Resilience: A Secret Weapon for Women in the Law The Impact of Intersectionality on the Career Advancement of Women of Color Pioneers In Houston Law The Rising Tide of Law Firm Pay Discrimination Suits Women Who Help Women in Nonprofit Law Working Moms Making It Work
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THE HOUSTON
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Volume 55 – Number 5
Women In The Law
March/April 2018
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contents March/April 2018
Volume 55 Number 5
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FEATURES A Secret Weapon for 10 Resilience: Women in the Law By Amanda Halter
You an Attorney Too?” 12 “Are The Impact of Intersectionality on the Career Advancement of Women of Color By Marissa Marquez
In Houston Law 16 Pioneers Judge Josefina Rendón By JesiKa Silva Blanco
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Frances Valdez By Natasha Bahri Shauna Johnson Clark By Emery Gullickson Richards
Rising Tide of Law Firm 20 The Pay Discrimination Suits By Modinat “Abby” Kotun
Gender Fairness 24 HBA’s Committee: Fifteen Years
Committed to Shattering the Glass Ceiling By Linda M. Glover
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Chair: Breaking Through 27 Second the Glass Ceiling to First Chair in Civil Litigation By Megan Schmid
Long Overdue 30 AByConversation Preston Hutson Who Help Women in 32 Women Nonprofit Law Jill Campbell By Joy Green
Syria Sinoski By Anietie Akpan
The Houston Lawyer
Cover: Some of the women attorneys and authors featured in our issue, from left to right. Top row: The Hon. Josefina M. Rendón, Megan Schmid, Taunya Painter, Syria Sinoski, Abby Kotun. Second row: Cheri Thomas, Marissa Marquez, Anietie Akpan, Anna Archer, Tracy LeRoy. Third row: Farrah Martinez, Polly Fohn, Emery Gullickson Richards, Joy Green, Michelle Scheffler. Bottom row: Shauna Clark, Frances Valdez, Amanda Halter, Jennie Basille, Linda Glover.
the Spirit of Service at 38 Honoring Foundation Luncheon John J. Eikenburg Law Week 40 33rd Fun Run Benefits The Center
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: Quantum/ SUR, 12818 Willow Centre Dr., Ste. B, Houston, TX 77066, 281-955-2449 ext 16, 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., 2017. All rights reserved.
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contents March/April 2018
Volume 55 Number 4
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departments Message 6 President’s We’ve Made Progress,
But Much Work Remains By Alistair B. Dawson
From the Editor 8 One Size Does Not Fit All By Farrah Martinez
Profile in professionalism 37 AEllyn Haikin Josef Vinson & Elkins LLP
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the record 42 Off Good Stewards of the Written
Word: Houston Attorneys Bring Books to African Nations By Kristen Lee
Lawyers Who 43 Houston Made a Difference
Lieutenant William B. Bates By The Hon. Mark Davidson
Trends 44 Legal #Metoo:
The Survivors
By Jessica L. Crutcher
#Metoo: Now What?
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By Sarah A. Duckers ReviewS 46 Media The Trial of Adolf Hitler: The Beer Hall
Putsch and the Rise of Nazi Germany Reviewed by Steve Wisch
Images with Impact: Design and Use of Winning Trial Visuals Reviewed by Poorav K. Rohatgi
The Houston Lawyer
48 Litigation MarketPlace
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president’s message By Alistair B. Dawson Beck Redden LLP
We’ve Made Progress, But Much Work Remains
The Houston Lawyer
I
I am so pleased to have this edition of The Houston Lawyer dedicated to the women in our profession. Women play an incredibly significant role in our profession, and it is appropriate to recognize their work and their contributions. In recent years, we have made some progress in improving equality for women in our profession. Sadly, in my lifetime, I remember open discrimination against women. Newspapers would publish ads for jobs that were segregated by gender. Employers legally paid women less than men for the same work. Women were denied credit cards or loans, and women were excluded from jury duty in most states. There were few women executives in corporations and until Justice Sandra Day O’Connor in 1981, no woman had ever served on the United States Supreme Court. Thankfully, the women’s movement started in the 1970s, and there has been some progress in gender equality since that movement began. Now, women regularly serve on the United States Supreme Court as well as State Supreme Courts around the country. Women have a more prominent role in the legal profession. While we have made progress, women are still not treated equally in the legal profession. For many years, women have represented 50% of those students enrolled in law schools in the United States. But women only occupy approximately 30% of the positions available in the United States judiciary.1 Similarly, only 24% of the general counsels for Fortune 500 companies are women.2 Incredibly, only 18% of law firm equity partners are women3 and only 31% of the law school deans are women.4 In a profession that should demand meritocracy, it is hard to believe that the 2015 Bureau of Labor statistics reveal that women are paid less than men in the legal profession. We must bring this bias, prejudice and discrimination that exists against women in our profession to an end. It is inexcusable. We advocate for and preach for equality for all people regardless of race, religion or gender. But sadly, we do not practice what we preach. The Gender Fairness Committee of the Houston Bar Association has recently revised its Gender Fairness Commitment Statement, wherein it asks firms, corporations and lawyers 6
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throughout Houston to agree to treat women equally, to increase the number of female partners, to promote opportunities for women and to improve gender parity. I encourage all law firms and corporations and lawyers in our community to adopt this Gender Fairness Commitment Statement. I am also worried about what I perceive as a response by some men to the #MeToo movement. I am concerned that some men may use the #MeToo movement as an excuse to discriminate against women. I have heard men claim that they will no longer go to lunch with a woman by themselves, will not travel with a woman by themselves and will not socialize after work with a woman by herself. Presumably, this would mean that a trial lawyer would not go to trial with a woman. No doubt, these men will not impose these same restrictions on their male colleagues. This is open discrimination and should not be permitted or condoned. It is also a completely inappropriate response to the #MeToo movement, which resulted from years of open sexual harassment and exploitation of women at a variety of venues across the country. This deplorable conduct should never have occurred in the first place and should have been stopped years ago. Instead of using the #MeToo movement as a weak excuse to revert to the discrimination of women, we should applaud those women who have the courage to come forward, and we should encourage the women in our profession to communicate any form of sexual harassment to appropriate individuals in their law firm, corporation, or within their profession. We have made some progress in gender equality in our profession, but we have a lot of work that remains to be done. We should all ensure that women are treated equally—they deserve nothing less. Endnotes
1. Women in the Federal Judiciary: Still a Long Way to Go. National Women’s Law Center, October, 2016. 2. MCCA’s 17th Annual General Counsel Survey: Breaking Barriers, One Person at a Time. Minority Corporate Counsel Association, November/December 2016 3. Report of Ninth Annual National Survey on Retention and Promotion of Women in Law Firms. National Association of Women Lawyers and NAWL Foundation, October 2015. 4. Association of American Law Schools (January 13, 2016).
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from the editor By Farrah Martinez Farrah Martinez, PLLC
Associate Editors
Polly Graham Fohn Haynes and Boone, LLP
Preston Hutson MehaffyWeber PC
Jeff Oldham Bracewell LLP
The Houston Lawyer
Taunya Painter Painter Law Firm PLLC
Hon. Jeff Work Manning, Gosda & Arredondo, L.L.P.
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One Size Does Not Fit All
A
thing about a few male attorneys. This is not a res I read through each article of this issue, it flection of all men attorneys. A vast majority of male stirred an internal reflection of my experiattorneys I interact with vigilantly defend their cliences as a working mom and as a female ents while maintaining a strong standard of professolo practitioner. While I discovered striksionalism. However, after a couple of bad apples, I ing similarities, I recognized many differhave certainly learned to appreciate those who know ences. It reiterated that one size certainly does not how to aggressively defend by using the law and the fit all. strength of their case to advance their Recently, I read that work-lifeclient’s position rather than the force balance is a myth designed to try to I hope that of their voice to bully or intimidate. I attain something that is simply unattainable. For me, that concept was a as this issue is read say thank you to the countless male attorneys who set the standard and to total downer. Seriously! Over the last and discussed those that do not – I limit commueight years every career move, every nications to written correspondence, business decision, every volunteer throughout our and in instances where that is not role has either started or drifted to possible, I stand firm and demand the question – How will this impact legal community, respect because like all humans, I demy family? Early in my career none of that we will serve it and so do you. that mattered. But after my first child, I hope that as this issue is read and I started to view life differently. And move beyond discussed throughout our legal comnow, as a mother of two, I am stramunity, that we will move beyond the tegic about my commitments; I am the flaws of flaws of our past and strive to make strategic about my law practice, and our past and adjustments. Ultimately, I am grateif I, even for a moment, lose sight of ful for the strides that women have the value of my time I am sucked into strive to make made in the law, and I am grateful something that I often later resent. that the HBA and President Alistair There are times when I want to say adjustments. Dawson challenge us all to keep the yes, but I must say no. I believe that conversation alive because calling attention to the when I have more time, that opportunity or even a issues women face is a catalyst for change. Also, I better one will present itself. In spite of all my efwould like to thank Anna Archer and Anietie Akpan forts, there are days where I feel as though my life who served as guest editors and played a vital role is completely out of whack and there are other days in the planning and recruiting of these transparent when I feel that life is moving along with indescriband thought-provoking articles, and members of the able ease and grace. HBA Gender Fairness Committee, who volunteered In over 12 years, another female attorney has nevto write a number of the articles. er yelled at me. I deeply wish I could say the same
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BOARD OF DIRECTORS President
Secretary
President-Elect
Treasurer
First Vice President
Past President
Alistair B. Dawson
Chris Popov
Warren W. Harris
Benny Agosto, Jr.
Bill Kroger
Neil D. Kelly
Second Vice President
Jennifer A. Hasley
DIRECTORS (2016-2018)
Richard Burleson David Harrell
Diana Gomez Greg Ulmer
Collin Cox Hon. Erin Lunceford
DIRECTORS (2017-2019) Daniella Landers Lionel M. Schooler
editorial staff Editor in Chief
Farrah Martinez Associate Editors
Polly Fohn Jeff Oldham Hon. Jeff Work
Preston Hutson Taunya Painter
Anietie Akpan Kimberly A. Chojnacki Al Harrison Annalynn V. Hoffland Hon. Scott R. Link David T. Lopez Marni Otjen Hon. Josefina M. Rendón
Editorial Board
Anna Archer Veronica Cruz Matthew J. Heberlein Kristen Lee Dana Lizik Avi Moshenberg Raymond L. Panneton
Managing Editor
Tara Shockley
HBA office staff Executive Director
Kay Sim
Director of Education
Director of Projects
Project Assistant
Membership and Technology Services Director
Communications Director
Membership Assistant
Communications Assistant /Web Manager
Receptionist/Resource Secretary
Ashley G. Steininger
Cara Walker
Ron Riojas
Tara Shockley
Carly Wood
Bonnie Simmons
Danielle Keith
Lucia Valdez
Administrative Assistant
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March/April 2018
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By Amanda Halter
Resilience:
A Secret Weapon for Women in the Law
I
t was 10:00 p.m., and I was holed up in my office with two laptops, a Bluebook, and a tower of documents— fighting back tears and feeling mighty guilty and sad that I had not been home to put my 8-month-old son to bed. I glanced up at the open door as Linda, a senior partner for whom I harbored what was probably a palpable reverence, was passing by. I quickly wiped my eyes, put my face down and prayed that she, of all people, had not noticed. Alas, she did. She paused in my office doorway, studied me briefly, and then gave me advice that I will never forget: “Be here, Amanda. Some times are all about work. Some times are all about family. Other times are all about friends and community; other times, are all about play. Tonight, for you, it’s about work. Do it with your whole self, and do your best. And, in time, you will have the career I know you’re aspiring to and make yourself and your family proud. Don’t waste your energy beating yourself
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up that you did not achieve some elusive perfect balance between work and family today—or any given day. If you do that, you’ll drown, and you’ll quit before you’ve even really started. Instead, look out over the horizon of your life and ask yourself objectively whether your energies—which are always most potent when focused—are building a life that you love. Keep at it.” Linda’s wisdom got me through that long night, and many others to come. Coming from someone with a thriving practice and four kids, the respect of her colleagues and clients, and an authenticity that reflected a sincere comfort with herself and happiness, it remains as good as gospel in my book. The truth was, my son did not need me to put him to bed that particular night. He was in good hands; I just felt guilty they weren’t mine. But I needed to get over it because I was absolutely needed at work that night to get that brief done. My colleagues needed me to do it, my client needed me to do it, and I needed me to do it so I could learn, practice, and prove my mettle. The tension between work obligations and aspirations and family is not unique to women, of course, but women are often made to feel uniquely guilty about it. The fact is, though, that, for me, as for many of you, lawyering is essential to having a life that we love. It is not just a job, it is a calling and a privilege, and we would not be our best selves without it. Worklife balance for us can’t be about giving in to the pressure to leave the profession or lessen ourselves within it. To remain on our professional journey, however, we must reconcile ourselves with the knowledge that pushing past dark moments is an inevitable part of it. There will be long nights at the office, red-eye flights, missed practices and school plays, and myriad other, bigger challenges. Sometimes we will face offenses to our person, bad bosses, toxic work environments, presumptuous clients, our own mistakes, bad luck, and betrayals. These slights will come from all corners and throughout our careers. In fact, if I’m completely honest, I can still feel the sting of being dressed down
weeks ago by someone I had previously admired in the profession. I had drafted a document to advance a joint volunteer project, but rather than praising my effort and initiative, she castigated me for not seeking her approval to draft the document. I was thoroughly shocked and confused. Of course, she was neither my client nor my boss and she had no right to try to exercise control over my volunteer efforts. She was plainly in the wrong. Nevertheless, it hurt. It hurt because her criticism was not about my draft document so much it was the manifestation of an instinctive need to knock me down a peg. I had hoped we were lifting each other up with our collaboration, but I had miscalculated. She was not an ally. The reality is, as a young woman lawyer, or someone perceived as young, these kinds of things will happen. You will run across people who are threatened by you, which will feel mystifying amidst your acute awareness of your vulnerability. You will come across people who should act as exemplars or mentors but betray that trust or are perhaps so embittered by their own battles they’ve run out of compassion. Some who are even outright meanspirited, maybe even saboteurs. Some people will hurt you simply because they can and because they simply failed to notice; power can have that effect, which is important to remember whenever you are yourself in possession of it. Such are the pox on the landscape of a woman lawyer’s life. Any of this can be deeply dispiriting in the moment, sometimes for many moments. But we cannot indulge being dispirited for too long. As the cerebral people we lawyers tend to be, it can be quite tempting to turn these kinds of events over and over in our heads. Questioning what we might have done to trigger another person’s lesser self, perhaps re-writing some more-clever response than the stunned half-hearted defense we may have tried in the moment. Questioning our calling. Questioning whether we have what it takes. Cursing the circumstances. Allow it to turn once or twice, but move on. Resilience is critical to success in this profession.
