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austinlawyerAustin Lawyers Take on the Supremes“Fantastically awesome wonderful fun experience.”

ustin attorney Jane Webre used these words to describe an event that most attorneys can only

dream of — arguing a case in front of the United States Supreme Court.

A partner at Scott Douglass & Mc-Connico and the first Hispanic woman to appear before the U.S. Supreme Court, Webre argued on Jan. 16, 2013. The case Gunn v. Minton was ultimately decided in her client’s favor.

While few attorneys ever appear before the Supreme Court, Austin has been well represented in the past two years. In ad-dition to Webre, William Allensworth, of construction law firm Allensworth & Porter, appeared Oct. 19, 2013, for In re Atl. Marine Const. Co. Inc. The court reversed and remanded.

Each year the U.S. Supreme Court hears only about 75 to 80 cases. Dur-ing the most recent Supreme Court term, only 139 attorneys appeared. There are attorneys like Webre and Allensworth who argue their own cases, but a small group of attorneys — mostly previous Supreme Court clerks — have made arguing Supreme Court cases a career.

When Allensworth first found out his case was going to the Supreme Court, he was told to contact Webre. She advised him to start checking into law schools with pro-grams that help lawyers rehearse their arguments, specifically University of Texas Law School and Georgetown Law’s Supreme Court Institute.

Georgetown’s moot court program allows attorneys to rehearse and test arguments in front of professors and lawyers who have previously appeared before the Supreme

May 2014Volume 23, Number 4

www.AustinBar.org

FeaturesAustin Lawyers Take on the Supremes ............ 1Austin Inns of Court Accepting Applications .. 5Judge Impacts Hill Country Ride for AIDS ...... 6Bench Bar 2014 Goes “Xtreme” .................... 8Thank You Bench Bar 2014 Exhibitors ............ 9Combat Roles a Topic at TCWLA Luncheon .. 12

DepartmentsOpening Statement ...................................... 113rd Court of Appeals Update ....................... 13Briefs ........................................................... 15AYLA ........................................................... 16Upcoming Events ........................................ 18Classifieds ................................................... 19

continued on page 4

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Jane Webre with fellow Scott Douglass partner and co-counsel, Cindy Saiter Connolly, on the steps of

the U.S. Supreme Court after the argument.

2 Austin Lawyer May 2014

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

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

President

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

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May 2014 Austin Lawyer 3


continued from cover

Austin Attorneys Argue in Front of Supreme Court

Court. Because Georgetown will only hear one side of the case, attorneys must contact the school as soon as possible. Allen-sworth was able to secure the Georgetown program as well as UT.

During a Supreme Court hearing, each side is allowed 30 minutes for arguments. And while many people envision a law-yer spending the allotted time in prepared soliloquy, the reality is that most of the time is spent answering questions from the justices.

“It’s very much like defending a dissertation, except that half the people on the panel don’t like your side — at least half,” said Allensworth.

When asked if he anticipated all the questions, Allensworth said, “Almost all of them, kind of. There was at least one, where I said, ‘Beats me,’ and they were okay with that. We just moved right on.”

To prepare for this type of “presentation,” attorneys must think about and prepare their case from every possible angle, and recall the appropriate information under intense question-ing … all while just feet away from the chief justice.

“He’s got a very inviting face,” said Allensworth of Chief Jus-tice John Roberts. “It’s very reassuring. He tries to make things pleasant for everybody under what they know are very stressful circumstances.”

The Supreme Court only allows one person to appear on behalf of each party. But Allensworth and Webre will be the first to tell you that they could not have done this alone. Chad Simon of Allensworth & Porter had handled the original case and worked closely with Allensworth. Cindy Saiter Connolly, also a partner at Scott Douglass & McConnico, worked side by side with Webre.

“It was a fantastic experience. It was certainly a bit surreal,” said Simon. “We’ve spent all this time preparing these argu-ments and developing the arguments and the briefs through all

the different stages. You get up there, the justices walk out, and very quickly into William’s argument, they start quoting things from our brief, and that becomes a very surreal experience. So, it was great!”

“All around this office — not just the two of us — have all been living with this case for the last two years,” said Simon. Each person in the firm played some sort of role, whether they made the trip to Washington, D.C. or not.

“To knock out a brief like that, people need to check the sites, think about different questions, run down rabbit trails,” said Allensworth. “We were calling back from Washington to have people look into this or that.”

