State Bar of Texas Blog : State Bar of Texas Blog : News & Features on Lawyers & Attorneys & Legal Professionals in Austin, Dallas, Houston & TX

By Holly Priestner

The Texas Bar Foundation is pleased to announce a new addition to their annual awards program, the Gregory S. Coleman Outstanding Appellate Lawyer Award. Established by Yetter Coleman LLP in honor and memory of its name partner, Gregory S. Coleman,  the award celebrates the high ideals and standards that Greg demonstrated in his appellate practice and personal life. 

The recipient should exhibit an outstanding appellate practice while maintaining a strong commitment to providing legal services for the underserved. Dedication to mentoring young attorneys should be evident as well as a strong moral compass to guide both professional and personal pursuits.

Applications are now being accepted. Submissions will be accepted in the Texas Bar Foundation office until January 13 at 5:00 p.m. For more information and an application, visit the Texas Bar Foundation website. 

Award categories include:

• Dan Rugeley Price Award
• Lola Wright Foundation Award
• Outstanding 50 Year Lawyer Award
• Ronald D. Secrest Outstanding Trial Lawyer Award
• Samuel Pessarra Outstanding Jurist Award
• Gregory S. Coleman Outstanding Appellate Lawyer Award – NEW for 2012!

Holly Priestner is the development director for the Texas Bar Foundation.

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Texas homeowners, renters and business owners who suffered losses caused by the wildfires on or after Aug. 30 have more time to apply for federal disaster recovery assistance. At the request of the state, FEMA is extending the registration deadline to January 6. More details are available on the FEMA website.

“We hope this additional time will ensure that every Texan affected by the wildfires has an opportunity to register for state and federal assistance,” said Federal Coordinating Officer Kevin L. Hannes of FEMA. “We want to be sure to reach all wildfire survivors who still need help."

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At its October 2011 meeting in Denver, Colorado, the Commission decided to bifurcate its presentation of proposals to the ABA House of Delegates to help facilitate that entity's considered action on a significant number of complex and diverse subjects. The Commission will present its first group of proposals in August 2012, and the second set in February 2013. The Commission currently plans to present its proposals relating to mobility issues, outsourcing, and technology in August 2012. The Commission will circulate one more time for comment the drafts of those proposals before it files them with the House of Delegates for consideration in August 2012.  It will do so after discussing at its February 2 - 3, 2012 meeting the recent comments and suggestions received, and after making any necessary revisions to the proposals based upon those comments. The Commission will hold a public hearing in at its February meeting. Details are forthcoming.

The remaining proposals, including those relating to Model Rule 1.7, inbound foreign lawyers, and, if the Commission decides to do so, any proposals relating to alternative law practice structures, will be presented in February 2013. 

On Dec. 2, consistent with the Commission's promise to provide opportunities for input, it published for comment a Cover Memo and Discussion Draft relating to alternative law practice structures. The Commission already has ruled out certain forms of nonlawyer ownership that currently exist in other countries. In particular, the Commission rejected: (a) publicly traded law firms, (b) outside nonlawyer investment or ownership in law firms, and (c) multidisciplinary practices (law firms that offer both legal and non-legal services separately in a single entity). This Discussion Draft relates to a very limited form of nonlawyer ownership in a law firm akin to, but more restrictive than, that which has been permitted for 21 years in the District of Columbia. Before deciding how to proceed, the Commission wants to receive your comments and review any supporting materials you may wish to offer.

The Commission also posted for comment a Cover Memo and Initial Draft Proposal relating to choice of law and alternative law practice structures. Choice of law issues will exist whether or not the Commission ultimately decides to propose any modification to the current prohibition in Model Rule 5.4 on any form of alternative law practice structure. The Commission has heard that lawyers and law firms would benefit from additional guidance in this regard, particularly given the proliferation of domestic and international cross-border practice and the fact that more countries where U.S. lawyers and law firms do business now permit alternative law practice structures (as does the District of Columbia).

The Commission encourages responses to the Discussion Draft and the Initial Draft Proposal by late January 2012, so that they can be discussed at the Commission's February 2-3, 2012 meeting, and further asks that those requiring additional time submit their comments by February 29, 2012.

The documents can be downloaded here [website].

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By Kayla Markert

The State Bar of Texas offers a great selection of merchandise, including business card holders, leather coasters, legal pads, computer bags, baseball caps and apparel. Prices for select State Bar of Texas merchandise items have been reduced, just in time for the holidays! 