The unspoken corollary to Linda’s advice about balance is that to find success and satisfaction in the life of a lawyer, you must, above all else, be resilient. You must not fixate on the failures and disappointments of a given moment. You must keep showing up no matter what. Show up for your clients and for yourself. If lawyering is your calling, put in the work, day after day. Mine it for the intellectual, financial, and spiritual opportunities that reside within this calling. Look around. Who are the lawyers that you admire? Almost certainly they are the ones who stuck it out, setbacks be damned, and as a result have accomplished a thing or two and thereby created a practice that allows them to give of their best and highest selves. That takes time, persistence, and resilience. You will take initiative and get smacked down, demonstrate that you know your place but then be criticized for being “too nice.” The reality is that whoever you are as a professional, as a woman, as a mother if you are one, will always draw criticism from some corners. So be it, but carry on. After all, you have a career and a life to build. Many people are asking why women’s representation in the law and in leadership remains so deficient. There undoubtedly are many causes at play, including sexism and racism, implicit biases, unequal second shifts at home, and more. I hypothesize that one little-recognized cause of women’s underrepresentation in law is the way the accumulation of so many gendered slights, some big, many small, begins to weigh upon a person over time: invisibility, micro-aggressions, inadvertent exclusions, too few role models, and a lifetime of one’s own conditioning. These things deplete optimism and energy reserves so critical to meeting the demands of the practice, which are many. I won’t pretend these aren’t real burdens or minimize them. They are most definitely real and peskily persistent. In my experience, though, it is easiest to surmount challenges when you can size them up coolly, recognize them for what they are, and stubbornly and strategically press forward.
Moreover, there are real mental medicines for these kinds of injuries. Chief among them is the inspiration to be drawn from surrounding yourself with as many positive people and examples as you can, within the profession and outside of it. Find your Lindas and listen to them. They will give you strength. As importantly, strive to be a positive, principled person and example yourself. You have the capacity to be someone’s Linda. Draw your boundaries and enforce them. Sometimes resilience means refusing to continue being party to someone else’s treatment of you. Sleep when you can. Treat your body like it’s the only one you have. Resilience is both mental and physical. Remember that resilience, like any skill, benefits from practice. The payoffs for practicing resilience in the law are many. From the vantage point of ten years in, with hopefully a few more decades to go, I can say with certainty now that, as Linda predicted, the benefits and privileges of a life in the law far exceed the long nights and myriad other challenges along the way, and they grow and accumulate with time. They include, among other things, the gravity of being someone else’s good counsel when they need it most, the incomparable taste of a trial victory, the soul-satisfying sense of being an instrument of justice, the pride, privilege, and purpose of being part of a principled profession, and maybe, at the end of that horizon, even a comfortable retirement. So, as Linda would say, “keep at it.” Amanda Halter is a partner in the Houston office of Pillsbury Winthrop Shaw Pittman LLP. She helps clients optimally resolve environmental liabilities and compliance matters. In addition, she is a member of the firm’s Crisis Management Team and helps companies prepare for and mitigate potential financial and reputational losses associated with crisis events of all kinds. Amanda is a graduate of Rice University and The University of Texas School of Law. She is a co-chair of the HBA Gender Fairness Committee. thehoustonlawyer.com
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By Marissa Marquez
“Are You an Attorney Too?”
The Impact of Intersectionality on the Career Advancement of Women of Color
“A
re you an attorney, too?” a seasoned Caucasian male attorney asked me at an attorney-networking event. This question came right after he had just assumed my Caucasian female colleague was a fellow attorney, an assumption he did not automatically extend to me, despite it being an attorney-networking event. I asked myself, why else would someone show up to an
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attorney-networking event in a gray suit and painfully unfashionable but sensible shoes? However, I politely confirmed that I was, in fact, an attorney, and looked for ways to steer the conversation to a shared space. This was not the first time someone assumed, despite all evidence to the contrary, that I was not an attorney. While this is a relatively common experience for many women in traditionally male-dominated professions, why was my experience different from my colleague’s experience? The sociological theory of “intersectionality” helps us begin to answer this question and explain—and therefore begin to confront—the particular challenges that women of color1 encounter in their advancement in the legal profession. What is “intersectionality”? Intersectionality helps explain how various aspects of a person’s identity, such as gender and race, and any associated privilege, discrimination, and implicit bias, work in combination to create social perceptions of that person, as well as influence that person’s particular experiences. Professor Kimberlé Crenshaw coined the term “intersectionality” in a 1989 paper where she used the intersection of race and gender as a way to help explain that the marginalization of African-American women was profoundly different than the marginalization occurring simply by being an African-American or by being a female.2 One of the cases she used to illustrate the marginalization of African-American women was DeGraffenreid v. General Motors, 413 F. Supp. 142 (E.D. Mo 1976). In 1976, Emma DeGraffenreid and five African-American female production employees alleged a “last hired-first fired” policy violated Title VII because it perpetuated past discriminatory practices of not hiring African-American females. The claim was that, historically, an African-American applicant might get hired to work on the floor of the factory if he were male; however, if she were a female, she would not be considered for the position. Similarly, a female applicant for a secretary position might be hired if she were Caucasian, but would not have a chance if she
were African-American. Because of the historical discriminatory hiring practices, African-American females were hired last and, per policy, would be fired first. The trial court refused to recognize AfricanAmerican females as a distinct protected class and analyzed their race and gender claims separately, rather than considering their combined impact. Intersectionality is the realization that a company can have policies that treat women fairly and separate policies that treat people of color fairly, yet these policies alone do not ensure that women of color are treated fairly. In essence, the discrimination they experienced was invisible because it was lost in the space where race and gender intersect. When the seasoned attorney interacted with my colleague, their shared identity as Caucasians allowed him, or at least made it more comfortable for him, to assume she was an attorney. Had he encountered a Latino attorney, rather than a Latina attorney, their shared identity as men would have allowed him to assume that the Latino was an attorney. But with me—unlike the seasoned attorney in both gender and race—our lack of shared identities prevented him from making similar assumptions about me. That encounter illustrates the theory of intersectionality in practice, as two forces of subconscious bias simultaneously impacted me. The combination impacted me in a unique way like the DeGraffenreid plaintiffs. How is intersectionality impacting women of color in the legal industry? The legal industry is currently 85% Caucasian and 65% male,3 posing enhanced obstacles for women of color in their paths to advancement. Despite efforts by the American Bar Association (ABA)4 and others to make the profession more diverse, women of color compose just over 8% of attorneys, a gain of one percentage point since 2007.5 In an industry where women of color are the most underrepresented group, they face unique barriers to advancement. These statistics are consistent with what intersectionality would predict: women of color face unique challenges compared to their counterparts. And it suggests that inter-
So, what happens to a woman of color between becoming an associate and making partner—and how does intersectionality play a role?
seasoned attorneys comprised mainly of Caucasian males. Caucasian men, by contrast, believed they succeed on their own without needing mentors to advance their careers. Since a majority of the attorneys most likely to mentor a woman of color are Caucasian males, many of these senior attorneys are less likely to relate to a woman of color. Mentorships develop naturally over time, and mentorship relationships may form more naturally when the mentor and mentee have shared identities. Thus, in an industry dominated by Caucasian males, women of color might have a harder time developing these careerenhancing relationships naturally than their Caucasian counterparts, which can mean “the difference between career success and career stagnation.”10 Mentorship relationships are vital to career advancement because they lead to sponsorship. Usually, sponsors are influential leaders who can assist with promotion and career success; however, respondents in the 2012 ABA report identified a “lack of mentors and sponsors willing to advocate on their behalf.”11
Lack of mentorship and sponsorship Several contributors to a 2008 ABA report addressing successful strategies for law firms, and for women of color in law firms, stressed that mentoring was vital to developing a client base and highly important to any attorney’s success and advancement.7 Similarly, a 2012 ABA report regarding women of color in Fortune 500 legal departments indicated that women of color respondents “were hungry for mentors” who often did not materialize.8 While the 2012 ABA report showed 18% of women of color and 19% of Caucasian males reported they had “no formal mentors,” their reasons were vastly different.9 Women of color reported they were more likely to be without a mentor because they were unable to create relationships with
Lack of assignments In a 2006 ABA study called Visible Invisibility: Women of Color in Law Firms, 43.5% of the participating women of color reported “missing out on desirable assignments because of race or gender while working at the largest law firms where they’ve practiced,” compared to 25% of men of color, 38.6% of Caucasian women, and 1.9% of Caucasian men.12 A 2009 study by a non-profit called Catalyst identified “lack of access to business development opportunities and important client engagements” as a challenge for women of color.13 Tina Tchen, a former big law partner and leader of the Time’s Up Legal Defense Fund, summarized the effects of intersectionality and how it can impact a woman of color’s career trajectory: “The
sectionality should be considered when addressing unique barriers faced by women of color. Dr. Arin Reeves, an attorney, diversity consultant, and former member of the ABA Commission on Women, says that while a few law firms pay attention to intersectionality when it comes to gender and race, “[w]omen of color often are twice removed” and, as a result, feel isolated and operate on the periphery of law firms.6 The National Association for Law Placement’s (NALP) 2017 U.S. diversity report shows the overall representation of minority women at various levels of advancement in Figure 1:
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people handing out the work are more comfortable with others like themselves, and since the majority of the people handing out the work are white men, it is just perpetuating itself.”14 Racial and gender stereotyping In the ABA’s 2012 study, women of color reported “more consistent levels of negative bias across racial, ethnic, and gender categories,” compared to their Caucasian counterparts.15 For example, Asian-American women reported confronting stereotypes about “being subservient or willing to work nonstop.”16 This can be seen as a direct consequence of belonging to more than one underrepresented group. In the 2009 Catalyst analysis, women of color reported “racial and gender stereotyping” and more feelings of “sexism” in the workplace compared to Caucasian women.17 The ABA’s 2006 study reported 45% of women of color had experienced one or more forms of discrimination, compared to 28% of men of color, 39.2% of Caucasian women, and 2.5% of Caucasian men.18 How can the legal industry use intersectionality positively to impact the advancement of women of color? Through acknowledging and understanding the issues and consequences of intersectionality, and the corresponding impact on women attorneys of color, all attorneys—including Caucasian male leaders—can proactively create new shared experiences and opportunities to expand their own diverse experiences to the benefit of both. For example, the legal industry can ensure women of color will be: • at formal and informal client events; • considered as mentees; • included in planning for a pitch to a new client; and/or • consulted on strategies for a new matter. The legal industry must continue to take conscious steps to connect with women attorneys of color to overcome the invisible barriers presented by intersectionality. As Paulette Brown, Past President of the American and National Bar Associations, said: “It’s about equal treatment... 14
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It’s putting them on a level playing field.”19 What is clear is that the negative effects of intersectionality can be addressed and remedied through intentionality. Marissa Marquez, Esq. is a Human Resources Business Partner at Legacy Community Health. She is a graduate of Baylor University and the University of Texas School of Law. The article expresses the author’s views and are not necessarily those of Legacy Community Health. Endnotes
1. The phrase “women of color” refers to Hispanic/Latina, African-American, Native American, and AsianAmerican, as well as those women from multiracial backgrounds. 2. Kimberlé Crenshaw, Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics, 1989 U. Chi. Legal F. 139, 140-41. 3. Am. Bar Assoc., National Lawyer Population Survey (2017), available at https://www.americanbar.org/ content/dam/aba/administrative/market_research/ national-lawyer-population-10-year-demographicsrevised.authcheckdam.pdf. 4. The ABA has a “Diversity and Inclusion Resources” website that is available at https://www.americanbar.org/ groups/law_practice/resources/diversity.html. 5. Vault/Minority Corporate Counsel Association, Law Firm Diversity Survey at 26-27 (2017), available for download at https://www.mcca.com/resources/surveys/2017vault-mcca-law-firm-diversity-survey/. 6. Jill Schachner Chanen, Early Exits, AM. BAR J. (Aug. 2006) (partly quoting and partly paraphrasing Arin Reeves), available at http://www.abajournal.com/ magazine/article/early_exits. 7. ABA Commission on Women in the Profession, From Visible Invisibility to Visibly Successful: Success Strategies for Law Firms and Women of Color in Law Firms (Am. Bar Assoc. 2008), available at https://www.americanbar.org/content/dam/aba/marketing/women/visible invisibility_vs.authcheckdam.pdf. 8. ABA Commission on Women in the Profession, Executive Summary: Visible Invisibility: Women of Color in Fortune 500 Legal Departments, at ix (Am. Bar Assoc. 2012), available at www.americanbar. org/content/dam/aba/marketing/women/visible_ invisibility_fortune500_executive_summary.authcheckdam.pdf. 9. Id. at vii. 10. Id. at ix. 11. Id. at viii. 12. See Chanen, supra, n. 6 (describing and paraphrasing ABA Commission on Women in the Profession, Visible Invisibility: Women of Color in Law Firms (Am. Bar Assoc. 2006)). 13. Deepali Bagati, Women of Color in U.S. Law Firms: Women of Color in Professional Services Series (Catalyst 2009), available at http://www.catalyst. org/system/files/Women_of_Color_in_U.S._Law_ Firms.pdf. 14. Chanen, supra, n. 6. 15. ABA Commission on Women in the Profession, Executive Summary: Visible Invisibility: Women of Color in Fortune 500 Legal Departments, supra, n. 8, at x. 16. Id. 17. Bagati, supra, n. 13. 18. See Chanen, supra, n. 6 (describing and paraphrasing 2006 ABA study). 19. See Chanen, supra, n. 6 (quoting Paulette Brown).
