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Characterization & Tracing: an Overview

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Characterization & Tracing: an Overview CHARACTERIZATION & TRACING: AN OVERVIEW Moderator KELLY AUSLEY-FLORES, Austin Panelists PATRICE L. FERGUSON, Houston RICHARD L. FLOWERS, JR., Houston WILLIAM C. LOVE, CPA, Austin MARY JOHANNA MCCURLEY, Dallas Written by MARY JOHANNA MCCURLEY BRAD M. LAMORGESE RYAN KIRKHAM T. HUNTER LEWIS McCurley, Orsinger, McCurley Nelson & Downing, LLP 5950 Sherry Lane Suite 800 Dallas, Texas 75225 State Bar of Texas 37TH ANNUAL ADVANCED FAMILY LAW COURSE August 1-4, 2011 San Antonio CHAPTER 59 KELLY AUSLEY-FLORES AUSLEY, ALGERT, ROBERTSON & FLORES, L.L.P. Attorney at Law 3307 Northland Drive, Suite 420 Austin, Texas 78731 (512) 454-8791 (512) 454-9091 Facsimile [email protected] www.ausley-algert.com EDUCATION Texas Tech University, B.B.A. in 1987, cum laude Texas Tech School of Law, J.D., 1995, cum laude PROFESSIONAL ASSOCIATIONS AND HONORS Board Certified by Texas Board of Legal Specialization, Family Law, since 2000 Fellow, American Academy of Matrimonial Lawyers Member, Texas Academy of Family Law Specialists Named Texas Super Lawyers® - Rising Stars® Edition (Texas Monthly, 2004 and 2005) Member, Collaborative Law Institute of Texas Member, International Academy of Collaborative Professionals Member, State Bar of Texas (Family Law Section) Member, College of the State Bar of Texas Member, Austin Bar Association (Family Law Section) Member, Texas Bar Foundation, 2004-2009 Member, Pro Bono College of the State Bar of Texas, 1999-2009 Recipient, 1998 and 1999 Pro Bono Award, Volunteer Legal Services of Central Texas CAREER PROFILE Practiced family law with Ausley, Algert, Robertson & Flores, L.L.P. since August, 1995 and became a partner in December, 2001. Trained in Collaborative Law and trained as a family law mediator. Volunteer, Volunteer Legal Services of Central Texas since 1996 as a mentor and lawyer. Volunteer, Texas Advocacy Project previously Women’s Advocacy Project since 2004 as a lawyer. Obtained certification as a specialist in the area of family law through the Texas Board of Legal Specialization (December, 2000). PERSONAL Born February 23, 1965, in Lubbock, Texas and raised in Austin. Married to Joe Flores - two children. Member, First United Methodist Church, Austin. AUTHOR and LECTURER “Closing the File,” Advanced Family Law Seminar - Boot Camp, State Bar of Texas, August 17, 2003. “Post Trial Basics & Closing the File,” Advanced Family Law Seminar - Boot Camp, State Bar of Texas, August 8, 2004. “Effective Use of ADR in Family Law Cases,” 2005 Poverty Law Conference, Texas Lawyers Care, March 30 - April 1, 2005. “Closing the Friendly and Unfriendly File,” Advanced Family Law Drafting Course, State Bar of Texas, December 8-9, 2005. “Traveling Light: Collaborative Law Without Paralegals or Assistants,” Collaborative Law Spring Conference 2008, State Bar of Texas, February 28-29, 2008. “Collaborative Law,” Alternative Dispute Resolution Course, University of Texas Law School, Professor Cynthia Bryant, March 6th, 2008. “Child Support (What Do Judges Do in Various Counties) Above & Below the Guidelines, the High Income Earners (Death of the Obligor),” Marriage Dissolution Institute, State Bar of Texas and Family Law Section, April 17-18, 2008. “Closing the File,” Summer School - State Bar College, State Bar of Texas, July 17-19, 2008. “Closing Documents Other than QDROs,” Advanced Family Law Drafting Course, State Bar of Texas, December 4-5, 2008. “Putting Agreements on Paper,” Collaborative Law Course 2010, State Bar of Texas and Collaborative Law Institute of Texas, March 4-5, 2010. “Closing the File,” Advanced Family Law Drafting Course, State Bar of Texas, December 9-10, 2010. LECTURER “Creative Discovery,” Family Law Essentials, Family Law Council, Nacogdoches, Texas, June 4, 2004. “Post Trial Basics & Closing a File,” State Bar Convention - Boot Camp, June 25, 2004. “Closing Out Your File,” Williamson County Family Law Seminar, October 29, 2004. “How to Study for and Pass the Board Certification Exam,” Advanced Family Law Course, State Bar of Texas, August 10, 2005. “Trends in Family Law,” 2009 Statewide Assistant Attorneys General Conference, Austin, Texas, July 10, 2009. “Changes in SAPCR Issues and Trends for the Future,” 35th Annual Advanced Family Law Course, State Bar of Texas, August 3-6, 2009. “Collaborative Law,” Travis County Family Law Section Luncheon, January 6, 2010. “The Paradigm Shift,” Nuts & Bolts of the Collaborative Process Course, State Bar of Texas and the Collaborative Law Institute of Texas, March 3, 2010. COURSE DIRECTOR/PLANNING COMMITTEES: Planning Committee - Collaborative Law Course 2010 Planning Committee - Advanced Family Law Course 2010 Course Director - Family Law Boot Camp 2010 Patrice