Hall, L.L.P.Squire Sanders LLPSutton McAughan Deaver LLPStrong Pipkin Bissell & Ledyard, L.L.P.Wilson, Cribbs & Goren, P.C.

solo championsLaw Office of O. Elaine ArchieBasilio & Associates, PLLCPeter J. BennettLaw Office of J. Thomas Black, P.C.Law Office of Fran BrochsteinLaw Office of David Hsu BrogdenLaw Office of Robbie Gail CharetteChaumette, PLLCLaw Office of Papa M. DieyeThe Ericksen Law FirmFrye & Cantu, PLLCFuqua & AssociatesTerry L. HartLaw Office of James and Stagg, PLLCKatine & Nechman L.L.P.The Keaton Law Firm, PLLCGregory S. LindleyLaw Office of Maria S. LowryMartin R. G. Marasigan Law OfficesThe Law Office of Evangeline Mitchell, PLLCMorley & Morley, P.C.Bertrand C. MoserPilgrim Law OfficeRobert E. PriceW. Thomas (Tommy) ProctorLaw Offices of Judy RittsCindi L. RobisonScardino & FazelShortt & Nguyen, P.C.Jeff SkardaTeal & AssociatesTindall & England, P.C.Diane C. TreichNorma Levine Trusch

Professionalism, to me as a lawyer, has meant treat-

ing all clients the same, whatever station in life they

occupy.

It means doing your best to achieve justice for all

the persons you represent.

It means fighting hard and intelligently for your clients, while

acting as a gentleman toward the opposition.

It means not treating money as the only goal of your endeavors.

It means taking on big and powerful interests when they have

wronged your client.

If you operate in this fashion, I believe you can look yourself in

the mirror every morning with a clear conscience.

A Profilein pRoFessionALism

JACK MCCONNTrial Lawyer and Former President of the Houston Bar Association


oFF the RecoRd

The

Hous

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Law

yer

By farraH MarTiNez

Judy Ney is an Administrative Law Judge for the Texas Department of Insurance, Division of Workers’ Com-pensation, where she hears State workers’ compensa-tion cases. Judy also is a

long-time member of the Houston Bar As-sociation and serves on The Houston Law-yer Editorial Board. She also has volun-teered with numer-ous committees of the State Bar of Tex-as, including serving on the Board of Di-rectors as a Section Representative. She currently presides as the Chair of the State Bar’s Women in the Profession Commit-tee.

Aside from her dedication to the legal profession, Judy has another great passion—religious studies. Judy has always had a strong yearning and devotion for her spiritual life and her religious growth. For over 18 years, Judy has taught Religious School studies at Congregation Emanu El, primarily to fourth graders. Her course curriculum consists of subjects such as Jewish Life Cycles, Customs, Holidays and Hebrew. The yearly high point is when the entire fourth grade participates in a Jew-ish mock wedding. She teaches at least two classes every week;

one is on Sunday and the other class is during the middle of the week. The classes are a high priority, and Judy manages to schedule her life around them.

Judy’s family has always been involved in religious activities, studies, and training. Teaching is a natural fit for her, and she

has maintained her continuing education for Jewish instruc-tion.

One of Judy’s greatest rewards of teaching young peo-ple is that while she is teaching her stu-dents, they are also teaching her. The students keep her up-to-date on the lat-est trends in music, fashion, technology, social networking, and the overall dif-ferences in growing up in today’s genera-tion. Judy confesses

that she is learning as much from the students as they are learning from her, and she loves it!

Judy’s son and daughter-in-law recently gave birth to Judy’s first granddaughter and the proud grandmother is looking for-ward to seeing little Allison as a future student.

Farrah Martinez is the Director of Legislative Affairs at the Harris County District Clerk’s Office. She is a member of The Houston Lawyer editorial board.