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Pioneers
In Houston Law Judge Josefina M. Rendón: Breaking Barriers with Humor and Grace
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By Jesika Silva Blanco udge Josefina Rendón has long been a pioneer in the Houston legal community. After graduating from the University of Houston Bates College of Law in 1976, she became one of Harris County’s first Hispanic women attorneys and began her own firm. In 1980, Judge Rendón was appointed as the first woman and the first Hispanic member of Houston’s Civil Service Commission. In 1983, she was appointed to her first term as a Houston municipal judge, making her one of the city’s first Hispanic female judges. She was appointed in 2009 as the first Latina civil district judge in Harris County, and she presided over the 165th District Court between 2009 and 2012. Today, she serves as an associate judge in the municipal courts and maintains a successful practice as a mediator. As a pioneer, Judge Rendón made history in Houston by overcoming diversity and gender stigmas in her legal career. The barriers that she had to overcome were only heightened by the fact that she is both a woman and Hispanic. She shared that early in her career, other lawyers often mistook her for a clerk or a client. This continued to happen after she became a judge in the early 1980’s. When asked 16
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Hon. Josefina M. Rendón As the longest serving Latina judge in Houston, Judge Josefina Rendón has overcome diversity and gender stigmas in her career, but is most proud of her family and her ability to be a role model and mentor to young attorneys.
how she dealt with the pressure of being a pioneer in overcoming many of the stigmas and barriers that exist for Hispanic woman in the legal profession, she simply responded, “with humor and grace.” Despite her many accomplishments and exceptional ability to transcend barriers, she shared that she was often not aware of the significance and importance of being among the first. Through the years, however, she has gained an appreciation for her role as a model and mentor, not just for Latinas and women lawyers but for law students and young lawyers in general. Her words of wisdom to the young lawyers who hope to follow in her path are,
“Work and study hard. Always be patient and positive in your dealings with others.” As the longest serving Latina judge in Houston, Judge Rendón continues in her role as a pioneer in the Houston legal profession. She attributes her long tenure to her ability to work hard and her ability to be fair and respectful of everyone who stands before her. Apart from that, she recognizes the important role that many friends have played in her legal career. Judge Rendón’s mantra as a judge is simple, yet salient—“Remember that, no matter how small it may appear to be, every case is very important to the parties involved. Treat it as such, every time.” Judge Rendón’s proudest accomplishment on a personal level is her family— her husband of 44 years, Ruben, their two children, and their two grandchildren. On a professional level, one of her proudest moments was when she spoke to an accomplished young man who shared that she had helped his parents legally immigrate to the United States and that he had become an American citizen and was about to graduate college. Judge Rendón is proud of having had the privilege to impact the life of this young man and many others in so many ways. Judge Rendón has been recognized with numerous awards for her pioneering work in the Houston legal community, including receiving the Houston Hispanic Heritage Lifetime Achievement Award for her “outstanding contributions toward enhancing the quality of life and advancement of Houston’s Hispanic community” and being included as one of Houston’s Most Influential Women in the Houston Woman magazine. She has written numerous articles and book reviews for The Houston Lawyer and is a prolific speaker and reliable volunteer for the Houston Bar Association. Houston is privileged to have benefitted so extensively from the humor and grace with which this amazing pioneer has impacted our city. Jesika Silva Blanco is an associate in the labor and employment group at Norton Rose Fulbright US LLP.
Frances Valdez:
advisor, and a businesswoman. With her unwavering determination to bridge the gap between the youth, immigrant, Latino, and LGBT communities, Frances Valdez has paved the way for other advocates to address the crucial legal and political issues our state and nation face today. Natasha Bahri is an insurance defense attorney at Walker, Wilcox and Matousek, LLP and a member of the HBA Gender Fairness Committee.
Bridging the Gap between the Youth, Immigrant, Latino and LGBT Communities
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By Natasha Bahri rances Valdez spends a considerable amount of time thinking of ways to change the world for the better and searching for ways to see this ambition through. After spending some one-on-one time with her, I quickly learned that Valdez is a rising star in the legal community for her past and—certain to come—future accomplishments. As an attorney, she embodies the principles of “community lawyering” by providing both legal and social support to youth, women, immigrants, Latinos, and members of the LGBT community. She is the owner of a successful law firm, FValdezLaw PC, and offers legal services to families and individuals with immigration issues. In June 2016, Valdez was selected as one of the 49 members of Houston’s first LGBT Advisory Board for Mayor Sylvester Turner. She is also a member of the Houston GLBT Political Caucus and served as acting president of the organization in 2017. A native Houstonian, Valdez also uses her legal background and experience to serve underrepresented groups throughout the state. Valdez learned the importance of serving underrepresented individuals and families at a young age. In 1977, Valdez’s mother founded a non-profit organization called Multicultural Education and Counseling through the Arts (MECA), which has promoted academic and cultural development of underserved youth in Houston for over 30 years. Raised with a strong sense of community and inspired by her mother’s commitment to promoting social justice, Valdez found her own voice of advocacy by becoming the first lawyer in her family. In 2002, she entered the University of Texas School of Law in Austin. Throughout her law school career, she worked diligently
Frances Valdez Frances Valdez believes in community lawyering through activism and advocacy to connect the youth, immigrant, Latino and LGBT communities in Houston.
to become the advocate she envisioned. Even during her first year, against the advice of law school advisors, Valdez worked for the Political Asylum Project of Austin (now American Gateways), assisting women in applying for protections under the Violence Against Women Act (VAWA). Upon graduating law school in 2005, Valdez received a prestigious fellowship at the Immigration Clinic of UT School of Law, during which she pursued justice for individuals and families being held in immigration detention facilities. This experience solidified her passion to practice immigration law, and in 2007, she opened the doors of FValdezLaw PC. Despite establishing her own firm, Valdez has never ceased her involvement in community advocacy. For several years, Valdez worked with Neighborhood Centers Inc. (now BakerRipley), a non-profit organization that assists individuals and families of low-income and immigrant communities. Currently, Valdez consults with United We Dream, a national non-profit organization that supports the undocumented and immigrant youth of America. She also tirelessly works to advocate for implementation of local policies to protect the immigrant community in Houston. Frances Valdez is not just a lawyer – she is a social justice activist, a policy
An Interview with
Shauna Johnson Clark: Partner, Parent and Pioneer By Emery Gullickson Richards What was your path to Houston? Born and raised in Plaquemine, Louisiana, I attended Plaquemine High School. Later, I graduated from Louisiana State University and Tulane Law School. Following my first year of law school, I clerked at what was then Fulbright & Jaworski L.L.P. I was warmly embraced by both the law firm and the city of Houston. My Fulbright family, coupled with Houston’s diversity, growing economy, and professional opportunities, caused me to remain in Houston. Houston’s values and community spirit make me proud to call Houston home. You are a lawyer of many “firsts,” and a role model to countless lawyers for your historic invitation to the partnership of what is now Norton Rose Fulbright US LLP. After becoming the first African American woman partner of a major Houston law firm, what other firsts followed? Firsts include being: (a) the first woman, first minority, and youngest person heading the firm’s U.S. employment and labor practice; (b) the first woman and minority lawyer heading the Houston office; and (c) the first African American woman lawyer serving on the firm’s global executive committee and various firm initiatives. thehoustonlawyer.com
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These firsts are important, because they have enhanced the firm’s reputation as a worldwide legal leader and further demonstrate that diversity and inclusion are real and meaningful, as evidenced by the Trailblazer Award I received at the State Bar’s inaugural Texas African American Lawyers Summit in 2016.
support throughout my career, and I have provided the same level of support to him. Also, we believe it is important to openly discuss our work and various commitments with our children so that they understand that we are one team. Finally, we are blessed to have extended family who partner with us in raising our children.
How do you serve the community outside the legal profession? I love Houston and proudly serve on Houston’s American Heart Association Circle of Red and Executive Leadership Team, where passionate women give their time, talent, and treasure to help Houston women live longer and healthier lives. As a 2016 Houston Heart Walk ambassador and 2017 Houston Executive Breakfast in Red host, I worked to raise over $20,000, a success that thrilled me, as eradicating heart disease and stroke in women and minorities are important missions.
What are critical issues for our community in this moment? Two issues come to mind. One is generational. Youth brings innovation and fresh perspectives, and age brings knowledge, wisdom and experience. If we engage and value everyone, our society will be more productive. Two is pride. Our future workers and leaders are the country’s most important capital, and we need to instill a greater sense of pride in our people, our community and our country.
Through leadership, how have you been able to expand diversity and inclusion within one of the world’s largest law firms and beyond? Serving as Houston’s partner-in-charge, and subsequently as a U.S. and then a global leader enabled me to influence firm culture and policy progressively, ensuring the firm is a great place for women, minority, LGBTQ, disabled, and other lawyers to thrive. We have successfully introduced meaningful diversity initiatives with four robust diversity networks and have strengthened our Flexible Work Schedule Program. The firm scored 100 on Human Rights Campaign’s Corporate Equality Index measuring LGBTQ equality. Our collective efforts have significantly increased women representation (e.g., 6% above the women equity partners’ industry average). We have achieved our ambitious goal of having 30% women leadership by 2020, as we now have 33% women in senior leadership positions. The Network Journal naming 18
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Shauna Johnson Clark “I think that humility and fairness are part of Shauna’s core values,” says Norton Rose Fulbright partner Steven Pfeiffer. “This may come from her strong faith or her family and life experiences. Shauna does not look up to anyone, nor does she look down at anyone— she treats everyone the same.”
me as “One of the 25 Most Influential Black Women in Business” also gave me a platform to effectuate positive changes for women and minority lawyers. I also enjoy mentoring new women partners and associates, and providing client introductions and business opportunities. What challenges have you faced in the legal field? Developing business as a woman and minority lawyer is challenging, but the obstacles caused me to work harder for success, and it was worth it. As a mother of four married to a senior executive of a Fortune 500 company, what observations do you have for making working parenthood work? My husband and I are in raging agreement that God comes first, then family, then work. We try our level best to organize our lives with these priorities in mind. That said, there are times when our schedules (and those of our children) conflict, and someone must give in order to better the other. We both know what is important to the other, and we try our best to act accordingly. My husband has provided unwavering
What are your observations on the national #MeToo conversation? As an employment lawyer, I routinely handle #MeToo scenarios for employers. I advocate for workplace equality and work with employers who embrace equal employment opportunity. The present #MeToo focus is causing our country to consider and address lingering issues that have denied women the human decency, respect, equal footing, and full opportunities they deserve. What advice do you have for others charting their path in the law? Work hard, persevere, and make service to others your mission. Bloom where you are planted. Be confident and courageous. Prioritize what matters to you, and never stop reaching for success in all aspects of your life. The journey will be your greatest accomplishment. Emery Gullickson Richards is an associate at Blank Rome LLP. and a member of the HBA Gender Fairness Committee.
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By Modinat “Abby” Kotun
The Rising Tide of Law Firm Pay Discrimination Suits
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omen attorneys as a group have experienced minimal progress with respect to pay and advancement. Women make up 50% of law students and 46% of associates. However, women only make up 30% of non-equity partners and 19% of equity partners. And when women reach the partnership ranks, there is no guarantee they will be paid on par with their male counterparts. Across the Am Law 200, the median woman equity partner makes 94% of what the median man equity partner makes. (This number is 90% for non-equity partners and 94% for associates.)1 At the same time, there appears to be an awakening across the country in the area of pay equity. Women in all industries 20
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and the public generally are demanding equal pay for equal work. Large companies are vowing to close pay gaps in their workforces. New legislation is sweeping the country, from Oregon and California to Philadelphia and Maryland. Until recently, it seemed as though women in the law were not benefiting from this trend. But women in law firms are fighting back, asking for parity, and suing their firms if they are not heard. In January 2018, employment law powerhouse Ogletree, Deakins, Nash, Smoak & Stewart, P.C. joined the growing list of law firms embroiled in pay discrimination lawsuits across the United States, including suits against Chadbourne & Parke, Winston & Strawn, Steptoe & Johnson, Proskauer Rose, and LeClairRyan. This article briefly explores the facts and issues associated with these cases. I. Knepper v. Ogletree, Deakins, Nash, Smoak & Stewart, P.C., No. 3:18-cv00303 (N.D. Cal. filed Jan. 12, 2018) The most recent allegations to be lodged against a law firm come from Dawn Knepper, who seeks $300 million in damages on behalf of herself and other similarly situated female non-equity shareholders at Ogletree. According to the complaint, 58% of Ogletree’s associates are women, but women make up less than 42% of non-equity shareholders and less than 20% of equity shareholders. Knepper’s complaint details her asserted reasons for the “dwindling proportion of women at each successive level of Ogletree’s hierarchy.” According to the complaint, “the overrepresentation of men in [leadership] is both the source and product of continuing systemic discrimination.” Knepper asserts that women shareholders are discriminated against in compensation and promotion policies and in business development and job assignment practices. “Ogletree’s shareholders receive credit [towards compensation] in five main categories: originating credits, managing credits, responsible credits, working credits, and billable hours.”
