Dueling and Law Licensing in 1853

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

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

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


 

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Texas Lawyers Concerned for Lawyers 23rd Annual Convention

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

This month in the Texas Bar Journal

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

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

Champions of Justice Gala Raises $413,00 for Veterans

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Random Profile: Elizabeth Martinez, Laredo

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

Best thing about being a lawyer: Helping people in need

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

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Attorneys: Be extra-vigilant for scams targeting lawyers

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

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

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

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

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

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

>>>>>

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

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

Recent scam scenarios include:

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


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

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

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

Texas Center for Legal Ethics Announces 2012 Pope Professionalism Awards

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

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

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

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

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

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

Congratulations to the 2012 Law Day winners!

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