October 2020 October Sanders Obtained His Law Degree from Southern Have Four Boys That Have Grown Into Very Successful of the Month

Month the of

United States District Judge Alan Albright. Eric graduated graduated Eric Albright. Alan Judge District States United Professionalism from the Chief Chief the from Professionalism October 8, 2020 via Zoom. via 2020 8, October

Young Lawyer Lawyer Young

Church of Christ in Canyon. Canyon. in Christ of Church

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Lawyers. In 2019 he received received he 2019 In Lawyers. Update Supreme Court.” We are excited to to excited are We Court.” Supreme

cross country meets, violin recitals, and coaching his his coaching and recitals, violin meets, country cross

SS MM TT WW student top the T T as recognized FF was and Scotland S S Andrews,

AAYLA AAYLA

spend their “free time” attending football games, games, football attending time” “free their spend St. in programs advocacy trial Baylor’s in participated Eric the American Academy of Appellate Appellate of Academy American the “Insights in Practice Before the Texas Texas the Before Practice in “Insights

Logan, and goldendoodle, Winston. Eric and Hannah Hannah and Eric Winston. goldendoodle, and Logan,

moot court, client counseling, and mock trial competitions. 1234competitions. trial mock and counseling, client court, moot

appellate attorneys elected fellows in in fellows elected attorneys appellate Mr. Watson’s CLE presentation is is presentation CLE Watson’s Mr.

4 1 2 3 Appeals of

wife, Hannah, three children, Mason, Sawyer, and and Sawyer, Mason, children, three Hannah, wife,

Law. While in law school, Eric competed and won awards in in awards won and competed Eric Springschool, law in While Law.

Watson is also one of 300 national national 300 of one also is Watson Advanced Appellate Practice Course. Practice Appellate Advanced

Seventh Court Court Seventh Spring Institute

While not in the office, Eric spends time with his his with time spends Eric office, the in not While of School Baylor at law study to Waco to moved Eric

Institute VolumeVolume 28 27 Board of Legal Specialization. Mr. Mr. Specialization. Legal of Board the Advanced Civil Trial Course and and Course Trial Civil Advanced the

Waco, Texas. Texas. Waco, attorney.

2 2 May 2014

President’s Page President’s May 2013

a litigation clerk for Pakis, Giotes, Page, & Burleson in in Burleson & Page, Giotes, Pakis, for clerk litigation a an becoming of dream his pursue to enforcement law from Law and Civil Trial Law by the Texas Texas the by Law Trial Civil and Law

has served as the Court Director for for Director Court the as served has Old Lawyer No.No. 9 9 amarillobar.org

C 5 6 7 8 9 10 11 amarillobar.org

Prior to joining Sprouse Shrader Smith, Eric worked as as worked Eric Smith, Shrader Sprouse joining to Prior retired honorably Eric years, fifteen than more serving After

ontents 4 Luncheon, 5 6 7 8 9 10 is board certified in Civil Appellate Appellate Civil in certified board is Section of the State Bar of Texas and and Texas of Bar State the of Section

where he works as a litigation associate and mediator. mediator. and associate litigation a as works he where

11:45 a.m. team. SWAT the on negotiator crisis and detective crimes A APublication Publication of of the the Amarillo Amarillo Area Area Bar Bar Association Association and energy litigation. Mr. Watson Watson Mr. litigation. energy and a pervious Chair of the Appellate Appellate the of Chair pervious a

In March 2020, Eric joined Sprouse Shrader Smith, Smith, Shrader Sprouse joined Eric 2020, March In Amarillo Club major a as served he career, Eric’s of half last the For

his clerkship in January of 2021. 2021. of January in clerkship his enforcement. law in career a began and Academy Police

focuses his practice in appellate law law appellate in practice his focuses

Rules Advisory Committee. He is is He Committee. Advisory Rules Needless to say, Ray is

Honorable Matthew Kacsmaryk in Amarillo. Eric begins begins Eric Amarillo. in Kacsmaryk Matthew Honorable

12 13 14 15Abilene the 16completed successfully 17Eric Department. 18 Police Traurig in Austin, Texas, where he he where Texas, Austin, in Traurig

appointed member of its 50-member 50-member its of member appointed 11 12 13 14 15 16 17 Harlow has been honored by the

was selected to serve as a judicial law clerk for the the for clerk law judicial a as serve to selected was

