Corporate Counsel Women of Color Roundtable Be the Change You Want to See: Perspectives of Women Leaders in the Law VAWA: Empowering Immigrant Women With A Path From Domestic Violence to Citizenship Innovative Community Leaders: Celebrating Local Women Attorneys and Their Impact as Changemakers Tributes To Professionalism
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THE HOUSTON
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Volume 59 – Number 4
Women in the Law
January/February 2022
Our graduates are ready. Ready to fight injustice. Ready to defend the voiceless. Ready to practice law. With an advocacy program consistently recognized as the nation’s best, South Texas College of Law Houston produces exceptional attorneys who advocate for clients like champions. STCL Houston prepares students from diverse backgrounds to become successful, practice-ready attorneys in business, real estate, tax law, family law, criminal law and more. More than 8,000 South Texas alumni proudly serve in Greater Houston, with many more leading across the country and around the globe.
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contents January/February 2022
Volume 59 Number 4
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14
FEATURES Counsel Women 10 Corporate of Color Roundtable Compiled by Anietie Akpan
Change You Want to 14 BeSee:thePerspectives of Women Leaders in the Law
Compiled by Nikki Morris and Andrew Pearce
18
22
Empowering Immigrant 18 VAWA: Women With A Path From Domestic Violence to Citizenship By Juliana Serrano
Deeper: Uncovering and 22 Digging Combating the Root Causes of the Lack of Advancement for Women and Diverse Attorneys in Law Firms By Karen M. Richardson
the Vulnerable: 26 Protecting Transwomen of Color and the Legal System
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30
By The Hon. Fran Watson
Community 30 Innovative Leaders: Celebrating Local Women Attorneys and Their Impact as Changemakers Compiled by Jennifer R. Jenkins and Jennifer Smith
36 Tributes To Professionalism Women Within the 45 Outstanding HBA: Harris County District
The Houston Lawyer
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45
Attorney Kim Ogg By Maggie Martin
The Houston Lawyer (ISSN 0439-660X, U.S.P.S 008-175) is published bimonthly by The Houston Bar Association, 1111 Bagby Street, FLB 200, Houston, TX 77002. Periodical postage paid at Houston, Texas. Subscription rate: $12 for members. $25.00 non-members. POSTMASTER: Send address changes to: The Houston Lawyer, 1111 Bagby Street, FLB 200, Houston, TX 77002. Telephone: 713-759-1133. All editorial inquiries should be addressed to The Houston Lawyer at the above address. All advertising inquiries should be addressed to: QuantumSUR, 10306 Olympia Dr., Houston, TX 77042, 281-955-2449 ext 100, www.thehoustonlawyer.com, e-mail: leo@quantumsur.com. Views expressed in The Houston Lawyer are those of the authors and do not necessarily reflect the views of the editors or the Houston Bar Association. Publishing of an advertisement does not imply endorsement of any product or service offered. ©The Houston Bar Association/QuantumSUR, Inc., 2022. All rights reserved.
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contents January/February 2022
Volume 59 Number 4
departments
6
38
Message 6 President’s Celebrating the Trailblazing
Women in Law
By Jennifer A. Hasley
the Editor 8 From Women and the Law:
Recognizing Milestones and Challenges That Remain By Anietie Akpan
SPOTLIGHT 38 VETERAN • Chauntelle R. Wood
40
By Kylie Loya
41
• Mirtala “Taly” Garza Oliveros By Braden Riley
Spotlight 40 Committee Gender Fairness Committee: Closing
the Physical—and Disparity—Gap By Catherine North Hounfodji
Profile in professionalism 41 AAmanda McMillian
President and CEO, United Way of Greater Houston
in Professionalism: 42 Profiles Women in the Law
42
44
• The Hon. Sherry Radack • The Hon. Kem Thompson Frost the Family 44 Law• TheinChristopher Family THE RECORD 46 OFF Making the World a Better Place,
One Girl Scout at a Time By Anna Archer
Spotlight 47 Section Post-Pandemic Revival of the
HBA Securities Litigation and Arbitration Section
By Erin Friel Elmore and Scott D. Smith
46
47
trends 48 legal Hewitt v. Helix Energy Solutions
Group: An Essay on Textualism By Don Foty
reviews 50 Media Always a Bridesmaid, Never The Houston Lawyer
a Bride: Shortlisted: Women in the Shadows of the Supreme Court Reviewed by Juliana Serrano
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president’s message By Jennifer A. Hasley Hasley Scarano, L.L.P.
The Houston Lawyer
I
Celebrating the Trailblazing Women in Law
n anticipation of this issue celebrating women in the legal profession, I spent several weeks reflecting on the people who have had a significant impact in my life. The list grew quickly with the names of family members, lifelong friends, teachers, past employers, political figures, scholars, musicians and other who inspired me through their words, commitments, failures, and successes. While my list includes a wide variety of individuals, I want to highlight several women with whom I have a personal connection and who I believe are important examples and mentors to those in the legal profession. I start close to home with my most significant woman mentor, my mother, Ina Scarano. My mother taught Lynne Liberato HBA President, 1993-1994 me to be strong in conviction, independent, and confident. Her nurturing nature guided her to pursue an education (BSN, MSN and PhD) and a career in nursing. She showered me with unconditional love and is equally supportive of her grandchildren. My mom encouraged me to pursue a career in law, attended many of my Denise Scofield early trials, and proudly boasts about HBA President, 2011-2012 my current role as HBA President. The only time she ever tempered her praise of me was in one of her post-trial commentaries. We had an unusual trial with then-U.S. Attorney Michael Shelby testifying as a favorable fact witness. Afterwards, my mother said: “Honey, you were good, but HE was exceptional!” I had to agree. I want to specifically point out three judges who have been outstanding mentors to many in our profession, including me. Judge Edith H. Jones, Judge Jennifer Walker Elrod, and Chief Justice Kem Thompson Frost (Ret.) are three amazing individuals with incredible personal and professional stories. I have been fortunate to interact with these esteemed jurists with some regularity, but they are likely unaware of their influence over me even though I stand star-struck in their presence. Each of these women have a long list of peo-
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ple in our profession who consider them mentors and positive role models. None of them would want to be mentioned by name, but they deserve the recognition and respect for their intellect, professionalism, and the example they set. Serving as HBA President, I have been able to interact with many of our members through committee service, sections, and other events. It is gratifying to see not only a ready acceptance of a woman in this role, but also the large number of active women in the HBA. This expansion of women in our organization is due in large part to the four women who have served as presidents of the Houston Bar Association before me: Lynne Liberato, Amy Dunn Taylor, Amy Dunn Taylor Denise Scofield, and Laura Gibson. HBA President, 2000-2001 Each of these women are accomplished lawyers, tremendous leaders, and committed to helping others succeed. Their support and advice leading up to, and during, this bar year will be forever appreciated. These women are true trailblazers. Finally, I want to point out that women are leading the way in our Laura Gibson HBA President, 2015-2016 Harris County criminal justice system. In 2009, my friend Judge Patricia Lykos became the first female top prosecutor in Harris County. She paved the way for others, including our current District Attorney, Kim Ogg. Both of these well-known champions for justice are HBA members, have extended words of encouragement to me, and are great role models for all women. I applaud all of the women who are featured in this special issue. Although the magazine is constrained by word counts and page limits, the celebration of women in the legal profession occurs every day whether we are standing together, watching in awe, or walking in their footsteps. Top Photo
HBA President Jennifer A. Hasley with her mother, Ina Scarano, July 2021
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January/February 2022
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from the editor By Anietie Akpan METRO
Associate Editors
Anna M. Archer U.S. District Court
Brooksie Bonvillain Boutet Shipley Snell Montgomery
Kimberly Chojnacki Baker Donelson
Elizabeth Furlow Baker Botts
The Houston Lawyer
Carly Milner Foglar Brar O’Neil Gray
Andrew Pearce BoyarMiller
Women and the Law:
Recognizing Milestones and Challenges That Remain
F
or most of American history, women were considered unfit for law, and the law unfit for women. Until early in the 20th century, judges, legislators, and legal educators largely agreed that “the peculiar qualities of womanhood, its gentle graces, its purity, its delicacy... and its emotional impulses” did not make well for a legal mind.1 This was certainly the paradigm of conventional thinking about women back in “those days.” But despite the increase of women in prominent legal positions, we are not too far removed from the antiquated and sexist ideology of our legal forefathers. Moreover, workplace challenges brought on by these gender biases are amplified for a woman with melanin; a woman with an accent; a woman who identifies as queer; a woman with a “foreign” name; a woman of trans experience; a woman who is a single mother; or a woman who is differently abled. How does one navigate these compounded biases in a profession whose male-centricity is so all-pervasive—even today—that it permeates the very language used to address women (see powerful dissenting opinion of Florida appeals judge who was misgendered twice in court)2 and how women are perceived by others (how many men are mistaken for court reporters or paralegals?). But it’s not only the experience of women in the law we should pay attention to, but how the law has shaped women’s experiences. Since the founding of the United States, women’s rights have been argued against, politicized, and invalidated. Even in the 21st century, women’s rights seem to be regressing, and it’s increasingly frustrating to see. On one hand, there has seemingly been a heightened appreciation of this issue. But we must remember that despite the marches and hashtag movements, there are still many women who are living in the shadows—there are undocumented immigrant women living in the shadows of #MeToo, whose stories of being more vulnerable to gender-based crimes are often absent from public discussion; there are rural and inner city teenage girls living in the shadows of reproductive health care inequities; there are young Black women law students living in the shadows of Westernized workplace corporate expectations who are burdened with worrying, “Can I wear my hair this way? Will it offend someone?” Though this issue does not address all these matters, we hope the articles we have curated provides our readership with an appreciation of the many obstacles women in the law still face, while also celebrating how far we have come. The Honorable Fran Watson provides an insightful fea-
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ture on the challenges transwomen of color face in navigating both the legal system and interacting with law enforcement. Juliana Serrano writes an excellent primer about the legal mechanics of the Violence Against Women Act, a landmark piece of legislation that seeks to improve legal and community-based responses to domestic violence, dating violence, and sexual assault in the U.S. Karen M. Richardson summarizes national data of the advancement of women and diverse attorneys in law firms. Bringing the discussion from the national to local platform, Andrew Pearce and Nikki Morris interview Houston women managing partners who provide candid perspectives on their respective professional journeys. We also spotlight six inspiring women attorneys of color who discuss how practicing in-house has provided more rewarding professional experiences and offer their insight on why visibility for women of color in the corporate counsel space is paramount. Finally, in continuing our Veteran Spotlight Series, we are proud to feature Chauntelle R. Wood (Baker Botts L.L.P.) and Mirtala “Taly” Garza Oliveros (Scott | Patton PC). This issue would not have come together without the leadership of its guest editors—Jennifer R. Jenkins, Jennifer Smith, and Ruby Powers. Thank you all for your hard work, creativity, and dedication! As gatekeepers of our nation’s justice system, lawyers should be leading the promotion of equality. This not only requires that women’s legal issues remain at the forefront of civil and social justice reform, but also requires a legal profession that adequately represents the community it serves. Though we have made incredible strides, we remain a considerable distance from that goal. The success of many women in our profession is rooted in our respective proverbial villages who have made great sacrifices for each of us. It is our responsibility to build on those sacrifices to further carve out the path for the generation of women attorneys coming behind us. Please continue to stay safe, remember to choose kindness, and as always, thank you for reading The Houston Lawyer. Endnotes
1. In re Goodell, 39 Wis. 232, 244–45 (1875). 2. In a dissenting opinion in a parental rights case, Florida appellate judge, the Honorable Martha C. Warner, called out an attorney for misgendering her twice in a court filing. While that might seem like a minor error to some, Judge Warner reasoned that it “reveal[ed] the tenacious grip that the male image has in the legal profession[.]” J.S. v. Dep’t of Children and Families, 316 So. 3d (Fla. 4th DCA 2022).
BOARD OF DIRECTORS President
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First Vice President
Past President
Jennifer A. Hasley
Greg Moore
Chris Popov
Diana Gomez
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David Harrell
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Compiled by Anietie Akpan
Corporate Counsel Women of Color Roundtable
T
he murders of George Floyd, Breonna Taylor and Ahmaud Arbery in 2020 catalyzed a national reckoning with race. Black Lives Matter protests were mobilized in hundreds of cities around the world, communities organized anti-racism town halls, and corporate statements about diversity and inclusion practices filled the news. Another huge part of this reckoning included examining the overdue institutional changes regarding equity and inclusion within the legal profession. The experiences of attorneys who are women of color, in particular, are oft forgotten. There have been numerous studies on women attorneys, highlighting the challenges of partnership tracks and attrition rates, but when race is added to gender, the challenges become more formidable. Women of color experience a lack of mentorship, not getting credit for their ideas, the scarcity of inclusion in business opportunities, as well as navigating a myriad of tired tropes and stereotypes. However, many women of color have found fulfilling professional opportunities by transitioning into in-house legal work. The Houston Lawyer spoke with six corporate counsel women of color who graciously shared their rewarding experiences working in-house, ranging from more equitable access to leadership roles, to involvement with business decision makers. The full transcript of their responses can be found on The Houston Lawyer page at hba.org. 10 January/February 2022
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Panelists
Nancy M. Molina
Lone Star College, Associate General Counsel & Deputy Chief Operating Officer Years Practicing In-House: 6
April Greenhouse
Metropolitan Transit Authority of Harris County, TX, Deputy General Counsel Years Practicing In-House: 14
Janeen L. Baynes-Feinberg
HP, Inc., Senior Employment Counsel Years Practicing In-House: 4
Stephany Lin-Abney
CenterPoint Energy, Associate General Counsel, Compensation and Benefits Years Practicing In-House: 11
Grace Ho
Chevron, Senior Counsel, Employment Law Years Practicing In-House: 2.5
Lavonne Burke
Dell Technologies, Inc., Senior Managing Legal Director, Security & Resiliency and IT Years Practicing In-House: 4
Women of color are increasingly leaving law firms for in-house positions. What attracted you to working in-house? JBF: When I joined my first law firm, my goal was to be elevated to partner. After gaining familiarity with the inner workings of a law firm, I quickly learned that networking and identifying a champion were equally important to hard work. I have watched fellow (white male) associates cash in on prior connections that were simply non-existent in my life; many of those associates had partners who championed for them, making them beneficiaries of the partners’ respective succession plans. I had mentors, but no champions. And although it was made clear to me that I was being groomed to be a partner, calculating the time it would take to eat what I kill, raise my daughter, and reserve any semblance of a personal life was too much of a sacrifice to me and to my family. Moving in-house allowed me to oversee litigation and provide more of the advice and counsel I enjoyed. SLA: Moving in-house has afforded me the opportunity to work more closely with my clients and to become more knowledgeable of the business and day-to-day operations. It has also allowed me to see projects through from beginning to end, as opposed to just advising on discrete issues. During my time in-house, I have had more exposure to business matters and have had more opportunities to develop my business acumen. From a work-balance perspective, working in-house has generally been more predictable and stable, making it easier to balance my professional and personal life. GH: It was the right role at the right time. I
wasn’t actively looking for a change when I learned about the position I hold now. But when I read the job description, it was—as my husband noted when I shared it with him—basically what I would write if someone asked me to create my ideal job at that time. The more I learned about the position, Chevron’s law function, its employment law group, and the company’s workplace culture, the more I thought it would be worth trying for. Two-and-a-half years in, I’m really glad I decided to leave the comfort of the known and take a chance on something new. By the time I made the move, I had practiced in global law firms for more than ten years and figured out what I find rewarding about lawyering, how I like to work, and what I generally aim to do professionally and personally in the next five, ten, and twenty years. I think this self-awareness allowed me to evaluate opportunities realistically and in keeping with my values and goals. LB: I wanted an environment where politics and billable hours could be sidelined, and the quality of my work spoke for itself. Unfortunately, law firms historically have not provided the most supportive environments for women of color. While all in-house roles are not created equal, many companies have more mature diversity, equity and inclusion practices that produce more supportive working environments. NM: For me, moving in-house gave me the opportunity to focus on one client whose mission was near and dear to my heart. Specifically, as a community college graduate myself, I understood higher education’s life-altering effects. This position allows me to inform policies and decisions with my life experiences and unique perspective. As in-house counsel, the time, commitment, and understanding that comes with working within an organization is unmatched and provides you with ample room to be a true business partner. A status that, I believe, is needed to influence an organization’s strategy and vision. AG: I am grateful to have legal experience in both private and public sectors. As a law student, I interned with a civil district judge and the Harris County Attorney’s Office. After graduation, while awaiting my bar results, I worked at my uncle’s law practice in Louisiana and gained invaluable experience in a wide spectrum of legal practices. Upon my return to Houston, I worked as an independent contractor in the oil and gas industry until I was hired for an assistant city attorney position with the City of Houston. After three years with the City, I was offered an opportunity to work as in-house counsel with METRO. I’ve worked at small, medium, and large-sized, private law
firms and find working in the public sector as in-house counsel more rewarding as I’ve been afforded the opportunities to advise policy and business decision makers on a plethora of matters impacting public interests in various areas of the law. Walk us through a “day in your life” as an in-house attorney. JBF: Employment law is never boring or predictable. Primarily in a typical day, I respond to a myriad of requests from internal clients seeking counsel regarding varying employment actions, such as hiring, non competes, termination, performance plans, disciplinary action, investigations, accommodations, disputes etc. In between those requests, it’s possible I am revising employee-related policies and communications, developing employment law training, participating in MADO deals, furthering DEI efforts, and providing counsel in response to the ongoing pandemic. SLA: At any given time, there are several longer-term projects for which I am providing legal support, such as M&A activity, program change, or design activity. I advise daily on any other issues that may arise, such as employee-, compliance-, and administrative-related matters. GH: I support my clients in various matters concerning employment law, ranging from personnel matters to broader policies, and from pre-litigation or administrative claims to transactions. Another primary area I focus on is managing and conducting internal investigations. On any given day, my agenda, and even priorities, may change, depending on anything from individual actions to legal, regulatory, or geopolitical developments. I maintain order and a sense of direction by remaining flexible, keeping a sense of humor, and not losing sight of the big picture (or the moving parts!). LB: I currently lead a team of attorneys responsible for a wide spectrum of matters related to security, enterprise resiliency, global operations, and information technology. In this role, I am directly responsible for providing strategic legal support to Dell’s most senior security executives and their respective global organizations. Every day, I am greeted with new and exciting challenges; needless to say, I am never bored. My role encompasses everything from providing cybersecurity incident response support, to overseeing product security vulnerability notifications and remediations, to supporting strategic MA&D transactions, to partnering with Government Affairs to assess Dell’s compliance obligations for emerging security regulations, to name a few. NM: From dealing with a pipe bursting to nego-
