Friday, October 26, 2018

Top 10 from Texas Bar Today: Safety, Skill, and Speaking

Originally published by Joanna Herzik.

To highlight some of the posts that stand out from the crowd, the editors of Texas Bar Today have created a list from the week’s blog posts of the top ten based on subject matter, writing style, headline, and imagery. We hope you enjoy this installment.

10. National Pro Bono Week – Librarians at the Harris County Law Libary @HCLawLibrary in Houston

9. Quantum of evidenceDavid Coale @600camp of Lynn Pinker Cox & Hurst, LLP in Dallas

8. Texas Oil and Gas Businessman Settles $80M Fraud Case Involving Breitling Energy Shares @SSEKLaw in Houston

7. Devon v. Apache – Royalty and the Non-Consenting Co-Tenant – John McFarland of Graves Dougherty Hearon & Moody @GravesDougherty in Austin

6. Federal Courts Sketch Roadmap for Chapter 542A RemovalsEric S. Peabody of Hanna & Plaut, L.L.P. in Austin

5. The Lawyerly Skill of Asking for Help – Nancy Luebbert of the Law School Academic Support Blog

4. Are Cell Phones on Ships a Safety Hazard?Scott C. Krist of the Krist Law Firm in Houston

3. Amazon Files New Patent to Detect Emotions – Peggy Keene of Klemchuk LLP @K_LLP in Dallas

2. Court System Accessibility Best Practices ChecklistWilliam Goren of William D. Goren, J.D., LL.M., LLC

1. How to Find the Right Speaking Engagements for Your Firm – Elizabeth Flake of Stacey E. Burke P.C. @StaceyEBurke in Houston

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Pro Bono Spotlight Day 5: Jacqueline B. Williams

Originally published by Adam Faderewski.

The State Bar of Texas, the Texas Access to Justice Commission, the American Bar Association, and others proudly support National Pro Bono Celebration Week (October 21-27). Pro Bono week is an opportunity to educate the public about the good work the legal community does to improve the lives of vulnerable Texans and to encourage more individuals to get involved in pro bono support of the legal system. During the week we will feature stories of pro bono volunteers.

Jacqueline B. Williams is the owner and lead attorney at J.B. Williams in Allen. She practices in the areas of family law, juvenile justice, personal injury, and contract law.

What kind of pro bono work do you do and how long have you been doing it?
I’ve been taking pro bono cases through Legal Aid of NorthWest Texas since 2000. Prior to that, I volunteered only at clinics in Dallas. I’ve tried to continue attending clinics to help out since that time and to try to attend one clinic each month. I’ve generally handled family law matters, everything from divorces and custody modifications to child support and wills. Over the years I have felt more confident in handling matters involving family violence.

What have you learned from doing pro bono?
There are always people who need assistance but cannot afford an attorney to assist them. Sometimes their matters are fairly simple (at least for attorneys) and other times they are extremely complicated. But I feel that every matter I have handled has allowed the client to be fairly represented and has provided him or her with the security that someone was on his or her side. I’ve met people at their worst time, and for those through Legal Aid, at their worst financial time as well. Nearly every client I’ve spoken with at the clinics has been extremely happy and courteous. And I’ve sometimes heard back from some of the them as they have moved forward in life and things have improved for them—little cards or emails telling me that they are so happy to be past that point and to thank me for my time. It’s a wonderful feeling giving back to individuals and their families.

What is your favorite pro bono story?
My favorite was a case where the client went to a clinic for assistance only after her mother insisted. I could tell at the initial meeting when I agreed to handle the matter that she was considering returning to the marriage situation. I was able to express my concern after listening to a lot of details, spending more time than with most clients for the initial interview. When the client left, she was willing to move forward and file for the divorce. While the case was pending there were several incidents, and the client would call me panicked and ready to back down but always ended the calls feeling better and wanting to move forward. The family had tried for years to get her to walk away but the lack of finances and fears had held her hostage. She sent me a beautiful card after and thanked me for providing her the support and strength she needed. I had that card tacked on my board for years to remind me that sometimes they just need to know that someone they’ve never met believes in them and is willing to help them get free.

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The Lawyerly Skill of Asking for Help

Originally published by Academic Support.