Neither Webre nor Allensworth nor anyone else involved with these cases underplays this experience. For most lawyers, appearing before the U.S. Supreme Court is the Superbowl, World Series, and Stanley Cup, rolled into one. Excitement, fear, hard work — all to spend 30 minutes being questioned by some of the top legal minds in the world.

“You’ve got to screw up your courage because it’s a big deal, and there’s a lot of ways to really stumble, which you don’t want to have happen. Don’t ever underestimate that,” said Allensworth.

And don’t forget, it’s also a “fantastically awesome wonder-ful fun experience.” • AL

Excitement, fear, hard work — all to spend 30 minutes being questioned by

some of the top legal minds in the world.

William Allensworth


Austin Inns Accepting Applications for 2014-15

ade up of more than 30,000 members spread across 48 states and D.C., the American Inns of Court movement examines issues related to ethics and

professional conduct in the field of law. Each chapter, or Inn, is dedicated to enhancing the legal profession through promotion of ethics, civility, and professionalism.

The Inns are modeled after the English Inns of Court sys-tem, and may be limited to certain fields of law. Membership may also vary in terms of legal experience, ranging from law students to lawyers and judges. Further information about the history, mission, and goals of the American Inns of Court can be found by visiting their website at innsofcourt.org.

Austin houses three Inns, the Robert W. Calvert, the Lloyd Lochridge, and the Austin Intellectual Property Inns. Applica-tions for membership are currently being accepted for each Inn. See below for contact information and specific requirements.

Robert W. Calvert American Inn of CourtEstablished in 1990 as the first Inn in Austin, the Calvert Inn meets monthly (September through April) at the Headliners Club for a dinner and presentation by Inn members. Each meet-ing offers the opportunity for Inn members to earn CLE credit. Members may also participate in public service projects.

Applications are being accepted for the Robert W. Calvert Inn from any practicing attorney or judge in Travis County and the contiguous counties, without regard to area of practice or trial experience. Membership is limited, and successful ap-plicants are admitted as Associates (licensed less than 8 years), Barristers (licensed 8-15 years), or Masters (licensed 15 years or more).

Applicants should submit a letter stating their interest in joining, a resume, and two letters of recommendation (prefer-ably from members of the legal community) to: Xavier G. Me-dina at [email protected] or by mail to Law Office of Xavier G. Medina & Associates, Tower of the Hills, 13809 Research Blvd., Suite 625, Austin, Texas 78750. The application deadline is May 31.

Austin Intellectual Property American Inn of CourtThrough efforts led by Judge Richard Linn and Judge Lee Yeakel,

the Austin IP Inn was founded in 2010 for members from across all areas of the intellectual property community. The Inn meets monthly (September through April) at the Headliners Club for dinner and issue-related programming, including opportunities to earn CLE credit. In addition, the Inn teams with the Univer-sity of Texas Intellectual Property Law Journal to host an annual dinner and program.

The Austin Intellectual Property American Inn of Court is ac-cepting applications for admission for the 2014 - 2015 Inn year. Anyone interested in submitting an application, should contact Lou Pirkey, [email protected]; Brian Nash, [email protected]; and Darla Thomas, [email protected]. The application deadline is May 30.

Lloyd C. Lochridge Inn of CourtFounded in 2009 by members of the Calvert Inn, the Lochridge Inn focuses exclusively on both civil and criminal litigation. Meeting monthly (September through April) for dinner and CLE presentations, the Inn features dialogue on legal issues and trends, the art and science of trial advocacy, and in-depth dis-cussions about high profile cases affecting the profession.

Applications for the Lochridge Inn are welcome from any practicing litigation attorney or judge. Membership is limited, and successful applicants are admitted as Associates (licensed less than 8 years), Barristers (licensed 8 to 20 years), or Masters (licensed 20 years or more). Applicants should submit a letter stating their interest in joining the Inn, a resume, and two letters of recommendation from the legal community. Please email your application documents to Dirk Jordan at [email protected]. Please do not fax or mail your application. The applica-tion deadline is May 30. • AL

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LAURA JACKS MEDIATION & ARBITRATION

LAURA JACKSMEDIATOR

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2463 Westlake Drive, Austin, Texas 78746

512-413-3275 • F: 512-342-7060

[email protected]

PROBATE • CIVIL LITIGATION • FAMILY LAW


Judge Raises the Bar in Building Our CommunityBy Tom o’meara, The Fowler law Firm

fter practicing family law for more than two decades in Austin, James Arth was appointed as a Travis County associate judge in 2012. His workday may

have changed, but his involvement with the Hill Country Ride for AIDS never wavered.