Ferguson, CPA/ABV, JD, Houston Founder and President of Ferguson Camp Poll, P.C. Patrice Ferguson, CPA/ABV, JD founded Ferguson Camp Poll, P.C. in 1977, after beginning her career in the tax department of Ernst & Ernst. For 30+ years, Patrice has provided consulting services to her clients and has included in her practice marital property issues, tracing and characterization, business valuation, and expert testimony, as well as assistance with structure of settlement and decree language. She has been a frequent speaker for the State Bar of Texas in the areas of valuation, characterization and tracing, mediation, and tax issues. Patrice has been a member of The University of Texas at Austin Accounting Advisory Council for many years, and is a former Board Member and Past President of the University of Houston Law Alumni Association Board, as well as a Director of the University of Houston Law Foundation. She has been honored as a Distinguished Alumnus of the University of Texas College of Business and was named The University of Houston Law Center Alumna of the Year - 2003. She is a Houston Bar Foundation fellow and member of the Texas Family Law Foundation. When her schedule permits, Patrice enjoys baseball, cooking, travel, and wine tasting. Education: The University of Texas at Austin: BBA - Accounting - 1973 The University of Houston Law Center: JD - 1989 Licenses Certified Public Accountant, Texas - 1975 & Licensed, State Bar of Texas - 1991 Certificates: AICPA Accredited in Business Valuation - 1998 McEVILY & FLOWERS LAWYERS 1415 LOUISIANA, SUITE 3200 HOUSTON, TEXAS 77002 RICHARD L. FLOWERS. JR. (713) 654-1415 [email protected] TELEFAX: (713) 654-9898 CURRICULUM VITAE RICHARD L. FLOWERS, JR. EDUCATION: University of Texas (B.B.A., Finance 1979) South Texas College of Law (J.D. 1982) Honors include Dean's List and Order of the Lytae (honorary academic society) and Law Review. PROFESSIONAL BACKGROUND: McEvily & Flowers, Lawyers - October, 1996 - Present Alexander & McEvily - June, 1991 - September, 1996 Creole International, Inc., Vice President/General Counsel- (February, 1990- June, 1991) Richard L. Flowers, Jr., Attorney at Law (April, 1988 - February, 1990) Mueller, Oaks & Hartline, Houston, Texas (June, 1986 - April, 1988) Butler & Binion, Houston, Texas (September, 1983 - June 1986) Court of Appeals, First Supreme Judicial District - Briefing attorney to Chief Justice Frank G. Evans, (September, 1982 - August, 1983) LEGAL PRACTICE: Mr. Flowers' practice has been devoted to trial, arbitration and appeal of family law matters and other civil cases. PROFESSIONAL MEMBERSHIPS/ADMISSIONS: Member: American Bar Association Member, Family Law Section State Bar of Texas 1 Member, Family Law Section Member, Texas Family Law Council (term expires 2012) Houston Bar Association Member, Family Law Section Former member, board of directors of Family Law Section Texas Family Law Foundation, Lifetime Sustaining Member Life Fellow, Texas Bar Foundation Fellow, Houston Bar Foundation U. S. District Courts for the Southern and Eastern Districts of Texas U. S. Court of Appeals for the Fifth Circuit AV Rated, Martindale-Hubbell Bar Register of Preeminent Lawyers, Martindale-Hubbell PROFESSIONAL ACTIVITIES: Member: Family Law Council of the State Bar of Texas, Term expires 2012 Director, Family Law Section, Houston Bar Association (2005 - 2007) Officer (Treasurer), Houston Young Lawyers Association (1987 - 1988) Board Member, Houston Young Lawyers Association (Two terms: 1985 - 1986; 1986- 1987) Chairman, Houston Young Lawyers Association's Houston Area Women's Center Committee. (Two terms: 1985 - 1986; 1986 - 1987) Board Member, The New School in the Heights, 403 Heights Boulevard, Houston, Texas 77007 (2008 - present) Moderator, Family Law Essentials Seminar, Kingsville, Texas, 2010 Speaker, Preparing Your Expert for Cross Examination, Family Law on the Front Lines, July, 2010 Speaker, Personal Goodwill Issues: When the Consideration Received is in the Form of Executive Retirement Plans, Stock Options & Other Executive Perquisites, AICPNAAML National Conference on Divorce, May, 2010 Author and speaker, Preparation and Use of the Inventorv and Appraisement, 33'd Annual Marriage Dissolution Boot Camp, May, 2010 Speaker, Characterization Workshop: Big, Small, Unusual, and Unique: Mixed Characterization, 35th Annual Advanced Family Law Course, August 2009 Moderator, Family Law Essentials Seminar, Victoria, Texas, 2009 2 Speaker and co-author, Mandamus and More: Are Pre-Trial Appellate Rulings a New Free-For-All or Just the Same-Old-Same-Old?, 9th Annual Family Law On The Front Lines, The University of Texas School of Law, June, 2009 Moderator, Family Law Essentials Seminar, Victoria, Texas, 2008 Speaker and co-author, Dealing with Family Limited Partnerships, Trusts, and other Estate Planning,
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