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

The U.S. Armed Forces protect citizens’ rights, including the right to access to justice. The Houston Bar Association and Houston Volunteer Lawyers Program have found a way to ensure that Houston veterans receive access to justice in return.

Approximately 1/3 of Houston veterans are homeless and many more are living on modest means, unable to afford an attorney. Recognizing the severity of this issue, the Houston Bar Association implemented a program to aid our nation’s heroes. Every Friday from 2:00 p.m. – 3:00 p.m., volunteers from the Houston Volunteer Lawyers Program staff a free legal clinic held at the Michael E. DeBakey VA Medical Center. Any veteran who attends receives a free legal consultation. Many times, questions are basic and the legal need is fulfilled. If by chance a veteran has an ongoing legal issue, the Houston Volunteer Lawyers Program determines if the veteran is eligible for free representation and connects qualified veterans with a volunteer attorney.

The attendance at the legal clinics has grown - attorneys are now seeing 30 attorneys a week. As the clinics’ success grew, the Houston Bar has expanded the program to include services at veteran transition homes and other special legal clinics. Houston lawyers agree that the volunteer efforts are very fulfilling and that attorneys are building close bonds with local veterans.

Volunteer attorney Denise Scofield described the relationships, “We know our clients, we receive Christmas cards, announcements about grandchildren, and emails. “

The Houston Bar Association held a training seminar on Friday, November 13 to assist with a statewide initiative. Speakers included volunteer attorneys who have experience siding veterans, Judge Mark Cater who developed the first veterans court  in Texas, and executive staff members of the Michael E DeBakey VA Medical Center. The State Bar of Texas will implement a program in June of 2010, Texas Lawyers for Texas Veterans.

Above: On November 13, State Bar Director Allan DuBois of San Antonio discusses his experience handling a VA disability case.
 

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The State Bar of Texas extends its deep gratitude to all veterans for their service to our country.

Throughout the year, our Legal Assistance to Military Personnel (LAMP) program recruits volunteer attorneys and legal professionals to assist soldiers and their families with legal issues involving family law, employment, housing, and more. Read more and learn how to volunteer

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 most links point to PDF files

New Disciplinary Rules — The Supreme Court of Texas has published for comment proposed amendments to the Texas Disciplinary Rules of Professional Conduct. 

Pro/Con: Professional Liability Insurance Disclosure — The Supreme Court has asked the State Bar Board of Directors to recommend whether lawyers should be required to disclose to clients if they carry professional liability insurance. Read some of the arguments for and against the proposal.

20 Years of the Texas Lawyer's Creed — Read one man's observations on the need for the Texas Lawyer's Creed, as well as the personal reflections of some of the lawyers and judges who had a hand in crafting it. 

Profiles — Texas lawyers take their passions seriously, as you'll see from stories about El Paso lawyer Gene Semko, who moonlights as a Big 12 referee, and Bellville lawyers John and Taunia Elick, who caught the attention of the New York Times for their collection of historic houses.

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Nine lawyers braved cold, wet conditions to testify at a public hearing in Lubbock on whether lawyers should be required to disclose to clients if they carry professional liability insurance. Eight of the nine voiced opposition to a disclosure requirement; one expressed her support. The Supreme Court of Texas has asked the State Bar Board of Directors to recommend whether such a policy should be adopted. The Board will vote in January.

Three West Texas lawyers who serve on the Board of Directors attended the hearing — Guy Choate of San Angelo, David Copeland of Midland, and Kyle Lewis of Dumas. State Bar President Roland Johnson of Fort Worth and his immediate predecessor, Harper Estes of Midland, provided background on why the hearing was taking place and answered questions put to them by members of the audience. Jonathan Smaby, executive director of the Texas Center for Legal Ethics, moderated. Recordings of the Lubbock hearing and the five previous public hearings around the state are available at www.texasbar.com/plidisclosure.

Among the points raised during public testimony:

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More than 50 lawyers and members of the public took part in a lively public hearing on whether lawyers should be required to disclose to clients if they carry professional liability insurance. The Supreme Court of Texas has asked the State Bar Board of Directors to make a recommendation on the issue. The Board is soliciting input in advance of its anticipated January 2010 vote on the issue.