tiating multi-million-dollar contracts, a day in my life as in-house counsel is dynamic, at times chaotic, but always rewarding. Indeed, I serve a dual role, which I have found is not atypical for in-house counsel. I not only serve as counsel, but I also operationally oversee human resources, compliance, investigations, a police department, risk management, and life and health safety. Between my two roles, my day can go from drafting an employment contract to overseeing a fire drill for our tenants. What I have learned is that as in-house counsel, your commitment to the client is beyond researching issues. It requires business sense and a deep understanding of how your client operates. My day-to-day reflects this reality. AG: In addition to delegating assignments and providing guidance to attorneys and staff on a daily basis, I counsel and advise clients on board governance, advise executive and senior legal teams on applicable procurement laws and rules that apply to various capital and operating projects, provide counsel on federal compliance with grant programs, and review and draft agreements for innovative projects. I’ve trained law clerks during summer internships (two eventually became invaluable legal counsel at METRO), manage outside counsel regarding contract disputes for major capital projects, and supervise staff with authority compliance of open records and records management programs by identifying gaps in processes, training employees, and updating the programs according to recently enacted legislation and attorney general opinions. I’ve recently taken on a project management role with respect to matter management software. Have you found professional growth opportunities or advancement to be more accessible working in-house versus other workspaces (i.e., law firms, etc.)? Why or why not? JBF: I have. Although, at my first firm, I was fortunate to work under two incredibly supportive, skilled women practitioners—one of whom was the head partner for the office. She was an amazing mentor. With that said, law firms still traditionally have one path for advancement—partnership. In-house has a wealth of pathways. As an in-house attorney, you are working directly for a company with a multitude of business functions, most of which require legal support. It also fosters an environment where you can work legal adjacent. As an employment lawyer, I can seek leadership positions in HR, compliance, training, and other employee-focused business functions. SLA: I have found growth opportunities to be more accessible in-house. During my time as an in-house attorney, I have had more oppor-
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tunities to engage in cross-practice projects, working closely with not just legal colleagues in other practice areas, but also non-legal colleagues in areas such as HR, finance, accounting, and operations. I have also had opportunities to cross over to other practice areas and have been given more responsibility earlier in my career as an in-house attorney, leading to more visibility with the executive team and board of directors. GH: I think professional growth and advancement opportunities in the in-house context are different in kind from those in law firms. Law firms are in the business of providing legal services, and the business case can determine what new roles and promotions will be available. By comparison, promotion and growth opportunities in corporate counsel roles need to fit within the structure of the legal department and the scope and scale of a corporation’s business. In a law department that is lean, for example, promotion opportunities can be relatively scarce—and more so if the group also has low attrition. That said, growth opportunities for corporate counsel can be broader in scope than what is typically available at a law firm because they can include opportunities to take on business roles outside of the legal department. LB: In my opinion, this varies greatly on your role and the organization. As a rising associate in a law firm, you advance every year in lockstep with your colleagues, so there is some predictability in your advancement until you’re ready to be considered for partnership. In contrast, in an in-house position, there is no predictable advancement schedule, and most positions require you to remain in a role for eighteen months or so before being considered for a promotion or a different position. That said, if you are a productive employee, you usually have the opportunity to remain in an in-house legal department for many years, either by advancing in your given role or rotating to an entirely new position, providing unique development opportunities. NM: I have. The reason, I think, is twofold. First, it is simply a function of time. No longer having to bill allows you to be more purposeful with commitments. Second, the dynamic nature of in-house roles requires wider knowledge and experience breadth because most organizations, in my opinion, see their legal counsel as the problem solver. Your responsibility level extends beyond traditional legal 12
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tasks. Venturing into this unknown, I have found, has helped me grow tremendously and doubled my experience level. AG: In my experience, professional growth opportunities are based on the amount of effort an attorney puts forth to develop his/her career and their willingness to navigate non-traditional routes for professional growth. Typically, most in-house counsel positions require mid-level or senior attorneys that have developed a level of expertise in a particular area of law and don’t require much professional development to counsel and advise the client in “real time.” While it may be quite challenging to advance from the specific hiring position due to slow turnover or heavy reliance on outside counsel, it’s not impossible. It is important to gain a global perspective of the business industry, identify ways to improve the client’s business, align your legal expertise with your client’s goals and objectives, develop a good rapport by networking within the company and determine how you can add value, and become an expert that sets you apart from other counsel. Diversity in the legal profession has long been a delicate issue; bringing awareness to pressing issues facing women lawyers of color is the first step to facilitating change. Is there a key issue the legal profession should be paying more attention to regarding the collective experience of women lawyers of color? JBF: We need to stop shying away from recognizing intersectionality. The hard truth is that women of color have different, unique challenges apart from other men of color or white women. We continue to combat “imposter syndrome” and the “angry Black woman” stereotype, made worse by recent racially charged events. Tangentially, those recent events have also necessitated increased companies’ efforts to establish/improve DEI efforts. To save costs, this task frequently falls on the shoulders of inhouse lawyers of color—regardless of qualifications. This phenomenon was the reason for one of the attractions to HP - its well-established DEI initiatives. SLA: I believe that lack of support and mentorship is a key issue for women attorneys of color. The support and engagement of senior attorneys and leaders can be instrumental in an attorney’s career development by providing the requisite skills, opportunities, and exposure for a successful career. I have been very
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fortunate in my own career to have had several leaders and mentors who have supported me and advocated for me over the years, and they have played an integral part in my development and success. GH: I think inclusion, development, and retention are key issues. And I think it’s also important to remember when working on those issues to take an intersectional approach, given the myriad ways in which individual members within the “women lawyers of color” collective are diverse in relation to each other, including aspects that are not necessarily visible. LB: The first step to facilitating changes is taking dedicated steps towards promoting equity and inclusion in the practice of law. Women of color have the highest attrition rate in both law firms and in-house roles. It’s great to have diversity initiatives to recruit attorneys of color. However, without true inclusive and equitable practices, specifically around compensation and career development, the collective experiences of women of color will remain stagnant. NM: As collective, we have much more work to do in ensuring that newly minted lawyers understand the lawyer culture and all its unspoken norms. Whether we believe in those norms or believe they should be disrupted, we cannot efficiently operate if we are unaware that these norms exist. I benefited greatly from a mentor—a person of color—who took the time to teach me how to operate within a layered organization. As an immigrant and the first person in my family to graduate not only college, but high school, what was second nature to most was new and foreign to me. Acknowledging that a cultural curve exists, I think, is a step we can take towards not only understanding this profession but dominating it. AG: I suggest routinely highlighting and acknowledging perseverance and contributions made by women of color in the legal profession, as well as the communities they serve. Additionally, consider a designated platform for women of color to share their stories, challenges faced, how they navigated obstacles, their lessons learned, identify barriers to success, and propose solutions to overcome such barriers. Anietie Akpan is the Editor-in-Chief of The Houston Lawyer. She is staff counsel for the Metropolitan Transit Authority of Harris County, TX (METRO).
Compiled by Nikki Morris and Andrew Pearce
Be the Change You Want to See:
Perspectives of Women Leaders in the Law
M
ore women than ever are graduating from law school, but the practice remains different for women in many ways. Given those differences, we sought advice from a group of women attorneys with diverse practice areas and backgrounds who have excelled in their respective professional careers to discuss their experiences and offer their insights. We are grateful for their candid perspectives, and we are confident our readers will be equally appreciative. The full transcript of their responses, including answers on the topics of how women can best advocate for themselves and the effects of the pandemic, can be found on The Houston Lawyer page of hba.org.
Ashley M. Kleber is the Co-Managing Partner at Gibbs & Bruns LLP, a litigation boutique engaged exclusively in high-stakes business and commercial litigation. She focuses her practice on complex commercial litigation, and her experience spans a diverse array of areas, including financial, securities, energy, 14 January/February 2022
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oil & gas, trade secret, and private client matters. Tammy W. Brennig is the Houston Managing Partner at Hunton Andrews Kurth LLP, a fullservice law firm with over 900 lawyers in the United States, Asia, Europe, and the Middle East in more than 100 distinct areas of practice. She has an extensive practice that includes representation of financial institutions, institutional investors, and corporate borrowers in all types of secured and unsecured financing transactions. S. Priya Coffey is the Managing Partner at Jackson Walker LLP, a full-service law firm with over 400 attorneys in seven offices throughout Texas. Her practice focuses on complex commercial real estate transactions, including the representation of buyers and sellers in the acquisition and disposition of land, office buildings and retail centers, and the representation of landlords and tenants in commercial office building lease and retail lease transactions. As a managing partner, how have you been able to effect change in your firm to not only attract, but retain, talented younger attorneys? AMK: I try to share my own story with the candidates coming through our recruiting process. When I joined the firm as a new associate, I was asked very early on to take depositions, argue at hearings, and interact directly with clients. These opportunities were not presented in a sink-or-swim way. Other lawyers took the time to share practice tips and talk to me about strategy. I see that same support being poured into our
new lawyers today, and I want our recruits to know that’s what they can expect if they come to G&B. I also think this is a key factor in retention. Our younger lawyers are eager to do substantive and challenging work, and it is our responsibility to make sure they get those opportunities. We typically staff cases with very lean teams, which means our new associates get frontline experience and work directly with senior partners from the start. They also get to work on a wide range of cases. As a result, our younger lawyers tend to stay engaged. TWB: In my experience, talented lawyers are drawn to firms with mentorship opportunities, and these opportunities should be communicated as early as possible. Usually, this means during on-campus interviews and throughout the summer associate/hiring process. As a result, it is important for women—both at the associate and partner level—to be involved in a firm’s hiring process and to mentor young attorneys throughout their summer associate program and first years of practice. It is also important that mentorship leads to sponsorship. As women progress toward partnership, they need sponsors— both men and women—to promote them within an organization. Sponsors create the visibility needed and provide added creditability as a woman is rising through the ranks at a firm. In our experience at Hunton Andrews Kurth, emphasizing a culture that places mentorship, sponsorship, and associate development at the center of an associate’s early training develops a deep, mutual commitment between both the firm and the lawyer. We also have several firmwide programs in place that promote retention of women lawyers, including Oneness Luncheons, women’s office-based mentor circles, and our Mentor Her program. What are the greatest advantages you have witnessed when firms increase the number of women and people of color in leadership roles? AMK: Having women and people of color
in leadership roles demonstrates that there is a path for lawyers of all backgrounds to succeed. That has been an important part of our firm’s culture from the start. In 1983, Robin Gibbs founded our firm (f/k/a Gibbs & Ratliff) with Debbie Ratliff—at a time when female trial lawyers were rare. When I joined G&B, it wasn’t lost on me that the firm had excellent female attorneys at every level of seniority. Kathy Patrick was at the helm of multi-billion dollar cases and making national headlines. Andi Gulley and Ayesha Najam (among others) were leading case teams and taking active roles in hearings, depositions, and client meetings. Seeing women and people of color in these roles makes it easier for lawyers who come next to envision their own success. PC: When a law firm is intentional about diversifying leadership, that firm benefits from having a range of perspectives that can help reshape policies. For example, a woman often has a very different viewpoint on maternity leave from a man. So, when a woman serves in a leadership role within her firm, she can bring a completely different perspective on how to handle parental leave. I am proud to work at a firm that is being intentional about adding more women and people of color among leadership and at the partnership level. We still have a way to go, but we are aware and are consciously working on it. What systemic barriers or biases, if any, have you encountered or witnessed as a woman lawyer? What stressors do you think disproportionately impact the advancement of woman lawyers today, and how can we help them? AMK: A huge challenge for many female lawyers is balancing the demands of career and family. Because many firms have a 7+ year partnership track, the timing of having children often coincides with a critical time in a woman’s legal career. Navigating pregnancy and then caring for young children—all while trying to make partner or build a book of business—can be daunting. I think it is important for firms to take a long-term view of what their women law-
yers bring to the table. I remember telling one of my partners, Barrett Reasoner, that I would be out on maternity leave during an important stage in one of our cases. He said, “We will be fine around here. Our goal is to have you happily practicing with us for the long term, and that is more likely if you have gotten the time you’d like to have with your son.” That feedback meant the world to me. It also made sense for the firm. The last thing we want is to lose talented lawyers. Providing women lawyers the support and flexibility they need in the short term makes it more likely that they will be with us for many years to come. TWB: I am blessed to have worked at firms that recognize the benefits of hiring women, but I was not immune to the barriers that have inundated our profession. In my early years of practice as a litigator, I was often mistaken for the court reporter in depositions because I was the only female in the room. I was called “Little Lady” in the courtroom by opposing counsel and judges, and if a male colleague was appearing in court with me, opposing counsel and often the judge would direct questions or responses to him rather than to me, even when I was taking lead on the case. By the time I transitioned to a transactional practice, women had made strides in the business world, but certain barriers still existed. The business world is still largely dominated by men, and it’s human nature to be drawn to people who look like you or have common interests or backgrounds. As a female, it can be tricky to build business relationships in male-dominated industries. We walk a fine line of trying to build a client relationship without being viewed as overstepping or sending the wrong message. With clients and law firms recognizing the value that women bring to the table, there is proof that progress has definitely been made. However, women are often seen as the problem solvers, the doers, and the workers, rather than rainmakers. At times, we are tasked with getting the deal done, but don’t have a seat at the table when the initial deal is made.
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disproportionately onto women.) We can PC: Barriers that I have witnessed are help mitigate all these stressors by makwomen lawyers not being the first choice ing women a regular part of the conversafor leading matters or not being promoted tion and having lawyers share their stories to partnership or leadership. A related asso that male and female lawyers are better pect of these systemic barriers is disparity equipped to support one another. in compensation and originations. And for women lawyers of color, well, What advice would you that adds a whole other layer of give more senior attorcomplexity to these issues. neys who want to support As a wife and mother first, As a wife and younger female and and lawyer second, I can permother first, and diverse associates? In sonally attest to feeling the pressure of “doing it all.” While lawyer second, I can what ways have you been a lot of responsibility is placed personally attest to supported? TWB: The best advice I on lawyers to be adaptable, feeling the pressure can give is to get involved flexible, and always on call, of ‘doing it all.’” in your firm’s recruiting as women, more pressure is efforts from the ground placed on us to be on top of up. Participation in mentorship activities at everything. Motherhood adds a whole new the summer associate level, and then again pressure because women must prepare as a mentor to young associates, is the best for taking time off and then figuring out way to support, attract, and retain strong, how to ramp back up. Motherhood adds diverse talent. In addition, help younger unexpected situations, like sick children, female and diverse attorneys find sponsors requiring schedules having to be juggled. within the firm, male and female, and cul(Studies show these responsibilities still fall
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tivate relationships with those sponsors. Sponsors are typically high-profile senior partners who can provide added support for promotions and partnership in the future. Beyond involvement in mentorship and sponsorship opportunities, it is important for more senior attorneys to create diverse teams of lawyers when pitching new business. Involving young females and diverse attorneys in the client-facing aspect of our business benefits both the client and the firm, from business development and training/mentorship standpoints. PC: Senior attorneys must be willing to learn about their younger female and diverse associates, to empathetically listen to them, and to encourage the associates to be themselves. Developing trust is key in supporting such associates, so if they need help or have issues, they will come to the attorneys versus just leaving. Providing the space for younger lawyers to share their thoughts, opinions, and stories is empowering. So, to my fellow mentors out there, please encourage young lawyers to be
themselves, to speak up, and advocate for themselves. I’ve been lucky that so many people have supported me over the years at the firm, but one story stands out. The former managing partner of our entire firm, Mike Wilson, came to my office from Dallas when he understood that I was struggling to balance work/life the year I was up for partner and pregnant with my second child. We had an amazing conversation, and then a few weeks later, he convened a task force to create an alternative work schedule option. That pretty much sealed the deal for me regarding loyalty. So, to replicate such support on a systematic level, you need to find leaders who truly care about their people, who don’t view themselves as better than everyone else, who will show up when you need them to have your back, and who are willing to make change even if that change is foreign to them or scares them. What I love about JW is we’ve always adapted and grown, and they let me be me. I never felt the need to conform to be someone I’m not.
Editor’s Note One of the attorneys The Houston Lawyer planned to profile in this article was Ms. Zenobia Harris Bivens, who passed away unexpectedly in January. Zenobia was a loving and dedicated wife and mother, and an incredible attorney who served as the Office Member-in-Charge at Frost Brown Todd. An accomplished trial and appellate lawyer, Zenobia won numerous jury verdicts and trial court decisions in civil and criminal cases (including a case in the Supreme Court of the United States), which led to her receiving many professional accolades, including recognition as a Texas Super Lawyers Rising Star and as a Top Woman Lawyer in Texas Monthly. Zenobia was a true servant-leader who had a justice-informed approach to trial advocacy and cultivated spaces where everyone felt welcomed and appreciated. We dedicate this article in her memory and send thoughts of comfort to her family and friends. We leave this powerful sentiment Zeno-
bia shared with us when we interviewed her for her profile. It captures her fierce spirit and unapologetic philosophy about how women lawyers should be their own champions: “We should advocate for ourselves and be confident in doing so. If you think something is wrong, say it. If you think that you are being overlooked for something, say it. At the same time, be discerning. You cannot fight every battle because there are so many. But when you do, make it count.” Nikki Morris is an associate in the Litigation Group at BakerHostetler and a member of The Houston Lawyer editorial board. Andrew Pearce is a shareholder and the Litigation Group chair at BoyarMiller. He is the Off-the-Record Editor for The Houston Lawyer.
