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DISASTER PREPAREDNESS from Hurricane Harvey to Winter Storm Uri, Disasters Can Disrupt Our Lives and Livelihoods

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DISASTER PREPAREDNESS from Hurricane Harvey to Winter Storm Uri, Disasters Can Disrupt Our Lives and Livelihoods June 2021 h texasbar.com/tbj THE TEXAS BAR JOURNAL DISASTER PREPAREDNESS From Hurricane Harvey to Winter Storm Uri, disasters can disrupt our lives and livelihoods. Are you and your practice prepared? What you need to know to build a successful plan. PLUS–––– CELEBRATING THE 75TH ANNIVERSARY OF THE LANHAM TRADEMARK ACT &5$6&5$6++::225757+,11(66(66 :H 'LGQ¶W ,QYHQW WKH :RUG :H '(),1(' LW (YHU\ YHKLFOH DFFLGHQW FDVH \RX KDQGOH KDV WKH SRWHQWLDO WR EH RQ RQH RI WKH UDFNV RU LQ RQH RI RXU VL[ LQVSHFWLRQ ED\V DW WKH ¿UP¶V )RUHQVLF 5HVHDUFK )DFLOLW\ :H FRQWLQXDOO\ VWXG\ YHKLFOH VDIHW\ WKURXJK WKH XVH RI HQJLQHHULQJ ELRPHFKDQLFV SK\VLFV DQG LQQRYDWLRQ ,I \RX KDYH DQ\ TXHVWLRQV DERXW D SRWHQWLDO FDVH SOHDVH FDOO XV 7KHUH PD\ EH YHKLFOH VDIHW\ V\VWHP GHIHFWV 6XEMHFW 9HKLFOH 7HVW 9HKLFOH WKDW FDXVHG \RXU FOLHQWV¶ FDWDVWURSKLF LQMXU\ RU GHDWK 7KH ODZ ¿UP EĂƟŽŶǁŝĚĞ WƌĂĐƟĐĞ ĞĚŝĐĂƚĞĚ ƚŽ sĞŚŝĐůĞ ^ĂĨĞƚLJ %HQJDO 6WUHHW 'DOODV 7H[DV THE OFFICIAL PUBLICATION OF THE STATE BAR OF TEXAS THE TEXAS BAR JOURNAL trey APFFel EDITOR-IN-CHIEF John sirmAn EXECUTIVE EDITOR lowell Brown PAtriciA BusA mcconnico DEPUTY EDITOR MANAGING EDITOR AdAm FAderewski eric QuituguA Antonio c. gArcÍA ii ASSOCIATE EDITOR ASSISTANT EDITOR GRAPHIC DESIGNER susAn BrennAn tAmi knoll MARKETING AND OUTREACH MANAGER PRINTING COORDINATOR STATE BAR OF TEXAS OFFICERS AND DIRECTORS lArry P. mcdougAl sylviA BorundA Firth rAndAll o. sorrels John chArles “chArlie” ginn PRESIDENT PRESIDENT-ELECT IMMEDIATE PAST PRESIDENT CHAIR OF THE BOARD Richmond El Paso Houston McKinney BOARD OF DIRECTORS BENNY AGOSTO JR. HOUSTON ALISTAIR B. DAWSON HOUSTON YOLANDA CORTÉS MARES TEMPLE JASON C. N. SMITH FORT WORTH JEFFREY W. ALLISON HOUSTON MARIA HERNANDEZ FERRIER SAN ANTONIO CARRA MILLER CORPUS CHRISTI DIANE ST. YVES HOUSTON ANDRÉS E. ALMANZÁN EL PASO STEVE FISCHER EL PASO LYDIA ELIZONDO MOUNT McALLEN ANDREW TOLCHIN HOUSTON CHAD BARUCH DALLAS VICTOR A. FLORES McALLEN STEPHEN J. NAYLOR FORT WORTH SANTOS VARGAS SAN ANTONIO KATE BIHM CONROE LUCY FORBES HOUSTON JEANINE NOVOSAD RISPOLI WACO G. MICHAEL VASQUEZ AUSTIN REBEKAH STEELY BROOKER DALLAS SHARI GOLDSBERRY TEXAS CITY CARMEN M. ROE HOUSTON AMY WELBORN AUSTIN DAVID N. CALVILLO HOUSTON MARC E. GRAVELY SAN ANTONIO ADAM T. SCHRAMEK AUSTIN JAMES WESTER AMARILLO LUIS M. CARDENAS EDINBURG AUGUST WATKINS HARRIS III AUSTIN MARY L. SCOTT DALLAS KIMBERLY PACK WILSON STEPHENVILLE DEREK COOK MIDLAND BRITNEY E. HARRISON DALLAS DAVID SERGI SAN MARCOS ROBERT D. CRAIN DALLAS WENDY-ADELE HUMPHREY LUBBOCK ALAN E. SIMS CEDAR HILL CHRISTINA M. DAVIS TYLER MICHAEL K. HURST DALLAS D. TODD SMITH AUSTIN LIAISONS TO THE BOARD JUDGE LES HATCH LUBBOCK JUSTICE DEBRA H. LEHRMANN AUSTIN JUDGE KEVIN P. YEARY AUSTIN DENISE REID HOGGARD LITTLE ROCK, ARKANSAS JUDGE DAVID S. MORALES CORPUS CHRISTI SECTION REPRESENTATIVES TO THE BOARD CARLOS EDUARDO CÁRDENAS EL PASO MATTHEW KOLODOSKI DALLAS KATHRYN J. MURPHY PLANO DEBORAH L. CORDOVA EDINBURG EMILY MILLER BROWNWOOD MICHAEL C. SMITH MARSHALL EX-OFFICIO JERRY C. ALEXANDER TREY APFFEL ROSS FISHER IMMEDIATE PAST CHAIR OF THE BOARD EXECUTIVE DIRECTOR GENERAL COUNSEL Dallas Austin Austin TEXAS BAR JOURNAL BOARD