Knepper alleges that originating and managing credits are more highly valued, but women shareholders disproportionately end up saddled with casework and tasks that are not so highly valued. She also claims that women shareholders are less likely to be invited to pitches or supported in other business development that leads to originations. As an example, Knepper states that in “her over 12 years with Ogletree, [she] has never been invited on a business pitch to a prospective client.” Knepper gives further examples of male non-equity shareholders being promoted to equity status over her, even when she allegedly outperformed them with respect to billable hours, originations, responsible credits, and working credits. Knepper’s lawsuit includes pattern or practice pay discrimination claims under Title VII, claims under the federal Equal Pay Act, California Equal Pay Act, and California Fair Pay Act, and retaliation claims, among others. As of the date of this writing, responsive pleadings were not yet due from Ogletree. II. Campbell v. Chadbourne & Parke LLP, No. 1:16-cv-06832 (S.D.N.Y. filed Aug. 31, 2016) Kerrie Campbell worked for years as a non-equity partner at a Los Angelesbased firm before joining Chadbourne as an equity partner in January 2014. At Chadbourne, according to Campbell, her productivity and revenue generation were consistent with the firm’s top performing male partners but she was paid at levels commensurate with male partners with far less originations and billings. Campbell complained to firm leadership, but no substantial changes to her compensation were made. Although Chadbourne denies this version of events, Campbell asserts she was asked to leave and, when she did not, her compensation was cut. Campbell filed suit, and Chadbourne partners voted her out of the partnership shortly before merging with Norton Rose Fulbright. Campbell brought claims for pay dis-
crimination under Title VII and the federal Equal Pay Act, retaliation, and alleged violations of various New York and New York City laws. Interestingly, two other former Chadbourne female partners joined the $100 million suit as plaintiffs. One such partner, who spent her entire 35-year career at Chadbourne, alleged that the firm knew of the pay disparities for years because she made them aware at the highest levels. The parties recently submitted a consent motion for approval of a settlement to the tune of $2 million to the named plaintiffs plus attorneys’ fees. III. Doe v. Proskauer Rose, No. 1:17-cv00901 (D.D.C. filed May 12, 2017) The suit against Proskauer Rose brought in May 2017 by an equity partner is unique in that the plaintiff still works at the firm and was allowed to proceed under a Jane Doe pseudonym. Although the firm knows Doe’s identity and it can likely be deciphered from the available information in court filings, the assigned district judge granted Doe’s request for temporary anonymity, filed concurrently with the complaint. Doe, a firm practice group head, sues for $50 million in damages for pay discrimination under the federal Equal Pay Act, violation of the Family and Medical Leave Act, retaliation under both statutes, and violation of District of Columbia and Maryland laws. In support of her claims, Doe points to several male comparators who allegedly received higher compensation than Doe despite lower originations, lower billable hours, and lower total hours worked over multiple years. She details repeated complaints about her pay and the firm’s alleged non-response and later retaliation. According to Doe, the firm’s treatment of her after her complaints “took a psychological and physiological toll” on her, resulting in adverse health consequences. In requesting anonymity, Doe argued that it was necessary to protect confidential information about her health and her family and to protect her from potential reputational damage. It remains to be seen if the anonymous filing route will
be successfully used by future plaintiffs. The case is ongoing with a pending motion for summary judgment by Proskauer Rose. IV. Ramos v. Winston & Strawn, No. CGC-17-561025 (Sup. Ct. Cal. S.F. filed Aug. 30, 2017) Constance Ramos joined Winston as an income partner (a non-equity partner) in 2014 after having been a non-equity partner at another large firm. She and two other attorneys hired at the same time were considered a trio of “deep experience in the semiconductor and electronics industries”; the two other attorneys left the following year. Ramos was eventually asked to also leave, but did not want to, as she had intended to grow her practice at Winston. After several more requests for Ramos’s resignation, Ramos’s compensation was decreased twice, from $450,000 upon hire to $200,000. Ramos later resigned “under protest.” Ramos sued Winston under California law for sex discrimination, retaliation, and violation of the Fair Pay Act, among other claims. In response to her complaint, Winston filed a motion to compel arbitration and dismiss or, alternatively, to stay proceedings. Winston based its motion primarily on the firm’s Partnership Agreement and that agreement’s mandatory arbitration clause. Any challenge to the enforceability of the arbitration clause would fail, according to Winston, because Ramos was an income partner and not an “employee.” The California Superior Court granted the motion to compel arbitration and stayed the lawsuit. Ramos appealed, arguing that arbitration is not the proper venue for her claims because the “AAA commercial rules... are inadequate for handling employment disputes” and the arbitration clause’s mandate that each arbitrator selected be a partner in a large law firm is essentially the “fox guarding the henhouse.”2 This case is worth following for its treatment of the mandatory arbitration clause and whether an income partner thehoustonlawyer.com
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is an employee within the meaning of California employment laws. A similar case was settled in 2017 between Sedgwick and a non-equity partner after a court granted a motion to compel arbitration.3 In another similar case, an equity partner argued that she was not bound by an arbitration agreement because she had not signed it.4 The district court disagreed and granted a motion to compel arbitration. The plaintiff unsuccessfully appealed the district court’s ruling. V. Houck v. Steptoe & Johnson, No. 2:17-cv-04595-ODW-AFM (C.D. Cal. filed June 22, 2017). Plaintiff Ji-In Houck was hired by Steptoe as a “contract attorney,” after two years working elsewhere as a litigation associate where she had managed significant responsibilities. At the time of her hire, according to the lawsuit, male attorneys at Steptoe who were admitted to the bar at the same time as her earned almost double her salary of $85,000. She was
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told that the firm would consider changing her title to “associate” after her first year at the firm. The next year, Houck was made an “associate,” and her salary was increased. By the time she was a fourth year associate, she was allegedly making what first year associates at the firm made. Houck complained to management and eventually received another raise, falling short of what her male counterparts were making by $30,000. She left the firm soon thereafter. When Houck was hired, and again when she was made an associate, she signed a contract with an arbitration clause. Houck argues, however, that the arbitration clause in her contract is invalid pursuant to Morris v. Ernst & Young, LLP, currently before the United States Supreme Court.5 Pending a decision in the Morris case, the District Court stayed the litigation, including Steptoe’s pending Motion to Dismiss and for Summary Judgment and Houck’s Motion to Certify).
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1. DESTINY PEERY, NAT’L ASS’N WOMEN LAWYERS & NAWL FOUND., Report of the 2017 NAWL Survey on Promotion and Retention of Women in Law Firms (2017). 2. Ramos v. The Superior Court of the State of Cal. for the Cty. of S. F., No. A153390 (Cal.App. 1 Dist. filed Jan. 19, 2018). 3. See Ribeiro v. Sedgwick LLP, No. 3:2016-cv-04507 (N.D. Cal. filed Aug. 10, 2016). 4. See Craddock v. LeClairRyan, P.C., No. 3:16-cv00011 (E.D. Va. filed Jan. 6, 2016). 5. Morris v. Ernst & Young, LLP, 834 F.3d 975, 980 (9th Cir. 2016), cert. granted, 137 S. Ct. 809 (2017).
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Modinat “Abby” Kotun is an associate at Winstead PC and a member of the firm’s Labor, Employment and Immigration Practice Group.
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Conclusion These lawsuits are still in their infancy and it remains to be seen how they will be resolved and what, if any, long-lasting change they will bring. But it is clear that there is a rising tide of these allegations finding their way into the halls of justice.
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By Linda M. Glover
HBA’s Gender Fairness Committee:
Fifteen Years Committed to Shattering the Glass Ceiling
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or the past 15 years, the Houston Bar Association has worked tirelessly to help shatter the glass ceiling that impedes female attorneys from achieving parity with their male colleagues. The HBA’s efforts began in 2003 when it became glaringly obvious that while women were graduating from law schools in record numbers, they were also leaving the profession at drastically higher rates than their male colleagues, and were seldom reaching partner status or attaining leadership positions in their law firms. Indeed in 2003, women comprised 49% of law school students and 42.4% of law firm associates, but only 16.3% of law firm partners.1 Female attorneys working
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full time in 2003 also earned only 76% of the amount made by their male colleagues.2 Despite these statistics, there was no real dialogue about gender fairness among Houston legal firms or corporate law departments until the HBA stepped in to take the lead. The HBA Forms a Gender Fairness Task Force In 2002, the No Glass Ceiling Task Force of the San Francisco Bar Association issued a challenge to its members: sign a public commitment to take concrete action toward achieving measurable gender equality objectives by 2004. The objectives were noble, and achieving them would undoubtedly require a sea change in the culture of most
law firms agreeing to sign the commitment. For example, signatories to the commitment agreed to undertake efforts to ensure at least a 25% representation of women at the partnership level in law firms by year-end 2004, and to achieve equal retention rates for both men and women attorneys for 2004 and beyond. Emboldened by the strong response it received from its members, the San Francisco Bar Association widely published its challenge, daring other bar associations across the country to ask their constituents for similar commitments. In 2003, incoming president of the HBA, Tom Godbold, became aware of the San Francisco Bar Association’s gender equality initiative. Never one to shy away from a challenge, Tom embraced gender parity as the focus of his presidency. At a meeting in December 2003, Tom announced the HBA’s Gender Fairness Initiative to representatives from more than 40 law firms and corporate legal departments who had gathered to discuss issues related to gender equality. At the meeting, Tom urged the representatives to “shatter the glass ceilings” within their organizations and sign a commitment to take action that would increase the number of women in partnership and management roles, maintain equal retention rates between the genders, offer flexible work schedules, and provide mentoring for women, among other actions designed to increase gender fairness. As Tom explained to the gathering, “[t]his is not, in my mind, about affirmative action. It’s about intentional consideration of these issues. The commitment statement is not designed to tell law firms or corporate legal departments how to do their business. It is, though, designed to have folks focus on the issue of, ‘Are we doing what we should be doing as a legal profession and in our law firms and legal departments to make sure women have the opportunities they should have?’”3
By the end of April 2004, 24 Houston law firms or corporate legal departments had signed the commitment statement. While the initial number of signatories may appear insignificant in comparison to the total number of law firms and corporate legal departments in Houston, they represented entities ranging in size from those with only a few attorneys to those with more than a thousand lawyers. That diversity of commitment encouraged the HBA’s Gender Fairness Task Force, which had drafted the initial statement, to persist in its efforts to shatter the glass ceiling. As part of those efforts, the Task Force held a fall meeting in 2004 during which female associates discussed gender equality issues among themselves, and then a 2006 spring meeting at which law firm and corporate legal department management representatives conferred about the identified issues and shared ideas about how to address them. This dual meeting format was so successful that it has been repeated frequently throughout the years. Indeed, by 2006, the Task Force had become such a formidable force in Houston’s legal community that it was designated a standing committee of the HBA, and is now known as the Gender Fairness Committee. The Gender Fairness Committee’s Programs By 2006, most law firms and corporate legal departments in Houston were developing or had developed their own women’s initiatives, providing a forum for women to engage in healthy discourse about matters unique to practicing law as a female. Year after year, the Gender Fairness Committee has substantially added to that dialogue by presenting panel discussions on topics such as gender issues in the courtroom, negotiating strategies for women, and unconscious bias in the legal profession. The committee also offers programs at which accomplished attorneys—both male and female—speak
In 2003, the HBA held a roundtable discussion on women’s initiatives with law firm and corporate legal department leaders.
Women associates participate in a 2007 Associates Luncheon, where they discussed best practices and issues in their firms or law offices.
The Gender Fairness Committee created a Speed Mentoring Program for women attorneys licensed five years or less, giving them the opportunity to network one-on-one with more experienced mentors.
Implicit bias in the workplace has been a Gender Fairness panel topic for the past two years. thehoustonlawyer.com
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on topics with global appeal, including rain-making and client expectations, balancing work and family, and bridging the generation gap. Due in part to these programs, the committee has increased the number of signatories to the gender commitment statement to 34 law firms and one corporate legal department over the years. Recently, the committee has expanded its focus on mentoring female associates, including establishing a speed mentoring program at which female associates move at regular intervals from one accomplished, long-practicing woman attorney to the next, gathering different perspectives on questions the associates ask along the way. What lies ahead for the Committee While the HBA’s Gender Fairness Committee has helped Houston’s law firms and corporate legal departments make strides toward gender equality over the past 15 years, the Committee’s job is not yet done. The Ameri-
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can Bar Association’s report, A Current Glance at Women in the Law (January 2017) reveals that there may be a long road ahead before true gender parity is achieved between male and female attorneys. For example, while women make up approximately 45% of associates in private law firms, they make up only approximately 20% of law firm partners. Over the past years, there has been less than a meager 4% increase in the number of women who achieve partner status in law firms. Women also remain underrepresented among general counsel (19.8-24.8%), law school deans (31.1%) and the judiciary (29%-36%). These disappointing statistics are so compelling that the Gender Fairness Committee is considering issuing another call to action in the form of a revised gender fairness commitment statement that law firms and corporate legal departments will be encouraged to sign. Before forging further down the path toward true gender equality, however, it
is important to stop long enough to celebrate what has already been achieved. The committee is planning a 15th anniversary event on April 24, 2018, at which Hilarie Bass, the president of the American Bar Association, will speak. Both men and women are invited to the anniversary celebration, and both are necessary to achieve complete gender parity without further delay. Linda M. Glover is managing shareholder of Linda M. Glover PLLC. She represents clients in a broad array of litigation, arbitration and governmental compliance matters. She is a long-term member of the Gender Fairness Committee and served as its co-chair in 2010-2011. Endnotes
1. AMERICAN BAR ASSOCIATION COMMISSION ON WOMEN IN THE PROFESSION, CURRENT GLANCE OF WOMEN IN THE LAW (2003). 2. Id. 3. Mark W. Lambert, Roundtable Discussion on Gender Fairness Initiatives, THE HOUSTON LAWYER (January/February 2004).