“While Jim has volunteered for decades around Austin in many legal capacities, he’s thrown his heart and physicality into the Hill Country Ride for AIDS,” said Greg Barbutti, a member of the HCRA Production Team. “Jim started as a crew member on the first year of the ride in 2000, checking-in riders at LBJ State Park as they arrived after their 70-mile ride from Austin on their first day’s journey.”

The Hill Country Ride for AIDS is an annual cycling event winding through beautiful Central Texas. This year’s event was April 26, and boasted 550 partici-pants, raising more than $500,000.

Through HCRA, riders, teams, and volunteers provide life saving support for thousands of Central Texans living with HIV/AIDS by raising money for 10 local nonprofit organizations. It’s a ride, not a race, and all levels are welcomed and celebrated.

Riders choose the distance most appropriate to their skills — 13, 27, 53, 70, or 100 miles. All routes are fully supported with helpful volunteers. Free training rides and yoga events help participants prepare for any distance. Riders can choose to participate individually or start a team with friends, officemates, family members, or classmates. The Hill Country Ride for AIDS is a remarkable event that offers participants an opportunity to challenge themselves, make a difference in our community, and experience some of the most beautiful countryside in Texas.

Since the beginning, Judge Arth has missed only one year,

due to trial preparation, but has been a huge part of the logistics support team for the AIDS Riders for the other fourteen years.

For most of those years he worked with Charlotte Hale’s logistics crew, handling things around camp, from checking-in riders, to set-up and tear-down, hours of parking, and the last six or seven years as the supply quartermaster.

In the last few years, he’s been driving a huge pit-stop sup-ply truck. He delivers all supplies to each pit stop before the crack of dawn and picks it all up as the day progresses, bring-ing it back to camp for volunteers to load the big truck with a huge amount of additional supplies, before he drives the now fully-loaded, bulging truck back to Austin. According to Hale,

“He’s in charge of all the sustenance that keeps the riders going strong.”

Judge Arth has always been his giving, fun-loving, and always-ready-to-help self, no matter the need. So much so that one year we had a catering melt-down, and he had to drive to Austin to collect breakfast for hundreds and drive it back hot and ready to the LBJ Ranch (he lost only one tray of sau-sages). Less glamorous was when we were running short on porta-johns at LBJ state park. He quickly volunteered with another to drive out on the bike route, load a couple of that day’s porta-johns onto a trailer, and happily brought them to camp for use by riders and crew.

In recent years, the Hill Country Ride for AIDS has been a one-day event, starting and ending at Reunion Ranch near George-town and Liberty Hill. Last year Judge Arth had to bring the truck back to Austin for maintenance in the middle of the night.

“It’s much easier to ride those 27-to-100 miles than to volunteer,” asserted Austin attorney and AIDS Rider Jo Ann Merica. “And it’s especially true of Jim’s job of lifting, carrying, sweating, and loading for 15 hours, and then bringing it all home to Austin! We couldn’t do this charity ride without him.”

Donations for the Hill Country Ride for AIDS are still being accepted through May. Those interested in more information or to donate to the Ride, visit hillcountryride.org. • AL

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[Arth has] thrown his heart and physicality into the Hill Country Ride for AIDS.


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Bench Bar 2014 Pushes Judges and Lawyers to the “Xtreme”he upcoming X Games in Austin fueled new energy into the 2014 Bench Bar Conference. Nearly 250 Austin-area attorneys and judges gathered at the Aus-

tin Country Club, Friday, April 4, to earn CLE and network and socialize with events like Speed Judging.

In honor of the X games, this year’s theme was “Bench Bar to the Xtreme.” Organizers decorated the room with center-pieces featuring tiny skateboards and motorcycles, similar to those used in the MotoCross and skateboarding competitions. Speakers also took advantage of props, including helmets and skateboards to get the attention of attendees, when it was time to move on to a new topic or event.

Attorneys and judges who attended the entire event were able to earn nearly seven hours of CLE, including two hours of ethics credit, while getting to know dozens of state and local judges. Participants learned about social media techniques, ethics in negotiating, appearing before the U.S. Supreme Court, and much more. Popular breakout sessions included, Family – Cheating on your Spouse Financially with Martin Boozer, and Litigation – Trying Cases from your iPad with Drew L. Harris and a panel from The Unger Law Firm. Attorneys and judges also engaged in Ethics Jeopardy and ate Amy’s ice cream, pro-vided by Howry Breen & Herman.