If you are looking for something to add a special touch to your Christmas tree decorations, look no further. The official State Bar of Texas ornament is a great addition to your collection, and can be yours for only $10.00. The ornament makes a great stocking stuffer, too.

The men’s pullover fleece is perfect for the Texas winter, and has been reduced to just $38.00. Another great item is the men’s button down, which has been discounted to $40.00. With the purchase of either the pullover or button down, we will also send you the State Bar of Texas ornament at no additional charge.

Visit the Shop With Us link on the State Bar of Texas website to see these items as well as other great State Bar of Texas merchandise.

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Twenty historic documents that provide significant information about Texas history and many of the characters -- both famous and infamous who contributed to the Lone Star State's colorful past -- will be unveiled for the first time at a reception at the State Bar of Texas Building, 1414 Colorado Street in Austin, on Monday, September 26, 2011, starting at 4 p.m.

The reception will include remarks from former U.S. Secretary of State James A. Baker, III -- whose great-grandfather's circuit court "minute" book from Galveston County during the 1860s will be among the documents unveiled -- and State Bar of Texas President Bob Black. The State Bar and Baker Botts L.L.P. are co-hosting the event.

The reception - as well as a hearing in Texas Supreme Court Chambers earlier in the day - will showcase the work of The Texas Court Records Preservation Task Force that for the past year has worked to uncover forgotten and, in many cases, decaying records stored in courthouses across the state.

The Texas Supreme Court created the 19-member Task Force last November and charged its members with preparing a report on the condition of state historical records. Bill Kroger, a partner at Baker Botts L.L.P., and Mark Lambert, Deputy Commissioner of Archives and Records for the Texas General Land Office, co-chaired the Task Force and will attend the reception.

About the Historical Texas Court Records Reception

What: Unveiling for the first time 20 key Texas historical documents
When: 4 p.m. on Monday, September 26, 2011
Where: State Bar of Texas Building, 1414 Colorado Street in Austin
Speakers: James A. Baker, III, former U.S. Secretary of State and senior partner at Baker Botts L.L.P. Bob Black, President of the State Bar of Texas
 

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The Texas Lawyers Auxiliary is holding an awards dinner on Sunday, October 2 to honor Teacher of the Year Patience LeBlanc and Lifetime Achievement Recipient Judy Abright Troy. The dinner will be at Carmelo's Italian Restaurant in Austin. The Texas Lawyers Auxiliary will hold their board meeting the following day on Monday, October 3 at the Texas Law Center in Austin. For information on how to RSVP for the dinner and to learn more about the Texas Lawyers Auxiliary, you may visit http://www.texasbar.com/tla.

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The Austin Bar Association is offering a free CLE training for attorney volunteers responding to legal questions and providing assistance to all those affected by the wildfires. The training will be Tuesday, Sept. 20, from 8:00 a.m. to 10:00 a.m. at the Austin Bar Association, 816 Congress Ave., Suite 700, Austin.

The cost is free to Austin Bar Association and Austin Young Lawyers Association members. The CLE credit for this training is 2.0 hours MCLE ethics credit.

This training will cover:

•  Ethics & Pro Bono Service
•  FEMA & Public Benefits
•  Home Ownership Issues (title/mortgage, tax & fencing, barn, pens)
•  Landlord-Tenant Concerns
•  Insurance and Consumer Law Issues
•  Pet and Animal Welfare Law

Read the full agenda.

Volunteer Legal Services of Central Texas is providing malpractice coverage to lawyers volunteering through the Austin Bar.

To RSVP for this training, please contact Marissa Lara-Arebalo at 512-472-0279, x100 or at Marissa@austinbar.org.

Thank you to all the volunteer attorneys and donors for your support in helping evacuees affected by the Bastrop wildfires.

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The U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) announced that federal aid has been made available to the State of Texas to supplement state and local recovery efforts in the area affected by wildfires beginning on August 30, 2011, and continuing. Read the FEMA news release for more details.

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The Paralegal Division is sponsoring the Texas Advanced Paralegal Seminar (TAPS) at the Marriott Hotel & Golf Resort in Fort Worth on October 5 - 7, 2011. Online registration for 2011 TAPS is open, and the early registration deadline date is August 26, 2011.

TAPS is a three day multi-track CLE seminar for paralegals. The theme of the seminar is Pearls of Wisdom - Celebrating 30 Years of Excellence. Download the 2011 Texas Advanced Paralegal Seminar Brochure. 

Paralegal Division members may apply for the TAPS Scholarship. There is also a social sponsorship and an exhibit booth available for the seminar. Interested exhibitors may email TAPSVendors@txpd.org for booth selection.

