February 2005
   
IN THIS ISSUE
 
  • TOP STORY:
    TYLA Elections
  • FEATURE TYLA PROJECT:
    American Juror
  • TIPS FOR YOUNG LAWYERS
    Mapping Your Case for Trial
  • ARTICLE OF INTEREST:
    Employment Protections for the Citizen Soldier

    TAKE NOTE

    Legislative Update
    New Supreme Court Rule Effective March 1
    New State Bar Executive Director

    MORE NEWS & EVENTS

  •  
    CALENDAR
     


    Feb. 9-12 - Wed. - Sat.
    ABA-YLD Midyear Meeting (Salt Lake City, Utah)

    Feb. 10 - Thursday
    Greater Denton County YLA
    Happy Hour Kck-Off for the Guardian Ad Litem Toy Collection Project. Bring a Toy! (5:30-7:30 pm at the Loophole on the Square - Denton)

    Feb. 18 - Friday
    TYLA Officers for FY 05-06 Announced (excluding President-elect)

    Feb. 21 - Monday
    SBOT Holiday - Offices Closed

    Feb. 28 - Monday
    Deadline for ABA-YLD Member Service and Public Service Subgrant Applications

    Feb. 28 - Monday
    Deadline for Grant Applications to SBOT Corporate Counsel Section (for legal services providers to broaden pro bono opportunities of in0house counsel) - for further info contact Pat Allison

    Mar. 1 - Tuesday
    Deadline: Nomination Petitions for TYLA Director candidates

    Mar. 1 - Tuesday
    TYLA President-elect candidates begin outside campaigning

    Mar. 1 - Tuesday
    Deadline: ABA Legal Opportunity Sholarship Fund applications (for minority applicants in first year of law school in 2005)

    Mar. 2- Wednesday
    Deadline for Pro Bono Award Nominations - contact Texas Lawyers Care for more information

    Mar. 10 - 11 - Thur. & Fri.
    State Bar College Spring Training 2005 featuring TexasBarCLE's Star Speakers (Rennaissance Worthington Fort Worth)
    For info call 800-204-2222 x1574

    Mar. 11 -12 - Fri. & Sat.
    Hispanic National Bar Association
    International Technology Conf. & 10th Annual National Moot Court Competition (Adolphus Hotel - Dallas)

    Mar. 15 - Tuesday
    Deadline: TYLA Minority At Large Director Nominations

     

    QUICKLINKS
     
  • TYLA Web site
  • TYLA Committee Info
  • CareerCenter
  • Contact TYLA
  • State Bar of Texas
  • TexasBar CLE
  • MyTexasBar.com

  • Top Story

    TYLA Elections:
    Officer Candidates and Other Election News

    TYLA officer candidates for the 2005-2006 bar year were announced January 29, 2005, at TYLA's recent board meeting in Fort Worth, Texas.

    President-elect candidates are Karin Crump (Austin) and Greg Jackson (Fort Worth). Under TYLA bylaws, this year's president-elect candidates were required to be from one of the five large city areas--i.e. Austin, Dallas, Fort Worth, Houston, or San Antonio. President-elect candidates are elected from the general membership of TYLA. They may begin outside campaigning on March 1, 2005, and will be featured in the March issue of the eNews.

    Except for President-elect and officers automatically ascending in position, TYLA officers are elected by the sitting board of directors. Officer candidates for FY '05-'06 are:

    • Chair-elect: Doug D'Arche (Houston) and Gindi Eckel (Houston)
    • Vice President: Cori Harbour (El Paso) and Mary Reveles (Richmond)
    • Secretary: Lisa Richardson (Austin) and Bob Stokes (Webster)
    • Treasurer: Tal Hammock (Texas City) and Clay Scheitzach (Corpus Christi)


    TYLA Board Members at Beach Cleanup with CCYLA Members During November 2004 Board Meeting in Corpus Christi

    Nominations Being Accepted
    TYLA is currently accepting nominations for TYLA Director from several TYLA districts. Nominating petitions are due March 1, 2005.
    Petitions require signatures from 5% or 100 members, whichever is less, whose principal place of business is in the district. Directors are elected from the general membership in the district. Position & Signature Chart / Nominating Petition Form

    TYLA is also accepting nominations for two Minority-At-Large Directors. One position is open for a person representing a large city and one position is open for a person representing a small city--i.e. a city other than Austin, Dallas, Fort Worth, Houston, or San Antonio. Nominations are due March 15, 2005.