Eighteen exhibitors provided information on services geared specifically toward the needs of Austin lawyers. Participants who visited at least 10 of the vendors were able to enter a drawing for a free iPad Air. Congratulations to Monique Kleck, who won this year’s drawing.

The Austin Bar Association did make a few small changes to the 2014 event. Organizers decided to assign attendees to different tables. At first, several attendees said they did not like the assigned seating, but after the conference a few lawyers admitted it was beneficial.

“I was ready to protest the assigned seating, but I ended up changing my mind,” said Anna Eby. “I met people I probably would not have otherwise.”

Eby went on to say she thinks assigned seating is mostly a good idea. She also said the Bench Bar event reinforces what a good group the Austin Bar is.

“My favorite part of Bench Bar is always seeing old friends and interacting with the great judges and lawyers who are part of the Austin Bar.”

The 2014 Bench Bar would not have been possible without this year’s committee chairs. The Austin Bar Association would like to thank Judge Tim Sulak, Judge Karen Sage, Karen Bur-gess, Drew Harris and Britney Harrison for helping to make this year’s event a success. • AL

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Attorneys and judges who attended ... were able to earn nearly seven hours

of CLE ... while getting to know dozens of state and local judges.

Top: Bench Bar committee chairs Judge Tim Sulak, Judge Karen Sage, Karen Burgess, and Drew Harris go to the “Xtreme.”

Bottom: Austin Bar President-Elect Judge Elisabeth Earle and Judge Orlinda Naranjo in attendance at this year’s event.


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We encourage Austin Bar members to support these local businesses as you seek quality services and products for your practice.

For more information about exhibiting at the Austin Bar Association Bench Bar in 2015, contact Don Elfant at 512-217-9867 or [email protected]. • AL

Thank You 2014 Exhibitors!

The Austin Bar Association greatly appreciates the participation of the companies who exhibited at the 2014 Bench Bar Conference.


PATRICK KEELMediator • Arb i trator

Former Distr ict Judge

office 512 476-5212 mobile 512 293-0300

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Don’t Rest on PlateausBy Wayne SchieSS, UniversiTy oF Texas school oF law

re the legal-writing classes you had in law school the last writing training you’ll need for your career? If you’re a bankruptcy lawyer, was a law-school class

the last bankruptcy training you’ll need? There you go. Legal writing is like any skill or substantive topic: there’s always more to learn, and there’s always room for improvement. But some-times, busy legal writers rest on plateaus. We produce good-enough legal writing, and we’re comfortable on that plateau, so we stay. Here’s some advice to help you advance.

1. Admit you have room to improve. When I was a full-time lawyer, I thought I was an above-average writer. Now I realize I wasn’t that good. I was actually quite mediocre. I had been poorly educated about the standards of high-level profes-sional writing, and I was ignorant of my own limitations. Was I unique? Probably not. Many lawyers believe themselves to be good writers, above average within the profession, but I say this: The first step to becoming a good legal writer is to admit you have room to improve.

2. Get some references. Once you’ve admitted you have room to improve your writing — that you’re resting on a plateau — start learning. A great way to raise your writing IQ is to con-sult the experts. When you have a question about writing, don’t rely on half-remembered “rules” from high-school English. Look it up. But where? Here are two websites I like: Purdue Univer-sity’s Online Writing Lab (OWL) and Grammar Girl’s Quick and Dirty Tips for Better Writing.

But if you’re serious about legal writing, you’ll need some reference books. Here are three I recommend: The Redbook, by Garner; The Texas Law Review Manual on Usage and Style; and Just Writing: Grammar, Punctuation, and Style for the Legal Writer, by Enquist & Oates. Your goal is to have reliable refer-ences handy to answer questions. Other professional writers consult writing references, and lawyers should, too.

3. Read writing books. If you’re serious about getting off that plateau, you’ll have to do more than consult references. You’ll have to study the principles of good writing and good legal writing. But how, when you’re busy? Set a goal to read one book on writing every year. Here are some I like: Lifting the Fog of Legalese, by Kimble; The Lawyer’s Guide to Writing Well, by Goldstein & Lieberman; and Writing with Style, by Trimble. These books are great sources of writing knowledge, and they’re also well written. Reading the best books teaches you writing and exposes you to good writing.