For more details on the seminar and to register online, you may visit www.txpd.org/taps.
 

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The late Chief Justice Joe R. Greenhill will be honored in a memorial service at 2 p.m. today in the Texas Supreme Court Courtroom.

Chief Justice Greenhill was the longest-serving justice in the Court’s history.

Tributes will be given by Senior U.S. Circuit Judge Thomas M. Reavley of Houston and U.S. District Judge Andrew S. Hanen of Brownsville. Reavley was Greenhill’s colleague on the Court when Reavley served from 1968 into 1977. Hanen was a briefing attorney for Greenhill in 1978-79.

Joe R. Greenhill Jr. of Austin will respond for the Greenhill family. Chief Justice Wallace B. Jefferson will respond for the Court.

The Rev. David A. Boyd, rector of St. David’s Episcopal Church in Austin, where Greenhill was a member, will lead the invocation and benediction.

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The May 2011 New Lawyers Induction Ceremony will be held on Monday, May 23, at the Frank Erwin Center in Austin. The swearing-in ceremony will be for February 2011 examinees.

All information regarding the swearing-in ceremony is included with the results of those who passed the exam and are eligible to participate in the ceremony. Inductees should arrive early; doors open at 8:30 a.m.

The ceremony will begin at 10:00 a.m. and will last approximately 45 minutes. New attorneys will be sworn in en masse toward the end of the ceremony following guest speakers. After the conclusion of the ceremony, attorneys may go to the concourse for refreshments. Information tables will also be set up and staff will be available to answer questions or provide assistance regarding membership requirements and other information about the State Bar.

The Frank C. Erwin Center is located at 15th Street & I-35. Parking is available at 13th & San Jacinto between 12th & 13th Streets (2 hours free), 1815 Trinity & MLK ($10.00), and 15th & Red River ($10.00).

For more information on the induction ceremony, you may visit the Texas Board of Law Examiners FAQs Page.

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The 2011 Texas Minority Attorney Program (TMAP) will be in Houston tomorrow, May 6.

TMAP is a one-day live CLE seminar and networking event geared towards minority and women solo and small firm practitioners.

Participants have the opportunity to learn more about the issues facing solo and small firms, discuss various client development strategies, and network with area judges and other legal professionals.

TMAP in Houston will be at South Texas College of Law, Garrett-Townes Hall, 1303 San Jacinto Street, 77002.

To register, please visit http://www.texasbarcle.com/CLE/AABuy0.asp?lID=10400&sProductType=EV.

For more information on TMAP 2011, please visit www.texasbar.com/tmap.

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The Texas Veterans Commission awarded a $95,000 grant to the Texas Legal Services Center (TLSC) to expand its Veterans Legal Hotline for Texas veterans who do not have access to civil legal services. The grant will allow TLSC to increase hotline hours and hire additional staff. Legal services provided to veterans primarily address issues relating to family, employment, housing, consumer, probate, and access to health care and benefits.

For details on State Bar efforts to provide legal help to Texas veterans, please visit our Texas Lawyers for Texas Veterans page at www.texasbar.com/tltv.

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Texas attorneys can now request admission as solicitors in the United Kingdom. The Solicitor’s Regulatory Authority (SRA), which administers lawyer admission to the UK, recently amended its system of recognition for foreign lawyers. The change to the SRA admission requirements required the State Bar of Texas to seek approval for lawyers wanting to apply for admission to the UK. 

The new SRA system required a re-evaluation of the State of Texas as an eligible jurisdiction. A questionnaire was completed and submitted to the SRA for review. The questionnaire covered  admission, discipline, and membership requirements. The survey required a coordinated response from the Texas Board of Law Examiners, Chief Disciplinary Counsel of the State Bar of Texas, and State Bar Membership Department. 

If you have questions about this change, please call the State Bar of Texas Membership Department at (512)427-1383.

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Lone Star Legal Aid (LSLA) will conduct two free clinics to help veterans and active military apply for RetroActive Stop Loss Special Pay (RSLSP) before the current deadline of April 8, 2011. Service members who believe they are eligible for RSLSP are encouraged to attend LSLA free help clinics on April 4 and April 5 in Killeen, Texas. Both clinics will take place at the Killeen Community Center from 9 am – 4 pm located at 2201 East Veterans Memorial Boulevard, in Killeen. LSLA attorneys and staff will be there to assist the eligible service members with the application process.

