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Larry P. Mcdougal of Richmond Powering Payments for The July/August 2020 h texasbar.com/tbj THE TEXAS BAR JOURNAL 140TH PRESIDENT OF THE STATE BAR OF TEXAS LARRY P. MCDOUGAL OF RICHMOND POWERING PAYMENTS FOR THE Trust Payment LEGAAL IOLTA Deposit Amount INDUSTTRY 1,500.00 Reference The easiest way to accept credit card and eCheck payments online. NEW CASE Card Number Powerful Technology **** **** **** 4242 Developed specifically foor the legal industry to ensure comprehensive security and trust account compliance Powering Law Firms Plugs into law firms’ existing workflows to drive cash flow, reduce collections, and make it easy for clients to pay Powering Integrationss The payment technology behind the legal industry’s most popular practice management tools Powered by an Unrivaled Track Record 15 years of experience annd the only payment technology vetted and appproved by 110+ state, local, and specialty bars as well as the ABA ACCEPT MORE PAYMENTS WITH LAWPAY 877-633-5767 | lawpay.com/texasbar ! " # $ % THE OFFICIAL PUBLICATION OF THE STATE BAR OF TEXAS THE TEXAS BAR JOURNAL TREY APFFEL EDITOR-IN-CHIEF LOWELL BROWN PATRICIA BUSA MCCONNICO COMMUNICATIONS DIVISION DIRECTOR MANAGING EDITOR ADAM FADEREWSKI ERIC QUITUGUA JOHN SIRMAN ASSOCIATE EDITOR ASSISTANT EDITOR TECHNOLOGY EDITOR ANTONIO C. GARCÍA II SUSAN BRENNAN TAMI KNOLL GRAPHIC DESIGNER 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 JERRY C. ALEXANDER PRESIDENT PRESIDENT-ELECT IMMEDIATE PAST PRESIDENT CHAIR OF THE BOARD IMMEDIATE PAST CHAIR OF THE BOARD Richmond El Paso Houston McKinney Dallas 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 MICHAEL DOKUPIL HOUSTON 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 PLANO 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 McALLEN EMILY MILLER BROWNWOOD MICHAEL C. SMITH MARSHALL TEXAS BAR JOURNAL BOARD OF EDITORS ELIZABETH BRENNER, CHAIR AUSTIN KIMBERLEY GILTNER-GRUBB COPPELL EDWARD TRACY JR. NEWTON BRENT BENOIT, VICE CHAIR HOUSTON MARC E. GRAVELY SAN ANTONIO SANTOS VARGAS SAN ANTONIO MARY H. BARKLEY FORT WORTH CARSON GUY AUSTIN ANDREW WALLACE DALLAS TALMAGE BOSTON DALLAS LARRY HARRISON SUGAR LAND JUDGE BETH E. WATKINS SAN ANTONIO KIRK MICHAEL COOPER EL PASO ANGELICA HERNANDEZ HOUSTON LUCY FORBES HOUSTON JEANINE NOVOSAD RISPOLI WACO 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 amend- ments; 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 reso- lutions; 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. For more 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 © 2020 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 450 442 460 479 Leading By Example OPINION Section Reports State Bar of Texas President Larry P. McDougal Recovering From COVID-19 on being prepared for the unexpected. Restoring civil rights and liberties 490 Interview by Patricia Busa McConnico for young people in Texas schools. Texas Supreme Court Order Written by Andrew R. Hairston Fifteenth emergency order regarding the COVID-19 State of Disaster. 444 Logging On/Swearing In 462 The Texas Bar Exam’s top scorer OPINION 491 is inducted into the bar via Zoom. Love (Of the Constitution) Texas Supreme Court Order Interview by Eric Quitugua and Liberty in the Time of COVID-19 Sixteenth emergency order regarding the The role of a lawyer is vigilance. COVID-19 State of Disaster. 446 Written by Elizabeth Brenner 2020 Election Results 492 Texas Supreme Court Order 464 Order delaying effective date of amendments 447 LGBT Equality, Religious Liberty, to Texas Rules of Civil Procedure 116 and Mediated Settlement Agreements and Masterpiece Cakeshop 117 and website for service of process. Don’t put off until tomorrow Issues to consider. what you can do at mediation. Written by Dale Carpenter 493 Written by Scott Baker Texas Supreme Court Order 466 Order amending Texas Rules of Civil 450 Watch Your Tweets Procedure 47, 500.3, 509.2, and 509.6. #SQUADGOALS and Wash Your Hands The power of finding and Digital hygiene for the COVID-19 pandemic. 496 maintaining your group. Written by John G. Browning Texas Supreme Court Order Written by Chasity Wilson Henry Seventeenth emergency order regarding the and Courtney Barksdale Perez COVID-19 State of Disaster. 468 ‘You Have A Voice’ 452 498 Presidential Leadership The Texas Young Lawyers Association president seeks to empower future leaders Texas Supreme Court Order and and Legal Professionalism of the legal profession. Court of Criminal Appeals of Texas Order The ties that bind—part two. Interview by Eric Quitugua Final approval of amendments to Texas Rule Written by Talmage Boston of Evidence 103(c). 470 457 Committee Reports 499 Back to the Future Texas Supreme Court Order Fifty-year lawyers reflect on how the Order amending Rule 11(d) of the rules legal profession has changed since 1970. governing admission to the Bar of Texas. Texas Bar Journal / July/August 2020 / Vol. 83, No. 7 / texasbar.com/tbj We encourage you to recycle this magazine. Miscellany 434 431 439 504 COMMENTS PODCAST DISCIPLINARY ACTIONS Are Zoom Court Hearings the ‘New Normal’ in Texas? 432 508 EXECUTIVE DIRECTOR’S PAGE An excerpt from the State Bar of Texas Podcast MOVERS AND SHAKERS It’s Past Time to Reckon With Racial Injustice 440 STATE BAR DIRECTOR SPOTLIGHT 510 Written by Trey Apffel Wendy-Adele Humphrey MEMORIALS Interview by Eric Quitugua 434 IN RECESS 514 Anvil and Hammer 441 CLASSIFIEDS A Richmond attorney finds ETHICS QUESTION OF THE MONTH comfort in the heat of the forge. 517 Interview by Adam Faderewski 500 NEWS FROM AROUND THE BAR ETHICS OPINION 688 436 518 PRESIDENT’S PAGE ATJ PRO BONO CHAMPION Plans for a New Bar Year 502 TYLA PRESIDENT’S PAGE Richard Danysh Written by Larry McDougal Inspiring Our Future Leaders Interview by Eric Quitugua Written by Britney Harrison 438 TECHNOLOGY Can Application Programming Interfaces 503 Be Protected Under Copyright Law? SOLO/SMALL FIRM U.S. Supreme Court to decide whether Manage Your Time, Manage Your Life APIs are copyright protectible. Useful tips for inside and outside the office. Written by Peggy Keene Written by Ruby L. Powers facebook.com/statebaroftexas @statebaroftexas linkedin.com/company/state-bar-of-texas @statebaroftexas youtube.com/statebaroftexas pinterest.com/statebaroftexas comments Tell us what you think via @statebaroftexas, [email protected], or P.O.
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