The hearing — the fifth in a series of seven around the state — took place at the Belo Mansion, home of the Dallas Bar Association. Several State Bar directors from North Texas were on hand, including Talmage Boston, Beverly Godbey, Tim Mountz, Mark Sales, Steve Bolden, John Jansonius, and Dan Micciche of Dallas; Janna Clarke and Mark Daniel of Fort Worth; Deborah Gagliardi of Arlington; Mike Gregory of Denton; John Hatchel of Woodway; and Chad Baruch of Rowlett. State Bar President Roland Johnson of Fort Worth provided an overview of the issue. Jonathan Smaby, executive director of the Texas Center for Legal Ethics, moderated the discussion. An audio recording of the hearing is available at www.texasbar.com/plidisclosure. 

Ten lawyers testified publicly. With varying levels of vehemence, nine expressed opposition to a disclosure requirement while one voiced support for the measure. Other attendees indicated their positions in writing. Of those, 19 opposed making insurance disclosure mandatory while one supported the proposal.

Among the points raised during public testimony:

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During the fourth of seven public hearings the State Bar of Texas is holding around the state on whether lawyers should be required to disclose to clients if they have professional liability insurance, all six of the attendees who testified publicly spoke against mandating disclosure. At the request of the Supreme Court of Texas, the State Bar Board of Directors will vote to make a recommendation to the Court during the Board's January 2010 meeting.

The public hearing took place at the El Paso Commissioners Courtroom. State Bar President Roland Johnson attended, as did three members of the State Bar Board of Directors: Jeanne C. "Cezy" Collins and Cori Harbour of El Paso, and Pablo Almaguer of McAllen. Harbor is president of the Texas Young Lawyers Association; Almaguer serves as one of four minority directors on the Board. Jonathan Smaby, executive director of the Texas Center for Legal Ethics, moderated the discussion. An audio recording of the hearing is available at www.texasbar.com/plidisclosure.

Among the points raised during public testimony:

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The annual National Pro Bono Celebration is an effort to showcase the difference that pro bono lawyers make to the nation, the justice system, the community, and the clients they serve.

Each weekday this month, this blog has featured Texas pro bono lawyers and their work.

For details on the national celebration, visit CelebrateProBono.org. For information on Texas events and activities, see the website of the Texas Access to Justice Foundation.

In recognition of the celebration, the State Bar of Texas board of directors passed a resolution commending the Texas legal community for its pro bono work and encouraging all bar members to contribute. Read it here.

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Thirty-five people, almost all of whom were lawyers, attended a public hearing in Houston on whether attorneys should be required to disclose to clients whether they carry professional liability insurance. The Supreme Court of Texas has asked the State Bar Board of Directors to make a recommendation on the issue.

Ten attendees testified publicly. All expressed opposition to a disclosure requirement, with a few offering their preferences should such a policy take effect. An additional 17 attendees registered their opinions in writing. Fifteen of those expressed opposition to disclosure, with two indicating “No opinion.” No one offered support for disclosure, although State Bar President Roland Johnson, in the interest of fairness, read into the record from a task force report the primary arguments in support of disclosure.

Several State Bar directors were on hand, including Glenn Ballard, Tim Belton, Warren Cole, Bert Jennings, Bill Ogden, Tommy Proctor, and Travis Sales. Johnson moderated the discussion, which took place at South Texas College of Law. A digital recording of the hearing is available at www.texasbar.com/plidisclosure.

Among the points raised during public testimony:

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Four attorneys attended the second public hearing in Harlingen – all of them speaking against lawyers having to disclose whether or not they have professional liability insurance to prospective clients. One of those attorneys traveled three hours from San Antonio to testify after having surgery the day before preventing his attendance at the Wednesday hearing.