By Megan Schmid
Second Chair:
Breaking Through the Glass Ceiling to First Chair in Civil Litigation
I
close my eyes and take a deep breath. I envision the grandeur of the courtroom. I can see the high ceilings, the wood railings. I see myself standing in the well, facing the jury made up of twelve eager (and not so eager) faces, and giving my opening statement. And I kill it. I imagine the jurors nodding their heads in agreement to the rhythm of my story-telling and of me knowing, in that moment, that the courtroom is where I belong. I know I am not alone in my lead trial counsel aspirations. This article only scrapes the surface of the complexities involved in the promotion of women as first chair in civil litigation. Although there are many ideas and action items not discussed, the purpose
of this article is to encourage an ongoing conversation about the significance of promoting women as lead counsel. The Statistics In 2015, the American Bar Foundation and the American Bar Association’s Commission on Women in the Profession published a research report regarding the participation of women as lead trial counsel.1 In that study, the authors found that “[a]mong lawyers appearing as lead counsel, only 24% were women and 76% were men. In essence, a man is three times more likely to play the role of lead counsel on a civil case than a woman.” This gender gap appeared across all types of civil cases, with some of the largest gaps appearing in contract cases (85% of lead counsel are male), torts (79% of lead counsel are male), labor (78% of lead counsel are male), and intellectual property rights (77% of lead counsel are male). These numbers appear across practice settings, with little regard to the size of the firm (the percentage of women appearing as lead counsel being 25% for AmLaw 100 firms, 16% for AmLaw 200 firms, 20% for small private firms, and 25% for solo practice). The numbers are even worse when it comes to class actions, with 87% of lead counsel designations being male. Based on these statistics, the report concludes: “It is evident that women are consistently underrepresented in lead counsel roles in all but a few settings and for all but a few types of cases.” But Why? When women and men are graduating law school and entering private practice at roughly the same rate (approximately 47.3% of law school graduates are women),2 why does there continue to be a substantial gender gap in lead trial counsel roles? One can easily see that the statistics for female lead trial lawyers mirror the statistics of women in leadership positions at law firms. The American Bar Association’s report A Current Glance at Women in the Law (January 2017), provides statistics thehoustonlawyer.com
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regarding the representation of women in the legal profession and finds that while women make up approximately 45% of associates in private law firms, they only make up approximately 20% of law firm partners.3 Does that mean that the same reasons underlie both the lack of women as first chairs in civil litigation and the overall lack of women in leadership positions at law firms? Yes and no. Certainly, women in civil litigation face many of the same obstacles as their transactional counterparts, such as family demands, billable hours and law firm culture, as well as too few training opportunities.4 But in the context of litigation, there are other factors, including: (1) the persistent myth of the “Lawyer-Warrior,” with the booming voice and commanding, masculine, physical presence in the courtroom;5 and (2) the desire to promote the firm’s “tried and true” lawyers as lead counsel.6 All too often, female litigators find themselves walking the tight rope— balancing necessary assertiveness with being thought “too aggressive” or merely adjusting the tone of their voice and their body language to appear both commanding but not too “unfeminine.”7 Call to Action What can we do right now in an effort to change these statistics? Law firms need to proactively encourage the inclusion and promotion of women. Law firms must foster the advancement of women trial attorneys in much the same manner in which they have their male counterparts. For instance, these firms should encourage their female associates to participate in trial academies and skill building seminars. Likewise, lead trial lawyers should ensure the firm’s prospective female litigators receive substantive, skill-building assignments early on in their careers. As their experience grows, so should the assignments. Law firms should reevaluate their criteria and procedures to ensure the fair evaluation and promotion of women attorneys using ob28
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jective and unbiased criteria. Importantly, the promotion of women as lead trial counsel is not an issue that is limited to the trial section of any particular firm. Often, trial partners receive at least a portion of their work from partners in other sections in the firm. Therefore, care should be taken to eliminate implicit bias in the assignment of this work.8 Likewise, law firms should take care to provide networking and client development opportunities for its female associates as these activities are vital to the success of female trial lawyers. Finally, law firms should celebrate and promote the successes of its women trial lawyers, both inside and outside of the firm, recognizing that the definition of a trial success is not limited to the conclusion of an actual trial. Women must take initiative, be supportive of one another, and remain diligent and unrelenting in the pursuit of first chair. Women cannot stand idle, waiting for major institutional changes to close the gap. Individual women lawyers must forcefully seek the change that we want to see in the profession. This includes seeking out opportunities for training and opportunities necessary to develop trial skills. This includes asking for the tough assignments, critical depositions, and the opportunity to argue in court. To that end, women must take it upon themselves to master both the rules of evidence and the rules of civil procedure. In addition, pro bono opportunities often provide a chance to fill the role of lead counsel. And when all of the weight of being a wife, a mom, a daughter, a sister, a best friend, and a trial lawyer feel like too much to handle on any given day, we need to hang in there and encourage other women to hang in there too. We need to be the mentors to the younger, female associates that we wished we had when we were first-year lawyers. Clients should continue to demand diverse counsel. There has been a rising surge in the call for diversity by corporate counsel.9 Clients can proactively implement an initiative to hire women as lead coun-
sel and to require law firms to routinely provide metrics showing how women are staffed on their cases. We need more open conversations. Last year, the Center for Women in Law hosted an afternoon seminar at the Historic 1910 Harris County Courthouse called, “Promoting Women as Lead Counsel: From the Courtroom to the Boardroom.” The discussion amongst Houston judges and lawyers at the seminar was both honest in its recognition of the poor statistics, but also inspiring. The men and women in the room understood the obstacles ahead of women on the path to first chair and offered personal stories and insights on how to succeed in this profession. It felt like the start of an important conversation. But we need more conversations about the advancement of women in trial. And we need the participants in those conversations to grow and become more inclusive. Inclusive not only of people of all genders, races, and ethnicities, but also inclusive of the decision makers in our law firms, the hiring partners, and the partners with books of business. Let’s keep these conversations going. Megan Schmid is a trial associate at Thompson & Knight LLP, where she focuses her practice on business and commercial litigation. Based upon statistics provided by Law 360, Best Law Firms for Female Attorneys, dated July 23, 2017, Thompson & Knight LLP beats the law firm national average in the total number of female attorneys, and the number of female non-partners, female partners, and female equity partners. She is a member of the HBA Gender Fairness Committee. Endnotes
1. Stephanie A. Scharf and Roberta D. Liebenberg, First Chairs at Trial, More Women Need Seats at the Table: A Research Report on the Participation of Women Lawyers as Lead Counsel and Trial Counsel in Litigation, American Bar Association and American Bar Foundation, available at https://www.americanbar.org/content/dam/ aba /m arket ing /women /f irst _ch airs2015. authcheckdam.pdf. 2. American Bar Association, Commission on Women in the Profession, A Current Glance at
Women in the Law, January 2017, available at https://www.americanbar.org/content/dam/aba/ marketing/women/current_glance_statistics_ january2017.authcheckdam.pdf. 3. The same report indicated that women also remain under-represented among general counsel (19.8-24.8%), law school deans (31.1%), and among the judiciary (29-36%). 4. See Mary Ellen Egan, Too Few Women in Court, The American Lawyer (Apr. 25, 2016). 5. See Aebra Coe, ‘Lawyer-Warrior’ Myth Fosters
Gender Bias, Academic Says, Law360 (Oct. 24, 2016). 6. Supra, n. 5. 7. DRI Task Force on Women Who Try Cases, A Career in the Courtroom: A Different Model for the Success of Women Who Try Cases (2004), available at http://www.dri.org/docs/default-source/ dri-white-papers-and-reports/women-in-thecourtroom-(2004).pdf?sfvrsn=6. 8. Project Implicit, a non-profit organization sponsored by Harvard University, provides an im-
plicit bias test that lawyers can take to identify any areas of weakness in their own implicit biases. See Implicit Association Test, available at https://implicit.harvard.edu/implicit/takeatest. html. 9. See ABA Task Force on Gender Equity, Power of the Purse: How General Counsel Can Impact Pay Equity for Women Lawyers, available at https://www.americanbar.org/content/dam/aba/ administrative/women/power_of_purse.authcheckdam.pdf.
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By Preston Hutson
same circumstance. But again, as long as my friend’s story remains words on this page, it lacks any real meaning; its true power comes only when one fumbles for an explanation. How do we explain to our daughters that being the best may not be good enough? Better yet, try listening to your mothPersonally, er explain to that same these discussions daughter how she, despite thrashing her male provoked a counterparts in every more intimate billing metric her blueblooded firms put before conversation her, suffered the indignity of having it “manswithin my family, plained” to her why which includes those same counterparts were more deserving of my mother, a partnership than she. retired former How many more generations of female lawmember of yers must pass before the HBA, and we eliminate the institutional biases that lead my 16-year-old impact on the larger narto a persistent uphill rative. Yet, try explainclimb for all women? In daughter, with ing it to a 16-year-old 15 years, will we still acdesigns on law daughter immune from cept a system requiring the boilerplate rationalour daughters to choose school. izations of the status between a family and quo. Only then does one appreciate the a career? Will we continue to place infundamental unfairness the statistic stitutional hurdles our daughters must symbolizes. navigate? Engage with your fellow lawI distinctly remember being told that yers. Take heed in their stories. Simply my 1993 entering class at the Univerby listening, you lay the groundwork to sity of Houston Law Center was the confront our biases, both personal and University’s first to admit more women institutional. than men. One woman in particular Preston Hutson is of counsel with the law proceeded to make the highest grade firm of MehaffyWeber and is an associate in eight of nine of her first-year classes, editor for The Houston Lawyer. leaving the rest of us in stunned awe at
A Conversation Long Overdue
I
t should surprise no one that the planning and development of this issue spawned an animated debate among The Houston Lawyer’s editorial board about the issues confronting the HBA’s female membership. Indeed, given the larger “call to arms” underway across the country, our discussions could hardly have been more propitious.1 Personally, these discussions provoked a more intimate conversation within my family, which includes my mother, a retired former member of the HBA, and my 16-year-old daughter, with designs on law school. However well-intentioned our public discussion of these issues, this public discourse will have limited impact unless it triggers secondary discussions, like mine with my family, across our community. One can easily cite the statistic showing men are three times more likely to be a lead trial lawyer than their female counterparts.2 But as long as that number remains just another statistic among a deluge of others, it offers little 30
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“
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her academic prowess. To this day, 25 years later, she remains on the short list of those I would choose to write a brief for me. However, the institutional biases women confront daily, such as the expectation that they will choose between a family and a career, conspired to limit my brilliant friend’s ability to achieve the same heights expected of men in the
Endnotes
1. See, e.g., Brooke A. Lewis & Joy Sewing, Thousands Flock to Houston Women March for Solidarity, HOUS. CHRON., Jan, 21, 2018. 2. Stephanie A. Scharf & Roberta D. Liebenberg, First Chairs at Trial, More Women Need Seats at the Table: A Research Report on the Participation of Women Lawyers as Lead Counsel and Trial Counsel in Litigation, American Bar Association and American Bar Foundation (2015), available at https://www.americanbar.org/ content/dam/aba/marketing/women/first_chairs 2015.authcheckdam.pdf.
Large Firm Champions
Baker Botts L.L.P. Bracewell LLP Hunton Andrews Kurth LLP Locke Lord LLP Norton Rose Fulbright US LLP Vinson & Elkins LLP
Corporate Champions BP America Inc. CenterPoint Energy, Inc. Exxon Mobil Corporation Halliburton Energy LyondellBasell Industries Marathon Oil Company Shell Oil Company
Mid-Size Firm Champions Akin Gump Strauss Hauer & Feld LLP BakerHostetler LLP Beck Redden LLP Chamberlain Hrdlicka Gardere Wynne Sewell LLP Gibbs & Bruns LLP Gray Reed & McGraw, P.C. Greenberg Traurig, LLP Haynes and Boone, L.L.P. Jackson Walker L.L.P. Jones Day King & Spalding LLP Morgan, Lewis & Bockius LLP Porter Hedges LLP ReedSmith LLP
Sidley Austin LLP Strasburger & Price, L.L.P. Winstead PC Winston & Strawn LLP
Boutique Firm Champions
Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz Blank Rome LLP Dentons US LLP Edison, McDowell & Hetherington LLP Fullenweider Wilhite PC Hogan Lovells US LLP Jenkins & Kamin, L.L.P. LeClairRyan Ogden, Broocks & Hall, L.L.P. Ogletree, Deakins, Nash, Smoak & Stewart P.C. Vorys, Sater, Seymour and Pease LLP Weycer, Kaplan, Pulaski & Zuber, P.C. Wilson, Cribbs & Goren, P.C. Yetter Coleman LLP
Small Firm Champions
Coane & Associates Frye, Benavidez and O’Neil, PLLC Fuqua & Associates, P.C. Gibson, Dunn & Crutcher LLP Givens & Johnston Hunton & Williams LLP Katine & Nechman L.L.P. Katten Muchin Rosenman LLP KimLy Law Firm PLLC KoonsFuller, P.C.
MehaffyWeber, P.C. Quinn Emanuel Urquhart & Sullivan, LLP Shortt & Nguyen, P.C. Trahan Kornegay Payne, LLP
Individual Champions
Law Office of Peter J. Bennett Law Office of J. Thomas Black, P.C. Burford Perry, LLP The Dieye Firm The Ericksen Law Firm Law Office of Todd M. Frankfort Hasley Scarano L.L.P. David Hsu and Associates The Jurek Law Group, PLLC Law Firm of Min Gyu Kim PLLC The LaFitte Law Group, PLLC Law Firm of Catherine Le PLLC C. Y. Lee Legal Group, PLLC Law Office of Gregory S. Lindley Martin R. G. Marasigan Law Offices Law Office of Evangeline Mitchell, PLLC Rita Pattni, Attorney at Law Pilgrim Law Office Law Office of Robert E. Price The Reece Law Firm, PLLC Sanchez Law Firm Law Office of Jeff Skarda Angela Solice, Attorney at Law Diane C. Treich, Attorney at Law Law Office of Norma Levine Trusch Law Office of Cindi L. Wiggins, J.D. Trey Yates La thehoustonlawyer.com
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Women Who Help Women in NonProfit Law JILL CAMPBELL:
FROM SURVIVOR TO ADVOCATE By Joy Green
J
ill Campbell, managing immigration attorney at BakerRipley, is passionate about fighting to protect the rights of immigrant survivors of domestic violence, forced marriage, and sexual abuse. Campbell graduated from the University of Texas School of Law in 2010 and started her career as a clinical supervising attorney at the University of Houston Immigration Clinic. She joined BakerRipley, formerly Neighborhood Centers, in 2014. Driven by her passion to help immigrant women gain protection in the United States, Campbell’s practice largely focuses on refugee, asylum, and crime victims’ cases. Many of her clients come from countries where women lack protection in the legal system. Moreover, once these women arrive here in the United States, their troubles often continue as they have negative experiences with the judicial system and law enforcement. Campbell’s personal background led 32
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her to pursue a career in social justice. Before law school, she was the victim of a crime which led her to serve as a witness in the subsequent criminal case. Campbell found closure through the criminal justice system and sought to learn more about how women were being helped and how they were being hurt. Now, years later, Campbell believes that practicing immigration law is “the most patriotic thing you can do.” In her work representing immigrant women, Campbell takes pride in knowing that she is helping her clients further their path toward the American dream. The women who Campbell represents are often under the control of men—fathers, husbands, boyfriends—and are unable to financially or emotionally support themselves due to their lack of immigration status. Campbell’s advocacy allows her clients to obtain lawful permanent status and eventually become U.S. citizens. She enjoys seeing these women gain the ability to obtain employment which ultimately leads to financial stability. Campbell believes that financially stable women are able to “raise strong children and provide a better life” for their families. As an immigration attorney Campbell has the privilege of welcoming her clients into the United States and watch them diversify and integrate into American society. Although she knows she cannot solve all of the world’s problems, Campbell believes her work is a “small scale fight to protect those who are here” in the United States. Aside from her work as a nonprofit immigration attorney, Campbell also enjoys
mentoring young immigrant women. Campbell particularly likes working with interns who are either immigrants themselves or the children of immigrants, and guiding them into leadership roles in college and in the workforce. Through the University of Houston’s Pre-Law Pipeline Program, Campbell encourages first-generation college students who are interested in social justice to consider law school and a career as an attorney. Campbell also dedicates a significant portion of her time to advocacy, and challenges fellow practitioners to help continue protection for women under the Violence Against Women Act. Joy Green is the staff attorney for Justice for our Neighbors Houston, a ministry of the United Methodist Church. She is a graduate of Rice University and Tulane University Law School, and a member of the HBA Gender Fairness Committee.