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By Juliana Serrano
VAWA:
Empowering Immigrant Women With A Path From Domestic Violence to Citizenship
D
ue to the complex trauma and relationship dynamics involved, cases concerning survivors of domestic violence have been some of the most intricate ones I have worked on as an immigration attorney. According to the National Coalition Against Domestic Violence, in the United States, about twenty people per minute are physically abused by an intimate partner. About one in four women and one in nine men experience severe intimate partner violence. It is crucial to identify and strengthen the resources to combat domestic violence, as it greatly affects our economic and social health.
Domestic violence is a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship. Acts of physical violence, such as slapping, hitting, kicking, or beating, are not the only types of abuse suffered by the victims. Other common forms of domestic abuse include sexual violence (such as forced sexual intercourse and other forms of sexual coercion) and emotional abuse (such as insults, humiliation, and threat of harm). Most of the cases I have handled involve more than one form of domestic violence. Domestic violence occurs in all settings and among all socioeconomic, religious, and cultural groups. Even so, the overwhelming global burden of domestic violence is borne by women. Although women can be violent in relationships with men, often in self-defense, and violence sometimes occurs in same-sex partnerships,1 the most common perpetrators of violence against women are male intimate partners or ex-partners.2 By contrast, men are far more likely to experience violent acts by strangers or acquaintances than by someone close to them.3 Reporting Domestic Violence: Hurdles and VAWA as a Pathway There are numerous reasons why battered partners do not report domestic violence, including fear of retaliation, lack of alternative means of economic support, concern for their children, lack of support from their families and friends, the stigma associated with divorce, the love they have for their partner, and the hope that their partner will change. For undocumented victims, there is one more large obstacle: these immigrants live with the anxiety of not having lawful status in this country. The Violence Against Women Act (“VAWA”) is a federal law enacted by Congress in 1994 to address concerns about domestic abuse involving violent crimes.4 In the case of undocumented immigrants, VAWA created a route to cit-
izenship for domestic violence victims. In immigration, VAWA is a solution to the widespread problem of abused noncitizens staying in abusive relationships with U.S. citizens or lawful permanent residents because the abusive family member holds a vital key to their immigration status in the U.S.5 Spouses usually must rely on their abusers to file for legal status for them. VAWA allows victims of domestic violence, whose spouses are unwilling to cooperate in their immigration cases, the chance to self-petition for immigration status on their own. Many VAWA cases involve the citizen spouse threatening to call U.S. Immigration and Customs Enforcement (“ICE”) if the victim reports the abuse to the police or refuses to do what the spouse wants. These victims fear returning to their home country for various reasons, with the most common being violence and poverty. This fear is magnified when they have children. They become completely dependent on their citizen spouses. Due to their immigration status, many of these victims cannot work in the U.S. or their abuser does not allow them to work. The victims and their children must rely on their citizen spouse for food, shelter, clothing, and all other necessities.
noncitizen did not enter into the marriage simply for immigration purposes. Evidencing a good faith marriage can be complex. The principal documents required are the marriage license and certificate. Much more is often needed, however. Children of the marriage and sworn declarations from friends, coworkers, or family, for instance, can evince a bona fide marriage. VAWA is federal law, but depending on the state, one can establish a good faith
marriage without an official marriage license or certificate. Texas law allows for informal marriages, or common-law marriages, with the basic requirement being that the couple hold themselves out to be married. In other words, the couple must tell acquaintances, coworkers, school officials, and others they are husband and wife, even if their marriage is not official. Unlike Texas common law marriage, VAWA does require proof that the cou-
VAWA Petition: The Requirements While VAWA can provide a breath of fresh air for the immigrants whose spouses refuse to participate in their immigration processes, applying for this immigration benefit based on domestic violence is not an easy task. There are various requirements for a successful VAWA petition, some of which are challenging to complete, considering many of the victims may be in shelters or in a difficult financial situation when filing their cases. Good Faith Marriage The first step is proving a good faith marriage. In other words, that the thehoustonlawyer.com
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ple lives, or lived, together. Survivors often have trouble providing evidence to prove this requirement because many abusive spouses have control over items such as bank accounts and leases, and any utilities are often under the abusive partner’s name alone. Excluding their victims from any financial decisions is one of the ways that the abusers control them.
cooperation.
Battery or Extreme Cruelty At first glance, battery may seem easier to prove, as there is no dependence on cooperation from the abusive spouse. Unfortunately, however, it is usually not that simple. The victims are often frightened to seek mediEven when cal care or to call the pothe odds seem lice. Even when they do Abuser’s Immigration Status insurmountable, call the police, the officer who responds might not Another challenging obVAWA gives speak their language and stacle for those trying to prove these cases is presenthopes to victims might not file a report. It is even more difficult ing proof of their abuser’s of abuse” to prove emotional abuse. immigration status. Some While texts, emails, and abused spouses are able to letters can be instrumental in showget copies of their partners’ birth cering this, many battered spouses often tificate, naturalization certificate, or lehave to change phones after they leave gal resident card, but many cannot. In their abusive partners so they cannot be these cases, their attorneys have to get found. Other times, the abusive partners creative to gather evidence, since they take their phones away. cannot count on the abusive partner’s
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RISK-TAKING CAN BE FUN...
Good Moral Character Another critical VAWA requirement is for the spouse to demonstrate he or she is a person of good moral character. The vast majority of these victims are battered spouses who came to the U.S. looking for a better life for themselves and their children. They want to work hard and contribute to our society, and they usually have little or no criminal history. VAWA Permits: Benefits With all these obstacles, it may seem nearly impossible for these survivors to obtain VAWA protections. I caution my clients that it is a long and arduous process, but it is not impossible. Our country created a specific immigration mechanism for those it recognized needed this benefit. Even when the odds seem insurmountable, VAWA gives hope to victims of abuse. For example, VAWA petitioners may request Employment Authorization.
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Work permits usually arrive before the VAWA case is approved, which allows the abused victims to work and gain some control over their lives. Some immigrants came to the U.S. with children born in other countries. Like their parents, the children are undocumented. If the children are under 21, the VAWA petition allows the immigrant to add these children on their petition as derivatives, which alleviates an immense burden. Conclusion Sexual violence, stalking, and intimate partner violence are major public health problems in the U.S. Many survivors of these forms of violence experience physical injury, as well as other health consequences, such as gastrointestinal disorders, substance abuse, sexually transmitted diseases, and gynecological or pregnancy complications. Furthermore, they often suffer mental health consequences, such as
depression, anxiety, low self-esteem, and suicidal thoughts. These consequences can lead to hospitalization, disability, or death. President Joe Biden, who was a senator when he authored VAWA, put it best when he said: “[V]iolence that primarily targets women has too often been dismissed without response... I’ve become convinced that the violence against women reflects as much a failure of our nation’s collective moral imagination as it does a failure of our nation’s laws and our nation’s regulations. We are helpless to change the course of this violence... unless and until we achieve national consensus that it deserves our profound public outrage and laws that reflect that profound public outrage. Juliana Serrano is an immigration staff attorney with Houston YMCA International Services. She is part of the criminal justice division and assists immigrant victims of
crimes, such as domestic violence and human trafficking, in obtaining immigration status.
Endnotes 1. Even though most studies show that domestic violence is mainly an issue in heterosexual relationships, many studies have shown the existence of domestic violence in LGBTQ relationships at comparable or higher rates than in heterosexual relationships. Susan C. Turell, A Descriptive Analysis of Same-Sex Relationship Violence for a Diverse Sample, 15 J. FAM. VIOLENCE 3, 281–293 (2000). The findings indicate a dearth of studies that address the extent of domestic violence in LGBTQ relationships due to the lack of reporting based on myths and fear. In about 10% of the cases I have dealt with, the female abuses the male. I have consulted with clients in same-sex relationships where the victim is embarrassed and afraid to speak of the violence perpetrated against him or her. 2. Lori Heise et al., Ending Violence Against Women, 27 ISSUES IN WORLD HEALTH 4 (Ctr. for Health and Gender Equity), Dec. 1999 at 4. 3. ETIENNE G. KRUG ET AL., WORLD REPORT ON VIOLENCE AND HEALTH 87–121 (2002), available at https://appswho.int/iris/bitstream/ handle/10665/42495/9241545615_eng.pdf. 4. Violence Against Women Act, Pub. L. No. 103-322, tit. IV, 108 Stat. 1902 (1994) (codified as amended in various sections of 8, 16, 18, 28, and 42 U.S.C.). 5. Jessica Yáñez, From Asylum to VAWA: How U.S. Immigration Laws Can Protect Victims of Domestic Violence, 5 ELON L. REV. 415, 423–24 (2013).
Local Solutions. Global Reach. thehoustonlawyer.com
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By Karen M. Richardson
Digging Deeper:
Uncovering and Combating the Root Causes of the Lack of Advancement for Women and Diverse Attorneys in Law Firms
I
n the early 2000s, women had been graduating from law school in nearly equal numbers to men for over twenty years,1 yet rumors abounded regarding the underrepresentation and undercompensation of women in the legal profession. And in 2006, the National Association of Women Lawyers (“NAWL”) had a novel idea: test those rumors by quantitatively studying the 200 highest-grossing law firms in the United States (the “AmLaw
200”). That first report of the Survey on the Promotion and Retention of Women in Law Firms (“Survey Report”) bore out the anecdotes: women were underrepresented in leadership, ownership, and decisionmaking positions in law firms, and the few women in the top echelon were still undercompensated. In the fifteen years since that first Survey Report, the change has been incremental at best, despite a substantial increase in both interest and investment in these numbers.2 The most recent data is no exception. Now, NAWL has another novel idea: dig deeper to address the reasons for the stubborn realities that women and attorneys from underrepresented backgrounds continue to face in the legal profession. The Beginning In 2006, the NAWL Survey Report found that women lawyers were well-represented at the lowest level of the profession (constituting 45% of associates) but not at the top of the profession (making up only 16% of equity partners—the law firm owners). Even when women lawyers did achieve the status of equity partner, there was a gendered compensation gap with women equity partners earning an average of $81,000 less than male equity partners. Moreover, women held, on average, only 16% of seats on their firms’ highest governing committees, and only 5% of managing partners were women. The 2006 Survey Report found that law firm decision-making on critical firmwide issues like long-term strategy and growth, business development, partner compensation and advancement, and policies and practices related to the retention and promotion of women lawyers were decisions “still being made in a decidedly male environment.”3 Over Time Fifteen years of data collection has demonstrated a consistent and relatively undisturbed pattern of a significant lack of women and diverse attorneys in the upper echelon of law firm and legal profession leadership. While there have been some advances (women now make up around 21% of equity partnership vs. 16% in 2006), the change has been incremental at best (see
fession. chart on right). Consequently, the NAWL This trend can be 2021 Survey Report will surprising given the share all data collected as substantial increase in an appendix to the report. both interest and inThe primary focus of the vestment in these numreport will instead be conbers—there is nearsidering what the legal prouniversal adoption of fession needs to do and/ diversity initiatives, inor what we need to know cluding diversity commore about in order to admittees and dedicated dress key barriers to the diversity officers, and advancement of women, increased awareness of people of color, LGBTQIA+, the challenges women and diverse attorneys Source: Report of the 2020 NAWL Survey on Promotion and Retention of Women in Law Firms. and people with disabilities diverse attorneys are at the firm and adin the legal profession. NAWL has identiface in their advancement through law vancing through their careers. fied three key focus areas, as these processfirms. es are central to the advancement (or lack To better understand this pattern and to Today and Tomorrow thereof) of attorneys in the legal profession: provide more useful information to the proThe efforts of law firms have not yet been (1) Compensation, (2) Performance Evaluafession, over the last several years, NAWL born out in increased representation and tion and Promotion, and (3) Succession. In has looked more deeply into the mecharetention of women and diverse attorneys. addition, each of these areas continues to nisms underlying these well-known statisHence, NAWL’s novel idea to dig deeper be characterized by subjective and opaque tics by asking additional questions about into identifying the potential reasons for decision-making processes—making these the inputs—policies, practices, and procethe stubborn realities women and diverse processes more prone to bias. dures—to better understand the outputs— attorneys continue to face in the legal proNAWL will spend much of 2022 dishow they affect women and diverse attorneys in law firms. We asked firms to share their specific processes around activities like credit assignment/sharing, origination, and succession planning. Additionally, we asked firms if they were engaging in specific practices known to reduce biased decision-making when it came to recruitment and hiring, compensation, evaluation, and promotion. And in 2020, a new pattern emerged: law firms are reluctant to engage in the processes most likely to reduce biased decisionmaking, instead preferring activities that signal a commitment to diversity but that are not guaranteed to produce it. For example, firms were more likely to report engaging in bias-interruption earlier in the employment relationship (i.e., recruitment and hiring). Since disparities between men and women are much smaller at earlier career stages, the emphasis on bias-interruption at earlier career stages may have reduced disparities, but the stalled progress of women at subsequent levels may be evidence that firms need to expand their bias-reduction efforts to decisions made once women and thehoustonlawyer.com
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Equal Access Champions The firms and corporations listed below have agreed to assume a leadership role in providing equal access to justice for all Harris County citizens. Each has made a commitment to provide representation in a certain number of cases through the Houston Volunteers Lawyers. Abraham, Watkins, Nichols, Agosto, Aziz & Stogner Akin Gump Strauss Hauer & Feld LLP Angela Solice, Attorney at Law Baker Botts L.L.P. BakerHostetler LLP Beck Redden LLP Blank Rome LLP Bracewell LLP Burford Perry, LLP CenterPoint Energy, Inc. Chamberlain Hrdlicka Chevron U.S.A. Inc. Coane & Associates David Hsu and Associates Dentons US LLP Diane C. Treich, Attorney at Law Eversheds Sutherland US LLP Exxon Mobil Corporation Foley Lardner Fleurinord Law PLLC Frye, Oaks, Benavidez and O’Neil, PLLC Fuqua & Associates, PC Gibbs & Bruns LLP Gibson, Dunn & Crutcher LLP Givens & Johnston Gray Reed Greenberg Traurig, LLP Halliburton Hasley Scarano L.L.P. Haynes and Boone, LLP Hunton Andrews Kurth LLP Jackson Walker L.L.P. Jenkins & Kamin, L.L.P. Jones Day Katine & Nechman L.L.P. Kean Miller LLP King & Spalding LLP Kirkland & Ellis LLP 24 January/February 2022
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KoonsFuller, P.C. Law Firm of Min Gyu Kim PLLC Law Office of Cindi L. Rickman Law Office of Norma Levine Trusch Law Office of Robert E. Price Locke Lord LLP LyondellBasell Industries Marathon Oil Company Martin R.G. Marasigan Law Offices McDowell & Hetherington LLP McGarvey PLLC Medina Law Texas, PLLC Morgan, Lewis & Bockius LLP Norton Rose Fulbright US LLP Ogletree, Deakins, Nash, Smoak & Stewart, PC Porter Hedges LLP Rapp & Krock, PC ReedSmith LLP Rita Pattni, Attorney at Law Royston, Rayzor, Vickery & Williams, L.L.P. Sanchez Law Firm Shell Oil Company Shortt & Nguyen, P.C. Shipley Snell Montgomery LLP Sidley Austin LLP Sorrels Law Squire Patton Boggs The Ericksen Law Firm The Jurek Law Group, PLLC The LaFitte Law Group, PLLC Travis Bryan Law Group, PLLC Vinson & Elkins LLP Weycer, Kaplan, Pulaski & Zuber, P.C. Wilson, Cribbs, & Goren, P.C. Winstead PC Winston & Strawn LLP Yetter Coleman LLP
elon are still undercompensated. However, cussing these areas of examination with ingful change in the legal profession. the legal profession, and law firms specifivarious stakeholders—law firm managing partners, general Karen M. Richardcounsel and chief leson, a lawyer by gal officers, scholars, training, is the Exand the practicing atecutive Director of the torneys themselves. National Association By combining the of Women Lawyers. NAWL data with relKaren has a passion evant data from other for NAWL’s mission respected sources and nearly 125-year and hosting discuslegacy, leading its sions on what we continued efforts to know may (or may advance diversity and not) be causing the inclusion in the profeschallenges that wom- Source: Report of the 2020 NAWL Survey on Promotion and Retention of Women in Law Firms. sion and advocate for cally, are showing increased interest and en and underrepresented attorneys face in equity under the law. commitment to understanding the chalthese areas, we hope to recommend better Endnotes lenges that women and diverse attorneys practices for addressing these challenges 1. See data provided by the National Association for Law Placeface professionally. As the legal profession and/or additional data collection that would ment (“NALP”) at www.nalp.org. 2. NAWL 2020 Survey Report cites “near universal adoption struggles with action and results, an imaid the profession to better understand the of diversity initiatives, including diversity committees and portant opportunity to understand the root mechanisms that replicate the status quo dedicated diversity officers, and increased awareness of the challenges women and diverse attorneys face in their adcause of these challenges presents itself. again and again. For example, we know vancement through the law firm.” NAT’L ASS’N WOMEN NAWL aims to dig deeper into these root there is a persistent compensation gap beLAWS., 2020 REPORT ON THE PROMOTION AND RETENTION OF WOMEN IN LAW FIRMS 10 (2020). causes and recommend better practices for tween women and men—whether you ask 3. All NAWL Survey Reports are available online at www.nawl. org/survey. addressing these challenges to create meanindividual attorneys or the employing law firms, women have lower compensation than men. The compensation gap is especially pernicious at the equity partner level (see chart on the right). We are told the gendered compensation gap is explained simply by women working fewer hours and billing less than their male colleagues. However, the NAWL data consistently shows that women do not report fewer total or billable hours. We suspect the explanation has more to do with firms consistently failing to engage in many known and recommended bias interrupters when determining compensation, creating ripe opportunities for biased and subjective decision-making to play a role. Conclusion We have come a long way since NAWL set out in 2006 to test rumors of underrepresentation and under-compensation of women in law firms. No, the numbers have not significantly changed—women are still underrepresented in leadership, ownership, and decision-making positions in law firms, and the few women in the top echthehoustonlawyer.com