4. Practice what you learn. You’re reading about writing and you’re consulting writing references. Now practice what you’re learning. Of course, for any working lawyer, writing practice is part of the job: you’re writing all the time. Yet we tend to rest on

plateaus — we write as we always have, with the same habits and the same limitations. (That’s why studying writing is so important. Practice without study is usually just repetition.) So experiment with things you’re learning. Try new techniques and master new approaches to writing.

5. Edit better. We all know editing is crucial to good writ-ing. Most of us can’t produce high-quality writing in one draft (or even two). We must edit, so here are some suggestions for getting off the editing plateau. Leave plenty of time, even though it’s hard to do. How much? One pro recommends spending half the time of a writing project editing. Debra Hart May, Proofreading Plain and Simple 46 (1997). Use more than one technique when editing: Do you edit on the computer screen? That’s fine, but it’s not enough. Do some editing on a hard copy, too; we read and react differently to screen text and printed text. Do you read the text out loud? That’s great: you’re using your ears, not just your eyes, to help you edit. Now go further and have a trusted colleague read it and suggest some edits. Do you read the document in reverse, from the last sentence to the first? Good. This technique tricks your mind, so you’re not familiar with the text; familiarity leads to poor edit-ing. Now read only the topic sentences. Next read the opening and closing paragraphs. Mediocre writing becomes good writ-ing only through editing.

6. Accept critique. Here’s the hardest part: seek and wel-come critiques and candid suggestions for improving your writing. Critiques are tough because it’s natural to be defensive about your writing — maybe even insecure. I know I am. But when I avoid critique, I don’t improve much. I rest on a plateau. So open yourself to honest critique. Find a trusted colleague, friend, or supervisor, someone whose judgment and writing you respect. Then ask for suggestions, and take them to heart. The best writers are open to critique.

Now move off that plateau. • AL

opening statement

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he Travis County Women Lawyers’ Association and Foundation held its Annual Grants and Awards Lun-cheon at the Four Seasons hotel in late April.

This year’s luncheon featured a purple heart recipient — who is credited with helping to overturn the military’s ban on women in combat roles.

Major Mary Jennings Hegar spoke about “Becoming an Un-dercover Agent in Work and in Life.“ Hegar has served on three tours to Afghanistan, flying Combat Search and Rescue and Medevac missions. On her last mission, Hegar was shot down and wounded. Despite her injuries, she continued on, saving the lives of her crew and patients.

“Major Jennings Hegar shared with the attendees her combat experience, which ultimately led to her selection as a lead plaintiff in the lawsuit challenging the military’s policy of excluding women from combat positions,” said event organizer, Lisa Hobbs. “Her story was impressive and inspiring.”

The event raised a record amount of money. The foundation was able to distribute more than $41,000 in grants to 13 local nonprofits that help solve legal issues affecting women, chil-dren, and families. Some of the nonprofits who received grants included AIDS Services of Austin, Texas Fair Defense Project, and Texas Foster Youth Justice Program.

Throughout the luncheon, TCWLF and TCWLA raffled off several gift baskets with unique themes like “Hipsters’ Date night” — featuring gift cards and ACL tickets — along with a “Hill Country Wine and Dine” basket with tickets to several win-eries and restaurants in Marble Falls.

Organizers also recognized ten TCWLA members for out-standing areas of service within the last year

Congratulations to the 2014 Attorney Award Recipients! • AL

Combat Roles Discussed at Annual TCWLF/TCWLA Luncheon

TThis year’s luncheon featured a purple

heart recipient — who is credited with helping to overturn the military’s

ban on women in combat roles. 2014 Attorney Award Recipients

Outstanding Achievement – Brenda Strama, Beatty Bangle Strama

Outstanding Firm – Hutcheson Bowers

Advancement of Women’s Interests – Amie Rodnick, Law Office of Amie Rodnick

Contribution to Minority Community – Elise Harriger and Sarah Woelk, Casa Marianella

Criminal Justice – Kelsey McKay, Assistant District Attorney, Travis County

Government Service – Pamela Legate, Assistant General Counsel, Texas Department of Licensing and Regulation

Litigation / Appellate – Sabrina L. Streusand, Streusand, Landon & Ozburn

Pro Bono – Barbara Ellis, Locke Lord

Public Interest – Andrea Marsh, Texas Fair Defense Project

Corporate / Transactional – M’Lou Patton Bell, Munsch Hardt Kopf & Harr

Left: Travis County Women Lawyers’ Association and Foundation Awards recognize members for outstanding areas of service.

(from left) Lisa Hobbs, Foundation Chair; Mary Faithful, Executive Director of Disability Rights Texas; and Diana Reinhart, TCWLA

President. Right: Keynote Speaker Mary Jennings Hegar.


