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Sylvia Borunda Firth of EL PASO Ilove Lawpay! I’Mnot Sure Why I Waited So Long to Get It Set Up July/August 2021 h texasbar.com/tbj THE TEXAS BAR JOURNAL 141ST PRESIDENT OF THE STATE BAR OF TEXAS Sylvia Borunda Firth OF EL PASO Ilove LawPay! I’mnot sure why I waited so long to get it set up. – Law Firm in Ohio + Trusted by more than 150,000 professionals, LawPay is a simple, secure solution that allows yoou to easily accept credit and eCheck payments online, in person, or through your favorite practice management tools. Vetted and approved by all 50 state bars, 70+ local and specialty bars, the ABA, and the ALA 62% of bills sent online are paid in 24 hours Y OUR FIRM LOGO HERE TrTrust Paymentt IOLTA Deposit New Case Reference **** **** **** 9995 *** TOTTAAL: $1,500.000 PO WE R ED BY PAY ATTORNEY Get started at lawpay.com/texasbar 877-633-5767 #"!" " " "" "! " " ! " " " ! "! " " " " 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 SYLVIA BORUNDA FIRTH LAURA GIBSON LARRY P. MCDOUGAL SANTOS VARGAS PRESIDENT PRESIDENT-ELECT IMMEDIATE PAST PRESIDENT CHAIR OF THE BOARD El Paso Houston Richmond San Antonio BOARD OF DIRECTORS BENNY AGOSTO JR. HOUSTON CHRISTINA M. DAVIS TYLER DWIGHT MCDONALD LUBBOCK G. DAVID SMITH ROCKWALL ANDRÉS E. ALMANZÁN EL PASO MARIA HERNANDEZ FERRIER SAN ANTONIO CARRA MILLER CORPUS CHRISTI JASON C. N. SMITH FORT WORTH CHAD BARUCH DALLAS STEVE FISCHER EL PASO LYDIA ELIZONDO MOUNT McALLEN DIANE ST. YVES HOUSTON KATE BIHM CONROE LUCY FORBES HOUSTON KIMBERLY M. NAYLOR FORT WORTH NITIN SUD BELLAIRE REBEKAH STEELY BROOKER DALLAS AUGUST WATKINS HARRIS III AUSTIN JEANINE NOVOSAD RISPOLI WACO ROBERT L. TOBEY DALLAS DAVID N. CALVILLO HOUSTON BRITNEY E. HARRISON DALLAS MICHAEL J. RITTER SAN ANTONIO ANDREW TOLCHIN HOUSTON LUIS M. CARDENAS EDINBURG FORREST L. HUDDLESTON DALLAS ADAM T. SCHRAMEK AUSTIN SANTOS VARGAS SAN ANTONIO LUIS CAVAZOS BROWNSVILLE MICHAEL K. HURST DALLAS AUDIE SCIUMBATO HEREFORD G. MICHAEL VASQUEZ AUSTIN JASON CHARBONNET FORT WORTH LORI M. KERN KATY MARY L. SCOTT DALLAS KIMBERLY PACK WILSON STEPHENVILLE KELLY-ANN CLARKE DALLAS BILL KROGER HOUSTON DAVID SERGI SAN MARCOS KENNON L. WOOTEN AUSTIN THOMAS A. CROSLEY SAN ANTONIO YOLANDA CORTÉS MARES TEMPLE D. TODD SMITH AUSTIN LIAISONS TO THE BOARD JUDGE ELISABETH EARLE AUSTIN JUSTICE DEBRA H. LEHRMANN AUSTIN JUDGE MICHAEL J. TRUNCALE BEAUMONT RAKHI ISRANI FREMONT, CALIFORNIA JUDGE DAVID NEWELL AUSTIN SECTION REPRESENTATIVES TO THE BOARD CARLOS EDUARDO CÁRDENAS EL PASO ROBERT G. “BOB” GOSS HOUSTON KATHRYN J. MURPHY PLANO DEBORAH L. CORDOVA EDINBURG SONYA D. HOSKINS DALLAS MICHAEL C. SMITH MARSHALL EX-OFFICIO JOHN CHARLES “CHARLIE” GINN TREY APFFEL ROSS FISHER IMMEDIATE PAST CHAIR OF THE BOARD EXECUTIVE DIRECTOR GENERAL COUNSEL McKinney 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 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 VICTOR A. FLORES BROWNSVILLE ANGELICA HERNANDEZ HOUSTON LUCY FORBES HOUSTON DWIGHT MCDONALD LUBBOCK 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 586 582 600 In the Courtroom Priorities New Texas law school advocacy competition Choosing venue in the face of conflicting to debut this fall. mandatory venue provisions. Written by Eileen F. O’Neill Written by Tracy C. Temple 584 602 OPINION Committee Reports Gaslighting Should it be recognized as a tort in Texas? 