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By The Hon. Fran Watson
Protecting the Vulnerable:
Transwomen of Color and the Legal System
H
istorically, and presently, people of color (hereinafter referred to “POC”) continually face an oppressive climate. Racial disparities produce unfair practices toward communities of color, disparities which have notably been amplified by the COVID-19 pandemic, during which POC became ill and died at higher rates than those of their white counterparts.1 Navigating through systems of education, employment, housing, and health care present unique challenges for people of color. Arguably, one of the most challenging systems for people of color to navigate is the legal system. On the criminal side, strained relationships with law enforcement, higher rates of arrest, excessive force, and harsher sentences lead to a disproportionate amount of incarcerated people of color when compared to white people. On the civil side, lack of financial means, language barriers, and overt discrimination create hurdles for POC seeking remedies through the court system.2 As if negotiating these systems is not challenging enough for POC, transgender people—particularly transwomen of color—operate and exist at various intersections of oppression. Family and societal rejection, unsafe institutional policies,
criminalization of their existence, and transphobic violence make transwomen of color some of the most vulnerable people in society today.3 While this is quite the indictment, an abundance of evidence supports this statement. Living While Trans According to a national survey, 57% of transgender people who disclosed their gender identity or “came out” to their families faced rejection.4 This rejection often led to housing instability for many transgender people. The survey also stated that one in five transgender individuals in the U.S. have experienced homelessness at some point in their lives, and more than one in ten transgender people have been evicted from their dwellings and turned away from shelters because of their gender identity. Transwomen of color were overrepresented in these statistics. Additionally, transgender people report significantly high rates of employment discrimination. 78% percent of the participants in the survey stated that they experienced discrimination in the workplace. In a study conducted by the District of Columbia Office of Human Rights, potential employers even favored less-qualified candidates over qualified transgender candidates in nearly half of the cases. As transwomen of color experience rejection, poverty, homelessness, and fleeting job opportunities, the likelihood of interacting with the legal system significantly increases. Targeted Discrimination and Law Enforcement Transgender people, specifically transwomen of color, have long had a tumultuous relationship with law enforcement.5 In the past, police raids in bars were a common occurrence to enforce anti-cross-dressing laws and other laws that deemed LGBTQ acts illegal. In the Stonewall Riots of 1969, which served as the catalyst for the LGBTQ movement, transwomen of color Marsha P. Johnson and Sylvia Rivera are credited with starting the fight against these unwarranted attacks on the community.6
Transwomen of color are often subjected to police profiling. The assumption made by law enforcement is that transgender women of color are sex workers, particularly when viewing their race and gender identity as they are standing, walking, or driving in a particular area. While some transwomen of color do engage in sex work and selling drugs, they do so out of poverty-stricken necessity.7 A prevalent assumption by law enforcement is that if a transwoman of color is walking around a heavily traversed neighborhood, such as “The Track,” an area in Southwest Houston where sex work is pervasive, then she must be engaged in sex work or other illegal activity.8 This profiling leads to transwomen of color having higher rates of unnecessary interactions with law enforcement. During a typical interaction with law enforcement, it is common for an officer to ask for identification. Because transgender people, particularly transwomen of color, do not have the financial means to obtain gender-affirming documentation, their identification documents often do not align with their gender identity. Interacting with law enforcement in these circumstances creates incredibly vulnerable moments for transwomen; if her name or gender marker differs from her gender identity, or the name given to law enforcement is different from the name on her identification, an expanded inspection quickly escalates a simple police interaction. This increased scrutiny can lead to misgendering and physical searches of a transwoman of color, violating her person and placing her in an unsafe, defenseless, and exposed situation.9 The Story of Jessica Zyrie Consider the story of Jessica Zyrie, a Black transgender model and activist who walked the runway on the most recent season of Bravo TV’s “Project Runway.” When Jessica was 18 years old, she attended a friend’s birthday party at restaurant. As she was leaving the restroom after reapplying her makeup, a police officer approached her and asked for identification. Jessica had recently come out as transgender and had
not obtained her gender-affirming documentation. Jessica asked the officer why he wanted to see her identification. The officer told her “Don’t worry about that, just show me your ID.” Jessica asked again, because she wanted to explain to the officer why her ID did not match her gender identity and presentation. The officer stated, “If you don’t give it to me, I will arrest you.” Jessica let the officer know she would give the ID to him if he gave her the opportunity to explain. The officer placed Jessica in handcuffs and escorted her to a police car. In that moment, Jessica was angry, embarrassed, and scared. She had never been in trouble and was a good student. After some time, the officer told her that she was not allowed to use the women’s restroom. The manager of the restaurant appeared and told her that she was banned from the restaurant and took her picture. Thankfully, Jessica did not go to jail. However, that experience was awful for her, and she will never forget it. Jessica was simply enjoying a celebration, but her lack of gender-affirming documentation, coupled with police profiling, led to
this being one of her worst memories of discrimination.10 Sadly, for some transwomen of color, the nightmare continues after the arrest. Confinement and Legal Proceedings Once arrested, transwomen of color are often targeted for abuse and harassment in jails, prisons, and detention centers. Transwomen of color are often placed in facilities based on the information on their birth certificate. Again, without gender-affirming documentation, the general results are either 1) transgender women, many of whom are transwomen of color, are placed in solitary confinement and/or isolation or 2) they are confined with men.11 Confining transwomen of color with men not only reduces their access to gender-appropriate services, such clothes, health care, and other personal care items. It also increases the risk of harassment and violence toward them by staff and other incarcerated people. With respect to transwomen of color and the court system, unfortunately, bias, stigma, and stereotypes prevent trans-
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women of color from obtaining a fair trial. In counties where there is a lack of understanding and training on issues facing the transgender community, biased judges, legal staff, prosecutors, and court-appointed attorneys often impede the fair treatment of transwomen of color in legal proceedings. Transwomen of color are repeatedly misgendered in open court, setting a tone of disrespect and erasure. The effect? Increased rates of incarceration and harsher sentences for transwomen of color. Data collected by the National Center for Transgender Equality illustrates this point.12 Transgender and gender non-conforming participants were surveyed regarding lengths of time spent in confinement.13 Of all the participants, 5% of Black transgender and gender non-conforming people sent to jail for any reason were incarcerated for ten or more years.14 Another 10% were incarcerated for five to ten years, as compared to the only 4% of the full sample.15 Transgender people received longer sentences than gender non-conforming people.16 Additionally, transgender women received longer sentences than transgender men.17 This analysis demonstrates that, again, Black transgender women and transgender women of color are subjected to harsher treatment at various stages of the legal system. The Story of Ashley Diamond In 2012, Asley Diamond, a Black transgender woman, was sentenced to twelve years in prison for violating parole on a non-violent offense—theft.18 During her time in prison, Ashley was housed with men and sexually assaulted. She was moved to various prisons, each more dangerous than the last.19 As if having to endure assault was not enough, for the first time in seventeen years, Ashley was deprived the ability to live as her authentic self. Ashley was denied medically necessary hormone treatments.20 Her clothes and undergarments were confiscated.21 Ashley was thrown in solitary confinement for “pretending to be a woman.” Ashley ultimately sued the Georgia Department of Corrections for violations of the Prison Rape Elimination Act and a violation of the standard proce28 January/February 2022
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dures afforded by the Georgia Department of Corrections.22 During that time, Ashley’s case has received widespread national and media attention, and her case settled in 2016, a year after she was released from prison.23 However, most cases do not get the benefit of the national spotlight. Violence Against Transwomen of Color Violence against transwomen of color has become so frequent that the American Medical Association has declared it an “epidemic.”24 At the writing of this article, Transgender Day of Remembrance 2021 (“TDOR”) was occurring. TDOR is a day to memorialize the names of transgender people murdered due to transphobia and bigotry.25 The names are read out loud at vigils held all over the country. 2021 marks the deadliest year for victims of anti-trans violence in the United States; at least forty-seven known transgender and gender non-conforming people, mostly transwomen of color, were murdered for simply existing.26 Protecting Transwomen of Color Once transwomen of color become entangled in the legal system, it is difficult for them to rebuild their lives. Whether or not they spend time in jail, transwomen of color face enormous obstacles when having a criminal record, including the inability to obtain housing, employment, benefits, health care, and other necessities to rebuild their lives.27 Arguably, the difficulty transwomen of color face in rebuilding their lives stems from the rejection and pervasive discrimination faced in all aspects of life. Entanglements with the legal system oftentimes result from participation in illegal activity as an act of survival. Much needs to be done to protect transwomen of color and ensure safety, security, and justice for the community. Solutions for such provisions exist if there is a willingness to act. Transwomen of color not only deserve the ability to survive, but to thrive in a life free from discrimination, harassment,
and violence. For starters, the Equality Act must be passed by the U.S. Senate and signed into law.28 As acknowledged by the current administration, millions of people lack basic non-discrimination protections.29 While there has been significant progress for LGBTQ people, including a historic SCOTUS decision that held that LGBTQ workers were protected under the U.S. Civil Rights Act of 1964,30 twenty-nine states still lack comprehensive anti-discrimination laws that include gender identity and expression in housing, employment, and public accommodations. Protecting transwomen from the outset could avoid their entanglements with the legal system, as their basic needs are being met and they are able to live free from global discrimination. Transwomen of color deserve legal access to gender-affirming documentation without an arduous and expensive legal process. Currently in Texas, to obtain name and gender change documentation, transgender people must follow standard court procedures—filing a petition, submitting evidence of gender dysphoria, and obtaining an order signed by a judge. Thankfully, unlike some states, Texas does not require public notice of the petition.31 However, this process can be costly and intimidating. Implementing an administrative procedure could significantly improve transgender peoples’ access to gender-affirming documentation. For instance, obtaining a passport as a transgender person is relatively easy. Transgender people are allowed to self-select their gender without providing medical certification, thus eliminating a barrier for transgender people.32 Transwomen of color deserve access to gender-affirming health care, free from stigma and harassment. Guidance currently exists for the treatment and care of transgender people.33 The World Professional Association for Transgender Health (“WPATH”)—a transgender and gender non-conforming-centered international professional association that promotes care, education, research, advocacy, public policy, and respect for the community— published a manual on the standard for the
care of transgender and gender non-conforming people.34 Issues addressed include types of treatment for gender dysphoria, which is defined as “discomfort or distress that is caused by a discrepancy between a person’s gender identity and that person’s sex assigned at birth.”35 These treatments included access to necessary therapies that aid in gender reassignment and guidance to health care providers when providing care to transgender and gender non-conforming people.36 Uniform implementation of these policies by health care providers would ensure that transgender people, including transwomen of color, would have access to health care with dignity. Transwomen of color deserve interactions with law enforcement, lawyers, judges, and detention officers that come from a place of respect rather than dehumanization. Enacting anti-profiling laws can reduce profiling and discrimination during interactions with law enforcement. Cultural competency training for members of the legal profession would be a welcoming policy to ensure transgender people, particularly transwomen of color, moving through the legal system have a reduced chance of facing bias and harassment in legal proceedings. Additionally, for those who do become entangled with the legal system and find themselves in confinement, facilities must comply with the Prison Rape Elimination Act (“PREA”), a federal law that aims to reduce sexual assault during confinement in U.S. facilities.37 PREA includes a set of standards that demonstrate how LGBTQ people should be placed in facilities, how LGBTQ people should be treated by staff and other incarcerated individuals, and overall safety guidelines for LGBTQ people.38 Accountability measures are already in place, such as of loss of accreditation, which leads to loss of funding. Enforcement and regulators could significantly improve the conditions of imprisoned LGBTQ people, particularly transwomen of color.39 Finally, transwomen of color deserve the freedom of not living in fear of being murdered for simply living their authentic life. Systems can change. It is time for
that change to occur for transwomen of color. The Hon. Fran Watson is the principal attorney and mediator at F. Watson Law, PLLC. She also serves as an Associate Municipal Court Judge for the City of Houston. Fran is one of the founding attorneys of the Trans Legal Aid Clinic in Houston. She earned her bachelor’s degree from the University of Houston-Downtown and her J.D. from Thurgood Marshall School of Law. Endnotes
11. 12.
13. 14. 15. 16. 17. 18.
19.
1. Health Equity Considerations and Racial and Ethnic Minority Groups, CTRS. FOR DISEASE CONTROL AND PREVENTION, https://www. cdc.gov/coronavirus/2019-ncov/community/ health-equity/race-ethnicity.html (last updated Nov. 30, 2021); see Dylan Scott, Who the Pandemic’s Next Phase Will Hurt the Most, VOX (Dec. 6, 2021, 7:10 AM), https://www.vox.com/coronavirus-covid19/22791746/us-covid-19-casesdeaths-race-inequities-vaccine-antiviral (noting that because people of color are less likely to have health coverage and more likely to face barriers to accessing care and receive poorer quality of care, they are likely to face disparities in obtaining care and treatment for COVID-19). 2. UNJUST: HOW THE BROKEN CRIMINAL JUSTICE SYSTEM FAILS TRANSGENDER PEOPLE, CTR FOR AM. PROGRESS & MOVEMENT ADVANCEMENT PROJECT (2016), available at https://www.lgbtmap.org/file/lgbtcriminal-justice-trans.pdf. 3. Black Trans Women and Black Trans Femmes: Leading & Living Fiercely, TRANSGENDER LAW CTR., https://transgenderlawcenter.org/ black-trans-women-black-trans-femmes-leading-living-fiercely (last visited Feb. 1, 2022). 4. UNJUST: HOW THE BROKEN CRIMINAL JUSTICE SYSTEM FAILS TRANSGENDER PEOPLE, CTR FOR AM. PROGRESS & MOVEMENT ADVANCEMENT PROJECT (2016), available at https://www.lgbtmap.org/file/lgbtcriminal-justice-trans.pdf. 5. Cross-Dressing Laws, HOUSTONLGBTHISTORY.ORG, http://www.houstonlgbthistory.org/ houston-cross-dressing.html (last visited Feb. 1, 2022). 6. Josh Jackman & Lydia Smith, What Were the Stonewall Riots? The Story of the Historic Demonstrations, PINKNEWS (June 28, 2018), https:// www.pinknews.co.uk/2018/06/28/what-werethe-stonewall-riots-the-story-of-the-historicdemonstrations-on-their-49th-anniversary/. 7. See generally Leonore F. Carpenter & R. Barrett Marshall, Walking While Trans: Profiling of Transgender Women by Law Enforcement, and the Problem of Proof, 24 WM. & MARY J. WOMEN & L. 5 (2017). 8. Gabrielle Banks, The Track: Open-air Sex Trade Permeates Daily Life on Houston’s Outskirts, HOUS. CHRON., May 2, 2019, https://www. houstonchronicle.com/news/houston-texas/ houston/article/Houston-prostitution-humantrafficking-Bissonnet-13780542.php. 9. CTR. FOR AM. PROGRESS & MOVEMENT ADVANCEMENT PROJECT at 11. 10. Hou Equality, Jessica’s Story of Discrimination,
20. 21. 22. 23. 24.
25. 26.
27. 28. 29.
30. 31. 32. 33.
34. 35. 36. 37. 38. 39.
YOUTUBE (May 15, 2018), https://www.youtube.com/watch?v=_OvBxhtRyBE. CTR. FOR AM. PROGRESS & MOVEMENT ADVANCEMENT PROJECT at 20. See generally INJUSTICE AT EVERY TURN: A REPORT OF THE NAT’L TRANSGENDER DISCRIMINATION SURVEY, JAIME M. GRANT ET AL. (2011), available at https://transequality. org/sites/default/files/docs/resources/NTDS_ Report.pdf. Id. Id. at 164. Id. Id. Id. CTR. FOR AM. PROGRESS & MOVEMENT ADVANCEMENT PROJECT at 28; Diamond v. Owens et. al., 131 F. Supp. 3d 1346, 1353 (M.D. Ga. 2015). CTR. FOR AM. PROGRESS & MOVEMENT ADVANCEMENT PROJECT at 28. Id. Id. Diamond, 131 F. Supp. 3d 1346. CTR. FOR AM. PROGRESS & MOVEMENT ADVANCEMENT PROJECT at 28. Press Release, Am. Med. Ass’n, AMA Adopts New Policies on First Day of Voting at 2019 Annual Meeting, (June 10, 2019) (on file with author). Trans Day of Remembrance, GLAAD, https:// www.glaad.org/tdor (last visited Feb. 1, 2022). Press Release, Laurel Powell, Marking the Deadliest Year on Record, Human Rights Campaign Announces Release of Annual Report on Violence Against Transgender and Gender Non-Conforming People (Nov. 17, 2021) (on file with author); Violet Lhant, Ahead of TDOR, We Remember Angel Naira, Black Trans Woman Who “Loved Everyone,” HUMAN RIGHTS CAMPAIGN (Nov. 18, 2021), https://www.hrc.org/ news/ahead-of-tdor-we-remember-angel-nairablack-trans-woman-who-loved-everyone. CTR. FOR AM. PROGRESS & MOVEMENT ADVANCEMENT PROJECT at 30. Equality Act of 2021, H.R.5, 117th Cong. (2021). FACT SHEET: The Equality Act Will Provide Long Overdue Civil Rights Protections for Millions of Americans, WHITE HOUSE (June 25, 2021), https://www.whitehouse.gov/briefing-room/ statements-releases/2021/06/25/fact-sheet-theequality-act-will-provide-long-overdue-civilrights-protections-for-millions-of-americans/. See Bostock v. Clayton Cnty., Georgia, 140 S. Ct. 1731 (2020); Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq. ID Documents Center, NAT’L CTR. FOR TRANSGENDER EQUALITY, https://transequality.org/ documents (last updated Nov. 2021). Know Your Rights, Passports, NAT’L CTR. FOR TRANSGENDER EQUALITY, https://transequality.org/know-your-rights/passports. See generally STANDARDS OF CARE FOR THE HEALTH OF TRANSSEXUAL, TRANSGENDER, AND GENDER NONCONFORMING PEOPLE, WORLD PROF’L ASS’N FOR TRANSGENDER HEALTH (2012), available at https://www. wpath.org/media/cms/Documents/SOC%20v7/ SOC%20V7_English2012.pdf?_t=1613669341. Id. Id. at 5. Id. at 9–10. The Prison Rape Elimination Act, 28 C.F.R. part 115 (2003). CTR. FOR AM. PROGRESS & MOVEMENT ADVANCEMENT PROJECT at 22. Id.