Service members, veterans, (and their beneficiaries) whose service was involuntarily extended under Stop Loss, a forced extension of active duty military service, between Sept. 11, 2001 and Sept. 30, 2009 may be eligible for RSLSP. Congress has extended the deadline several times to allow eligible persons extra time to apply for the pay and recently extended the deadline through April 8 under the Continuing Resolution the federal government is operating under.

The RSLSP additional payment of $500 for each month of involuntary service, results in average payments to service members of $3,700, an amount that could make a difference for a service member and their family now. This money could be especially important for families who qualify for free legal services. The average veteran or service member who qualifies for free legal services with Lone Star Legal Aid is living under the Federal poverty guidelines; this money could absolutely change their lives. 

Service members who plan to attend the April 4 or April 5 free clinics should bring all required forms to the clinics. For a complete list of the required forms visit your branch of military’s website or http://www.defense.gov/home/features/2010/0710_stoploss/.

For more information please contact Rebekah Mason, Staff Attorney, at (713) 652-0077 or at rmason@lonestarlegal.org.
 

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The Texas Board of Legal Specialization (TBLS) is holding their 2011 induction ceremony at the Texas Law Center, is accepting certification applications for 2011, has a new specialty area, and has a new look for TBLS.org.

2011 Induction Ceremony
The TBLS Induction Ceremony will be April 19 at the Texas Law Center in Austin.

2011 Certification Applications
TBLS is accepting certification applications for 2011. You can find the specific requirements for each specialty area at the “Get Certified” section of tbls.org. 

New Specialty Area
The Supreme Court of Texas approved the Standards of Certification in the new specialty area of Criminal Appellate Law. This is the first new specialty area recognized by the Court since Workers’ Compensation Law in 2004. Certification will be available for Texas attorneys who have handled a sufficient number of post-conviction writs and appeals in criminal cases. You may review the Standards for specific information about the requirements, including the numbers and types of matters which qualify. The 2011 application filing deadline is Monday, May 2, 2011.

New Look for TBLS.org
If you haven't had a chance to explore the new site, TBLS encourages you to take a few minutes to see how TBLS is increasing Board Certified attorneys' presence on the Internet. TBLS has a new distinctive Board Certified Logo, a consumer-friendly search function using Google map technology, and a personal attorney profile page for every Board Certified attorney. TBLS continues to work on behalf of their members’ to raise awareness and communicate the benefits of working with a Board Certified attorney among Texas consumers.

If you have questions about the TBLS Board Certification program, please contact TBLS at its toll free number, 1-855-277-TBLS or send an e-mail to tbls@texasbar.com.

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Guest post by Osler McCarthy, Supreme Court of Texas staff attorney for public information 

Effective today, you may electronically file documents with the Texas Supreme Court, pay your fees, and serve opposing counsel using the Texas.gov electronic-filing system.

To use the electronic-filing system you must first choose an electronic-filing service provider and register. You must send two paper copies of your filing to the Court when you use the electronic-filing system.

If you choose to file using the traditional paper-filing method, you must still e-mail electronic copies of petitions, responses, replies, briefs on the merits, amicus briefs, post-submission briefs, motions for rehearing, and emergency motions to the Clerk of the Court on the same day that the paper copies are filed. The electronic copies must be e-mailed to scebriefs@txcourts.gov. An original and eleven paper copies are still required for most filings when using the paper filing method.

For more details, see the Electronic Copy and Electronic Filing Rules for the Supreme Court of Texas. For more information about creating electronic briefs, please read this Guide to Creating Better Electronic Briefs. You can also watch a video that shows step-by-step instructions for using Adobe Acrobat to create an electronic brief.

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The American College of Trial Lawyers and Texas Young Lawyers Association (TYLA) will host the championship rounds of the National Trial Competition (NTC) on Thursday and Friday, April 7 and 8 at the Harris County Civil Courthouse downtown on 201 Caroline Street, Houston, 77002. This competition is the premiere mock trial competition in the country. The top 28 law school mock trial teams from around the country will advance from their region to the NTC Championship Rounds in Houston. Read more information about the competition.

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The Texas Center for Legal Ethics is now accepting nominations for the third annual Chief Justice Jack Pope Professionalism Awards. One award each will be presented to an appellate judge and an appellate lawyer who epitomize the highest level of professionalism and integrity. Active and retired lawyers and judges are eligible. Awards will be presented during the Texas Supreme Court Historical Society Dinner in June.

The deadline for nominations is April 1. For more information, please visit http://www.txethics.org/News.aspx?id=19. 