With apologies to T.S. Eliot, April is not the cruellest month — October is, at least for first-year law students. The first heady glow and excitement of arriving at law school has faded. Many students experience the shock of no…

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Rabbit Trails and Exam Writing – A Concrete Tip to Improve Exam Analysis

Originally published by Academic Support.

My dog loves rabbit trails. Luckily for the rabbits, at least thus far, the trails have never led to rabbits. That got me thinking about exam writing and rabbit trails. But first, a bit of background… I find that most…

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Thursday, October 25, 2018

Pro Bono Spotlight Day 4: Pilar Martinez

Originally published by Adam Faderewski.

The State Bar of Texas, the Texas Access to Justice Commission, the American Bar Association, and others proudly support National Pro Bono Celebration Week (October 21-27). Pro Bono week is an opportunity to educate the public about the good work the legal community does to improve the lives of vulnerable Texans and to encourage more individuals to get involved in pro bono support of the legal system. During the week we will feature stories of pro bono volunteers.

Pilar Martinez is from Seattle and is a 3L at St. Mary’s University School of Law. She is active in St. Mary’s pro bono program, acting as the student site coordinator for the monthly veterans legal advice clinic and the Community Justice Program. Martinez is also president of the Immigration Law Association and the vice president of the Public Interest Law Foundation. She serves on the editorial board of The Scholar. Martinez plans to practice immigration law at a nonprofit after graduation.

What kind of pro bono do you do and how long have you been doing it?
I got my first glimpse of pro bono in undergrad. I helped organize citizenship workshops for low-income immigrants. That work sparked my interest in law and specifically immigration law. I love doing pro bono work with immigrants and veterans. Recently, I think both groups have come under attack and are in need of assistance. Money should not inhibit these individuals from seeking counsel. I have been doing this work since 1L and hope to make a career of it upon graduation.

Why is pro bono important to you?
Growing up in a family of six, my parents worked hard to provide my brothers and me with life’s necessities. My passion for helping underrepresented indigent individuals stems from my upbringing and the legal struggles my family went through. When my family should have sought legal advice, we struggled in silence as we could not afford an attorney. I want to educate people on the resources available to them. Also, pro bono is important because the legal system is confusing. A lot of people who cannot afford an attorney attempt to take on the system by themselves, which may have damaging consequences for their cases. So in addition to being confusing, legal matters are expensive. I feel everyone deserves justice and not just those who can afford representation.

What have you learned from doing pro bono?
I have learned the need for pro bono is far greater than I thought. Legal aid resources are limited, and many requests for legal assistance go unanswered. There is a justice gap in our society and we, as law students and attorneys, need to help bridge that gap. I have also learned that the human spirit is strong. I have heard some horrible stories from clients struggling with their legal issues. These stories and the strength of these clients motivate me to keep fighting!

What would you say to a fellow student who is thinking about doing pro bono for the first time?
Pro bono is rewarding! You will learn so much, meet some amazing clients, and help these clients work through a stressful time in their lives. If you do not help these individuals, they may not get help anyplace else. As a human, if you have the ability to help someone, why would you not? And as an attorney, you are privileged and have a unique set of skills. You have a responsibility to use those skills to ensure everyone has access to justice.

Share one of your favorite pro bono success stories.
My first client fled his home country in West Africa after being targeted, jailed, and tortured on account of his race, nationality, and political opinion. I represented him in immigration court and he was awarded asylum. He thanked us profusely while tears streamed down his face. My own eyes teared up, and I struggled to maintain composure. After one year as an asylee, he can apply for adjustment of status. I hope to help him through that process as well.

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Court System Accessibility Best Practices Checklist

Originally published by William Goren.

As readers of this blog know, I don’t usually blog more than once a week. However, I had a moment and a real cool idea already in the can so to speak, so here goes. At least once a month, I get a call from someone around the country talking about how the court system […]

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Not an illusion

Originally published by David Coale.

The appellant in CBRE, Inc. v. Turner sought to avoid arbitration based on a long line of Texas authority about “illusory” arbitration clauses, see, e.g., In re: Halliburton Co., 80 S.W.3d 566 (Tex. 2002). This clause, however, “unlike the employment agreements in other cases . . . did not give CBRE the right to modify the employment agreement unilaterally or the right to terminate the arbitration policy without terminating the employment agreement,” and thus was not illusory. No. 05-18-00404-CV (Oct. 22, 2018).

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