OF EDITORS BRENT BENOIT, CHAIR HOUSTON KIMBERLEY GILTNER-GRUBB COPPELL CHELSEA ANNE MIKULENCAK SAN ANTONIO ELIZABETH BRENNER, VICE CHAIR AUSTIN MARC E. GRAVELY SAN ANTONIO JEANINE NOVOSAD RISPOLI WACO MARY H. BARKLEY FORT WORTH CARSON GUY AUSTIN EDWARD TRACY JR. NEWTON TALMAGE BOSTON DALLAS LARRY HARRISON SUGAR LAND SANTOS VARGAS SAN ANTONIO KIRK MICHAEL COOPER EL PASO SOHAIL MANSOOR HASANALI RICHMOND ANDREW WALLACE DALLAS LUCY FORBES HOUSTON ANGELICA HERNANDEZ HOUSTON JUSTICE BETH E. WATKINS SAN ANTONIO The Texas Bar Journal fulfills its legal obligations by publishing the following: all rules of evidence, rules of post-trial, appellate, and review procedure for criminal cases as promulgated by the Court of Criminal Appeals and rules issued or amended by the Supreme Court of Texas; any public statements, sanctions, and orders of additional education issued by the State Commission on Judicial Conduct; a report of annual performance numbers included in the State Bar Strategic Plan; any auditor’s report regarding the State Bar; statistics regarding participation in State Bar elections; final disposition of all attorney disciplinary proceedings and disciplinary actions; MCLE regulations, forms, modifications, or amendments; proposed disciplinary rules; abstracts of disciplinary appeals issued by the Board of Disciplinary Appeals; internal operating rules and procedures of the Commission for Lawyer Discipline; proposed State Bar Annual Meeting resolutions; and names of State Bar president-elect nominees. Statutory Citations: Tex. Govt. Code §§22.108(c); 22.109(c); 33.005; 81.0215(c); 81.023(a); 81.0242(2); 81.0876(b); 81.0878; Texas Rules of Disciplinary Procedure Rules 4.06; 6.04; 6.07; and Texas State Bar Rules Article IV, Section 11; Article VII, Section 3; Article XII, Section 3. Send all correspondence to the Texas Bar Journal at [email protected] or P.O. Box 12487, Austin, Texas 78711-2487. To purchase a new subscription, go to texasbar.com/tbjsubscriptions or email [email protected]. For changes to existing subscriptions, go to [email protected]. For other TBJ information, call 800-204-2222, ext. 1701. Contributions to the Texas Bar Journal are welcomed, but the right is reserved to select material to be published. Publication of any article or statement is not to be deemed an endorsement of the views expressed there in, nor shall publication of any advertisement be considered an endorsement of the product or service involved. For guidelines, go to texasbar.com/submissions. The State Bar of Texas maintains a central headquarters in Austin as a service to its members. Communications may be directed to the State Bar of Texas at texasbar.com or P.O. Box 12487, Austin, Texas 78711-2487, or by calling 800-204-2222, ext. 1463. Texas Bar Journal © 2021 State Bar of Texas Printed in the USA The Texas Bar Journal (ISSN 0040-4187) is published monthly, except a combined July/August issue, by the State Bar of Texas, 1414 Colorado, Austin, Texas 78701, as a service to the profession. One copy of each issue is provided to members as part of their State Bar dues. Subscription price to others, $12 (including sales tax); $15 to foreign countries. Single copies, $2.50 each (including sales tax). Periodicals Postage Paid at Austin, Texas, and at additional mailing offices. POSTMASTER: Send address changes to Texas Bar Journal, P.O. Box 12487, Austin, Texas 78711-2487. Canadian Publication Agreement No. 40778512. Returns to: Station