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On March 2, the State Bar received a call from Houston lawyer Richard Merrill, who was targeted by an elaborate variation on an email scam that has targeted lawyers for some time. The email scams usually involve overseas criminals pushing bogus debt collection matters - if the scam succeeds, the targeted attorney deposits a fake cashier's check in trust and then disburses funds before the check clears (and is on the hook for the money).

Instead of email, Merrill was contacted directly by a Houston realtor who thought she was helping a London-based doctor buy a house in Houston. In fact she was dealing with a scam artist who had stolen the doctor's identity. Merrill offered his services and ultimately received a bogus cashier's check as a down payment for the house. Luckily for Merrill, his bank identified the check as fraudulent before it was deposited. Read Merrill's full account here.

The State Bar also heard from a Dallas firm which was listed in the return address field on about 300 bogus checks for $3,000 to $4,000 mailed from Fort Worth by scammers who asked their victims to send $500 in order for their checks to clear. The Bar also heard from a Dallas firm whose identity was stolen as part of a payday loan scam in which the scammer purported to be from the firm and attempting to collect a debt.

Attorneys should be extra-vigilant for scams of this type, and never issue a check from a trust account until deposited funds have been collected. Matters involving bank fraud are investigated by the Secret Service. If you are targeted, contact an office in your area.

For detailed information on the problem, see this article by State Bar ethics attorney Ellen Pitluk, which previously ran in shorter form in the Texas Bar Journal. 

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WASHINGTON – U.S. Senators Kay Bailey Hutchison (R-TX) and John Cornyn (R-TX) today announced that they were accepting applications for three judicial vacancies in Texas. A vacancy for U.S. District Judge is open for nomination in the Eastern District of Texas in Sherman. A second vacancy for U.S. District Judge is open for nomination in the Southern District of Texas in Galveston, and third is open for nomination in the Western District of Texas in El Paso. All who applied in 2008 for the Sherman and El Paso vacancies—and remain interested—are encouraged to reapply.

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The State Bar of Texas has announced that attorneys Guy D. Choate of San Angelo and F.R. “Buck” Files Jr. of Tyler will face off in an election of the state’s lawyers this spring to become president-elect of the State Bar of Texas.

Guy Choate is a partner at Webb Stokes & Sparks, L.L.P. in San Angelo. He is board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

Buck Files is a shareholder and founding member of Bain, Files, Jarrett, Bain & Harrison, PC in Tyler, where he practices criminal defense law. He is board certified in criminal law by TBLS, and in criminal trial advocacy by the National Board of Trial Advocacy.

Click here to read the news release.

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UPDATE 2: On Dec. 20, 2010, President Obama signed this provision into law.

UPDATE: On Dec. 7, 2010, the U.S. House of Representatives also approved this legislation.

On Nov. 30, the U.S. Senate unanimously passed the Red Flag Program Clarification Act of 2010, which clarifies that the Federal Trade Commission's Red Flags Rule does not apply to lawyers, doctors, accountants, and certain other service providers. The bill has been referred to the House Committee on Financial Services.

The Red Flags Rule requires financial organizations and "creditors" to develop programs to prevent identity theft.

The Senate action comes after efforts by bar associations and other organizations to exempt professionals who maintain accounts for clients that generally do not carry risks of identity theft.

For background on this issue, see the American Bar Association website.

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Last year, the Texas State Senate adopted Proclamation No. 1144, recognizing October 23 as Texas Paralegal Day, to honor the paralegal community and the contributions it has made. The State Bar of Texas Paralegal Division encourages everyone to honor paralegals by celebrating Texas Paralegal Day. 

District 8 of the Paralegal Division will be sponsoring a celebration on October 22 from 5:30 p.m. to 9 p.m. at Cassidy’s Irish Pub, 601 N. Water St., Corpus Christi, 78401. 

South Texas Organization of Paralegals, Inc. will be sponsoring "A Salute to Service - 7th Annual San Antonio Paralegal Day Celebration" on October 22 from 11:30 a.m. to 1 p.m. at The Bright Shawl, 819 Augusta, San Antonio, 78215. 

And District 3 of the Paralegal Division will be sponsoring the Texas Paralegal/Career Day Celebration on October 26 from 8 a.m. to 3 p.m. at the Family Law Center, 200 E Weatherford Street, 2nd Floor Auditorium, Fort Worth, 76196.

The State Bar of Texas created The Paralegal Division of The State Bar of Texas on October 23, 1981, becoming the first U.S. bar association to create a separate division for paralegals. For more information about the Paralegal Division and for more details on the above listed celebrations, please visit the Paralegal Division website at www.txpd.org.