Testimony of those who attended included:

• Professional Liability Insurance covers only negligence and the majority of times where a lawyer has hurt a client it is not negligence.
• This discussion must be a special interest issue.
• If a lawyer is going to have to disclose issues that might impact representation there are other things more germane than insurance (examples: health, financial status, personal problems) What is so special about insurance that it should be disclosed?
• The American Bar Association is never happy with the status quo [so the adoption of a model rule by the House of Delegates might or might not have relevance].
• What public policy does this proposed disclosure truly serve?
• What harm has resulted in the past that has caused the Supreme Court of Texas to offer this proposal?
• People do not enter into personal or business relationships thinking about future mishaps and this proposal would add that context to the front end of the attorney-client relationship.
• This proposal, if implemented would make lawyers more vulnerable to being sued by clients unhappy with the result of a case.
• Clients will be worried about representation but will not be better protected with this disclosure.
• The public looks at the issue globally without information/knowledge about what professional liability insurance covers or does not cover.
• What percentage of lawyers are sued annually? The grievance process exists to punish lawyers who do not live up to their professional obligations.
• Insurance disclosure is a ticket to draw people in to sue attorneys.
• After more than 19 years in consumer bankruptcy practice, had several complaints filed with the State Bar that were dismissed because there was no misconduct. Those complainants would have been more likely to file suit if I had insurance and there is a likelihood that I would have had to pay even though the complaints were baseless.
• This is a non-issue. Attorneys are not required to have professional liability insurance and if a client asks, we are already obligated to provide that information.

(Visit www.texasbar.com/plidisclosure for more information and background on this issue as well as a calendar of upcoming hearings.)

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Of the approximately 60 people attending the first of seven State Bar of Texas public hearings regarding whether Texas attorneys should be required to disclose to the public whether or not they are covered by professional liability insurance, 21 lawyers testified against disclosure and one member of the public testified for “transparency” in all areas of the judicial system including disclosure.

The Supreme Court of Texas has asked the State Bar of Texas Board of Directors to give its recommendation on whether Texas attorneys should be required to disclose to the public whether or not they have professional liability insurance. The State Bar Board has developed a process for obtaining input from attorneys and the public, including a series of public hearings, which began in San Antonio Wednesday. State Bar directors will continue to collect information through their January 2010 board meeting where a vote will be taken with a final report prepared for the Court the first week of February.

State Bar directors at the hearing included Guy Choate of San Angelo; Lisa Tatum, Sylvia Cardona, Allen Dubois, Pamela Gilbert, and LaMont Jefferson of San Antonio; State Bar President Roland Johnson and President-elect Terry Tottenham also attended the hearing which was moderated by Jonathan Smaby, executive director of the Texas Center for Legal Ethics and Professionalism.

State Bar President Roland Johnson opened the hearing with a short overview of the Professional Liability Disclosure Issue and the Court’s request of the State Bar Board of Directors. Directors listened to the testimony and made themselves available after the hearing and over the coming months leading up to the January vote.

A sample of the testimony received at the hearing against requiring disclosure included:

• The legal profession should not be singled out as the only profession to be required to disclose whether or not practitioners have professional liability insurance.
• The trust relationship between a lawyer and a client would be immediately compromised once the lawyer discloses whether or not he or she has professional liability insurance.
• Each firm should be allowed to make the business decision of whether to carry or disclose professional liability insurance coverage on its own.
• A lawyer’s report of coverage is a snapshot of a moment and does not guarantee he or she will have coverage at the time in the future when a suit might be filed.
• The profession already polices itself. The Court and the Legislature have reduced the number of lawsuits so it is ironic that this proposal will increase the number of lawsuits.
• Those practitioners who do wrong and do not follow the rules will continue to break the rules and adding more rules will not clean up that bad behavior by the few who disregard the current codes of good conduct.  If you want to require insurance, do so – but requiring disclosure will not solve any problem.
• Requiring disclosure of professional liability insurance is a disincentive for lawyers to do pro bono work. Clients will not benefit from such a requirement and small firms will be especially targeted.
• This proposed requirement would disproportionately impact minority attorneys as most minority lawyers in Texas practice in small firms or solo practices.
• In Court appointments, the lawyer often meets the client after the appointment is made — the practicalities of implementing disclosure make it impossible.
• There is a danger that this will become an issue of competence not an issue of insurability. 
• Consumers are smart and know what they want and what they need. The relationship between an attorney and a client is sacrosanct and forcing the disclosure of whether or not an attorney has insurance on the front end of that relationship plants a seed of doubt.
• Attorneys take self-regulation seriously and our disciplinary system is real and effective. We do not need an insurance company to be part of that process.
• How ironic to purport to solve a non-existent problem while simultaneously contaminating the lifeblood of pro bono.
• Creates same problem of confusing the public that the Bar resolved several years ago when it eliminated the “not board certified” requirement from lawyer advertising.