609 Section Reports Written by Carlos R. Soltero and Kayla Carrick Kelly 620 586 OPINION Practicing Civility The Business Case for Diversity, Equity, and Inclusion Texas Young Lawyers Association President Jeanine Novosad Rispoli on treating people with respect. Why it matters in the boardroom, the courtroom, and every room. Interview by Adam Faderewski Written by Sofia Adrogué 622 Texas Supreme Court Order and 588 Court of Criminal Appeals of Texas Order Perspectives From Asian Judges Order amending Texas Rules of Appellate Procedure. A look at judgeship, the pandemic, and diversity. Written by Rehan Alimohammad and Jeff Leung 628 Texas Supreme Court Order 590 Thirty-eighth emergency order regarding the Optimistic About the Future COVID-19 State of Disaster. State Bar of Texas President Sylvia Borunda Firth on creating opportunities. 630 Interview by Patricia Busa McConnico Texas Supreme Court Order Final approval and adoption of amendments to the Texas 594 Disciplinary Rules of Professional Conduct and the Texas Ransomware Rules of Disciplinary Procedure. Critical information you need to help better protect your practice and your clients from one of the most 649 serious threats to our nation. Texas Supreme Court Order Written by Shawn E. Tuma Order adopting comment to Texas Code of Judicial Conduct Canon 3. 596 Using Intensifiers 650 Is it literally a crime? Ethics Opinion 691 Written by Wayne Schiess Texas Bar Journal / July/August 2021 / Vol. 84, No. 7 / texasbar.com/tbj We encourage you to recycle this magazine. Miscellany 574 572 579 662 EXECUTIVE DIRECTOR’S PAGE ETHICS QUESTION OF THE MONTH MOVERS AND SHAKERS Disciplinary Rule Updates Are a Win for Self-Governance 580 664 Written by Trey Apffel STATE BAR DIRECTOR SPOTLIGHT MEMORIALS Santos Vargas 574 Interview by Eric Quitugua 666 IN RECESS CLASSIFIEDS ‘Guitars are just wood and string and a bit of math’ 654 TYLA PRESIDENT’S PAGE How Waco-based attorney Chris Harris 670 builds his own sound. Fostering Enduring Change HUMOR Interview by Eric Quitugua Written by Jeanine Novosad Rispoli Worst. Closing Arguments. Ever. Written by John G. Browning 576 655 SOLO/SMALL FIRM PRESIDENT’S PAGE How to Take Advantage of Client Calls 672 Take a R.I.D.E. With Me NEWS FROM AROUND THE BAR to Market Your Practice Written by Sylvia Borunda Firth Tips to help you be organized and efficient. Written by Megan LaDriere 674 578 ATJ PRO BONO CHAMPION TECHNOLOGY Dori Goldman and Chris Ward Hash Values and the Fourth Amendment 656 Get Involved. DISCIPLINARY ACTIONS Do authorities need a search warrant to open Interview by Eric Quitugua and view files? Written by Pierre Grosdidier facebook.com/statebaroftexas @statebaroftexas linkedin.com/company/state-bar-of-texas @statebaroftexas youtube.com/statebaroftexas pinterest.com/statebaroftexas New to the profession? Look to TeTexexas rBa CLE TexasBarCLE TeTexasBarCLE, the State Bar’s CLE department, delivers high- quality programs in a w ide variety of formats. Designed and presented by some of the best and brightest TeTexas lawyers, the programs and course materials focus on immediate practical utilityy,, not academic curiosity. Many presentations include forms, checklists, sample documents, and other aids to practice.
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