SYRIA SINOSKI:
ATTORNEY. BUSINESS OWNER. MOTHER. PRO BONO ADVOCATE By Anietie Akpan
T
he Honorable Janet Reno, the first female Attorney General of the United States, once said, “I think lawyers who engage in pro bono service to protect those who cannot help themselves are truly the heroes and the heroines of the legal profession.” Attorney Syria Sinoski, principal attorney of Sinoski & Associates, PLLC of Spring, embodies Ms. Reno’s sentiment, by using her law practice as a vehicle to champion the legal needs of low-income
individuals and promote a culture of volunteerism in her law office and beyond. As a single mother of five children, Sinoski knew that opening her own law practice would not be easy. However, she knew it would provide a vehicle to perpetuate her ideas regarding how clients need and deserve to be served and was, therefore, worthwhile. “Clients must be served to our very highest possible capacity,” says Sinoski. “[This] means that we practitioners must fully embody our roles as advocates for our clients by fulfilling our duty to courageously serve client interests ahead of our own, lending our greatest attributes to that task, [and we must] advise clients with equally incredible honesty and respect and keep them informed along the way.” Sinoski has a unique component to her law practice: she requires every associate attorney to either have a pro bono case in progress or be awaiting the assignment of a new pro bono case at any given time. Pro bono is short for the phrase pro bono pu-
blico, which in Latin translates to “for the good of the public.” Sinoski has made it her practice to hire associates and support staff who share her belief that service to the public through the practice of law is both a privilege and a duty—particularly a duty to do good for the public. Sinoski believes that leaders should always live by the same standard that they require of those they lead; that is why she has extended her pro bono requirement to herself, by always representing a pro bono client among her cases. Her efforts have led to numerous local and state recognitions, including the Most Litigated Pro Bono Cases Award from Lone Star Legal Aid in 2014. She has also been a member of the State Bar of Texas’ Pro Bono College nearly every year since she was licensed. When asked if she finds it difficult to manage her law firm, be a practicing attorney, and be a mother to a large family, Sinoski responds with a resonating, “No.” “Honestly, I have never considered why it has not occurred to me that balancing
the three should be difficult,” she says, explaining that the ease of balancing these three distinct roles is two-fold: (1) frame of reference (“Before I began law school, I was [already] the mother of three children. By the time I walked across the stage to receive my diploma, I found myself the proud mother of five children.”), and (2) viewing each specific role as its own divine calling. For these reasons, Sinoski has never considered contemporaneously fulfilling each role as being “difficult.” She only considers the roles of being a mother, a practitioner, and a firm owner as the roles that most define her and the areas of her life that she loves most—each for different reasons and each for the different ways in which she is fulfilled. Anietie Akpan is a second-year associate at Sinoski & Associates, PLLC, a family law firm located in Spring, Texas. She is also a member of The Houston Lawyer editorial board.
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Shaw Pittman LLP, has a great group of other parents in her neighborhood who rely on each other. The parents coordinate school drop off and pick up and extracurricular activities, and they have even had joint birthday parties for their kids. All of the parents in what Amanda calls their “village” know that they can call on other parents in the village for help. Maryann Zaki, an associate at Eversheds Sutherland, also talks of a “village” and points out that, as lawyer-moms, we have to get over the fear of asking others for help.
By Anna Archer
Working Moms Making It Work
“I
don’t know how you do it all.” I have probably heard this statement hundreds of times. And I would wager that most, if not all, lawyer-moms have too. Being both a lawyer and an involved parent is hard. It is a lot of work, and it requires a lot of juggling. It takes commitment and dedication, and sometimes lawyer-moms have to make tough choices. And those choices are different for everyone. We all have different responses to “I don’t know how you do it all,” but all of our responses distill to this: “Somehow, I make it work.” This article explores how some of Houston’s lawyer-moms made it work. Their solutions are not your solutions, but I hope they will help you realize that you are not alone. We all struggle some days to make it work, but we are strong, smart, and dedicated women— and as the World War II slogan reminds us, “WE CAN DO IT!”
Family and Community Support When I was in law school, I had three young children. People often asked, “How 34
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At age 6, BJ congratulated his mom, Tracy LeRoy, on making partner.
do you do it?” I always responded that I had a supportive spouse who helped a lot. I interviewed a dozen successful lawyermoms in the Houston area for this article, and they all attributed much of their success to extensive support from their families and communities. Sherrie Young, an in-house attorney at a major oil company, has three young children and often travels for her job.1 She relies on her husband and live-in mother, who she says is her “proxy,” to help her make it work. Kara Stauffer, a partner at Alvarez Stauffer Bremer PLLC, has flown her mom down to help on occasion. Tracy LeRoy, a partner at Sidley Austin LLP, has in-laws who travel to Houston to help when needed. Jennie Basille, an Assistant United States Attorney with two toddler girls at home, has a cousin in town who has helped Jennie many times when the kids were sick or Jennie needed to travel. While this type of family support is essential to most lawyer-moms I interviewed, several find similar support in their extended communities. Amanda Halter, a partner at Pillsbury Winthrop
Taking Care of Yourself Another benefit to having family and community support is that you will have time to take care of yourself. Successful lawyer-moms all seem to agree that you have to take care of your own needs if you want to be able to take care of everyone else’s. Some lawyer-moms I interviewed wished for more time to go to the gym or read a new novel, but most of them have found ways to nurture their mental, spiritual, and physical health in spite of the extrinsic forces competing for their time. Cheri Thomas, a staff attorney at the Fourteenth Court of Appeals and mother of three girls, says that blocking out time each year for a girls’ weekend helps her maintain her sanity. Michelle Gray, a partner at Fogler, Brar, Ford, O’Neil and Gray, also makes time for girlfriends by planning a girls’ night at least once a month. And Jennie Basille takes a “me” day at least every other month so that she can go get a facial, go running, or have her hair done while her girls are in daycare. She also tries to work out regularly during her lunch hour. Other lawyer-moms put self-care on their calendars or find creative ways to fit in working out. Tracy LeRoy works out while her kids are taking tennis lessons. Michelle Scheffler, a partner at Haynes and Boone, goes to the gym after she drops her kids off at school and before heading to the office. Dani Sanchez, a single
lawyer-mom with two school-aged children, is labor-and-employment counsel at Texas Children’s Hospital; she hires a person to come sit with her kids and tidy up the kitchen while she goes running at 4:30 a.m. Some lawyer-moms similarly sneak in reading time. Sherrie Young listens to books on tape during her commute, and Michelle Gray escapes in a book for about 20 minutes a night after she has put her daughter to bed. Whatever your escape of choice, Kara Stauffer very astutely points out that “[d]efining time for yourself is critical.” So, when you need Calgon to take you away,2 call on your support network to watch the kids and go shopping, exercise, volunteer, or take in a game or show.3 Support from Other Lawyer-Moms Sometimes, lawyer-moms have to make choices that will lead to feelings of guilt no matter which solution we choose—the tough choices. If we miss something our kids are doing, we feel like we are not being the best moms we can be. If we miss something at work, we worry our partners or colleagues will think we are not as committed to the law as we should be. While the issues we face as lawyer-moms are frustrating, one thing is clear: other lawyer moms have faced similar choices. One theme that recurred during my interviews was that lawyer-moms depend on the support of other lawyer-moms to get them through the difficult times. There are several ways to find other lawyer-moms to support you when you are trying to make tough lawyer-mom decisions. The first, of course, is through organic friendships that develop along the way with law-school classmates and work colleagues. As Maryann Zaki reflects, “Just having someone to text about how crazy your life is, or to grab lunch with you on a bad day, helps you realize you aren’t alone, and that we’re all pushing through together.” Kara Stauffer says that meeting her lawyer-mom friends for coffee or lunch on a regular basis “is one of the best ways [she has] found to keep [her]
Michelle Scheffler with Joe, Margaret, and Max Jennie Basile with Amelia and Abygail
Cheri Thomas with Lucy, Rose and Iris
Tracy LeRoy with Benjamin and BJ
Dani Sanchez with Sagan and Gavin
Kara Stauffer with Caelan and Hudson
sanity intact.” These friends “are a consistent source of advice in both law and life, and provide laughter and friendship along the way.” If you do not feel you have that type of friend support at this point, a great way to find it is through informal mentoring. If you have met a lawyer-mom who seems to have all of her ducks in a row in your office or through the HBA or other groups with which you are involved, ask her to be your mentor. Take her out to lunch or coffee and ask her how she works through tough lawyer-mom choices.
Another way to get support from other lawyer-moms is through affinity groups. There are several lawyer groups in the area where lawyer-moms can meet other women who are also juggling career and motherhood responsibilities, such as the Association of Women Attorneys, the State Bar’s Women and the Law Section, and the Association of Corporate Counsel Houston Chapter of Women In House.4 There is also a group in Houston catering specifically to lawyer-moms called Moms in Law.5 And if you cannot find a group that fits your needs, you can create one. Marythehoustonlawyer.com
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ann Zaki and Michelle Gray meet a group of women lawyers for breakfast once a quarter. And Dani Sanchez founded “Latina Lawyers Network” in 2010. This group meets every other month to discuss issues that are specific to this underrepresented attorney group. Additionally, some lawyer-moms find support through social media, including the Facebook groups MothersEsquire and Girl Attorney–TX. Creative Work Solutions Many large law firms offer part-time or flex-time programs to help attorneys for whom the typical 2,000-or-more billablehours scenario does not work. These firms often offer special programming to help lawyers who are trying to balance practicing law with raising a family. Some of the lawyer-moms I interviewed found these programs helpful, but they are not a panacea. While working at a large law firm is the right option for some lawyermoms—and if this is your path, there are many women who have found ways to make that work—some lawyer-moms I interviewed have found other solutions, such as moving in house or taking government jobs with more standardized hours. And some have even started their own firms. Both Kara Stauffer and Michelle Gray, who are partners at small firms, have found that while they do not have the same defined options designed to help with work–life balance that are available in larger firms, they are able to create their own options. Kara says that this is “invaluable many weeks.” Michelle notes that she is fortunate to work in a small firm with partners who are also her friends, and as long as she gets her work done, she can easily come in a little later if needed or take her daughter to the doctor when she is sick. Taunya Painter, a mother of four, used to work as an attorney and director of international trade for a large corporation— a job that required significant international travel. When Taunya decided to change jobs, she partnered with her husband in the Painter Law Firm. She likes 36
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the arrangement because she never has to apologize when she has a sick child, and she and her husband can cover for each other—at work or at home—as needed. Carey Worrell, a solo practitioner and mother of two school-aged children, designs her work schedule around her mom responsibilities. She can work part-time while her kids are in school by only taking small matters that will work with her schedule. She has a virtual-office service that covers calls and offers an address for her letterhead, and there are conference rooms available in a physical space for when she needs to meet with clients. She was fortunate to find another lawyermom and solo practitioner who likes to work on more drawn-out matters, and they refer matters that do not work with their individual firm mottos to each other. Of course every lawyer-mom’s work solution will differ because we all have different reasons for wanting to practice law and different professional goals. The take away is that other lawyer-moms have found the right work solutions to fit their goals, and there are many different ways to be a successful lawyer-mom. As my teenage daughter tells me (usually when I am making a huge fashion faux pas): “You do you.” General Advice The lawyer-moms I interviewed were very happy to share their experiences so that other women could benefit from what they have learned. Some of them had very helpful advice for other lawyer-moms trying to make it work every day. Tracy Le Roy cautions lawyer-moms not to be apologetic to people with whom they work for having kids and not to apologize to your kids for having to work. Jennie Basile advises to “focus on the moments of joy every day and not let everything feel like a chore.” Michelle Gray says to “give yourself a little slack” as there “will be days you are a great mom, but sub-par on the work front,” and “other days that you’ve killed it professionally, but weren’t able to attend a school function or forgot something for show-and-tell.” Michelle Schef-
fler, Dani Sanchez, and Sherrie Young all recommend outsourcing the chores you do not enjoy. Michelle also recommends focusing on face-time with the kids and not overcommitting to volunteer or school activities that aren’t directly related to being with them. Amanda Halter says to “[g]et rid of the guilt. It’s not doing anything for you or your children.” And Cheri Thomas sums it up by advising fellow lawyer-moms to “be gentle” with themselves. And When That Does Not Work, Tomorrow is Another Day Sometimes, despite good advice from friends who have been in your shoes, support from your families and communities, and valid attempts to find the right work arrangement, you reach the end of the work day, the kids are in bed, a late night show is on the television, and you think, “Wow, this was a bad day. Nothing worked out like I planned.” The good news is, we have all had those days, and, as Scarlett O’Hara reminds us, “Tomorrow is another day!” Anna Archer is a career law clerk to the Honorable Gray H. Miller, a United States District Court Judge in the Southern District of Texas. She is also a member of The Houston Lawyer Editorial Board and the HBA Gender Fairness Committee. She would like to thank all of the lawyer-moms who agreed to be featured in this article. Endnotes
1. Sherrie Young is a pseudonym. The other names in this article are real. 2. “Calgon take me away” is a slogan from a series of commercials for Calgon bath products. See, e.g., Calgon Commercial (1988), https://youtu.be/sNgZFxAnKtA. 3. Don’t forget to take advantage of your HBA discount for TUTS theatre tickets, HABLA Spanish classes, a Houston Rockets game, or a shopping spree at Brooks Brothers. To see all of the great discounts available with you HBA membership, visit https://www.hba. org/membership/member-benefits/. 4. For more information about Texas women’s networking groups, see http://www.texaswomenlawyers.net/ home/resources/national-organizations/. To learn more, specifically, about the Women In House group, visit http://www.acc.com/chapters/houst/women-inhouse.cfm. 5. Moms-in-Law (@momsinlaw), FACEBOOK, https:// www.facebook.com/momsinlaw/ (last visited Jan. 24, 2018).