Judy Ney:

Teaching Customs to Students Also a Learning

Experience


LegAL tRends

Future of Texas Open Beaches Act Clouded by Supreme Court DecisionBy VaL PerkiNs

In March 2012, for the third time in less than four months (see sidebar, page 42, “The Texas Supreme Court’s Emphasis on Private Property Rights Contin-ues”), the Texas Supreme Court dealt

a substantial setback to the efforts of state and local governments to regulate or re-strict private property rights by determin-ing that, notwithstanding the Texas Open Beaches Act and long held common law principles, public beachfront access ease-ments do not “roll” with shifts in the wa-ter and vegetation lines and, thus, the State cannot force the relocation of a home built on the beach now within the beachfront access easement without the payment of compensation. The Texas Supreme Court’s decision in Severance v. Patterson, No. 09-0387, 2012 WL 1059341 (Tex. 2012), has drawn national and even worldwide inter-est and prompted the filing of nearly 50 separate amicus briefs from such diverse corners as the City of Galveston, Texas Chamber of Commerce, the Surf Rider Foundation and the Save Our Beach Asso-ciation and Friends of Surfside. The court’s opinion has prompted an outpouring of commentary, both pro and con, and even induced the Commissioner of the General Land Office of Texas, Jerry Patterson, to urge that the members of the majority be ousted at their next election.1

The facts of the case begin in April 2005,

when Carol Severance purchased three properties on Galveston Island’s West Beach for rental income. Pursuant to the Open Beaches Act, at the time of the pur-chase, Severance was informed by Disclo-sure Notices contained in each Sales Con-tract that if the structures she purchased became seaward of the vegetation line as a result of coastal erosion or a storm event, her property might be subject to a demand by the State of Texas that she remove the structure because it would then be on a public beach. By way of background, the Open Beaches Act was passed in 1959 after a Supreme Court case called into question the public’s access to Texas beaches. The Open Beaches Act codified that all land seaward of the mean high tide, known as the “wet beach,” is held by the State in public trust. The land between the mean high tide and the vegetation line is the “dry beach” and may be privately owned but the landowner cannot place any ob-structions on the “dry beach” that might prevent the public’s access to the beach and the waters of the Gulf of Mexico. Of course, the mean low tide, mean high tide, and vegetation line are transitory, con-stantly moving both inland and seaward given the vagaries of tidal conditions and natural erosion from waves. As a result, the wet beach and dry beach are likewise transitory, as was the public beachfront ac-cess easement recognized in Texas since the days of the Republic.

In Severance, one of Severance’s hous-es—known as the “Kennedy Drive prop-erty”—was landward of the vegetation line and clearly was private property. However, following Hurricane Rita in 2005, the property between Severance’s land and the sea on which a public easement had been established was submerged in the surf and, thus, became part of the “wet beach.” As a result, Severance’s house was no longer behind the vegetation line, but it was also not located on the wet beach owned by the State. In 2006, as part of a plan to of-fer property owners financial assistance

to remove their homes from the “public beach,” Severance was offered $40,000 for removal of her home. She refused and filed suit in federal court to prevent the state from enforcing the Open Beaches Act and taking her property, now on a public beach.

The federal district court dismissed the suit, ruling that her constitutional claims were not ripe because the State had not yet enforced the Act, but also noting that the public’s easement to her property had been established long before Severance purchased her lot and, as the court said, was one of the “background principles” of Texas property law involving open beach-es. The basis for the court’s determination and the key issue throughout the remain-der of the Severance case was whether the public easement “rolled” with the inward migration of the waters of the Gulf of Mexico. Historically, Texas common law has recognized that the public’s easement to the public beach rolls with the land-ward migration of the waters of the Gulf of Mexico and at least four separate Courts of Appeals decisions, from the 1st and 14th Courts in Houston and the Court of Ap-peals in Austin, have held that easements that allow the public access to the beach must roll with the changing coastline in order to protect the public’s right of use.

Severance, however, appealed the dis-trict court’s determination to the United States Court of Appeals for the Fifth Cir-cuit which, in a 2-1 decision, affirmed the district court’s dismissal of Severance’s tak-ings claims because the claims were not ripe, but also found that her other claims were ripe and certified three questions to the Texas Supreme Court, as follows:1. Does Texas recognize a rolling pub-

lic beachfront access easement, i.e., an easement in favor of the public that al-lows access and use of the beach on the Gulf of Mexico, the boundary of which easement migrates solely according to naturally caused changes in the location of the vegetation line, without proof of


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prescription, dedication or customary rights in the property so occupied?