3rd court of appeals update

he following are summaries of selected civil

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

Probate: Settlement agree-ment did not preclude pro-bate court’s jurisdiction. Carter v. Campbell, No. 03-11-00711-CV (Tex. App.—Austin March 6, 2014, no pet. h.). Siblings entered a family settlement agreement that gave each equal shares of their mother’s estate. Executor Carter distributed the estate equally except for decedent’s farm on which Carter continued to live. Campbell filed a petition for accounting and distribution. Carter sought dismissal, con-tending the settlement agree-ment deprived the probate court of jurisdiction. The trial court declined to dismiss and ordered an accounting. The court of appeals observed that the filing of a will for probate and an application to be appointed executor invoke the probate court’s jurisdiction over the estate. Neither the parties’ agree-ment nor the probate code deprive the court of jurisdic-tion. Further, the agreement did not absolve Carter of her duties as executor to provide an accounting. The court affirmed.

Expunction: Court reverses expunction order with multi-charge arrest. Texas Dep’t of Pub. Safety v. G.B.E., No. 03-13-00017-CV (Tex. App.—March 20, 2014, no pet. h.). GBE was arrested and charged with DWI. The State dismissed the DWI charge and re-filed a reck-less driving charge to which GBE pleaded no contest. The trial court later expunged the DWI charge. Code of Criminal Procedure article 55.01(a) allows expunction if the person has been released, the charge has not resulted in a final conviction and is no longer pending, and there was no court-ordered community supervision. The court of appeals noted that the statute’s purpose is to expunge wrongful arrests. The court concluded that a person is not entitled to have records from a multi-charge arrest expunged when one or more charges result in a conviction and any remain-ing charge is dismissed, but results in a final conviction of any charge arising from the same arrest. The DWI charge, although dismissed, resulted in a final conviction. Accord-ingly, the court reversed and rendered judgment denying expunction.

Administrative law: Commis-sion letter did not constitute final agency order. TCEQ v. Sierra Club, No. 03-12-00625-CV (Tex. App.—Austin March 7, 2014, no pet. h.) (mem. op.).

TCEQ granted Waste Control Specialists a license to oper-ate a facility that disposes of low-level radioactive waste. Sierra sought judicial review of a TCEQ letter that allowed WCS to begin accepting waste at the newly-licensed facility. The trial court granted WCS and TCEQ’s pleas to the jurisdiction. The dis-trict court has jurisdiction over commission orders, decisions, rulings, or other commission acts. The court of appeals concluded that such language predicates judicial review on the existence of a final agency order. The court held that the letter was not a final and appealable agency order subject to judicial review under Water Code § 5.351, but merely informa-tive and served as a status up-date on the already-granted license. Accordingly, the court reversed and rendered judgment of dismissal for lack of jurisdiction.

Family law: Validity of MSA is within parameters of arbi-tration clause. Spradley v. Spradley, No. 03-13-00745-CV (Tex. App.—Austin March 26, 2014, no pet. h.) (mem. op.). Husband and wife resolved their divorce proceeding in a mediated settlement agree-ment. Before finalizing the agreement into a judgment, wife challenged the MSA’s validity and enforceability, contending husband fraudu-lently induced her to sign it. The district court denied

T

Laurie Ratliff is Board Certified in Civil Appellate Law by the Texas

Board of Legal Specialization and is a shareholder with Ikard Golden

Jones. From 1998 through 2001, she was a staff attorney with the

Third Court of Appeals.

husband’s motion to compel arbitration. The MSA pro-vided that “any other dispute … with regard to the inter-pretation or performance of this agreement or any of its provisions” would be arbi-trated. The court of appeals concluded that wife’s chal-lenge to the validity of the MSA was within the “per-formance of the agreement” language of the arbitration clause. The court reversed and remanded. • AL


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briefsGalton, Holzheauser, Reetz, Jr.

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

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

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

You’re busy looking out for your clients’ needs. Who’s looking out for yours?

Retirement Plans • College Savings Plans • Stocks Municipal Bonds • Mutual Funds • Financial Planning

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Awards

� Judson Sutherland of Hajjar, Sutherland, Peters & Washmon was honored with this year’s Legal award at the Austin Under 40 Awards. Awards were announced April 4 at Austin Music Hall. Austin Under 40 honors young Austinites for their professional achievements and community involvement.