A Profile
in pro f e s s i o n a l i s m
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Ellyn Haikin Josef Vinson & Elkins LLP
roviding legal services to those who cannot afford them is as much a part of the legal profession as billing by the hour. The ABA Model Rules tell us that all lawyers have a professional responsibility to perform legal services to those unable to pay. Section 6 of the Preamble to the Texas Rules of Professional Conduct states that lawyers have an ethical obligation to do pro bono, and that every lawyer, regardless of professional prominence or workload, should be doing pro bono. Professionalism for lawyers includes performing legal work for those in need. Since I was 8 years old, I knew I wanted to work to make things fair for everyone. My journey led me to a career in public interest, representing low-income Houstonians on a full-time basis. This went to the heart of my desire to combat unfairness – why should one person have more access to justice than another, solely based on their assets or income?
From law school clinics, to clinic staff attorney, and finally to pro bono counsel, I have sought to bring fairness and equity to those with less means. This is my passion and my profession. But this is not the only way to meet the obligations of our profession. As pro bono counsel at Vinson & Elkins, I spend my time shepherding over 600 lawyers in fulfilling their professional obligation. These lawyers have decided that complex commercial litigation or intricate transactions will be the primary force in their careers, but they fulfill their ethical obligation by participating in V&E’s pro bono program. V&E lawyers donate nearly 30,000 pro bono hours annually to organizations and individuals in need. Professionalism, as a lawyer, mandates donating legal services to the community, whether as a fulltime legal services lawyer, or a lawyer in the private sector. Ensuring access to justice is a driving force of our profession, and of my life.
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Honoring the Spirit of Service at Foundation Luncheon Barrett Reasoner Takes Office as 2018 Foundation Chair
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he Houston Bar Foundation marked its 36th year by introducing new officers and recognizing the contributions of volunteers who provide pro bono legal representation and other services to the community at its Annual Luncheon on February 8 at the Marriott Marquis Houston. Barrett Reasoner, partner at Gibbs & Bruns LLP, took office as the 2018 chair of the Houston Bar Foundation, succeeding Travis Sales of Baker Botts L.L.P. They keynote speaker was Houston businessman and philanthropist Jim “Mattress Mack” McIngvale, who opened the doors of his Gallery Furniture store to those displaced by Hurricane Harvey and helped families recover after the storm. Jeffrey Kaplan of LyondellBasell will serve as vice chair of the Foundation and Jim Hart of Williams Kherkher Hart Boundas will serve as treasurer. Newly-appointed directors for 2018-2020 are Susan L. Bickley of Blank Rome LLP; Neil Kelly of Hunton Andrews Kurth LLP; Jason Ryan of CenterPoint Energy, Inc.; and Denise Scofield of Winston & Strawn LLP. Completing terms as directors for 2017-2019 are Charles S. (Chip) Casey of Exxon Mobil Corporation; Tom Godbold of Twin Eagle Resource Management, LLC, and Travis Torrence of Shell Oil Company. Sales will serve on the board as immediate past chair. Sales and Reasoner presented the Foundation’s annual awards for pro bono service through the Houston Volunteer Lawyers Program (HVL), volunteer mediation services through the Dispute Resolution Center (DRC), and legal writing in The Houston Lawyer, the HBA’s professional journal.
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Barrett Reasoner, 2018 Chair of the Houston Bar Foundation.
Travis Sales, Jim “Mattress Mack” McIngvale and Barrett Reasoner.
Sam M. (Trey) Yates and Mike Day of Trey Yates Law Firm were honored as the authors of the Outstanding Legal Article published last year in The Houston Lawyer.
Ellyn Josef accepted the award for Outstanding Contribution to the HVL by a Large Firm on behalf of Vinson & Elkins LLP.
Tracie Renfroe, right, and Jeremiah Anderson accepted the award for Outstanding Contribution to the HVL by a Mid-size Firm on behalf of King & Spalding LLP.
Daniel O’Neil accepted the award for Outstanding Contribution to HVL by a Small Firm on behalf of Frye, Benavidez & O’Neil, PLLC.
Ivett Hughes, left photo, accepted an award on behalf of Halliburton while Chip Casey, right photo, accepted an award on behalf of Exxon Mobil Corporation, both honored for Outstanding Contribution to HVL by a Corporation.
Austin M. O’Toole was honored for Outstanding Contribution to the Dispute Resolution Center for the second consecutive year.
Keri D. Brown of Baker Botts L.L.P., left photo, and M. Scott Bresk of the Harris County Attorney’s Office, right, photo, were both honored for Outstanding Contribution to HVL by an Individual.
Russell C. Ducoff was honored for Longevity of Exemplary Service to the Dispute Resolution Center. thehoustonlawyer.com
March/April 2018
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33rd John J. Eikenburg Law Week Fun Run Benefits The Center
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he HBA John J. Eikenburg Law Week Fun Run on February 17 benefited The Center, a nonprofit agency that provides opportunities that promote individual choice, personal growth and community involvement for persons with developmental disabilities so they may reach their maximum potential. Over the life of the race, the HBA Fun Run has raised nearly $1,400,000 in contributions to The Center. More than 600 runners and walkers participated in the event in
downtown’s Sam Houston Park. Named for the HBA president who founded the race in 1985, the John J. Eikenburg Law Week Fun Run is truly a team effort that involves many months of planning and coordination. Special thanks to race directors Kimberly Chojnacki, Cassandra McGarvey, John Strohmeyer and the entire Fun Run Committee. Photos by Anthony Rathbun Photography.
Runners start the 8K race. The rain held off while runners and walkers enjoyed refreshments, music and activities after the race in Sam Houston Park.
Members of the Eikenburg family attended to support the race, named for the late John J. Eikenburg, who started the event as HBA president. Pictured are Elizabeth Eikenburg, John Eikenburg III and John Eikenburg, Jr.
Residents of The Center supported the race by participating in the family walk. 40
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Richard Rosenberg, president of The Kids take off for the 1K Children’s Run. Center and HBA member, with his daughter, Allison; Alistair Dawson, president of the HBA; Constable Alan Rosen and Captain Carl Shaw of Precinct One, which co-sponsored and provided security for the race.
Strasburger & Price took home the President’s Trophy for the fastest law firm team of John Spiller, pictured, Geoff Streit and Kylee O’Daniel.
The Center sold ginger snaps and other treats in tins hand-decorated by residents.
HBA Fun Run Sponsors Gold Sponsor Anne & Don Fizer Foundation Archer Solutions Exxon Mobil Koons Fuller Locke Lord LLP Matthews & Associates Isabelle & Eric Mayer Norton Rose Fulbright US LLP Serpe, Jones, Andrews, Callender & Bell, PLLC Vinson & Elkins LLP Silver Sponsor Jeffry S. Abrams, Attorney-Mediator Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz Alvarez Stauffer Bremer PLLC Amicus Andrews Kurth Kenyon LLP Baker Botts LLP Baker Hostetler Baker McKenzie BDO / Haran Levy Beck Redden LLP Justice Jane Bland and Doug Bland Bracewell LLP BRG Berkeley Research Group BWA Video Judge Kyle Carter, 125th District Court Dentons Fullenweider Wilhite, P.C. Germer PLLC Gray Reed & McGraw, P.C. Hartline Dacus Barger Dreyer LLP HBA Family Law Section HBA Real Estate Section Hirsch & Westheimer, P.C Holland & Knight, LLP Holmes, Diggs & Sadler Howard Mediations HSSK, LLC Irelan McDaniel, PLLC Jenkins & Kamin, LLP Johnson DeLuca Kurisky & Gould PC Johnson, Trent & Taylor, L.L.P. Jones Day King & Spalding LLP Latham & Watkins Levine & Co. Real Estate Brokerage LLC Lexitas Cassie & James McGarvey Morgan, Lewis & Bockius LLP Nathan Sommers Jacobs, A Professional Corporation Trey Peacock Rapp & Krock, P.C. Ross Reporting Services, Inc. The Seiler Law Firm Shook Hardy Bacon Sidley Austin LLP South Texas College of Law Houston Squire Patton Boggs (US) LLP Strasburger & Price
The Law Office of Diane St. Yves, PLLC Susman Godfrey L.L.P. TechnipFMC Thompson & Horton LLP Tindall England PC Veritas Research, L.P. Judge Wesley Ward, 234th District Court Winston & Strawn LLP Worldwide Court Reporters, Inc. Xact Data Discovery Friends of Fun Run Johnny and Tia Carter Corzo Group Properties Judge Mike Engelhart Erica & Charles Harris Houston Bar Association Auxiliary Charitable Fund, Inc. The Lanier Law Firm Oliver Pennington Alicia & Shawn Raymond Stout Supporters who have made the race possible include: 1100 Smith Garage The Art Institute of Houston Eddie Avila Blackhawk Security Buffalo Specialties The Center Artisan Crafts The Center Gingersnaps, Etc. Chick-fil-A The Coca-Cola Company Faust Distributing Company & Bob Stokes Gainsborough Waste Texas Outhouse Inc. Gulf Coast Regional Blood Center HARRA – Houston Area Road Runners Association Jimmy Brill, PC JOLYN Texas Running & Dryland LD Systems Todd Lonergan Nothing Bundt Cakes Run Houston Timing RunSignUp Snobunnysnoballs State Farm Doug Teel Valeo PT Massage Therapists Wash America Watermill Express Security Constable Alan Rosen and his staff from Precinct 1 Master of Ceremonies Services donated by long-time emcee, Lee Jolly Music Grand Old Grizzly
To view complete race results and more photos, visit hba.org/committees/ hba-john-j-eikenburgfun-run thehoustonlawyer.com
March/April 2018
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OFF THE RECORD
Good Stewards of the Written Word
Houston Attorneys Bring Books to African Nations
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The Houston Lawyer
By Kristen Lee
Taken by the project, Kevin soon traveled to Uganda himhey were driving back to Houston after an appelself. In June 2015, Kevin, along with seven other volunteers, late oral argument in Marshall when Kevin Dubose made the trek to the West Nile region of Uganda. Good Steward asked Mark Cotham, “So, what’s next?” They had found empty rooms in government buildings to house librarbeen working together on an appeal and it was time ies and worked with local metalto set their sights on workers to build the bookshelves. their next projects. But Mark’s The volunteers trained the local response was not about law praclibrarians in the art of library tice. Instead, Mark responded science, unpacked and arranged that he was going to devote more in the books roughly in Dewey time to a non-profit that had been Decimal order and held opening building libraries in Uganda. ceremonies for 8 to 10 libraries “Mark is a true visionary,” in two weeks. The communities Kevin said. “He had seen the juxrallied around these efforts. The taposition of two circumstances: hope is that the libraries can be a profound shortage of books in a positive force in communityUganda (which increased illitbuilding—not just storehouses eracy and poverty) and a culture for books, but community cenin the United States that was increasingly trying to get rid of Some of the Good Steward 2017 team members setting up the La- ters that host gatherings from donga Library. The photo includes Mark Cotham in the red shirt, books. Instead of just saying, Justice Harvey Brown in the black Texas shirt with Kevin Dubose women’s empowerment courses to chess clubs. ‘Hmm, isn’t that ironic,’ and walk- next to him, and John Wallace in the green shirt. “It was a wonderful, heartwarming experience. It transing away, he found a way to do something about it.” formed my perspective and attitude about my first-world probMark had been to Uganda before. Seeing the need for many lems when back home in the U.S.,” Kevin said. elements of daily living that we often take for granted, Mark There have been bumps in the road. For example, the people began to ask people he met: “What do you need most?” The living in the former British colonies where Good Steward has local people provided the answer: Education. And one of the been thus far—Uganda, Kenya, Malawi, Jamaica—speak with a biggest starting points for improving education and combatting proper English accent that Texans are not entirely accustomed illiteracy is procuring books. Mark began working with family to hearing. And likewise, Texas accents often impede underand friends in the basement of Chapelwood United Methodist standing of librarian training courses. There have been instancChurch to collect, sort, and ship books to Uganda. The project es in which, after the excitement of an opening ceremony faded was dubbed the Good Steward Global Initiative. and the volunteers have gone home, the local governing body Soon, the project outgrew the basement and Good Steward neglects to pay its librarian and the project struggles to stay found it necessary to rent an aisle at the Houston Food Bank. open. But the Good Steward works to overcome these obstacles. Mark pitched a Saturday morning volunteer shift to Kevin by Last year, the Good Steward volunteers helped to train 42 loappealing to what Kevin calls his sense of intellectual snobcal librarians over a four-day period. They partnered with a lobery. Mark suggested Kevin seemed like the kind of person who cal university to harness the resources of individuals there with seemed to enjoy being around books, and might enjoy imposlibrary science degrees to help more easily communicate and ing order on chaos by helping to sort hundreds of books to be strengthen the new librarians’ skills. The group continues to shipped to communities in Northwest Uganda. 42
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HOUSTON LAWYERS WHO MADE A DIFFERENCE
World War I SERIES
Lieutenant William B. Bates W
By The Hon. Mark Davidson illiam Bartholomew Bates graduated from the University of Texas School of Law at the top of the Class of 1915. Legal superstardom was clearly in store for him. He moved to Bay City, Texas, and had made great strides in starting a lucrative career when the United States entered World War I. Abandoning his practice in defense of his country, he immediately enlisted and was quickly promoted to the rank of lieutenant. He was assigned to the 358th Battalion of the 90th Division, one of the most active detachments of the American Expeditionary Forces. The first offensive action by U.S. soldiers in the war was the battle over the St. Mihiel Salient, an area in northeastern France. Led by Gen. John Pershing and junior officers such as Col. George S. Patton and Col. George Marshall, it was an effort to push German troops back miles instead of yards. The attack was successful – to a point. The leadership of the 358th was wiped out by a series of mustard-gas at-
tacks and fierce German counteroffensives. All of the frontline captains and the lieutenants in the 358th were killed or seriously wounded. Lt. Bates took two bullets in his arm. Realizing that there were no oth- Lt. William B. Bates er officers to fill in, Lt. Bates refused to leave his troops and led the 358th to an advance beyond their assignment, capturing supplies and German prisoners. Only at the end of the day, and after a relief officer arrived, did Lt. Bates agree to be carried to the rear for medical treatment. The next month, he returned to his detachment in time for the Meuse-Argonne offensive, where he took a bullet in his shoulder. Once again, he refused to retreat until his men had a new commanding officer. His service to the public did not end with the
explore ways to “train the trainers” and work in collaborative and engaging ways to ensure librarians have the skills to meet the needs of their communities. Mark has semi-retired from the practice of law and devotes much of his time to serving as a volunteer director, president and CEO of Good Steward. His passion for the project has helped to recruit other Houston lawyers to the cause as well. Houston lawyer John Wallace will be making his third trip to Uganda in March 2018 and Kevin will be going for the fourth year in a row. First Court of Appeals Justice Harvey Brown made the trek last summer and continues to be involved, with particular interest in ensuring that each library has a well-stocked and balanced collection of religion books. Good Steward takes its name seriously, and its volunteers try to be good stewards of the Kevin Dubose with a student at Arua contributions the group receives. By using volSecondary School. unteer labor, donated books, and efficient techniques, they greatly reduce administrative costs. The HBA’s lawyers for literary Book Drive has donated books to Good Steward for the past four years. But they always need donations of time (Saturday morning sorting and annual trips to developing nations), books, and money (primarily for shipping costs). More information about how you can help Good Steward Global Initiative can be found at www.goodstewardglobal.org. Kristen Lee is an Assistant County Attorney in Harris County Attorney Vince Ryan’s Office where she coordinates responses to open records requests and handles media relations. She is a member of The Houston Lawyer Editorial Board.
war. He was elected District Attorney of Nacogdoches County in 1920. He took on the Ku Klux Klan, who defeated him in the 1922 election. Moving to Houston, he was hired by the recently formed firm of Fulbright and Crooker, now known as Norton Rose Fulbright. He was a founding trustee and chairman of the board of the M. D. Anderson Foundation, president of the Houston School Board, and a member of the University of Houston Board of Regents. He was active in the practice of law until his death in 1974. His contributions to our community have outlived him by many years. To the soldiers of the 358th Battalion, to the French civilians who were liberated, and to our community, W.B. Bates made a difference.