(Visit www.texasbar.com/plidisclosure for more information and background on this issue as well as a calendar of upcoming hearings. A downloadable audio file of the San Antonio is posted on this page.)
 

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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 Supreme Court of Texas has requested that the State Bar of Texas Board of Directors make recommendations by Feb. 5, 2010, regarding whether Texas lawyers should be required to disclose whether they are covered by professional liability insurance (PLI).

During the remainder of 2009, the State Bar will publish information regarding both sides of this issue and collect input via public hearings and other avenues, including this blog.

For background on this issue and the consideration process, please visit www.texasbar.com/PLIdisclosure

To provide your thoughts regarding PLI disclosure, you may leave a comment below or email statebarpresident@texasbar.com

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The State Bar of Texas Lawyer Referral Information Service (LRIS) has launched a new online service to more efficiently connect lawyers and clients, 24 hours a day. The service is available via the LRIS website.

The State Bar LRIS covers areas of Texas not served by local referral services. These are generally non-metropolitan areas. Members of the public who use the service pay a $20 fee for an initial 30-minute consultation with an attorney. Attorneys pay an annual fee to be part of the LRIS plus a percentage of any fees generated.

Before the launch of this online service, referrals by the State Bar LRIS were done by phone and only during business hours, Monday through Friday. The online service is available anytime and allows the public to fill out an online form and instantly receive the name of an attorney who might handle their matter. The attorney also receives an email notification with the client's contact information. With the old system, attorneys received only a monthly report reflecting the previous month's activity.

LRIS director Denny Sheppard says her program has seen an uptick in the total number of referrals after less than two weeks of offering the online referral tool. LRIS continues to operate a toll free number where people can call and be matched with an attorney.

In November, State Bar LRIS plans to launch an online portal where LRIS attorneys can pay dues and referral fees.

For more on LRIS, visit www.texasbar.com/LRIS

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The State Bar’s Client-Attorney Assistance Program (CAAP) is celebrating its 10-year anniversary this month.

The program was launched on Sept. 27, 1999, to help mediate problems between attorneys and their clients in cases where a formal disciplinary proceeding is not warranted. CAAP has a staff of eight, most of whom are certified mediators. Most complaints involve a lack of communication by attorneys.

The program gets high marks from both sides. CAAP director Bennie Ramirez related that more than 90 percent of clients surveyed are happy with the results obtained by CAAP. “We also get a lot of letters from attorneys who say they’re glad their dues are helping to pay for a program which helps them resolve client disputes and avoid the grievance system,” Ramirez said.

CAAP plans just a small celebration in its office to mark the anniversary, and then it’s back to the phones. For the future, Ramirez predicts technology will help CAAP be more and more of a one-stop shop for clients who need help. “We’re always working to streamline things and help more people,” she said.

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The Freedom of Information Foundation of Texas and the State Bar teamed up to present the 2009 Texas Gavel Awards to nine Texas journalists on Friday during the FOIFT John Henry Faulk awards luncheon in Austin. The journalists were awarded for their efforts in helping to further the public's understanding of the legal system.

In addition, FOIFT honored Texas Sen. Rodney Ellis (D – Houston) and Texas Rep. Todd Hunter (R – Corpus Christi) for their work in getting a journalist shield law — the Free Flow of Information Act — passed in the last legislative session. Hunter and Ellis, shown with attorney and FOIFT member Paul Watler, were presented the James Madison Award, the FOIFT's highest award.