Kudos

� Several other Austin Bar Association members were nominated for Austin Under 40 awards, legal category, including Mollie Duckworth of Baker Botts, Sara Foskitt of Foskitt Law Offices, Elizabeth Hadley of Greenberg Traurig, and Christine Richardson of Locke Lord. Austin Bar As-sociation member Rudolph Metayer, with the Health and Human Services Commission, was nominated in the Govern-ment and Public Affairs award category.

� Austin Bar member Kendyl T. Hanks has been elected as a

Fellow of the Texas Bar Foun-dation. Fellows of the Texas Bar Foundation are selected for their personal achievements and their documented commit-ment to improving the justice system throughout the State of Texas. Hanks is a shareholder at Greenberg Traurig’s Austin office, where she works as a trial litigator and appellate advocate, representing clients in state and federal forums.

� Eric Galton, co-founder of Lakeside Mediation Center, was admitted as a Knight of the International Academy of Me-diators at an annual meeting in Santa Monica in May. Knight-hood is the highest honor the International Academy of Mediators may bestow on a member, and Galton is the fourth member to be admitted as a knight.

New to the Firm

� McGinnis Lochridge an-nounces Robert E. Reetz, Jr. has joined as a partner and will be in the firm’s health, oil and gas, and transactional law

practices in the Austin office. 600 Congress Ave., Ste. 2100, Austin, TX 78701; ph: 512-495-6000; mcginnislaw.com.

� Ford Nassen is pleased to announce that JD Holzheauser has joined the firm’s Austin office as an associate. Hol-zheauser represents contrac-tors, subcontractors, owners, developers, and suppliers on diverse construction matters, including resolution of dis-putes. Before coming to Ford Nassen, Holzheauser worked as a political affairs consultant representing clients’ interests to the Texas Legislature and state regulatory agencies.

New Digs

� Pete Reid Law has com-pleted the move from the Little-field Building to larger offices near the Travis County Court-house. At the new location, Pete Reid will continue the development of his business litigation and sports law prac-tice. 703 West 10th St., Austin, TX 78701; petereidlaw.com.


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

AYLA Seventh Annual Women’s Resource Fairhe Austin Young Lawyers Association hosted its sev-enth annual Women’s Resource Fair on March 29 at the Schmidt-Jones Family Life Center in Austin.

With more than 300 women and 100 children in atten-dance, the Women’s Resource Fair continues to be a huge suc-cess, providing much-needed free services to Austin’s homeless and battered women and children. The services provided at this year’s event included: � Confidential legal assistance; � Medical services (including well-woman exams, mammograms, wellness checks);

� Mental health services; � Debtor and credit counseling; � Job skills and educational counseling; � Social services, including information on public benefit programs;

� Shelter referrals; � Clothing closet for women and children; and � Childcare.

Attorney volunteers provided legal assistance in a variety of areas, including criminal law, family law, child custody, domes-tic violence, public benefit programs, immigration, consumer issues, and estate planning. Attendees in need of long-term as-sistance will be served through Texas RioGrande Legal Aid and Volunteer Legal Services of Central Texas.

Since most attendees have little access to regular health care, the medical services providers worked non-stop to pro-vide wellness exams, screenings, and other needed services.

Thanks to the generous donations from the legal community, the clothing closet featured hundreds of shoes, suits, sweaters, children’s clothing, and more. Attendees shopped enthusiasti-cally, leaving with bags full of “new” clothing.

In addition, more than 50 social service providers answered questions and handed out information about various services available in the Austin community.

Special thanks to Liz Branch and Lauren Kleine, the Wom-en’s Resource Fair Committee Co-Chairs, and the hundreds of volunteers who made this event a huge success.

T

With more than 300 women and 100 children in attendance, the Women’s Resource Fair continues to be a huge success, providing much-needed free

services to Austin’s homeless and battered women and children.


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

2014 Women’s Resource Fair SponsorsDozens of generous sponsors donated their time, money, and facilities to ensure a positive experience for all:

BENEFACTOR $5000 + CPL Laboratories

PLATINUM $1000 +

Civil Litigation Section of the Austin Bar Association Daryl Flood Relocation and Logistics