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Compiled by Jennifer R. Jenkins and Jennifer Smith
Innovative Community Leaders:
Celebrating Local Women Attorneys and Their Impact as Changemakers The Houston Lawyer is proud to feature five women attorneys who inspire us through their dedication to service, commitment to community, and cultivation of the next generation of lawyers. Their fascinating responses demonstrate the very best of the Houston legal community—selflessness, relentless determination, and the ability to change the world around them. The full transcript can be found on The Houston Lawyer page at hba.org.
most joy in this life experience. 3. What are you currently reading? I just finished reading Trevor Noah’ autobiography, Born A Crime. A friend gifted me with the book. It is hilarious and profound. I was not aware of his personal experience with domestic violence, but of course —given my work— that stood out to me the most.
Maisha Coulter, CEO, Aid to Victims of Domestic Abuse (“AVDA”) | Tireless Advocate for Survivors of Domestic Violence 1. Tell us a bit about your professional background and what led you to your current position. I am a social worker and attorney by education. I received a Master’s in Social Work from New York University in 1997 and my Juris Doctor from Rutgers University in 2001. I have been purposeful about pursuing work that allows me to draw on the strengths of my educational training in social work and law. Fortunately, I found AVDA shortly after I was licensed to practice law in the State of Texas. I originally reached out to volunteer but was hired by the agency as the only full-time staff attorney at the time. I have progressed in my practice and experience through the years. I believe all of that practice and experience resulted in my selection as the CEO of AVDA in 2019.
4. What women have inspired you –personally, professionally, or both– and why? My mother and my maternal grandmother are my personal heroes. They are the epitome of strength, hard work, and commitment. They draw on spiritual faith and traditions that they were intentional in passing on, and I received their life training and example with gratitude. My grandmother has passed on, but my mother is alive and healthy and is still my go-to person when I am challenged personally or professionally.
2. What achievement –personal or professional– are you most proud of? I am most proud of raising a strong and capable daughter. Doing this successfully requires me to be a standard-bearer and strong role model for her. Although that work is not complete (she’s 11), I feel the proudest of my role as her mother and derive the 30 January/February 2022
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5. Why, in your opinion, are women natural-born leaders? I think certain traits are critical for good leaders. Those include compassion, being an effective communicator, and being able to develop people. It is not that men don’t have these traits, but I think girls and women get more encouragement in developing compassion and learning how to effectively communicate as they grow. 6. What called you to get involved with domestic violence work? I think having the direct experience working with a family in Brooklyn that was devastated by domestic abuse led me to prioritize work that focused on domestic violence in my career. The children, four little boys, witnessed their father killing their mother. Their grandmother was raising them. I provided trauma counseling to the family and learned so much from them.
7. What is the most immediate, practical assistance someone can give to a survivor of domestic abuse? An open and empathetic ear. 8. How can an attorney give practical assistance? Attorneys should learn how domestic violence affects the family system. They should also learn as much about the relief available in the Texas Family Code to survivors of domestic abuse as they can, and, if that is not their area of practice, they should know three strong attorneys who do practice in this area. 9. While women’s leadership appears to be increasing in smaller nonprofits, medium to large organizations are still more likely to be run by a male CEO. What are your thoughts as to how this gender gap can be closed? This can only happen if those responsible for selecting leadership are deliberate about diversity and inclusion. Many of the boards that select executive leadership have their own issues with a lack of diversity. Mia Lorick, Partner, Locke Lord LLP | Founder of the Suited for Success Scholarship 1. Tell us a bit about your professional background and what led you to your current position. I am a litigation and appellate partner at Locke Lord LLP. My undergraduate degree is a Bachelor of Fine Arts in Modern Dance, and I attended the University of Houston Law Center for law school. My performance background is what sparked my interest in ligation during law school. To this day, I love the performance aspect of being in the courtroom. As a young lawyer, I was given the opportunity to try cases and handle appellate arguments. I started at a Texas-based firm, and from day one I was
determined to get as much experience as possible. I did that by volunteering to help other lawyers on cases, speaking at CLEs, and learning from more experienced lawyers. After six years, I lateralled to my current role with Locke Lord, and I love it here. 2. What achievement –personal or professional– are you most proud of? I am most proud of becoming board certified in civil appellate law after only five years of practice. Not only was I able to achieve the experience level required to sit for the exam, but I also studied for several months while maintaining my billable hours at work and being a mom to a three-year-old. I knew the exam would be difficult because, at the time, the pass rate was 20%. So, during the three months leading up to the exam, I woke up at 4:30 a.m. every day and studied for three hours. It was brutal. But I did it, and I passed. 3. What women have inspired you –per-
sonally, professionally, or both— and why? Personally, I am inspired by my mom. She was widowed at the age of 36 with three young children, and I never once saw her lose her “fight.” She raised me and my sisters to be strong, empathetic women, and I want to be just like her when I grow up. Professionally, I am inspired by Justice Eva Guzman. Often seated amongst men who do not look like her, she has never let that slow her ambition or her career. And, despite her accomplishments, she is extremely kind and humble. A few years ago, I mustered up the courage to approach her after a CLE to tell her how much she inspired me, and she gave me the best advice: to never think I’m too young or don’t have enough experience to go after a career goal. It was this advice that made me believe I could take and pass the board certification exam. And, a year later, when I applied to sit for the exam, Justice Guzman graciously agreed to be my reference.
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4. Why, in your opinion, are women natural-born leaders? I don’t think all women are natural-born leaders, particularly those who while growing up repeatedly heard that they could not rise to the level of success men can. Can you blame them? Many women, myself included, strategically fight against this and choose to be leaders. We choose to speak up when it’s uncomfortable, we choose to sit at tables as the only women—and, in my case, often times the only person of color—and, we choose to gracefully accept the backlash that comes with shattering the glass ceiling. Yes, I am a leader. It may appear to be natural, but it took a lot of grit and fight to step into this role. 5. You’re the founder of the Suited for Success Scholarship, which awards law students the funds needed to buy a business suit for interviewing. What inspired you to establish this program? I was inspired to start the Suited for Success Scholarship because I remember being in law school and having sticker shock when buying my first suit. I bought one suit, and it cost $350. Over time, I realized that one suit wasn’t enough, and that I would need to spend a little more money if I wanted the suit to last longer than a year. It was a financial burden—one that I remember vividly. Luckily, I had family to help me. But that is not the case for many students. So, the scholarship is to provide law students with the money to buy a nice business suit. Wearing a poorly fitted, unmatched suit to an interview kills your confidence. I want to help students overcome that. 6. What long-term community impact do you hope it makes? I hope to expand the scholarship to every law school in Texas and increase donations so that more scholarships can be given each year. The impact is vast because it shows law students that this is not an elitist profession, but rather 32 January/February 2022
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one of inclusion and support. I hope the scholarship inspires other people to give back and that it helps foster a community of support and mentorship. Stacey E. Burke, Attorney and Owner, Stacey E. Burke, PC, Law Firm Marketing Solutions | Business Consultant Raising Visibility of Women Entrepreneurs 1. Tell us a bit about your professional background and what led you to your current position. I began working in the legal field during law school on cases ranging from mass toxic exposure claims along the Texas coast to poverty law matters in Los Angeles. I spent many of my first years of practice handling plaintiffs’ personal injury litigation cases with a strong focus on maritime injuries and industrial accidents, reaching the rank of senior associate before age 30. I was hired away from my first firm by a much larger firm to work on more complex catastrophic injury and wrongful death cases—along with a very large volume of class action and mass tort cases—as a partner. I left the partnership in 2013 with no intention of starting my own business. I was taking a mental health break from what had become a stressful and sometimes toxic environment to spend more time as a single parent of two young children. During what was intended as a hiatus, I was bombarded with requests for consulting assistance from my former competitors, and thus my consulting business was born. 2. What achievement—personal or professional—are you most proud of? I am most proud of being a true entrepreneur—using solely my own funds and no loans to start my company as a single working mother and growing it from a business of one (just me) to now seven
full-time employees and two contract workers. This shows my two daughters that their mother is a successful, industry-recognized expert— and I achieved this not by choosing the path already paved, but by forging my own way even when it was scary and financially risky in order to provide them with more access to me and to model for them that a woman can do it all herself. 3. What are you currently reading? I am reading Contemporary Left Antisemitism by David Hirsch. The focus is on highlighting an ugly vein of bigotry that disfigures some substantial portions of the political left in the UK and beyond. In law school, I was the first Jew many of my classmates had ever met, which shocked me, although it should not have. I realized then, more than ever before, that I have to learn more about my identity because, whether I like it or not, I will serve as an example to others of what a Jew is. As antisemitism has increased worldwide in recent years, I have chosen to further educate myself on its root causes and how I can be of service to help eradicate false narratives and combat bigotry not just for Jews but for all marginalized groups. 4. You have a seasoned and highly respected business that provides marketing and business development consulting services to law firms. How has leading your own company empowered you? Leading my own company has meant creating success all on my own. Before, I was privileged to work with, and under, some of the most wonderful and supportive bosses in the business. But on my own, I could no longer hide behind my more successful and well-known partners and had to step out in front and be the face of my own professional destiny. It’s been alternatingly anxiety-inducing and liberating, but still remains at times uncomfortable for me. I built my entire prior career off of promoting the quality work of my employers and law partners, so self-promotion of myself as the prima-
ry talent does not come naturally for me. Not being able to avoid doing it, however, has empowered me to build up my own individual brand and achieve professional goals I never even considered having, such as prestigious speaking engagements and authoring pieces for respected publications. It is also extremely empowering to know that my work supports my family financially. 5. Why, in your opinion, is female business ownership visibility important? Female business ownership visibility is extremely important because the U.S. sadly lags behind many other democratic nations in addressing the pain points that inhibit women from becoming entrepreneurs, as well as in empowering women into executive and leadership roles within existing corporate structures. Women should become founders so they can empower more women to take on leadership roles and become founders themselves, thus ultimately removing the gender disparity in business ownership and leadership. In addition, women founders inspire younger women by showing them that regardless of gender identity, one can not only succeed professionally, but lead and own a business. Furthermore, by increasing the number of applicants and designees for these women-owned business funds and certifications, we show the government, and society in general, that women are a meaningful component of the capitalist structure who need to be financed and considered as equals in businesses. Sofia Adrogué Partner, Diamond McCarthy LLP | Author, Consultant & Civic Leader [Sofia Adrogué (far right) with her daughter, Sloane Adrogué Gustafson, and U.S. Supreme Court Justice Sonia Sotomayor] 1. Tell us a bit about your professional
background and what led you to your current position. I am a bilingual native of Argentina, a litigator of 25-plus years who recently celebrated my 10th anniversary as a Texas Super Lawyer and was featured as one of six Texas Super Lawyer immigrants in the state. Having commenced my career in Houston at Susman Godfrey, I am a trial partner with Diamond McCarthy LLP, a national business litigation and insolvency boutique. I have handled matters for clients in diverse industries in Texas, Buenos Aires, and Mexico City—among other places— and have obtained favorable judgments and settlements on behalf of both plaintiffs and defendants in U.S. state and federal courts and in ADR proceedings. At the outset of my career, I taught mass torts as an adjunct professor at the University of Houston Law Center and had the honor of clerking for the Hon. Jerre S. Williams, U.S. Court of Appeals, Fifth Circuit. 2. What achievement –personal or professional– are you most proud of? Personally, my nuclear family, particularly my children, has taught me about “summit climbing.” My two daughters, Sloane and Schuyler, and my son, Stefan, have provided me the base from which to climb successfully, and, ideally, one day, reach the summit. Seeking to simultaneously navigate my professional and community endeavors, while truly difficult to selectively highlight, I am humbled to have been selected as one of “The 25 U.S. Most Influential Hispanic Lawyers” and “Most Powerful Women in Law” by Latino Leaders; a World Affairs Council of Greater Houston “Global Leader of Influence”; a Comcast Hispanic Hero; a Greater Houston Women’s Chamber “Hall of Fame” inductee; a Houston Chronicle “Texas Legend” and one of ten “Extraordinary Latinos”; a UH Law Center Immigration Clinic “Arrival Awards Immigrant Achievement” Honoree; a Houston Jaycees “Outstand-
ing Houstonian”; a Texas Jaycees “Outstanding Texan”; and a U.S. Jaycees “Outstanding Young American.” Of significant import as well, I envisioned, and I am the editor of ALM’s Texas Business Litigation treatise, with Hon. Caroline Baker as the co-editor and a 5th Edition (over 2,000 pages) just published—a true labor of love. 3. Who or what served as the catalyst for your decades-long commitment to serving and empowering others? Although 5,000 miles away from my place of birth, there is no doubt that as a Houstonian I am inordinately proud of the endless possibilities of our city. I concur with Dr. Stephen Klineberg, Founding Director of the Kinder Institute for Urban Research at Rice University, who praises Houston as a “Prophetic City” that is at the “Cusp of a Changing America.” The U.S. is the land of opportunity where meritocracy and egalitarianism flourish and where education is the great equalizer; I am such a product. Born in Buenos Aires, Argentina, I immigrated to the U.S. at the age of eight with my father, Dr. Horacio J. Adrogué, my mother, Sara Oyenard Adrogué, and my four siblings (Horacio E., Soledad, Matias, and Marcos). The Adrogués arrived in Boston at Logan Airport with fourteen suitcases, speaking little to no English, originally funded by a $5,000 grant from the World Health Organization. Seeking to return in multiples all the opportunities this country has provided me, I hope my efforts evidence my passion, leadership, and commitment to this nation and its diverse population. 4. Which of your community service experiences has impacted you the most and why? Throughout my life, particularly in the last twenty-five years, I have sought to express in a tangible manner my sincere devotion to not only my professional endeavors, but also to community service, believing the Jaycees motto that “service to humanity is the best work of life.”