2. If Texas recognizes such an easement, is it derived from common law doctrines or from a construction of the Open Beaches Act?

3. To what extent would a landowner be entitled to receive compensation (other than the amount already offered for the removal of the houses) under Texas law or Constitution for the limitation on use of her property affected by the landward migration of a rolling easement onto property on which no public easement had been found by dedication, prescrip-tion or custom?2

In a 5-3 decision (Chief Justice Jefferson did not participate) sparking three em-phatic dissents, the Supreme Court, in an opinion by Justice Wainwright, deter-mined that while the public beachfront ac-cess easement might be “dynamic,” it does not “roll.” Instead, while conceding that “ocean front beaches change every day” and, thus, that “public easements that bur-den these properties along the sea are also dynamic,” the Court held:

[W]hen a beachfront vegetation line is suddenly and dramatically pushed landward by acts of nature, an existing public easement on the public beach does not “roll” inland to other parts of the parcel onto a new parcel of land. Instead, when land and the attached easement are swallowed by the Gulf of Mexico in an avulsive event, a new ease-ment must be established by sufficient proof to encumber the newly created dry beach bordering the ocean.3

Justice Wainwright recognized the com-peting public policy interests at play in Severance, noting that:

Certainly, there is a history in Texas of public use of public Gulf-front beaches, including on Galveston Island’s West Beach. On the one hand, the public has an important interest in the enjoyment

of the public beaches. But on the other hand, the right to exclude others from privately owned realty is among the most valuable and fundamental of rights possessed by private property owners.4

In order to reach this ruling affirming pri-vate property rights at the clear expense of public beachfront access, the Court’s ma-jority had to rely on, as Justice Medina put it in his dissent, “a game of semantics.”5 As noted above, the Court held that while the public’s access easement was dynamic, it did not roll and, as Justice Medina again put it:

The court further distinguishes between movements by accretion and erosion and movements by avulsion, finding a gradu-al movement shifts the easement bound-aries, but sudden movements do not.6

Justice Medina, joined by Justice Lehr-mann and, in part by Justice Guzman, was startlingly frank in his sharp dissent. He began by noting that “Texas beaches have always been open to the public” and ap-plauded the fact that Texas has “the most comprehensive public beach access laws in the nation.” He continued:

Since its enactment in 1959, the Texas Open Beaches Act (“OBA”) has pro-vided an enforcement mechanism for the public’s common law right to ac-cess and to use Texas beaches. The OBA enforces a reasoned balance between private property rights and the public’s right to free and unrestricted use of the beach. Today the Court’s ruling disturbs this balance and jeopardizes the public’s right to free and open beaches.7

After surveying the history of Texas coast-al property ownership, Justice Medina concluded that the “[e]asements that al-low the public access to the beach must roll with the changing coastline in order to protect the public’s right of use.” He then went on to make clear that Texas law has always recognized rolling easements

for beachfront access and notes that “the Court’s conclusion that beachfront ease-ments are dynamic but do not roll defies not only existing law but logic as well.”8 Further, he criticized the Court’s arbitrary distinction of easement movement caused by erosion or accretion and that caused by avulsion by noting:

On the one hand, the Court correctly declines to apply the avulsion doctrine to the mean high tide. This means a property owner loses title to land if, af-ter a hurricane or tropical storm, such land falls seaward of the mean high tide. On the other hand, this same hurricane, under the Court’s analysis, requires the state to compensate a property owner for the land that now falls seaward of the vegetation line unless it was already part of the public beachfront easement. Under the Court’s analysis, the property line may be dynamic but beachfront easements must always remain tempo-rary; the public’s right to the beach can never be established and will never be secure.9

Finally, Justice Medina spent a portion of his dissent discussing the public policy of the Open Beaches Act and how the major-ity’s decision, requiring that existing ease-ments be re-established after every hur-ricane season “defeats the purpose of the OBA: to maintain public beach access.”10

Justice Guzman, also dissenting, found that “the Court’s conclusion that title shifts due to both avulsive and accretive events, yet that any corresponding ease-ment allowing public use of the dry beach shifts only due to accretion but not avul-sion, has no basis in logic or Texas law.”11 Likewise, Justice Lehrmann in her dis-sent noted that the Court’s decision casts the legacy of Texas public beaches aside without any “coherent rationale.” But Justice Lehrmann also infused her dissent with a practical lean, complaining that the majority’s decision “undermines the public interests in beach access, the abil-