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The second of nine public education hearings on the proposed rules changes took place today in El Paso. The crowd of 26 was predominantly lawyers. The hearing was again moderated by Roland Johnson, immediate past president, with a presentation by Tom Watkins, chair of the Supreme Court Task Force that studied the issue in depth. Steve James, section representative to the State Bar of Texas Board of Directors, was also on hand to listen to local comments. Click here to listen to the recording of today’s hearing

Excerpts of comments and concerns raised today:

• An attorney from Texas RioGrande Legal Aid raised a question regarding proposed Rule 3.05, having to do with maintaining impartiality of a tribunal, namely, ensuring that the public knows about decisions being made that directly affect them. “We must have transparency to have justice; it is essential that the public have access to information. The proposed rule limits administrative attorneys’ ability to serve their clients.” Her suggestion was to leave the rules language as is concerning ex parte communications.
   
• A lawyer from the Office of the City Attorney commented on arbitration agreements between attorneys and prospective clients, and how enforcement of the proposed new rule would work with respect to agreements already standing. His question was in regard to whether past agreements would have to be redone to comply with new rules if adopted. While no decisions have been made in that regard, Court Rules Attorney Kennon Peterson indicated the Court would probably make the rules effective going forward from any date of adoption.
   
• Mark Osborn, an El Paso attorney who serves on the Professional Ethics Committee, addressed what he deemed a problematic issue with changes to Rule 3.05 pertaining to “pending matters.” “The rules already provide that you can’t unduly influence decision makers, and the proposed change is a green light for rich people to buy boards,” he worried.

In response to a question as to whether the rules would be offered as a package or voted on singly in a forthcoming referendum, Johnson responded that no decision had been made on whether the Bar would make a recommendation about a proposed ballot in its report to the Court.

Watkins added in response to a comment that the rules should not be changed for the sake of change, that the changes had been considered over many years and that all the changes had to be considered within the parameter of first protecting the public, then serving lawyers, and then providing uniformity over multiple jurisdictions. With increasing interstate practice and rapid-fire challenges presented by technology, careful consideration has gone into the drafting of each proposed rule change.

Johnson reminded the crowd that there is still time for the board to recommend changes for the Court to consider, and that the Court is open to input from lawyers and the public, as demonstrated by the presence of Supreme Court justices at the hearings. Today’s hearing was attended by Justice Dale Wainwright. Justice Phil Johnson attended the hearing in Lubbock.

The hearing Wednesday will take place in Houston. Participating lawyers will earn 0.5 hours ethics credit for attending the hearings. Public protection is an important core function of the Bar and citizens are encouraged to offer input, too. Click here to post a comment and click here for details on the proposed rules changes

The State Bar Board of Directors will take up the issue at its Oct. 1 meeting and make a recommendation to the Texas Supreme Court by Oct. 6.

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More than 40 attorneys and members of the public turned out Monday in Lubbock to learn about proposed changes to the Texas Disciplinary Rules of Professional Conduct at the first of nine public education hearings to be held around the state this week and next.

Roland Johnson, State Bar of Texas immediate past president, provided background information on the issue and served as moderator during a Q&A session. Tom Watkins, chair of the Texas Supreme Court Task Force convened to study the issue, answered questions from those in attendance. Members of the State Bar Board of Directors Becky Baskin Ferguson of Midland and Kyle Lewis of Dumas participated, as well. Click here to listen to the transcript.

A sampling of comments and questions:

• A lawyer who served on the State Bar committee charged with studying the proposed rules changes remarked that “some of the best legal minds in ethics and professional responsibility have spent thousands of hours of work…on the arduous process, trying to get it [the rules] as close to perfect as possible.”

• Another attorney voiced a concern regarding whether “confidential” was defined too broadly. Many concerns raised had to do with definitions and interpretations.

• A representative of a newly formed group, Texas Coalition on Lawyer Accountability, stressed the importance that the public interest be heard. She posed questions related to confidentiality, informed consent, and issues related to arbitration.

• A question was posed about “prior contact with client or prospective client” as it relates to clients asking questions on lawyers’ websites, raising the issue of posting rules language to attorneys’ websites.

• A number of questions were raised around the issue of prohibited sexual relations, including a request to define “sexual relations” and addressing expenses in addition to fees in proposed rule 1.13. Said Watkins in response to one such question, “We’re not trying to regulate sexual conduct with this rule; we’re trying to ensure adequate representation and protection for the client.”