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Although it is challenging to highlight one, I am proud of the Youth Leadership Forum (“YLF”) for Houston’s Youth at Rice University that I envisioned and co-founded with Hon. Caroline Baker over 15 years ago. The biannual event for high school students draws 350 of Houston’s aspiring leaders from a crosssection of Houston schools, including Cristo Rey Jesuit College Preparatory School of Houston, Chinquapin College Preparatory School, AAMA’s George I. Sanchez Charter High School, and YES Preparatory Public Schools, among others. With a mission to Engage, Educate & Empower—By Service We Lead, we developed YLF to provide youth with educational opportunities outside of a traditional classroom, address leadership, general governance, and an insight that with education and hard work, our youth may ideally accomplish their dreams. Notable past participants include Hon. James A. Baker, Hon. Al Gonzalez, Hon. Eva Guzman, and Hon. Sylvester Turner, among many other elected officials, business professionals, and community leaders. 5. How, in your opinion, does giving back make us more effective professionals and advocates? The global humanitarian challenge of COVID-19 upended every aspect of life, threatening both lives and livelihoods. As we transition into 2022, we are faced with the greatest leadership tests of our lifetimes— professionally and personally. Serving on nonprofit boards, the Houston Bar Association, or a grassroots community organization exposes us to a cross-section of humanity, allowing us to use our skills as advocates and facilitators, and furthers our appreciation of the diversity of leadership styles and opportunities for pragmatic, authentic impact. Such dedicated work and service inure to our benefit as we then seek to resolve a litany of issues, from the simplest to the most complex, of commensurate benefit to our clients and our practice. 34 January/February 2022
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Justine Faranof, Lawyer, The Mindful Law Firm™ | Wellness Advocate & Yoga Instructor 1. Tell us a bit about your professional background and what led you to your current position. I am the granddaughter of anti-apartheid activists, and justice is a profound North Star in my life. I am also a creative and studied documentary film as an undergrad at UT Austin. After working in the world of network news in LA, I returned to Texas, completed my Master’s in Public Health, clerked at the Texas Legislature, and got my J.D. at South Texas College of Law Houston. I then became a civil rights attorney, and my first job out of law school was the profound portfolio of Southwest Civil Rights Counsel for the Anti-Defamation League. I transitioned from nonprofit service to selfemployment in 2017, and my firm Justine Fanarof, PLLC offers a mindful and social justice-oriented approach to general counsel and ADR. I have taught yoga and mindfulness for two decades, and my firm also offers wellness consulting, coaching, and continuing education to the legal and medical fields. I believe wellness is a core personal and business value and enjoy supporting my clients in learning about the radical roots of self-care (thank you Audre Lorde), creating organizational mindfulness programs, and in growing global spaces of well-being. 2. What women have inspired you —personally, professionally, or both— and why? Gertrude Gelb—my maternal grandmother—was born in England in 1912, made to leave school at 14, and took a boat by herself to South Africa in 1937. She became a trade unionist, anti-apartheid activist, mother of three, and businesswoman. She was imprisoned by the racist government of South Africa, went on a
hunger strike, and was a banned person for many years. She came to live with us in Texas when I was in high school, and when Mandela was released from Robbin Island, she returned to South Africa to support the registration of women voters. She traveled the world solo, wore caftans, costume jewelry, and bright red lipstick. She taught me everything I can ever know about courage, community, and fortitude. One of my closest friends, Stacey Burke—Houston attorney, marketing maven, and businesswoman—is also a true inspiration. Stacey has been one of my most ardent supporters and friends since we were 14! She is mom to two beautiful daughters. Stacey and I share a deep commitment to social justice, antisemitism, gender equality, community work, and family. She continues to inspire me to work hard, practice diligently, and dance in the sand. My mom, Beverly Fanarof, is my greatest mentor. She worked for many years as a pediatric physical therapist and is a neurodevelopmental baby expert, successful businesswoman, amazing athlete (tennis, swimming, basketball, hiking, oh my!), and bridge player. She is a devoted mom and wife and excels at caring for her family and friends. She is a committed volunteer, active in a range of organizations, including Holocaust Museum Houston, and is deeply respected and loved by everyone who knows her. She is the first person I go to when I need thoughtful and caring counsel and a good cup of tea. Marjorie Joseph, the Executive Director of Houston Coalition Against Hate, is a true friend, collaborator, and social justice and self-care comrade. She is a pure joy, and her compassionate and inclusive leadership style continues to teach me how to come from a place of power. I am grateful to work closely with MJ over the years and excited to see how our coalition continues to grow. 3. How has your wellness and yoga practice informed your approach to
practicing law? I am taking a big inhale and exhale and readjusting my posture as I read and respond to this question. The primary thing that my wellness and yoga practice has given me over the years is a practice that allows me to breathe, pause, and assess, to notice and feel, and to adjust and bring greater awareness to areas that are neglected. That practice may allow me to sit with a child who has been abandoned by their country and the legal system or the lawyer who is hitting the bar too hard. My practice teaches me that the work I do as a change agent and social justice advocate must include supporting changes to the criminal justice system, highlight the incarceration of Black and brown humans, and state a true desire to abolish the death penalty within my lifetime. My practices help me see things more clearly, to realize possibilities, alternatives, opportunities, spaces for closure, and change. I practice and teach mindfulness as tenderness and care in an embodied, justice-oriented sense. I hope that my legal practice, and the ways that I interact with my clients and colleagues, reflects that deep work of practice. As a student of ethics, the basic tenets of ancient traditions bring me closer to the daily practice of living a life of valor. The courage that I develop in my own life allows me to support others in their epic journeys. This
makes me a conscious, caring, responsive, and reflective partner to my clients and colleagues, and allows us to grow together through the uncertainty of life. 4. In addition to managing your practice, providing wellness and mindfulness training for attorneys, and teaching yoga, you also serve as Board President of Houston Coalition Against Hate. What is the connection between yoga and social justice, and how do you hope to use this unique intersectionality to effectuate change in our community? The ethical practices of yoga include a call to protection for all beings. In Sanskrit the term is ahimsa. We know this term as Dr. King’s call to non-violence, and we have so many opportunities to bring the vision of peace and security for all beings to a true reality. Climate justice, houselessness, income inequality, voting rights, the incarceration of Black and brown men and women, immigration reform, rights of the child, hate crimes, gender equality—these are all specific areas within the realm of social justice, and they all have the thread of protection embedded within them. What will it look like if we collectively assess our systems of injustice with a lens towards justice? What if we collaborate, connect, and come together as a community to create new possibilities, different realities, offer truth and reconciliation, and opportuni-
ties for growth and change? What if we look at things on micro and macro levels and commit to bringing more peace and ease into people’s lives? What if we don’t always neglect the qualitative in favor of the quantitative? I see this attention, this mindfulness, this awareness, this comprehensive understanding of complexity as the work of the social justice warrior, the yogi, the lawyer, and Houston Coalition Against Hate. There is no distinction between any of them, and there never was. When I see that the other person is me, I awaken into the reality that there is nothing more important than healing the world. Thank you so much for this amazing opportunity to share and connect with the readers of The Houston Lawyer—I know each of you is committed to deep practices of care and community, and I know any one of you reading this is also my greatest teacher. Jennifer R. Jenkins owns and manages her own law practice. She is licensed in state and federal court and practices in both criminal and civil defense. Commitment to service and community empowerment are a bedrock for the Law Office of Jennifer R. Jenkins. Jennifer Smith is Director of Communication and Associate Corporate Counsel at an oilfield services firm. She has worked in the oilfield industry for more than 20 years.
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TRIBUTES TO professionalism
W
e invited the women justices of the First and Fourteenth Court of Appeals of Texas to share their insights on professionalism by answering two questions: 1. What advice about professionalism would you give to young women in law?, and; 2. What does professionalism mean to you? First Court of Appeals
Justice Veronica Rivas-Molloy Place 3 1. Professionalism means working with excellence, hard work, and integrity. It means putting forth your best efforts in everything you do and having a high regard for your profession. 2. Your reputation will precede you. Have a strong work ethic, be trustworthy and dependable, and always treat your coworkers and adversaries with respect. Always work with excellence in mind. But do not assume opportunities will come based on your good work alone. Be bold and intentional about your professional goals. Always have a career plan and take intentional steps to advance your career objectives.
Justice April L. Farris Place 4 1. Professionalism means putting your best efforts into your work, turning work in on time, and demonstrating civility. It also means avoiding cheap shots and ad hominem attacks. 2. Your reputation is important. When 36 January/February 2022
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you turn in a good work product on time, your entire team can breathe easier. Everyone loves having smart, reliable people on the team. Judges and opposing counsel also notice your professionalism, and they will be inclined to regard you highly in the future.
Justice Amparo Monique Guerra Place 5 1. To me, professionalism is synonymous with civility. As famously stated by the late Supreme Court Justice Ruth Bader Ginsburg, “You can disagree without being disagreeable.” 2. Always do your best work and maintain your composure even when opposing counsel does not. Seek out mentors. While finding women lawyer mentors is helpful, do not discount the guidance and championing male lawyer mentors can provide. You may be surprised how many male lawyers will want to help you.
Justice Sarah Beth Landau Place 6 1. Professionalism comes in all sizes. It’s the macro of living your professional life as the lawyer you want to practice against and doing the right thing even when it’s the hard thing or the unpopular thing. It’s the micro of treating everyone in the courthouse (especially the non-lawyers) with respect and kindness while zealously advocating for your client to the very best of your ability, promptly returning emails, and serving the bar. It’s in every small decision you make in every case and every contact you make with anyone
in your professional capacity, as well as in every big decision you make about your career path. It’s kind of like The Force. Professionalism is not always being right, but it is admitting when you are wrong and making right. 2. If it feels extra hard to be a young woman in the law, you are not imagining it. You are often the Ginger Rogers to your male counterpart’s Fred Astaire, doing everything he does but backwards and in high heels, possibly while also being asked to smile more or being mistaken for a nonlawyer in every professional setting. It is challenging to strike the balance between being effective and being judged for not being what people expected. It is okay to be yourself and not what people expected. You are allowed to notice that the expectations placed on you are sometimes more or different than your male counterparts. Find a woman whose approach works for you and make an ally. Lift other women up and reach back to others who come after you. Professionalism is strength but expecting it from others is also strength.
Justice Julie Countiss Place 7 1. Professionalism means that I aim to always act with integrity. I can’t control the outcome of anything—all I can control is what I put into it. If I prioritize integrity in my work and in my professional relationships, I can let go of trying to control outcomes. Win or lose, bad or good—I know I put my best self out there. 2. There are many different types of law practices and workplace cultures. Choose one that suits you, where you are supported and respected and can do your best work. And if you find yourself in an unhappy work environment, do not be afraid to change jobs or practice ar-
TRIBUTES TO professionalism
eas. There’s nothing wrong with moving around a bit until you find your groove. Fourteenth Court of Appeals
Justice Frances Bourliot Place 5 1. Professionalism is striking a balance between doing what is best for your team while still maintaining your own integrity and your own boundaries. 2. My biggest piece of advice would be to seek and build a group of peers and mentors who can give you support, real world advice, and feedback. We all wear many hats and sometimes juggling being a counselor, advocate, researcher, mother, partner, spouse, sister, etc is overwhelming. Your support network is there to listen to you vent, give you advice, cheer on your successes, and share your sorrows. In short, your support network is there to help you keep balance in your life - to remind you what you are capable of and to help you maintain your boundaries.
Justice Margaret “Meg” Poissant Place 8 1. Professionalism, at its core, means following the Texas Code of Judicial Conduct to uphold and maintain the integrity and independence of the judiciary. The Canons of the Code of Judicial Conduct are, as noted in the Code, “basic standards” governing the conduct of all judges; as justices, and especially as women justices, our conduct affects the public’s perception of the judiciary and female justices, in particular. Our duty to fairly interpret the law, to examine each case carefully and decide issues based on impartial application of the law to the facts, is paramount to our duty of professionalism. Professionalism also encompasses personal conduct and behavior. As have
those that have come before us as women in the judiciary, we are setting an example for those who follow, and our personal conduct and behavior must be above reproach. 2. Always be the best example of an attorney. Strive for excellence in your daily life and practice, and never give up. The qualities that supported you in achieving your goal in becoming an attorney are the same qualities that will earn you success in your chosen area of the law. Be cordial to, and supportive of, your colleagues, and be respectful of the judiciary, your colleagues, your clients, and opposing counsel–even on those occasions when you think they are wrong. Your conduct as women attorneys also affects the public’s perception of women in our profession; perhaps even on a greater scale. This is a responsibility as well as a privilege. By maintaining professionalism, you maintain your integrity and your credibility with the judiciary and with other attorneys.
Justice Meagan Hassan Place 6 1. Professionalism is, at its heart, kindness. It is empathy and understanding that your opponent or colleague is a human being with their own beliefs and experiences. Kindness is distinct from niceness, and sometimes people (especially women) conflate them and make the mistake of trying to be nice either to get concessions from others or to be liked. 2. Kindness and empathy will serve you better (and carry you farther) than niceness alone. thehoustonlawyer.com
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VETERAN SPOTLIGHT
Chauntelle R. Wood
to speaking to general officers: one-, two-, three-, and four-star generals. There was an event at my base where the general of the Air Force Reserve Command was in attendance,” she By Kylie Loya explained. “I thought it was so cool to see a general up close hauntelle R. Wood has been a licensed attorney now that I mistakenly skipped the line over higher-ranked officers for the same amount of time she honorably served and walked right up to him and began to engage in conversain the United States Air Force Reserve - eight years. tion.” After speaking for about five minutes, the general asked Though at first glean the two may seem vastly difChauntelle if they could take a photo together, which ended up ferent, Chauntelle has identified many parallels being printed in her wing’s monthly paper. “It was a funny and between her time in the memorable story of young confidence and youthfulness. I am military and the practice still teased about this today by members of my old unit.” of law. She credits the Air Despite the gallantry that defined her military career, Force for her discipline, Chauntelle notes the unfortunate reality that this is not always directness, assertiveness, the case for some veterans, many of whom suffer with undiand drive—skills that are agnosed or untreated mental health challenges: “As a result invaluable as a senior asof that, some veterans are put out of the military for reasons sociate practicing comthat are perhaps not fair, and they mercial litigation and are forced to fight to have their oil and gas litigation at status changed to receive the miliBaker Botts L.L.P., an intary benefits they really deserve,” ternational law firm with shared Chauntelle. a network of offices around the globe. An expeVeterans receive a designation rienced first-chair trial lawyer, Chauntelle repupon departure from the military. resents companies in a broad range of civil and Though most receive honorable diswhite-collar criminal matters and has tried over charges, there are instances where forty jury and bench trials. But the influence of a service member receives a less her military experience didn’t stop at enhancthan honorable discharge. Veterans ing her trial advocacy skills; it’s even influenced with this type of discharge may Chauntelle’s choice in attire: “I felt so proud be ineligible to receive disability wearing my Air Force uniform and I started to compensation, educational, health take a lot of pride in my professional appearance care, or vocational benefits, which as a result.” many rely on post-service. Military Chauntelle first contemplated joining the milidischarges and their impact on vettary after speaking with a hometown friend who Chauntelle R. Wood eran benefits—including eligibility had already joined, ultimately deciding to enlist in the Air for mental health care—is a complex and sensitive issue which Force (“Planes fascinate me, so I wanted to be close to them!”). Chauntelle hopes gains more awareness: “I think people are During her service as staff sergeant in the Air Force, Chaunbecoming more generally aware of this,” she explained, “but telle was awarded both the Air Force Commendation Medal there is still a long way to go.” and the Air Force Reserve Meritorious Service Medal in 2010. A remarkable woman with a blossoming legal profession and “Being in the Air Force is the proudest I’ve been in my life,” an empathetic spirit, Chauntelle represents the best of young Chauntelle said. “It was such a great experience for me.” veterans who recognize the challenging experiences of her felReflecting on her distinguished military career, Chauntelle low servicemembers. recalls a memorable story of when she was a young airman eager to meet one of the U.S. military’s highest-ranked officers: Kylie Loya is legal counsel with Houston METRO and a member “I hadn’t quite understood the chain of command as it relates of The Houston Lawyer editorial board. “Being in the Air Force is the proudest I’ve been in my life.” -Chauntelle R. Wood
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VETERAN SPOTLIGHT
Mirtala “Taly” Garza Oliveros
Taly did earn the respect of those around her, not only through her tireless dedication to the Air Force, but through the impressive accolades she achieved during her service, such as earning By Braden Riley the rank of Senior Airmen six months ahead of the standard proirtala “Taly” Garza Oliveros is no stranger to high motion date. Airmen are selected for nomination by their chain pressure jobs. As a Senior Airman in the United of command based on a litany of tests and traits, including perStates Air Force, she faced high stress on a daily basis formance scores related to leadership, followership, and airmen as she loaded weapons onto F-15’s and F-16’s along concepts. Those who go through this rigorous process are also with her colleagues on the weapons team. These required to face a final interview with a board of senior leaders days, Taly is well-equipped to who review a bulleted package of the Airman’s major accomplishhandle life as an employment, ments and attributes. Taly’s achievements did not stop there, howcommercial and health care ever. During her time in the military, she was also awarded the Air litigator for Scott Patton PC. Force Achievement Medal, the National Defense Service Medal, Taly served in the Air Force and the Global War on Terrorism Service Medal. after graduating high school. Taly served four-and-a-half years in the Air Force. After she As a first-generation college left, she continued to maintain her support for veteran causes and student, she was uncertain interests. During law school, Taly about the processes involved served as the law student represenand was concerned about tative for the American Bar Assonavigating challenges, such ciation’s Military & Veterans Health as loans, campus living, and Law Interest Group, which focused college applications. As a result, she chose to enon unique health law issues pertainlist in the Air Force for multiple reasons. “First, it ing to active military and veterans. was appealing to me to be able to serve my country Now, a practicing lawyer, Taly conand be part of something bigger than just myself,” tinues to maintain her connections shared Taly. “Second, the Air Force provided the to veterans and the military. Taly opportunity to get an education without incurring considers her ongoing service to vetstudent loans. And third, I wanted to travel and see erans particularly important because the world.” she recognizes the disconnect that Life in the Air Force was not always easy. As a many veterans experience when they weapons load crew member for F-15’s and F-16’s, come back home after being away Taly worked in load crews of three members. Each from their community for so long. member had specific tasks. Weapons loads had to “The public should be more aware of be done safely and efficiently, which taught Taly the Mirtala “Taly” Garza Oliveros this transition period, when veterans importance of teamwork and communication, traits that continue are integrating back into civilian life,” she explained. “It’s importo serve her to this day. “As a young Hispanic female, I had to learn tant that friends and families of newly separated veterans reach how to earn the respect of my male peers and higher-ranking inout to them to connect.” dividuals,” said Taly. To Taly, being a veteran means being someone who is willing to Acclimating to life in the military proved to be quite difficult in sacrifice their life to serve and protect our country, freedom, and the beginning, as Taly often had to confront situations in which individual rights. Now out of the military, Taly carries that messhe was disrespected, which she boldly responded to with dignity sage of service to her community throughout the rest of her life’s and perseverance. “I knew I had to be better and did not have the endeavors. luxury to allow myself to lose my composure. But I believe that by being hard working and respectful towards others, I was able to Braden Riley is an associate attorney at Cozen O’Connor practiceventually earn that respect.” ing in the areas of commercial litigation and insurance coverage. “Being a veteran means always willing to serve others and the community in any way possible.” -Mirtala “Taly” Garza Oliveros
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Committee spotlight
Gender Fairness Committee:
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Closing the Physical—and Disparity—Gap
The Houston Lawyer
By Catherine North Hounfodji
hough it sounds trite by now, the 2020-2021 bar year equality. Founded in 2003, the committee focused on advancing was unlike any other. Believing we would be able to the cause of women. Shortly thereafter, the committee created meet in-person soon, the Gender Fairness Committee the first Gender Fairness Commitment Statement, encouraging intended to find a silver lining in the interim. Our goal law firms to publicly commit to the cause of gender equality. was to broaden support by encouraging participation The statement was revised in 2018 to renew awareness of this from different kinds and sizes of legal employers and focusing on work and to promote targeted, measurable goals. And while the a larger geographic 2018 statement was area beyond downwell-received, there town Houston. We was work still to be were delighted that done. this is precisely Looking at the what happened. statement in 2020, Since March one thing was 2020, the commitclear—gender fairtee has held more ness extends bethan seven (viryond cisgender tual!) programs. women. In June 2020, the Unanimously apmanagement briefproved by the HBA ing provided proBoard of Directors, fession-wide data the 2021 Gender and a robust toolkit Fairness Committo aid firm management Statement ment in the work expands the undertoward gender par- The HBA Gender Fairness Committee hosted a virtual panel discussing how to integrate flexible and standing of gender ity. That fall, we remote work into the legal workplace on September 28, 2021. diversity to include hosted programs on business development and how to juggle transgender and gender non-conforming individuals. Additiona legal career with pandemic caregiving. In spring 2021, we ally, it broadens the aspirational language to better accommopresented an all-star panel of women who are former Houston date a variety of legal employers, creating flexibility to commit Bar Association Presidents, moderated by then-incoming HBA to achievable goals. President Jennifer A. Hasley. The committee has presented a few With over 70 signatories to date, we continue the work of enexcellent programs in recent months addressing the pandemicgaging our colleagues so that more Houston law firms and legal related challenges of remote work and persistent stress. departments commit to this important next step toward meanThe committee’s annual Speed Mentoring event presented ingful, measurable, and equitable gender diversity. We invite you unique challenges. By pivoting to a virtual format, we continued to walk alongside us. this well-loved tradition and facilitated nearly 1,000 mentormentee introductions, though we dare to hope that we can all Catherine North Hounfodji is a commercial litigator at Morgan, meet in-person for the 2022 event. Lewis & Bockius LLP, where she also counsels clients on retail, In addition to programming, the Gender Fairness Committee ecommerce, logistics, and data privacy matters. She was a co-chair encourages legal employers to commit to the cause of gender of the Gender Fairness Committee for the 2020-2021 bar year. 40 January/February 2022
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A Profile
in pro f e s s i o n ali s m
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Amanda McMillian President and CEO, United Way of Greater Houston
n my current role at United Way of Greater Houston, I often joke that I am a “recovering lawyer,” which always garners a laugh. But the personal tenets of professionalism I have endeavored to serve over my legal career are just as important in my job today as they were during my more “lawyerly” days. Indeed, the concepts of personal dignity, integrity, and independence enshrined in the Texas Lawyer’s Creed are possibly even more important to my work now than they ever have been. I don’t have an exciting origin story. In fact, my story is all too common. I grew up in a small town in East Texas, where my mom worked in retail and my dad worked for the prison system. My family was a loving one and we worked hard, but like so many other families across our community, we were one medical issue, or one major car repair, away from financial disaster. Frankly, lawyering was my path to financial stability and independence. It was my way out. But from my first high school mock trial team on, I learned that the principles of professionalism we are duty-bound to serve were the foundation for so much more than a steady paycheck. At heart, our legal profession is a service industry, in which service reflects interdependence and cooperation, not simply a transaction. These elements of professionalism are also the bedrock principles for civic engagement and community leadership. You see them everywhere, from the Texas Lawyer’s Creed to the United Nations Charter, which in its preamble reaffirms the dignity and worth of the human person and seeks to serve justice, social progress, and better standards of life. These common threads are there for a reason. When we faithfully serve the tenets of our professional creed, our entire community benefits.