    Motivated by statistics showing as few as 20 percent of prospective jurors answer summonses, TYLA's Community Education Committee developed a public information campaign to combat rising citizen apathy that currently threatens a cornerstone of American justice, the right to trial by jury. American Juror: The Decision is Yours is an informative and entertaining video and corresponding website designed to (1) educate the public about the importance of jury service and the significance of a jury’s role in the judicial system; (2) improve the public’s attitude about jury service; and (3) energize citizen participation in the jury process.

    The committee's first effort to reinvigorate citizen participation in the system occurred on January 10, 2005. Travis County residents gathered for jury service were treated to the TYLA-produced video, which attacks some of the myths surrounding jury duty. Narrated by Texas Supreme Court Justice Dale Wainwright, the production is a fast-paced series of interviews interspersed with some of the most famous television and movie renditions of juries in action. (Cont.)

    Article of Interest
    Employment Protections for the Citizen Soldier
    By Dan Hargrove

    Dan Hargrove

    In southern Iraq on April 4, 2003, during the first days of combat, a Marine Corps lawyer found himself in tight spot. As reported in the Washington Post, Lt.Col. John Ewers, a graduate of The Georgetown University Law Center, was headed out on an unusual mission: looking for the father of an injured Iraqi boy flown out on a helicopter for emergency treatment the prior day. The last thing the 19-year veteran was expecting was a firefight. Suddenly, rocket-propelled grenades and small arms exploded around the Marines’ two HUMVEE vehicles. Ewers dodged the initial volley of gunfire, took three right turns and a left, and tried to avoid further attacks. He felt a burning sensation in one arm and numbness in the other, but he especially felt pain in his left foot. Ewers had been shot three times. Most judge advocate (JAG) officers will never see combat. But Ewers’ story reveals the dangers that many lawyers face when serving in the military. (Cont.)

    Tips for Young Lawyers
    Mapping Your Case for Trial – Even if it Never Gets There
    By
    Aimee Minick -

    Aimee Minick

    You just received Smith’s Original Petition. Smith has sued your client for a variety of claims based on a contract deal that soured. Before you ever sign that general denial, map out your case. Mapping the case from the very beginning helps you determine the best strategy for discovery, motions, and trial.

    What is Case Mapping?
    Case Mapping allows you to fully understand the nuances of your case. If you are representing a plaintiff, list every cause of action you think your client might have. If you represent a defendant, list out each cause of action alleged in the plaintiff’s petition. Next, do a little legal research to determine the elements of each cause of action, all the affirmative defenses available, and the damages available. It might look something like this: (Cont.)


    TAKE NOTE

    LEGISLATIVE UPDATE

    By Cade Browning -  

    The 79th Texas Legislature is now in session. Several bills have been filed that will interest young lawyers, and this article summarizes three such bills related to civil litigation: House Bill 15 (HB 15), House Bill 125 (HB 125) and House Bill 107 (HB 107).

    Currently two bills are proposed relating to liability for injuries sustained in a motor vehicle accident. Representative Corte has filed HB 15 to be codified in Chapter 92 of the Texas Civil Practice and Remedies Code, which is currently reserved for expansion. (Cont.)


    NEW SUPREME COURT RULE EFFECTIVE MARCH 1, 2005
    The Texas Supreme Court amended Texas Disciplinary Rule of Conduct 1.04 (governing referral fee practices) to reflect changes approved by bar members in Referendum 2004.

    JOHN EDWARDS NAMED NEW
    STATE BAR of TEXAS EXECUTIVE DIRECTOR

    The State Bar's board of directors selected John Edwards as the new executive director for the State Bar of Texas. He has served as a senior officer or CEO of several corporations and trade associations, primarily in the utility and electric industry. His vast executive experience includes leading organizations through change and financial crisis.

    Edwards, a native Texan currently living in Maine, will relocate to Austin to head the State Bar offices. The position has remained unfilled since the June departure of Antonio Alvarado, who had held the post for eight years. Michelle Hunter, the State Bar's chief of staff, has been serving as the interim executive dirtector.