Watkins and Kennon Peterson, Supreme Court rules attorney, responded to a wide range of questions, provided clarification, and offered insight on the process and task at hand.

Rule 3.05 concerning “ex parte communications” drew questions surrounding “pending” and “anticipated” matters, and the intent of state agency decision makers.

Tuesday’s hearing will take place in El Paso. Want to know more or voice your opinion? Click here to see the schedule (pdf) for the remaining hearings. Participating lawyers will earn 0.5 hours ethics credit for attending the hearings. The bar is deeply committed to protecting the public and wants to hear from citizens, too. Click here to post a comment.

The State Bar Board of Directors will take up the issue at its Oct. 1 meeting and make a recommendation to the Texas Supreme Court by Oct. 6.

Click here for MP3 audio of the Lubbock hearing

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TexasBarCLE will be offering a free webcast on the proposed changes to the Texas Disciplinary Rules of Professional Conduct. The webcast will include a group of panelists and will focus mainly on discussing the proposed amendments, the process by which the proposed amendments were developed, and reasons the changes are needed.

Immediate past president of the State Bar of Texas, Roland Johnson, will serve as moderator for the webcast. Panelists will include Patricia Chamblin, chairwoman of the State Bar Disciplinary Rules of Professional Conduct Committee; Linda Eads, a past chairwoman of the State Bar’s disciplinary rules committee; Tom Watkins, chairman of the Texas Supreme Court task force on the disciplinary rules; and Kennon Peterson, the Texas Supreme Court’s rules attorney.

The live webcast is free and will be on Wednesday, August 18, from 10 a.m. to 12 p.m. The webcast is worth two hours of MCLE credit, including two hours of ethics credit. Register for the webcast for free on TexasBarCLE.com. To find out more about the proposed amendments, visit www.texasbar.com/rulesupdate.

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State Bar of Texas officials announced April 30 that Bob Black of Beaumont was elected by the state's lawyers to serve as president-elect of the organization. Natalie Cobb Koehler of Meridian was elected president-elect of the Texas Young Lawyers Association (TYLA).

Bob Black is the managing shareholder at MehaffyWeber, where his practice is concentrated in mediation, arbitration, and civil litigation.

Natalie Cobb Koehler is the Bosque County attorney and a sole practitioner in Meridian.

Black and Koehler will be sworn in as presidents-elect during the State Bar's Annual Meeting June 10-11, 2010 in Fort Worth, and will serve as president of the State Bar and TYLA respectively from June 2011 until June 2012.

Also elected to the State Bar of Texas Board of Directors are Roy Dayton Brantley of College Station, Greg M. Dykeman of Beaumont, Michael W. McDonald of Hillsboro, Christina Melton Crain of Dallas, Jo Ann Merica of Austin, Victor H. Negron, Jr. of San Antonio, Barrett H. Reasoner of Houston, R.W. "Ricky" Richards of Jacksonville, Stephen J. Schechter of Boerne, and Frank E. Stevenson II of Dallas.

Visit www.texasbar.com for additional election information. Click here to read the news release.

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The Asian Pacific Interest Section of the State Bar of Texas (APIS) is seeking nominations for the 2010 Justice David Wellington Chew Award, which honors individuals whose contributions benefit the Asian-Pacific American legal community in Texas. The award was named after Justice Chew, one of the first Asian-Pacific Americans in the Texas judiciary, who currently presides as Chief Justice of the Eighth Court of Appeals.

The deadline for receipt of nominations is Friday, March 26, 2010, at 5:00 p.m. The award will be presented on Saturday, April 17, 2010 at the Fourteenth Annual APIS Conference and Retreat to be held in Austin, Texas . More details can be found at http://texasapis.org/award.php.
 

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“R U Safe? Protecting Yourself in Cyberspace” is designed to educate children and their parents about online dangers and give them the tools needed to be safe while online. The DVD was created by the Texas Young Lawyers Association (TYLA) and is available for viewing and downloading at www.tyla.org/rusafe or may be requested by calling 512.427.1529.

The video covers such topics as cyber bullying, social networking sites, chat rooms, sexting, and online predators. Each part of the four-part DVD is 15-20 minutes in length and geared toward a specific age group, helping kids and parents learn how to report suspicious activity and understand the legal ramifications of certain online behavior.

The project is made possible by a generous grant from the Texas Bar Foundation, the largest charitably-funded bar foundation in the country. Since its inception in 1965, the Texas Bar Foundation has distributed over $10 million in grants.