A, P.O. Box 54, Windsor, ON N9A 6J5. Features 519 507 518 2021 Election Results Lawyers Helping Lawyers Post Hurricane Harvey Written by Chelsea A. Mikulencak 508 The Texas Day of Civility in the Law 519 A day to remember our constant obligation The Texas Bar Journal Short Story Contest 2021 to practice civility in the law. Written by Kathy S. Mills 532 75th Anniversary Celebration 510 of the Lanham Trademark Act Law Day 2021 Written by Joe Cleveland 512 534 OPINION Why Trademarks Matter Captain Call, Yogi Berra, and Other Philosophers Written by Mary Boney Denison What their wise words can teach us about mediation. Written by Scott Baker 536 Lanham Act 75th Anniversary 514 The life and legacy of Frederick “Fritz” G. Lanham Local Bar Disaster Response (1880-1965)–Texan, author, editor, playwright, lawyer, What you need to know to develop a successful plan. congressman. Written by Ryan V. Cox and Sarah Dingivan Written by Craig Stone 516 538 Are You Prepared? Texas Supreme Court Order Technology for disaster-proofing your practice. Thirty-seventh emergency order regarding the COVID-19 State of Disaster. Written by John G. Browning 518 Are You Ready Now? Building a disaster plan for your law practice. Written by Hannah Dyal Texas Bar Journal / June 2021 / Vol. 84, No. 6 / texasbar.com/tbj We encourage you to recycle this magazine. Miscellany 498 496 504 544 EXECUTIVE DIRECTOR’S PAGE STATE BAR BOARD UPDATE DISCIPLINARY ACTIONS A Year of Challenges, Service, CLE Courses on Bias, Attorney Well-Being Innovation, and Growth to Qualify for Ethics Credit 549 Written by Trey Apffel Board approves MCLE accreditation changes, new workgroup on lawyer needs. MOVERS AND SHAKERS Written by Lowell Brown 498 550 IN RECESS MEMORIALS To Live and Die by the Sword 505 STATE BAR DIRECTOR SPOTLIGHT Cornelia Brandfield-Harvey’s fencing experience carries over to the courtroom. Michael K. Hurst 556 CLASSIFIEDS Interview by Adam Faderewski Interview by Eric Quitugua 506 560 HUMOR 500 ETHICS QUESTION OF THE MONTH PRESIDENT’S PAGE The Judge’s Daughter: What Gusto! What We Accomplished Written by Pamela Buchmeyer Together 540 Written by Larry McDougal TYLA PRESIDENT’S PAGE What It Means to Be 562 an Uncommon Leader NEWS FROM AROUND THE BAR 502 Written by Britney Harrison TECHNOLOGY Credibility During Zoom Trials, Hearings, and Depositions 542 How counsel can overcome new SOLO/SMALL FIRM challenges. Essential Marketing Trends in 2021 Written by Bryan Haynes and Christian Cowart Be purposeful in your content efforts. Written by Ruby L. Powers facebook.com/statebaroftexas @statebaroftexas linkedin.com/company/state-bar-of-texas @statebaroftexas youtube.com/statebaroftexas pinterest.com/statebaroftexas execuTive direcTor’s pAge Trey Apffel can be reached at 512-427-1500, [email protected], or @ApffelT on Twitter. A Year of Challenges, Service, INNOVATION, AND GROWTH AS THE 2020-2021 BAR YEAR COMES TO A CLOSE, we end it in a vastly different place than when we started, and thankfully so. This time last year, we were just a few months into a shutdown designed to save lives and were preparing for a summer upswing in COVID-19 cases. This year, millions of Americans have been vaccinated, restrictions are loosening, and the future is looking brighter. I’m proud to report the State Bar of Texas remained fully functional, with most of its departments and employees working remotely throughout the pandemic.
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