FOIFT and SBOT presented 2009 Texas Gavel Awards to the following journalists:

• Chris Vogel, Houston Press, "Crime Doesn't Pay (Back)"

• Dawn Tongish and Barry Blonstein, KDAF-TV Dallas, "DNA, Set Me Free"

• Brian New (third from left), Michael Humphries, and Larry Burns, KENS-TV San Antonio, "Stranded at the Pump"

• Elliott Blackburn (second from left), Lubbock Avalanche-Journal, "Hope Deferred," and 

• Steve McGonigle and Jennifer Emily, The Dallas Morning News, "Mistaken Identities."

Ellis, the luncheon's keynote speaker, praised the media for acting as a government watchdog. The Texas senator talked about the importance of newspapers, especially in these tough economic times ("I get them on Kindle, but I like to have something in my hands too.") and encouraged veteran journalists to mentor aspiring reporters.

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Just eight days after State Bar President Roland Johnson launched AfterTheBarExam.com on August 1, one recent law grad completed the program. He'll receive a certificate of completion and can also claim CLE credit for certain courses once he's licensed.

After The Bar Exam features free resources and webcasts intended address concerns of those about to face the challenges and opportunities of a life in the law.

We've invited the gung-ho grad to appear on this blog and will reveal his name and future plans if he agrees (there's no pressure).

If you have questions or comments about After The Bar Exam, please email us at after@texasbar.com

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The State Bar is seeking nominations for the 2009-2010 class of LeadershipSBOT, which is designed to prepare lawyers for leadership positions in the legal community. Click here for a nomination form (PDF), which must be submitted by July 1, 2009.

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TexasBarCLE, the State Bar's professional development program, is lucky to have hundreds of volunteer speakers and authors who help back up its slogan, "Education by the Bar, for the Bar." Staff members of TexasBarCLE recently honored four volunteers who they felt made outstanding contributions during 2008. J. Cary Barton of San Antonio, Chad Baruch of Plano, Rhonda H. Brink of Austin, and David A. Weatherbie of Dallas each received 2008 Standing Ovation Awards in the form of handsome blue obelisks engraved with their names (pictured).

"All of our volunteers deserve our gratitude for contributing to the continuing education of their peers," said Pat Nester, director of TexasBarCLE. "Nevertheless, some stand out each year for extraordinary dedication and commitment. The staff looks forward to singling out individuals that not only gave enormously to our efforts, but also were gracious, easy to work with, and -- oftentimes -- helped us out in a real pinch."

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We've quietly launched a major update to our free online legal research tool.

Texas lawyers now have access to free caselaw from all 50 states, an improved search interface, and expanded federal libraries. The new service is dubbed Casemaker 2.1 and is available on My Bar Page (TexasBar.com) and on TexasBarCLE.com. 

You'll find lots of cool new features, including options to email a case or save it as a PDF or Word document with "live link citations" to other cited cases.

Please let us know what you think about Casemaker 2.1. Leave a comment below, or email webmaster@texasbar.com.

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Among the treasures in Google's ambitious digital book repository are the 1882 Proceedings of the Texas Bar Association. That year, hundreds of Texas lawyers convened in Galveston to establish the volunteer organization that would serve as the precursor to the State Bar of Texas.

Also available through Google Book Search are the 1919 Proceedings of the Texas Bar Association and a 1907 Monograph on Legal Ethics by Houston lawyer John Charles Harris.

The Texas Legislature created the unified State Bar of Texas in 1939, one year after the Texas Bar Journal started publication. Now, thanks to a partnership with William S. Hein & Co., a complete, searchable archive of the magazine is available here. 

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Submissions for the 2009 Texas Bar Journal Short Story Fiction Writing Contest were supposed to be postmarked no later than than March 1, 2009. Apparently, the crack team of editors at the magazine failed to notice that March 1 is a Sunday, so you can have an extra day. That gives you a full weekend to search frantically for that long-lost manuscript or start writing a new tale. Postmark your entry by Monday, March 2, and your story may appear in the June 2009 issue of the Texas Bar Journal. Click here for the entry form.

Still not inspired? Read the winning entries from 2008 or listen to audio versions of those stories. Then, slam a couple of cappuccinos and start typing!

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