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ity of the State and local governments to protect coastal resources, and the private property interest of non-littoral Galveston homeowners.”12 She predicted in her dis-sent that the result of the Court’s decision will be “the placement of structures on newly exposed dry beach” that will result in the degradation of the beach. She also noted that since provisions of the Texas Constitution prohibit the expenditure of public funds for private purposes, public entities in Texas will not be able to re-nourish eroded beaches now found by the Court to be held by private citizens. Fi-nally, she noted that the Court’s decision restricting beach access will decrease the rental value of non-beachfront properties on Galveston Island and, thus, will result in a loss of property values to non-beach-front residents of the island.

Notwithstanding these forceful dis-sents, the Court entered its decision, a determination that caused one commen-tator, himself a former Texas Land Com-missioner, to complain:

The ruling means that the subsequent owners and some neighbors on the west end of Galveston Island can now fence off the dry beach and deny public ac-cess. It could well mean that litigious chaos ensues along our 367 mile shore-line and the Open Beaches Act perishes

tried by trial, the proverbial death of a thousand cuts.13

Indeed, it appears that much of Justice Lehrmann’s predictions have or soon will come true. The Texas Land Commission-er, Jerry Patterson, has already canceled a long-scheduled $40 million project that would have placed new sand in front of ap-proximately 450 homes on six miles of the most rapidly eroding beach on the West End of Galveston Island, determining that the constitutional prohibition against spending public money to improve private property prohibited the project once the Severance case decided that the beachfront property was now owned by private indi-viduals and not the public. And a recent article in the Houston Chronicle makes clear that at least one homeowner’s asso-ciation on Galveston Island, the Sands of Kahala Beach Homeowner’s Association, is planning to place bulkheads in front of their newly acquired private property on the beach to prevent erosion from overtak-ing their homes and the highway running behind them.14

As for Severance, the Fifth Circuit not-ed the Texas Supreme Court’s declaration that “Texas law does not recognize a roll-ing easement created by avulsive events affecting the dry beach of Galveston’s

West Beach.”15 The federal court held that the Supreme Court’s answer “reifies the claim of Appellant Severance to an ‘un-reasonable’ seizure violation of the Fourth Amendment...”16 The court remanded the case to the federal district court for fur-ther proceedings in connection with her claim.17

Thus, litigation, expensive to both the State and those funding any further chal-lenges to the Open Beaches Act, appears inevitable. And, of course, another hurri-cane season is only months away.

Val Perkins, a partner in the Government Affairs group at Gardere Wynne Sewell LLP, has 30 years’ experience representing clients before the Texas Legislature and in public law related litigation matters. He has lobbied the Legislature and handled litigation on a wide range of topics including water use and rights, business, construction, healthcare, real estate development, water and waste-water, affordable housing, special district creation and other issues.

endnotes1. Harvey Rice, Official Wants Judges Ousted For Beach

Ruling, Hou. Chron., April 4, 2012.2. Severance v. Patterson, 566 F.3d 490, 503-04 (5th Cir.

2009), certified questions accepted, 52 Tex. Sup. Ct. J. 741 (May 15, 2009).

3. Severance v. Patterson, No. 09-0387, 2012 WL 1059341, at *3 (Tex. 2012).

4. Id. at 11.5. Id. (Medina, J., dissenting at 2).


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6. Id. (Medina, J., dissenting at 2).7. Id. (Medina, J., dissenting at 2).8. Id. (Medina, J., dissenting at 8).9. Id. (Medina, J., dissenting at 8-9).10. Id. (Medina, J., dissenting at 17).11. Id. (Guzman, J., dissenting at 1).12. Id. (Lehrmann, J., dissenting at 2).13. Garry Mauro with Jan Reid, Guest Column: Texas

Beaches Are For the Public, Tex. Wkly., Vol. 29, Issue 20, May 21, 2012.