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January/February 2022
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A Profile in Professionalism:
Women in the Law
The Hon. Sherry Radack
The Houston Lawyer
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Sherry Radack was appointed Chief Justice of the First Court of Appeals in December 2002 and then elected in 2004. Prior to her tenure on the First Court of Appeals, she was elected in 1998 to serve as a civil district judge in Harris County. Before coming to the bench, Chief Justice Radack practiced with Bracewell LLP (f/k/a Bracewell and Patterson). She received a law degree from the University of Houston School of Law and a bachelor’s degree from Rice University. Before entering law school, Chief Justice Radack taught Spanish and French in Houston-area middle schools. Chief Justice Radack is married to Steve Radack. They have four sons.
years as Harris County Commissioner Precinct Three, four years enacity is the willingness to steadfastly strive to as Harris County Constable Precinct Five, and ten years on the achieve a goal despite the challenges. Houston Police Department. As a result, I ran and was elected to I went to law school later in life, after my four sons serve as a Harris County civil district were born. At a point in my judge, a seat that I held for three years. law career, a group of my felDuring that time, I met hundreds of low trial-court judges nicknamed me fine lawyers and worked with a group “Car-Wreck Radack” because of the of dedicated staff. I found that I parlarge number of personal-injury cases ticularly loved working with juries. I had inherited. Looking back, the soIt was rewarding to see members of briquet was apt because, ironically, it our community who had initially exwas the host of personal injuries I had pressed reluctance to serve as jurors sustained in a previous car wreck that become engrossed in the cases and in had served as my initial impetus to go the process—some to the degree that to law school. they began arriving each day with For several months after the accibaked goods for their fellow jurors. dent, I underwent cognitive rehabiliWhen a vacancy occurred on the tation to overcome my injuries. They First Court of Appeals, I was excited say that water cuts through rock, not to apply for the position. After servbecause of its power, but because of ing as an associate justice for a year, its steady persistence. As part of my I was appointed as Chief Justice. The recovery, I used the study materials position has opened so many avenues for the GED, SAT, and, eventually, the of opportunity to view the judiciary. I LSAT. On a whim, I sent my LSAT have participated on boards, chaired score to the University of Houston organizations, and learned many difLaw Center. I was surprised to learn ferent perspectives from experts in that my score allowed me to enter law the law all across the country. What school. The Hon. Sherry Radack, Chief Justice, an honor it has been to work with my While in law school, I found myself First Court of Appeals of Texas. fellow justices, the court staff, and the lawyers at the court and in relishing the challenge, but not yet totally equipped to learn in the community toward making ours a better legal system for us a group setting. Accordingly, I taped every class and went home all. Despite the challenges we face in our work, and in our lives, and typed the words from the tapes to study for finals. Borne of we owe our very best efforts. In the cases with which we are ennecessity, I had the best study notes of them all. trusted, lives and livelihoods are at stake, and the consequences After finishing law school, I went to work for Bracewell and can be dire. Children lose their parents, and parents lose their Patterson, where I had such wonderful mentors and outstandchildren. Litigants potentially face lifelong prison sentences and ing clients. I developed lifelong friendships from that experiothers potentially face financial ruin. For their sake, there is no ence. halfway-finished product: good enough is not enough. We owe Over time, I learned about the love of public service from them our tenacity. my husband, Steve—who has recently retired after serving 32 42 January/February 2022
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A Profile in Professionalism:
Women in the Law
The Hon. Kem Thompson Frost Kem Frost served on the 14th Court of Appeals for nearly 22 years, retiring as Chief Justice at year-end 2020. Before becoming a judge, she enjoyed a 15-year litigation practice, first with Liddell, Sapp & Zivley (now Locke Lord LLP) and then with Winstead, P.C. A native Houstonian, she holds a B.A. and a B.B.A. from The University of Texas, a J.D. from Texas Tech Law School, and an LL.M. from Duke Law School. She has received many honors and awards. Married for 33 years, she and her husband Fred, Executive Counsel at ExxonMobil, have four sons.
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a sisterhood that endures to this day. hen I began my legal career 38 years ago, More than friends, some of these colleagues were role modwomen attorneys wore bow ties, cummerels and mentors—women who lived large in the law. I drew bunds, and skirted versions of men’s suits. inspiration from their best qualiFax machines were ties—the one or two traits in each cutting-edge technolof them that seemed to drive their ogy, and lawyers with document-rich success. The composite is a marvel, practices managed boxes rather than a dynamo, a true professional. She thumb drives. If I had owned a cell sets high standards and meets them. phone, it would have been too big to She models teamwork, confidence, fit in my purse. Professional life was gratitude, and good humor. She is both simpler and more complicated. a master of preparation, priorities, Then, as now, the rigor and pace of and professionalism. In managing a a demanding practice took its toll, crisis, she understands the danger but we professional women got along of inaction. She takes risks and adwith a little help from our friends. mits mistakes. She perseveres. She When motherhood brought four delivers value and recognizes it in sons in less than five years—and a others. She is always growing, learnwhole new set of responsibilities at ing, and adapting. In answering the home—I learned firsthand the chalhigh calling of her life in the law, lenges of balancing marriage, family, she goes beyond serving her clients and career, both at the law firm and and her profession to the sweet spot on the bench. The experiences tested where she gives her time and talents my fortitude and strengthened my The Hon. Kem Thompson Frost, Retired Chief Justice, Texas 14th Court of Appeals to meet the needs of her community. faith. And, they brought into sharper Like the virtuous woman of Proverbs 31, she knows the worth focus the blessing of women colleagues. Standing in the gap of her work. for one another during that season of life, we forged bonds in
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January/February 2022
43
A Profile in Professionalism:
Law in the Family
The Christopher Family
The Houston Lawyer
Tracy Christopher is Chief Justice of the Fourteenth Court of Appeals. Vance Christopher is a shareholder in Crain Caton, specializing in business and fiduciary litigation. Their daughter, Sarah Christopher Foley, is an environmental and natural resources partner at Best Best & Krieger, a national firm with Texas attorneys doing environmental, flood control, public infrastructure, and development work in Houston and the Gulf Coast. Vance and Tracy are both first-generation lawyers. They thought all three of their children would be good lawyers, but only Sarah chose that path. Their other children are Julia, a government consultant at Deloitte, and Jeff, a STEM high school math teacher. With six grandchildren, Vance and Tracy hope to see a third-generation lawyer in the family tors and now I enjoy mentoring the next generation of lawyers. Tracy: Vance and I met and fell in love at the University of Texas Sarah: Growing up with two lawyer parents meant early expoLaw School. We graduated in May 1981 and were married one sure to the concepts of making your case, evidentiary support, week later. We started our legal careers in Houston. I started with and appeals to alternative arbiVinson & Elkins and Vance with ters of justice (which could be the Harris County District Attormom or dad, depending on how neys’ office. the argument was going). My Vance: As a prosecutor, I tried school papers were always wella lot of jury trials. I was in trial edited with a healthy dose of red when our first daughter, Sarah, ink. As a classics and philosophy was born. After being up all night, major at UT, law school was a I called the judge to tell him about foregone conclusion. After enour daughter. He said “Congratujoying numerous environmental lations, Mr. Christopher. Closing law courses at SMU’s Dedman arguments are at 11:00 a.m.” School of Law, I was determined Tracy: Vance raced off to argue. I to practice environmental law. I expected him back around 2:00 Tracy and Vance Christopher on a favorite dude ranch vacation in now focus on water resource litip.m. because another lawyer was Colorado, with their adult children, spouses, and grandchildren. gation and water supply planning issues. Our daughters, ages 6 going to wait for the verdict. He finally showed up at 10:00 p.m.! and 4, are already displaying judicial and litigious temperaments. Closing arguments ran late, his car was towed because he was Julia: Having two lawyer parents meant living with people who parked on the street after 5:00 p.m., and it took him a while to get are very curious and very vocal about doing the right, fair thing, his car back from the impound lot. But – he won his case. even when it’s hard or unpopular. I learned the importance of askTracy and Vance: We both changed jobs. Tracy went to Susman ing smart questions, being open to differing opinions, and being Godfrey and Vance went to Crain Caton. We quickly had two a staunch advocate. I also learned that your spouse can be an immore children, Julia and Jeff. Tracy worked part-time when the portant behind-the-scenes ally in dealing with office politics and kids were young but still managed a three-month jury trial while your profession. My daughter’s preschool teacher thinks she will at Susman. Vance continued trying jury trials and became a partbe an attorney general some day! ner at Crain Caton. He is a member of the American Board of Trial Jeff: As a child of two lawyers, arguing and presenting evidence Advocates. We are both double board certified. was part of the family. We had many dinner table discussions/ Tracy: I always wanted to be a judge and became the judge of the arguments where we would resort to the dictionary to prove our 295th District Court in 1994. My son, Jeff, was bored at my invespoints. It still happens now when we get together (although we titure and slid down the central marble staircase during the recepjust use our smartphones). My daughter has the makings of a fution. I moved to the Court of Appeals in 2009. When I was sworn ture lawyer. She believes in the letter of the law. in as Chief Justice in 2021, a granddaughter recreated the staircase Tracy and Vance: We believe in the legal profession, do not like caper. I have loved my time as a trial judge and appellate justice. bad lawyer jokes, and hope that our service as a lawyer and a Vance: Trials are an important part of ensuring that the rule of law judge has always followed The Texas Lawyer’s Creed. We believe prevails in our country. I am proud of my role in the legal system. I in it “for no other reason than it is right.” was fortunate to watch and learn how to try cases from great men44 January/February 2022
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By Maggie Martin
Outstanding Women Within the HBA:
Harris County District Attorney Kim Ogg
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hroughout this issue, we have strived to elevate the voices of the outstanding women dedicated to the greater Houston legal community. The Houston Bar Association is incredibly fortunate to count many of these women among its members. That includes Harris County District Attorney Kim Ogg, who co-chairs the HBA LGBTQ+ Committee, is a frequent speaker and attendee at our events, and has encouraged every assistant district attorney to join the HBA and actively participate. We asked DA Ogg to share her experience as an HBA member and how she has promoted professionalism through her position.
understand that justice has to be administered professionally i.e. with integrity and honesty, in addition to efficiency and understanding. We applaud and commend professionalism and we move swiftly when we see a lack of professionalism
How do you use your leadership to promote professionalism? To me, professionalism is synonymous with integrity and honesty, which are the guiding principles of this office. People expect public safety and fair treatment from their district attorney. They expect to be kept safe, and they expect fair courts and a fair system. That means everyone who works in this office has to
We thank DA Ogg and the countless other women who dedicate their resources and time to furthering the mission of the Houston Bar Association.
How do you use your leadership position to promote the visibility of women in the legal profession? As the elected District Attorney of Harris County, my office is made up of about 800 people. Half of those people are lawyers and half are support staff. From the beginning, we knew that our ranks should look Why is your membership with the more like Houston than they had in the past. That meant we first had to HBA important to you? Beyond the collegiality of connecting work hard to recruit the incredibly talented women who have distinwith other members of the bar here guished legal careers but may not in Houston, which is always fun and enlightening, the HBA has a higher be looking for a new job, like Vivian DA Kim Ogg speaking at the HBA Senior Lawyers Committee purpose in that it is one of the few February 2022 forum, “The State of Our Criminal Justice King, our Chief of Staff, a woman places where we can take a moment System in Houston” at Brennan’s on February 1. of color who had a thriving defense and really reflect on whether we are living up the highest ideals practice. of our profession. In law school, I think we all hoped to graduate We also knew we had to recruit the best new lawyers from and use our skills to change the world. But with the day-to-day all three law schools in town and many that are out of state. practice of law, those lofty ideals can end up on the back burner. By focusing on getting the best people, we know that we will But as we work together as a diverse community of lawyers at generally hire equal numbers of men and women. Finding and the HBA, I often find that I am re-focused, re-energized and rehiring the most talented lawyers and staffers is just the first step invigorated to continue tackling the tough problems and trying though. As a leader, I have to give them the resources to succeed to change the world. and trust in their discretion to do the right things.
Maggie Martin is Managing Editor of The Houston Lawyer and Marketing and Communications Director at the HBA. thehoustonlawyer.com
January/February 2022
45
OFF THE RECORD
Making the World a Better Place, One Girl Scout at a Time
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By Anna Archer
third graders) and Ambassadors (eleventh and twelfth graders). The motto of their troop is “To Boldly Go Wherever There are S’mores!” Their favorite activity is camping, and they camp at least twice a year. The older girls (Cadettes, Seniors, and Ambassadors) recently pitched their tents at Caddo Lake State Park in Karnack, TX and earned their Survival Camper Badge, while the younger girls (Brownies) enjoyed their first overnight camping trip in Conroe where they cooked, cleaned, cared for the horses, learned campfire skills, and earned their Brownie Cabin Camper Bonnie Simmons and Hiker badges. They stay busy Most HBA members know Bonwith fall product or cookie sales, nie Simmons, the HBA Director of community service, earning badges, Projects and Events, from her work and working on Bronze, Silver, or with various committees and her Gold Awards. They are also planning involvement in HBA events. She is a spring break trip to New Orleans, also a Girl Scout leader. She has been doing her part to “make the world a HBA Director of Projects and Events Bonnie Simmons (right) with as well as a summer trip to Iceland. Bonnie, who is in charge of the better place” by helping out with her Arthur Fowler & Angelina Simmons. troop’s fall product sales in addition daughters’ Girl Scout troops for the to being a troop leader, spends a lot past fifteen years. of time on her volunteer work for the Bonnie started as a parent volunGirl Scouts. But she says that getting teer for her oldest daughter’s troop to know the girls and watching them when she lived in Virginia. After grow makes it all worthwhile. She moving to Texas in 2010, she signed encourages parents whose daughters up to volunteer again when her have an interest in Girl Scouts to get youngest daughter joined a troop in involved and notes that every parent kindergarten. The following year, in her troop is a registered volunteer. the troop’s leader needed to step Volunteer opportunities include bedown, and Bonnie and her friend, Clara Fowler, teamed up to take the Scouts gather to celebrate earning awards and perform a ing a driver for outings, teaching a badge, managing fall product sales or helm. They—along with a team of rededication ceremony. cookie sales, and, of course, leading or co-leading a troop.2 committed parent volunteers—lead a troop of girls ranging in age from five (Daisies) to eighteen (Ambassadors). There are nearly forty girls in Bonnie’s multi-level troop. The parShaden Newton ents decided to create a mixed-level troop because siblings wanted When Shaden Newton’s first-grade daughter asked her parents if to join, and then friends of siblings wanted to join, and they deshe could join Girl Scouts, the troop at her school met on weekdays, cided one big troop would be more convenient and fun. The parent had more than twenty girls in it already, and had a long waitlist. volunteers meet at the beginning of the year to plan events for the Shaden realized that even if she put her daughter on the waitlist and entire group. Then, each troop level meets twice a month. They all she was eventually able to join the troop, it would be difficult for occasionally meet together for activities such as camping and comShaden to volunteer, given her schedule as senior counsel for M&A munity service. Bonnie mainly works with Brownies (second and Continued on page 52
The Houston Lawyer
he Girl Scout Law, which Girl Scouts agree to “live by” when saying the Girl Scout pledge at their meetings, requires girls to “make the world a better place.”1 The two women featured in this article have gone above and beyond to do just that by volunteering, despite hectic work schedules, to lead their daughters’ Girl Scout troops. They are helping the girls in their troops to dream big and make a difference in the world.