Members of the TYLA Cyber Awareness Committee include Brett Busby, Houston, Adrienne Clements, Fort Worth, Kirsten Cohoon, Houston, Alyssa Long, Houston, Erin O’Driscoll, Houston, Jobe Rodgers, Lubbock, and David Anderson, Dallas. 
 

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most links below point to PDF files

Transition to Practice — Read about the State Bar's new mentoring initiative for local bar associations. Also included is best practice advice from Texas lawyers for changing times.

Transition from Transitive — Robert Fugate advises translating Latin phrases as part of an article on defining terms of art in legal writing.

Seizing Life — Plano lawyer Jeff Bray recounts his battle with cancer and the life lessons he's learned in "Don't Assume You Have Tomorrow to Get the Big Things Done."

Profiles — Texas lawyers take their passions seriously, as you'll see from stories about Hans Heppe, who has helped create a German-immersion school in Dallas, and Roberta Shaffer, who has been appointed Law Librarian of Congress.

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The Texas Board of Legal Specialization (TBLS) will hold a hearing in Austin on Sept. 30, 2009, to gather public comment on proposed changes to certification standards covering personal injury trial law, civil trial law, and labor and employment law.

TBLS certifies attorneys and paralegals through a voluntary program which requires that they meet certain standards regarding length of practice, experience, and knowledge in their chosen practice areas. Those who meet the criteria are designated "board certified" by TBLS.

In the areas of personal injury trial law and civil trial law, proposed changes cover the definition of a "trial" in the standards and adjustments to the amount of trial experience an attorney must have to be certified. The labor and employment changes require that an applicant maintain a certain amount of his or her practice in Texas.

TBLS director Gary McNeil related that initial feedback regarding proposed changes to the trial standards involves concerns that trial experience is harder to obtain because fewer and fewer cases are tried before juries. After public input is received, the Texas Board of Legal Specialization is expected to submit final proposed changes to the Supreme Court of Texas late this fall.

Click here to read the proposed changes, and visit TBLS.org for more information about specialty certification.

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most links below point to PDF files

Legislative Update — Royce Poinsett provides an overview of the 81st Texas Legislature and how it may affect Texas lawyers, from the revised franchise tax to the fate of the "Pork Chopper Bill." For updates on specific areas of practice, from Criminal Law to Insurance Law, click here.

Lawyers, Laptops, and the Border — Odean Volker discusses electronic searches and seizures and their implications on attorney-client privilege. Learn what you should say if a customs official seeks to inspect electronically stored privileged documents.

Annual Meeting Coverage — Read how State Bar President Harper Estes nearly stole the show from musician Charlie Robison, Justice Antonin Scalia's linguistic pet peeves, and Pulitzer Prize-winning historian Doris Kearns Goodwin's awkward picnic with her former boss, LBJ.

Profiles — Texas lawyers are really into their hobbies, as you'll see from stories about Kent Durham, part of a three-generation trick-roping family, and Rick Evans, a telecommuting steamship captain.

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Yesterday the American Bar Association announced it had filed suit seeking to bar the Federal Trade Commission (FTC) from applying the Red Flags Rule to lawyers. The Red Flags Rule requires "creditors" and "financial institutions" with covered accounts to implement programs to identify, detect, and respond to warning signs of identity theft. There has been some confusion regarding which businesses the rule does and does not apply to.

In late July, the FTC delayed enforcement of the rule until Nov. 1, 2009, and indicated in a press release that it would soon provide additional guidance regarding how to determine whether the rule applies to a particular business.

The ABA claims that:

"the FTC has failed 'to articulate, among other things: a rational connection between the practice of law and identity theft; an explanation of how the manner in which lawyers bill their clients can be considered an extension of credit under the FACTA; or any legally supportable basis for application of the Red Flags Rule to lawyers engaged in the practice of law.'"

For more on the suit, see the ABA's press release and this report by the National Law Journal.

For details on the Red Flags Rule, see the FTC's How-To Guide for Business.

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"Scumbag Billionaire" is the title of the 24th Bar None variety show, where Dallas-area attorneys, judges, paralegals, and other legal professionals prove each year that the legal profession has plenty of humor and creative talent.

This year's show runs June 17-20 at the Greer Garson Theatre on the SMU campus. All proceeds benefit Sarah T. Hughes Diversity Scholarships at the Southern Methodist University Dedman School of Law, for which Bar None has raised more than $1.1 million over the years.

For tickets, visit BarNoneShow.com

Check out these videos of past Bar None performances: 

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