Sicola’s Garden HouseWomen Partners in Health

GOLD $750+

Blue Cross and Blue Shield of Texas Constangy Brooks & Smith

Chuy’s Marquee Rents

Moxie Realty Group/Mishell KneelandSerrano’s

SILVER $500+

BRONzE $250 +

CONTRIBUTOR UP TO $250

SPECIAL THANKS TO

Austin’s PizzaAustin Regional Clinic

Davis & WrightEstate Planning & Probate

SectionFee, Smith, Sharp & VitulloGraves Dougherty Hearon

& MoodyHanna & Plaut

Jo’s Hot Coffee - Good FoodJudge Orlinda Naranjo

Maudie’s Tex-MexThompson, Coe, Cousins & Irons

Travis County Medical Society Travis County Women Lawyers’

AssociationWhole Foods Market

Mama Fu’s May Yia Texas Cold Front

B.B. ImagingCentral Texas Clinical Research

CommUnity CareDirty Work Services

First United Methodist ChurchLawyer Referral Service of

Central TexasSeton/ UT Southwestern

Residency Programs at Austin

State Bar of TexasTexas Oil and Gas AssociationTexas Trial Lawyers AssociationTravis County Constable, Pct. 5

Volunteer Health ClinicVolunteer Legal Services of

Central TexasWomen Partners in Health

Permanency Project Relaunch: Calling All Volunteers!

YLA is relaunching its award-winning Permanency Project.

Attorneys of all ages are invited to volunteer legal services for foster children.

Volunteers will be assigned as an attorney ad litem to repre-sent a foster child in the state’s Permanent Managing Conserva-torship (permanent foster care). Under Texas law, a foster child is not entitled to have a taxpayer-funded attorney after his or her parents’ rights are terminated. As a result, there isn’t an attor-ney to push the case along and children may wait years to be adopted. In some cases, the foster children may age out of the system without being adopted.

Judges Darlene Byrne and John Hathaway have expressed a need for additional volunteers. To make the opportunity more manageable, the judges have agreed to a time-limited appoint-ment. Volunteers will sign up for a year-long appointment, during which they will appear at two to three hearings. After a year, the appointment will automatically end, unless the attor-ney requests to stay on the case.

Volunteers will receive three hours of free CLE, including online videos and a reading component. • AL

A

Cantilo & BennettDavid Sheppard

Hilgers & LanghamHyatt Regency Austin

Jackson Walker Watts | Guerra

Winstead

Thank You!

Upcoming AYLA EventsAYLA Docket CallThursday, May 155:30 to 7:00 p.m.Little Woodrow’s 520 W. 6th Street

Sponsored byFelisha D. Cockran – Mortgage Banking Officer with BBVA Compass Bank

SAVE THE DATE!AYLA Retro Vegas PartySaturday, June 218:00 pm to midnightThe Historic Haehnel Building1101 E. 11th Street

For full details on all AYLA events and programs, visit ayla.org.


upcoming events

MAY

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

16

29

JUNE3Family Law Section CLE Seminar

Join the Family Law Section for their annual full-day CLE and Happy Hour!

Time: 8:30 a.m. to 5:00 p.m. Location: St. Edwards University, Jones Auditorium – Ragsdale center, 3001 S. Congress Ave. CLE: 7 hours including 2 hours of ethics creditCost: $200 for Section Members who register before Monday, May 12; $225 for nonmembers; If paid after Monday, May 12, or at the door: $225 for Section Members, $250 for nonmembers.

Section Members are allowed to pay section member price for one paralegal. Any additional paralegals or staff must pay the nonmember price.

RSVP to [email protected]. For a complete list of topics and speakers, visit Family Law Section’s page on the Austin Bar website.

Civil Litigation Section CLE – Open to All!The Civil Litigation Section invites all attorneys to join them for their May CLE!

Time: NoonLocation: Austin Bar, 816 Congress Ave, Suite 700CLE: 1 hour, includes .25 hours ethics credit

Topic: Writing for Travis County Judges: Straight from the Court

Speakers: Judge Stephen Yelenosky, 345th District Court, and Judge Amy Clark Meachum, 201st District Court

Moderator: Sean Flammer, Office of the Attorney General

Cost: $15 for Section members. $20 for nonmembers. Includes lunch.

RSVP to Sean at [email protected] by Friday, May 23.

Animal Law Section CLE – Open to All!The Animal Law Section invites all attorneys to the June CLE!

Time: Noon Location: Austin Bar Association, 816 Congress Avenue, Suite 700 CLE: 1 hour credit

Topic: Animal Law Legislative Outlook Speaker: Shelby Bobosky, Legislative Director for the Texas Humane Legislation Network

Cost: $10 for Section Members. $15 for Nonmem-bers. Includes lunch.

RSVP to Kelley Dwyer at [email protected] or call 512-343-3630 by June 1.

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