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SECTION spotlight
Post-Pandemic Revival of the HBA Securities Litigation and Arbitration Section
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By Erin Friel Elmore and Scott D. Smith
he HBA Securities Litigation and Arbitration SecThe firm has extensive experience in securities and financial tion is rallying from the pandemic with revived CLE services litigation and arbitration and enjoys hosting a variety Speaker Luncheons. The section is hosting meetings of speakers for CLE lunches for its members. Included in the in the coming months, which are usually held at the list of high-profile speakers have been members of the Securities offices of Greenberg Traurig LLP. All presentation and Exchange Commission, the Financial Industry Regulatory dates can be found on the Authority (FINRA), and HBA website on the Securithe Texas State Securities ties Litigation & Arbitration Board. page at hba.org. Past program highlights Upcoming meetings ininclude “Cardiac Arrest: clude a presentation from Five Heart-Stopping Years former section chair, Matt as a CEO on the Feds’ Hit Henneman of Henneman List,” “Decline and (PossiRau Kirklin & Smith LLP. ble) Fall of the Protocol for Matt has had over 20 years Broker Recruiting,” “Data of experience serving as naAnalytics in Litigation and tional and regional litigation Regulatory Issues,” and counsel for several large se“The Future of Expungecurities firms and has reprement through FINRA Arbisented clients in courts and tration.” before arbitration panels in If you are interested in over 30 states. He is one of becoming a member of the Friel Elmore (third from left) and Scott D. Smith (second from right) with the most sought-after coun- Erin Securities Litigation and Henneman Rau Kirklin & Smith LLP co-chair the HBA Securities Litigation and selors by members of the Arbitration Section. Arbitration Section, or for banking and securities industry for issues related to business more information about the programs planned for 2022, please transition, regulatory compliance, and customer disputes. In visit hba.org. Additionally, if there are particular topics of interFebruary, Scott Fletcher and Kenneth Held of Fletcher & Held, est you would like to see discussed in future luncheons, please LLP shared their combined 50 years of experience in securities contact the section treasurer, Erin Friel Elmore, at efelmore@ litigation and discussed “2021 Securities Fraud and Fiduciary hrkslaw.com, or the section chair, Scott D. Smith, at sdsmith@ Duty Cases and Trends in Texas Federal and State Courts.” In hrkslaw.com. The section is always looking for input from its May, the section plans to bring in a member of the Texas State members as how to best suit the members’ needs. Securities Board to discuss how cryptocurrencies will affect our practice. Each meeting presents an opportunity to educate Erin Friel Elmore is of counsel with Henneman Rau Kirklin & yourself on up-and-coming topics pertinent to your field of inSmith LLP. She serves as treasurer of the Houston Bar Association’s terest, while earning an hour of CLE credit, a delightful lunch, Securities Litigation and Arbitration Section. and a networking opportunity with peers in your field. Scott D. Smith is a partner with Henneman Rau Kirklin & The Securities Litigation and Arbitration has been chaired by Smith LLP. He serves as chair of the Houston Bar Association’s an attorney from Henneman Rau Kirklin & Smith since 2016. Securities Litigation and Arbitration Section. thehoustonlawyer.com
January/February 2022
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LEGAL TRENDS
Hewitt v. Helix Energy Solutions Group: An Essay on Textualism
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By Don Foty
extualism is the view that the meaning of the law should be derived from the text of the law itself rather than, for instance, the legislative history of the statute. The late Supreme Court Justice Antonin Scalia was a famous proponent of textualism, describing the approach as follows: The meaning of terms on the statute books ought to be determined not on the basis of which meaning can be shown to have been understood by a larger handful of the Members of Congress, but rather on the basis of which meaning is [] most in accord with context and ordinary usage... I would not permit any of the historical and legislative material discussed by the Court, or all of it combined, to lead me to a result different.1
The Houston Lawyer
The Fifth Circuit was recently presented with an employment issue that had posed challenges to the lower courts: whether the payment of a day rate to a worker can satisfy the “salary basis” test for determining whether the worker is exempt from overtime pay. In resolving this issue, the Fifth Circuit reviewed the text of the federal regulations interpreting the Fair Labor Standards Act and performed a strict textualist analysis. In its opinion, the Fifth Circuit made clear that textualism is alive and well. Background In Hewitt, the plaintiff (“Hewitt”) worked as a “tool pusher” for Helix Energy Solutions Group (“Helix”).2 In that position, he managed other employees on an oil rig and was classified as exempt from overtime pay.3 Helix conceded that it paid Hewitt based solely on a day rate basis.4 That is, Helix admitted that it paid Hewitt a pre48 January/February 2022
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determined amount for each day that he worked.5 Helix also admitted that Hewitt was required to work more than forty hours each week but was not paid any overtime wages.6 Helix argued that Hewitt was not entitled to overtime wages because he was exempt from overtime pay under the executive exemption and the highly compensated exemption.7 To prevail, Helix was required to prove that it paid Hewitt on a “salary basis,” as defined by the regulations.8 Therefore, the issue presented to the Fifth Circuit was whether Helix’s day rate compensation policy qualified as a “salary.”9 The Fifth Circuit applied a textualist approach to determine whether a “day rate” constitutes a “salary” Hewitt argued that he was entitled to overtime pay because he was not paid on a salary basis.10 The Fifth Circuit agreed, stating: “[t]his appeal requires us to do nothing more than apply the plain text of the regulations.”11 The Fifth Circuit again stated: “Helix admits that Hewitt’s pay is ‘computed on a daily basis.’ ...If we are following the plain text of the regulations, that should be the end of the story.”12 However, the Fifth Circuit also determined that under 29 C.F.R. § 541.604(b), an employer is permitted to calculate payments to an employee on a daily basis without losing the exemption from overtime pay so long as the worker (1) is guaranteed a minimum weekly amount that is paid on a salary basis (without regard to the number of days or hours worked) and (2) a reasonable relationship exists between the guaranteed amount and the total compensation the worker received.13 In other words, an employer is permitted to pay a worker on a day rate basis without losing the exemption so long as the employer also pays a guaranteed weekly amount that does not depend upon the number of days worked and there is a reasonable relationship between the amount of the guarantee and the total weekly compensation the worker is paid.14 In response, Helix simply argued that it was not required to comply
with section 541.604(b).15 The Fifth Circuit concluded that section 541.604(b) applies to Helix and based upon the plain text of the regulation, Helix failed to meet either prong of section 541.604(b)16 First, Helix paid a day rate without a minimum weekly guaranteed amount.17 Second, Helix failed to comply with the reasonablerelationship test by paying Hewitt “orders of magnitude greater than the minimum weekly guaranteed amount theorized by Helix (Hewitt’s day rate).”18 The reasonable-relationship test applies to highly-compensated employees Helix argued at length that “extending overtime to highly-paid employees like Hewitt defies the purpose of the FLSA” as Hewitt’s compensation exceeded $200,000 per year.19 The Fifth Circuit rejected this policy-based argument and again referred to the plain text of the regulations, stating that there is “nothing in the text” of section 541.604(b) that indicates that it does not apply based on how much the employee is paid.20 Indeed, the Fifth Circuit emphasized that “an employer must comply with all relevant regulations. ...There is no principled basis for applying or ignoring 541.604(b) based on how much the employee is paid.”21 In other words, when the text of the regulation is clear, employers are required to follow it. The Fifth Circuit rejected policy-based arguments made by several states What was also unique about the Hewitt decision was the number of states who filed amicus briefs in support of Helix’s arguments. The States of Mississippi, Alabama, Louisiana, Montana, and Utah filed amicus briefs, arguing that the Fifth Circuit should interpret the regulations to not impose a “salary basis” test but, instead, courts should evaluate exemptions from overtime based upon the amount the worker earns.22 Yet again, the Fifth Circuit refused to deviate from the plain text of the regulations stating: “if it sounds like the five states are actually inviting us to ignore text, it’s because they are. After all, the
LEGAL TRENDS
five states fully admit that the regulations expressly impose a salary-basis test. ...Our duty is to interpret the text—not to ignore it.”23 Despite pressure from the oil and gas industry and several states, the Fifth Circuit applied the text as written. The Fifth Circuit concluded by saying: “Our job is to follow the text—not to bend the text to avoid perceived negative consequences for the business community. That is not because industry concerns are unimportant. It is because those concerns belong in the political branches, not the courts.”24
salary, no reasonable relationship exists. In that event, the worker would not be exempt from overtime pay because the worker was not paid on a “salary basis.” See 29 C.F.R. § 541.604(b). 15. Hewitt, 15 F. 4th at 296. 16. Id. at 294. 17. Id.
18. Id. 19. Id. at 296–97. 20. Id. at 297. 21. Id. (emphasis in original). 22. Id. at 299. 23. Id. (emphasis in original). 24. Id. at 298.
Conclusion Following Hewitt, employers must pay overtime wages to workers who are paid solely on a day rate basis. Likewise, the reasonable-relationship test applies regardless of how much an employee earns. More importantly, the Hewitt decision makes clear that the federal regulations must be followed and policy-based arguments cannot be relied upon when they are contrary to the plain text of the regulations. Ultimately, it appears that textualism is here to stay in the Fifth Circuit and employers are on notice that the plain text of the law must be followed. Don Foty, founding partner of Hodges & Foty LLP, is an experienced trial lawyer that specializes in representing individuals in class and collective action lawsuits, as well as those suffering from severe personal injuries. Endnotes
1. Green v. Bock Laundry Mach. Co., 490 U.S. 504, 528 (1989) Scalia, J., concurring. 2. Hewitt v. Helix Energy Solutions Grp., Inc., 15 F. 4th 289, 292 (5th Cir. 2021). 3. Id. 4. Id. 5. See id. 6. See id. 7. Id. 8. Id. 9. See id. at 292–93. 10. Id. at 293. 11. Id. 12. Id. 13. Id. at 293–94. 14. The reasonable-relationship test imposes the requirement that the total weekly compensation paid to the worker bears a reasonable relationship to the amount of the salary that the worker was guaranteed. If the total compensation received by the worker greatly exceeds the amount of the
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49
Media Reviews
Always a Bridesmaid, Never a Bride:
Shortlisted: Women in the Shadows of the Supreme Court
By Renee Knake Jefferson and Hannah Brenner Johnson Reviewed by Juliana Serrano
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The Houston Lawyer
hen once asked the question, “When would there be enough women on the U.S. Supreme Court?” the late U.S. Supreme Court Justice Ruth Bader Ginsburg, a staunch fighter for women’s rights, famously replied: “When there are nine.”1 When people looked aghast by her answer, she thought, “There’d been nine men, and nobody’s ever raised a question about that!” As Shortlisted tells us, only four of the 114 Supreme Court justices have been women. That is only 0.0035%. In Shortlisted: Women in the Shadows of the Supreme Court, authors Renee Knake Jefferson and Hannah Brenner Johnson discuss, supported with meticulous research, the absurd sexist prejudices that stopped many qualified women from serving on the Supreme Court of the United States. By telling the stories of these women, Shortlisted describes our nation’s past and present struggle with gender equality. With the inspiring stories of these overshadowed, extraordinary women, Shortlisted aims to highlight the importance of the representation of women and to realize the potential of our country. The Shortlist: “There’s just one thing wrong, she’s a woman.” The authors explain that pressure from the women’s movement led to the begrudging inclusion of women in lists presidents made to nominate the top lawyers to the Supreme Court. Even though including women in these shortlists seemed like a move forward 50 January/February 2022
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toward equal rights, Shortlisted explains the dangers of how past presidents have used these shortlists to “pay lip service to diversity and equality but fail to act.” The problem with the shortlist is many presidents did not want a woman justice. Still, they knew they could appease the pressure from the women’s movement by adding a couple of women to a shortlist of candidates to select for the Supreme Court, knowing they could choose the males.
or another high position can lead to the mistaken belief that we have eradicated inequality. This individual also carries the burden of being the voice for everyone in her community. The dangers of tokenism —gendered, racial, or otherwise— is that it gives the superficial appearance of equality; it is merely perfunctory or symbolic and does not indicate any legitimate efforts to embrace gender equality. The authors explore this matter in great detail.
Prejudices against women: “They complimented her by saying she had a masculine mind.” Shortlisted examines how the perpetration of traditional gender roles and biases shortlisted women, which led to inequality, not just in the Supreme Court, but in the highest echelons of every profession. The book points out that while there are more women than men entering law school, men far outnumbered women in the highest legal positions. The book further explores how beliefs about leadership default to traditional stereotypes about masculine behavior and that these beliefs are then used to make judgments about women at work. To be taken seriously in the workforce, women were forced to forsake femininity.
Conclusion Even after multiple waves of feminism, misogyny remains pervasive. Inescapable —and sometimes violent— prejudice is a common experience for women. Like most women, I knew about the biases against me from an early age. Shortlisted, however, lays the bigotry out. Shortlisted was illuminating for me as a woman. More specifically, as a Latina woman. I did not know, for example, that Latina women make up only 1.3% of attorneys in the United States. As the authors highlight, representation is essential, and the female perspective is paramount. If we do not select women from the shortlists, we miss out on a viewpoint on issues that affect over half of the population. In addition to laying out misogynistic behaviors, The Shortlist also provides actionable steps and solutions towards equality, such as looking inwardly into our biases. Let us fully understand what The Shortlist means when Renee Knake Jefferson and Hannah Brenner Johnson say we need more representation. Women make up the majority of the nation. Women should be the majority of decision makers in courts and other leadership roles.
Tokenism: “It was her gender, not her accomplishments that set her apart.” The authors further explain that while U.S. presidents have nominated women to the Supreme Court, we still have a long way to go to achieve gender equality, especially related to gender tokenism. Shortlisted provides many examples of why being the first and only woman in the Supreme Court was difficult: for example, not having a women’s bathroom. The first woman on the U.S. Supreme Court, Sandra Day O’Connor, started her job without a bathroom. She bore the burden of being the “first.” Electing a “token” individual to the court
Juliana Serrano is an immigration staff attorney with Houston YMCA International Services. She is part of the criminal justice division and assists immigrant victims of crimes, such as domestic violence and human trafficking, in obtaining immigration status. Endnotes 1.
PBS NewsHour, Justice Ginsburg on ‘enough women’ in the Supreme Court, YOUTUBE (Feb. 5, 2015), https://www. youtube.com/watch?v=vJs1H5tQlDc.
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Making the World a Better Place, One Girl Scout at a Time From page 46
at an international energy company. So, Shaden did some research, recruited a co-leader, and started a weekend Girl Scout troop. Shaden’s troop, which consists of eleven girls, is a Girl Scout Juniors (fourth and fifth grades) troop. Most of the girls are nine years old. Her troop likes to engage in community service activities such as preparing meal bags for food insecure children. This year, the troop has been able to meet in-person, and they are starting to undertake more camping and service-oriented projects. While acknowledging that being a Girl Scout leader is somewhat time consuming and takes a lot of commitment, Shaden loves watching the girls in her troop grow as leaders and explore new ideas and interests. She and her co-leader work hard to make sure that when the girls leave the meeting, they learned something, had fun, and are looking forward to meeting again. Shaden encourages any parents who want to get more involved to “research your options, interrogate your expectations, and then do it.” She notes that the “key to success,” whether you are signing your daughter up for Girl Scouts, volunteering to help out, or signing up to lead your own troop, is communication. And of course, it is important to ask for help if needed. In the end, you will be rewarded with watching your daughter and other girls in the troop grow into young leaders, and you will likely learn something about yourself along the way. For instance, Shaden recently learned how to build an oven out of a liquor box. And Shaden points out that one of the best benefits of leading a troop is early access to Girl Scout cookies! Bonnie and Shaden want to remind everyone that cookie sales are in full swing. While Shaden’s favorite Girl Scout cookie is Thin Mints, which she enjoys eating straight from the freezer, and Bonnie’s favorite is also Thin Mints, which she also emphasizes are best frozen, there is a new cookie to try this year—the Adventurefuls. And, speaking of adventure, Bonnie’s and Shaden’s time as Girl Scout leaders has been full of adventure and fun, and the time and commitment required to help to shape the next generation of women leaders will undoubtedly make our world a better place. Anna Archer is a career law clerk at the federal district court in Houston and an Associate Editor of The Houston Lawyer. Anna was a Girl Scout leader when her daughters were younger. She wants to thank all of the readers of The Houston Lawyer who volunteer for organizations that empower young women. Endnotes
1. See GIRL SCOUTS OF THE USA, PROMISE AND LAW, https://www.girlscouts.org/en/discover/about-us/what-girl-scouts-do/promise-and-law.html (last visited Nov. 29, 2021). The Girl Scout Law requires girls to be “honest and fair, friendly and helpful, considerate and caring, courageous and strong, and responsible for what [they] say and do.” It also mandates respect and requires girls to “use resources wisely, make the world a better place, and be a sister to every Girl Scout.” Id. 2. For more information on how to register your daughter for Girl Scouts or getting involved as a volunteer, visit www.gssjc.org.
Jessica Rodriguez-Wahlquist
Alex Farias-Sorrels
Ruth Rivera
Proven Lawyers. Proven Leaders. Proven Latinas. In 2021, Alex Farias-Sorrels co-founded Sorrels Law with the vision of assembling a team of Spanish-speaking lawyers to serve the largest growing population in Texas. Her vision was taken off the drawing board with the firm’s hires – most recently, Ruth Rivera joined Sorrels Law from a “Big Law” firm where she practiced insurance coverage. Alex believes bilingual attorneys help tear down language barriers that stand in the way of achieving justice for her clients. The attorneys of Sorrels Law continue to provide first-class representation to clients from all backgrounds. Alex Farias-Sorrels is an honors graduate from the University of Miami School of Law and a former briefing attorney at the Supreme Court of Texas. She worked at the international firm of Morgan Lewis for over five years, helping secure a $300 million arbitration award for one client. Most recently, she teamed with her partner to secure the largest jury verdict for an injured worker in Texas history, $352 million. Jessica Rodriguez-Wahlquist has been honored as a Super Lawyers Rising Star, Super Lawyers Top Women Attorneys in Texas, and as a Top 40 Under 40 Attorney by The National Trial Lawyers. Jessica prides herself in truly understanding the immigrant clientele, and has handled several highprofile cases. Born and raised in Guadalajara, Mexico, she is one of the nation’s first DACA beneficiaries to become a licensed attorney. Ruth Rivera is an honors graduate from the University of Houston Law Center, where she served as an editor of the Journal of Consumer and Commercial Law. Well-versed on litigation and insurance law, Ruth has advised insurance companies on coverage and contractual duties, as well as published articles on novel insurance issues. Ruth is a first-generation American and firstgeneration high school graduate.
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