The Hon. Mark Davidson is an MDL judge and judge (retired) of the 11th District Court. His column for The Houston Lawyer focuses on Houston attorneys who have had significant impact on the law, the legal profession and those served by the law.
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LEGAL TRENDS
The topic of the #Metoo movement has become an enormous cultural phenomenon surrounding issues ranging from harassment and discrimination to assault and rape. The editors of The Houston Lawyer do not endeavor to cover such weighty issues in a few short columns, but we believe the movement is too important to not at least acknowledge in an issue devoted to women and the law. We hesitate to use the label of “legal trend” as some might think we consider this movement only a “phase.” In truth, we hope this movement will cause a paradigm shift in our culture. In these two columns, we only seek to address the legal trend ripple effects and undercurrents caused by the movement. From our board discussions, the MOST important suggestion is that all firms, small or large, must talk about these issues at board meetings or in committee instead of waiting for HR to react to a problem; to ignore or set the issue aside will only serve to exacerbate the problems.
#Metoo: The Survivors
O
The Houston Lawyer
By Jessica L. Crutcher
ver the previous months, women1 of every generation, socio-economic status, level of education, career, country, ethnicity, religion, and sexual orientation have raised their collective hands and said—often for the first time—“me too.” “I, too,” they say, was raped, sexually assaulted, stalked, sexually harassed, groped by strangers on the street, made to fear for our safety, our lives, in so many different ways that we have all lost count. Here are some statistics. According to the Center for Disease Control’s research, almost one out of five women in the United States has been 44
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raped (18.3%). This is almost 22 milFor those who wonder why women lion women. Almost half of all women have remained silent, it is important to (44.6%) have been victims of some othremember that the Brock Turner case er type of sexual violence. This is more is not an outlier. A few weeks ago, two than 53 million women. Texas is above Chicago teenagers received probation for the national average in both rape (21.7%) their role in gang raping a 15-year-old and other sexual violence (45.5%). This girl. There was no question of guilt acis more than 6 million women in Texas cording to the NPR report—the gang alone. If the #metoo movement seems rape was videoed and livestreamed on overwhelming in the sheer number of Facebook. It is no wonder that survivors women speaking out, this is why. These elect to not re-traumatize themselves numbers are, indeed, overwhelming. only to see their rapist convicted yet Survivors of sexual right back on the street, violence suffer from high as if rape were no more According to rates of PTSD, depression, serious than jaywalking. the Center for and physical manifestaAnd it’s no wonder sexual tions of severe stress like predators think they can Disease Control’s chronic pain, headaches, get away with it. They research, almost and stomach problems. have been. Attempted suicide is not It’s going to take our one out of five uncommon. For those justice system time to readers who do voluncatch up to the groundwomen in the teer work with our veterswell of women who United States has ans, these symptoms will are finally finding the sound familiar. This is strength to stand up and been raped how the human mind and publicly demand justice body attempts to process for themselves and their (18.3%). This is incomprehensible traufellow survivors. It has almost 22 million ma. We are 75 million started with millions of women, and we are here. women who, thanks in women. We are school-teachers, large part to the power of engineers, students, stay-at-home-moms, social media, have suddenly realized that executives, and—yes—lawyers. We are they are not alone. That we do not have to the women you work with, live with, see deal with our trauma in silence any lonevery day. Look around. ger. That being survivors of sexual vioThis is not fun to talk about. Men have lence does not make us weak or damaged told me how difficult it is to hear so many or unworthy of a happy life—that it just accounts of rape. I say “imagine how we makes us survivors. And I believe our feel.” justice system is up to the challenge. Women generally have every reason to not report rape. Typical reasons include Jessica L. Crutcher is a Houston-based a fear that we will not be believed (note lawyer practicing with Mayer Brown LLP. that many individuals’ first reaction to The opinions expressed in this article are #metoo was not concern for the victims, those of the author and not of the firm. but concern for the reputations of the men accused); fear of retaliation; a need Endnotes 1. Because the focus of this publication is women, to stop re-living the trauma; shame; and I have focused this article on female survivors of a general belief that not much is likely to rape. However, it is crucial to remember that many happen to the rapist, anyway. men are also survivors of sexual assault.
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LEGAL TRENDS
#Metoo: Now What?
I
By Sarah A. Duckers
conversed recently with a friend about published allegations of abuse against several women by one man. My friend snidely commented “Of course he denied it. They all do.” I noted that, of course, people who are innocent also deny such allegations. Which made me wonder how does someone wrongly accused deal with the accusation, when the assumption is a denial is not credible? Let me be clear, I think women who have been subjected to sexual harassment or other kinds of abuse should feel free to speak out and should be taken seriously. I am painfully and personally aware that such was not always the case. But I also know of cases where the initial complaints turned out to be false. The allegations of rape against members of the Duke Lacrosse team come to mind as a particularly pointed example. False allegations can cause real damage to those accused. It is important for people to keep an open mind and look at all the facts. A larger concern to me is how men will act moving forward to avoid being accused of inappropriate behavior, given the perception that “they all deny it.” Did the glass ceiling just get thicker? Will male lawyers refuse to include women on cases or deals that involve travel? Not include them in social activities like going out for drinks after work, to lunch, or to play golf? If women do not have the same opportunities as men in the work
they are assigned to do, and/or are excluded from the same social connections their male counterparts are given access to, the result is obvious. Women will not be mentored by men, will not learn, will not succeed. I know I have already heard men indicate they are changing how they interact professionally with female subordinates. To the extent that means they interact less, it is the wrong reaction. What is the answer? The easy answer is that men should treat women with respect and equality. If you would not say or do something to or with a male lawyer who works with you, you should not do or say it to the female lawyer. If you would not call a male associate “honey” or “babe,” or always ask him to arrange for lunch for the client meeting, do not ask the female associate. Do not always default to asking the woman to take the notes in a meeting, or type up the new draft of a document, particularly if there are equal or more junior male associates who are equally capable. Include the female associate on business travel or social activities just like you would the male associate. Mentor them the same. For purposes of the practice of law, men and women ARE the same in their need for training, mentoring and experience. Finally, although it should not have to be said (but for some it apparently still does), KEEP YOUR HANDS and LIPS TO YOURSELF. Oh, and do not send to anyone risqué pictures of yourself (ew) —no one wants to see that and nothing good can come from that. Sarah A. Duckers is a founding partner at Sechrist Duckers LLP practicing general civil litigation. She first practiced law at Vinson & Elkins LLP from 1986 to 2002 before starting her own practice
Did You Know? www.hba.org
Your HBA membership grants you exclusive access to
over 185 hours of MCLE credit ONLINE for FREE! Log in to www.hba.org/CLE today to enjoy CLE videos from the comfort of your own screen.
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Media Reviews
The Trial of Adolf Hitler: The Beer Hall Putsch and the Rise of Nazi Germany By David King W.W. Norton & Company 2017
O The Houston Lawyer
Reviewed by Steve Wisch
n April Fool’s Day in 1924, Adolf Hitler was convicted of high treason for spearheading a failed putsch (coup) to overthrow Germany’s Weimar government. The maximum punishment that Hitler faced was confinement for life, or deportation to Austria. At best, Hitler’s prospects appeared dismal. In the first full-length book on Hitler’s infamous failed beer hall putsch in Munich in November of 1923 and on the subsequent show trial, covered by more than 300 international reporters, author David King’s recently published book provides the first detailed account in English of the ironies and dramatic twists that allowed a virtually penniless, disgruntled agitator to manipulate Germany’s post-World War I woes—and a failed coup—to boost his fledgling political career to the apex of German power and one of history’s
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greatest butchers. Perhaps the most important detail for American lawyers to remember about Hitler’s trial is that it was a pervasively political trial. Germany’s National Socialist Party (Nazi) was founded in 1919 to protest crippling reparations, military restrictions, and an overall sense of national disgrace that permeated post-War Germany. As Germany’s woes worsened because of crippling inflation due to the Weimar government’s decision to print more money to meet reparation payments, severe unemployment, and increasing popular dissatisfaction, the fledgling party offered Hitler an opportunity to manipulate his adopted nation’s woes into personal political opportunities. Having picked at the scabs of Germany’s blisters, Hitler found the common denominator of transforming himself from a penniless failed artist, albeit highly decorated German World War I veteran, to preach that Germany had been polluted by greedy businessmen, incompetent bureaucrats, and a liberal press, and of course promoting seething hatred fixated on anti-Semitism, but also extended to gypsies, homosexuals, and the physically and mentally feeble. As King tells the story of the Munich beer hall putsch and its aftermath, upon reflection, Hitler’s willingness to take amazing risks is inescapable. Later—much later—Hitler’s generals would wrestle with the furher’s instincts versus their own travails. How likely was it that a disheveled former German corporal would stage a successful revolution from a Munich beer hall, after a night of heavy drinking and frolicking? Despite support from ele-
ments in Munich’s police force, Herman Goering (an ace German pilot in World War I), and talented propagandists, Hitler’s revolution crumbled quickly. And though the future Master of Germany bemoaned his fate and threatened suicide, at least two critical factors emerge from King’s fascinating chronicle. First, Hitler seized upon his trial to denounce Germany’s Weimar government and to blame Germany’s Jews and international businessmen for its national humiliation. Tried with nine codefendants, Hitler’s court performance was clearly the drawing card that attracted international interest—his penchant for outbursts in court and impromptu speeches were all designed for a larger audience: millions of disgruntled hungry Germans, ready for salvation. Hitler’s 24-day trial resulted in his conviction for high treason, but his diatribes, widely reported as being shouted, hit their mark. Second, a sympathetic trial judge did not mete out a harsh sentence: instead of life imprisonment, Hitler was sentenced to five years. He served less than a year in comfortable conditions, and he was provided a comfortable cell where he began writing Mein Kampf (“My Struggle”), while receiving scores of visitors, bouquets of flowers, and other presents. Perhaps the greatest gift that Hitler received was the trial itself that provided him international publicity and a launching pad for a political career that resulted in the convict becoming Germany’s chancellor less than 10 years after his April Fool’s Day conviction. Steve Wisch is a Houston solo practitioner, whose practice is substantially limited to health, life and disability cases. Wisch is a former reporter. He has practiced law in Houston since 1983 and has previously served on The Houston Lawyer editorial board.
Media Reviews
Images with Impact: Design and Use of Winning Trial Visuals By Kerri L. Ruttenberg ABA Book Publishing 2017
H
Reviewed by Poorav K. Rohatgi
ow do you explain intricate and verbose statutes to a lay juror? Many attorneys focus their trial preparation on developing facts and themes but fail to present those ideas to jurors in an effective manner according to Kerri Ruttenberg, the author of Images with Impact: Design and Use of Winning Trial Visuals. Kerri Ruttenberg is an experienced trial attorney and graphic designer. Recognizing the difficulty of explaining complicated legal topics to jurors, Ruttenberg wrote this book to assist attorneys in “turn[ing] trial themes into visual images that a jury is more likely to understand, believe, and remember.” In four parts, the book walks the reader through the importance of using effective demonstratives during a jury trial. First, Ruttenberg explains the psychology of human communication and
how a visual can be an effective tool in impacting perception. This section relies on studies and elaborates on the likely challenges that jurors face when processing information during a trial, such as fatigue, memory failure, and inattention. Second, the book highlights tools Ruttenberg has used in a wide array of cases to “create visual memories” for jurors that tackle those same challenges that jurors might face during trial. While encouraging basic text in presentation slides, Ruttenberg does not shy away from the use of busy slides—instead she encourages attorneys to feed the information in a busy slide gradually to the juror, step-by-step, a process she labels a “volume build.” Additionally, Ruttenberg explains the importance of clean charts, graphs, and diagrams, among other tools, and the necessity of removing extraneous information from presentation slides. The book’s final two parts focus on Graphic Design 101—stressing the power of tinkering with various visual variables in a presentation slide, such as color, white space, proximity, alignment, and repetition—and common pitfalls, i.e., when an attorney’s visuals depict unintended messages and stories. Before spending significant time constructing visuals for a trial or hearing, some basic research regarding the court’s likelihood of allowing the presentation of demonstratives is a must. And if the visuals are permitted, Ruttenberg insists, “you’ll do wonders to help your jurors understand, believe, and remember your message—all thanks to using images with impact.” Poorav K. Rohatgi is a litigation associate at Haynes and Boone, LLP.
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