14. Harvey Rice, Galveston Beach Homeowners Prepared to Exert Rights, Hou. Chron., May 9, 2012.

15. Severance v. Patterson, No. 07-20409, at 1 (5th Cir. filed May 21, 2012).

16. Id. at 1.17. Id. at 2.

The Texas Supreme Court’s Emphasis on Private Property Rights ContinuesBy VaL PerkiNs

Severance v. Patterson is the most recent of a troika of recent Tex-as Supreme Court decisions confirming individual proper-ty rights at the expense of state

or local governmental entity regulation. This trend started on January 27, 2012,

when the Texas Supreme Court ruled in City of Dallas v. Stewart, No. 09-0257, 2012 WL 247966 (Tex. 2012), that a prop-erty owner’s appeal of an administrative nuisance determination made by a city’s building standards commission required independent, de novo appeal in the district courts. The case is noteworthy because courts, including the Texas Supreme Court, have long held that the govern-

ment commits no taking when it abates a public nuisance in Texas, so long as it follows the procedural requirements of Chapter 214 of the Texas Local Govern-ment Code. The Stewart Court held that the city’s nuisance determination and a trial court’s affirmance of that determi-nation under a substantial evidence stan-dard were not sufficient. This case is caus-ing many Texas cities to tread carefully in making nuisance or substandard building determinations.

The trend continued in Edwards Aqui-fer Authority and State of Texas v. Day & McDaniel, No. 08-0964, 2012 WL 592729 (Tex. 2012) (discussed in the March/April 2012 issue of The Houston Lawyer), where the Court held that an individual ownership of land includes an interest in groundwater beneath that land that can-not be taken from the landowner without adequate compensation. That result has called into question the entire permitting authority followed by the 96 groundwater districts in Texas, such as the Edwards Aquifer Authority and the Harris-Galves-ton Subsidence District. In some fashion, these districts all regulate the drilling and use of groundwater within their bound-aries. Some have already been sued by landowners who claim that their property rights have been denied without compen-sation by limits on their ability to pump groundwater beneath their property. Day has raised a plethora of legal questions that remain to be answered.

Now, the Severance opinion has thrown the state’s enforcement of the Open Beach-es Act into a similar legal quagmire, with there being no certainty regarding wheth-er the state can continue to demand un-fettered access by the public to the beach over what is now privately-owned prop-erty and whether governmental entities along the Gulf Coast can regulate dune re-nourishment, for example, in the face of individual ownership of the “dry beach.” Substantial litigation in all of these areas undoubtedly will be the result.

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Raising the Bar: The Crucial Role of the Lawyer in Society By Talmage Boston Published by The state Bar of Texas, 2012 211 pages reviewed by roBerT W. PaiNTer

The very nature of the practice of law requires the typical at-torney to yield control of his or her schedule to courts, clients and countless others. We grap-

ple with the competing demands for time every day, and live in a society where at-torneys are often viewed with scorn and suspicion.

In this context, it is easy to miss the for-est for the trees. It is easy to forget why we became lawyers. And it is easy to overlook lessons we could learn from the successes and failures of the past. Talmage Boston’s new book, Raising the Bar, provides a re-spite for attorneys to appreciate the forest.

The book starts with a discussion of how Abraham Lincoln and the fictional charac-ter Atticus Finch inspired countless people to pursue the dream to become a lawyer. Drawing largely from primary sources, Boston discusses principles that guided Lincoln’s law practice and how his legal experience enabled Lincoln to become one of our most effective and beloved presi-dents. I particularly enjoyed the practical tips from Lincoln’s notes for a law lecture, which included a call for infusing a tone of morality on the law and scrupulous hon-esty of attorneys. While this is rather stan-dard fare for any ethics CLE, the examples from Lincoln’s life and practice underscore their importance. Boston also described what he called Lincoln’s “emotional intel-

mediA Reviews


ligence,” which includes self-control and consummate tact. This reminded me of the Texas Lawyer’s Creed: A Mandate for Professionalism.

Boston then moves on to cover life and practice lessons from, in his opinion, the two most important lawyers of the last 50 years, Leon Jaworski and James A. Baker, III. If you need to renew a sense of confi-dence in why you chose this profession and the positive impact lawyers have on soci-ety, you need to go no further than chapter two of this book. Through a discussion of the significant career milestones of these two Houston lawyers, one is reminded of the importance of meticulous preparation, ethics, strategy and tactics. Jaworski and Baker were highly competent and steady hands that helped guide our nation—and freedom as a whole—during challenging times. There is much to learn from both of them.

Although this book covers additional topics, the last that I will address is the chapter that deals with Theodore Roos-evelt. Like many others, I am a fan of this Roosevelt’s presidency, but there is a lot to learn from his post-presidency as well. Re-lying on solid recent historical works, Bos-ton discusses how this highly competent and effective leader’s life unraveled after his presidency, to the point that he seemed to lose intellectual, physical and emotional control and died at the young age of 60. This causes the reader to reflect on the need for temperance and times of rest. Our bodies simply cannot sustain the toll of decades “in the arena” uninterrupted, without taking the time for renewal.

I recommend that you pick up this book, reacquaint yourself with the big picture of law practice and learn some valuable les-sons from the lives of notable leaders.

Robert W. Painter is a member of Painter Law Firm PLLC, where he handles pri-marily medical malpractice and brain injury cases. He is an associate editor of The Houston Lawyer.

Typography for Lawyers: Essential Tools for Polished & Persuasive Documents By Matthew Butterick Jones Mcclure Publishing, 2010 reviewed by saMMy forD iV

Legal texts are rarely described as beautiful. And when they are, it’s usually because the language is clear, lucid, succinct, or other-wise has some quality that legal

writing instructors, and presumably law-yers, have come to value. The actual layout of the document, except to some persnick-ety individuals, is rarely of interest.

This state of affairs is not surprising. Law is not an aesthetic profession. And very little legal education makes even the barest demands on a student’s sense of style. Introductory legal research and writ-ing classes focus on Bluebook formatting. But it doesn’t have to be this way. Matthew Butterick’s Typography for Lawyers, which began life at www.typographyforlawyers.com, seeks to change that.

According to Butterick, we “are already a typographer... every time [we] put words on a page;” therefore, “legal documents are governed by the same rules of typography as any professionally typeset book, news-paper, or magazine.” With lawyers doing much of their own drafting in word pro-cessing programs that have great but often unused formatting capabilities, the time has come for some attention to be paid to the look of the document, not only its content. But content can benefit from this new focus as well. Following typographi-

cal rules “conserve[s] the most valuable resource you have as a writer—“reader at-tention.”

After making the case for why typogra-phy matters, Typography for Lawyers offers rules for type composition, text format-ting, and page layout. Each section is fur-ther broken down into basic and advanced rules. As careful writers will debate various grammar and style points – oxford comma or no, for example—so will careful stylists debate points of typography.

Butterick’s examples are likely to be somewhat surprising to our conservative profession. Fonts are one example. Every blank Microsoft Word document defaults to Times New Roman. Butterick’s argu-ment that “Times New Roman is not a font choice so much as the absence of a font choice... To look at Times New Roman is to gaze into the void.” Instead, the book sug-gests a list of other fonts to use in Times New Roman’s place, including the star of the 2007 documentary, Helvetica.

Another rule the book proposes that will likely be hotly disputed by many law-yers: use one space between sentences, not two. Most legal writers place two spaces between sentences. Butterick convinces that this is the minority practice among all other writers. Newspapers, books, and magazines only place one space between sentences. One space is also recommended by style guides such as Garner’s The Red-book and The Chicago Manual of Style and by the United States Court of Appeals for the Seventh Circuit.

Some rules are unlikely to be followed at all by most lawyers. Most will not buy professional fonts, as Butterick suggests, and will instead continue using those that come standard with Windows and Mac OS X. And it is pretty obvious that mountains would move (and maybe laws would need to change) before contract drafters were convinced to adopt Butterick’s suggestion to avoid using all caps for more than one line. But Typography for Lawyers makes

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many more suggestions that lawyers would do well to spend some time thinking about: to justify or not, 10 or 12 point font, and one or 1.5 inch mar-gins.

One thing is certain. Any law-yer with an interest in writing, which should be every lawyer, stands to learn something from Butterick. Even if one disagrees with one of its rules or sugges-tions, at least one will have got-ten into the habit of thinking about that most unfairly neglect-ed aspect of the writers craft—form.

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