While in college, Eric joined the Abilene Abilene the joined Eric college, in While ecipient of the my model of what a lawyer Watson is a shareholder at Greenberg Greenberg at shareholder a is Watson

the Texas Supreme Court as an an as Court Supreme Texas the 2014 R Amarillo Area Bar Association

judicial law clerk after graduation. Eric applied for and and for applied Eric graduation. after clerk law judicial attended Abilene Christian University. University. Christian Abilene attended EAR AWYERS

Eric Vickers Eric 50 Y L “

shouldwith thebe. Chief His ability Justice toCharles assess for the October AABA meeting. Mr. Mr. meeting. AABA October the for For over two decades he has advised advised has he decades two over For Division federal courts created a desire to serve as a a as serve to desire a created courts federal Division from Abilene Cooper High School, he he School, High Cooper Abilene from “

chaRles l. Reynolds lifetime a Reynoldslegal issue Lifetime and to Achievement determine

Eric’s time serving as an intern in the Waco Waco the in intern an as serving time Eric’s graduating After Texas. Abilene, in

Charles Skip Watson is our speaker speaker our is Watson Skip Charles

Justice of the Texas Supreme Court. Court. Supreme Texas the of Justice 19 20 21 22 23 24 25 a Award.workable The solution award tois giventhe to an from Baylor Law cum laude in February 2020. 2020. February in laude cum Law Baylor from

18 19 20 21raised and born 22was Vickers Eric 23 24

achievement awaRd: issuearea in lawyer an efficient or judge withand a well-distin-

e V guished legal career who has made

ickers

ric RobeRt R. sandeRs orchestrateda substantial manner contribution is second to the to

none.Amarillo Bar, the community, – Page and2

L Y : : M the of er Y aw oung 26Office 27onth 28 29 30 31 the legal profession. The award 25 26 27 28 29 30 31 Baker & Jesko, SandersBaker, PC, the Underwood Closed will ”be presented to Harlow’s fami- Law Firm, and Sprouse Shrader Smith, PC. Mr.

Memorial Day ly at the Spring Institute Dinner, Sanders provided legal advice and counsel to area

which William will behas held a stated May 4,goal 2013 of businesses, families, educational institutions, and ” out-doingat the Amarillo me, and Club. a matching Harlow

healthcare providers. Mr. Sanders has particular “

Sprouse was an accomplished trial

expertise in the field of education law and is a for- track record, both of which

-Page 5 -Page communication lawyer, an expert in legal ethics, a mer Director of the Texas Association of Commu- signaled that I could be in for “ “ servant of the bar, and a very kind

nity College Attorneys. He is a past president of

to be said for in-person in-person for said be to moreperson. direct He competition will be missed. than I

the Amarillo Area Bar Association.

Editor of AMA-LAW of Editor

Elizabeth Jepson, Elizabeth felt I could handle. Nonetheless,Page 3 Editor of AMA-LAW of Editor Elizabeth Jepson, Elizabeth

[T]here is something something is [T]here Mr. Sanders not only devoted himself to the

Executive Director Executive Executive Director Executive Jo Ann Holt, Ann Jo

Jo Ann Holt, Ann Jo ”

practice of law practice, but continually gave his the firm extended William a

AAYLA President AAYLA AAYLA President AAYLA Jeremi K. Young, K. Jeremi Laura Hale, Laura

AMA-LAW Editor AMA-LAW

Colleen Byrom, Byrom, Colleen time and energy to the Amarillo community. He job offer over my vociferous

Funny thing about jury in-

Executive Director Executive

Janet Byars, Byars, Janet served as president and as a general member of the objections, and he joined the Randall Sims Randall Johnny K. Merritt K. Johnny Howard Brad

Johnny Merritt Johnny structions is that failing to ask for

AAYLA President AAYLA , Biggs Richard

” Back Row: Jon Oden, Ben Sturgeon, Walter Wolfram,Board Don of Patterson, Trustees forDon the Jackson, Amarillo Richard Independent Brainerd Tod Mayfield Tod Andrea Slater Gulley Slater Andrea Lay Liberty Andrea Slater Gulley Slater Andrea

-Page 4 -Page firm in 2012. Neither of us has

Middle Row: Robert Sanders, Jerry Johnson, Alan Adkins, James Dorres, George Jennings, Jr., Don “a particular one in a civil trial Joni Kleinschmidt Joni Adrian Castillo Adrian Logsdon Mark

Adrian Castillo Adrian School District, coached for Kids, Inc. and the

“ “

Blair Oscarsson Blair

Diana Hathaway Diana gottenusually the means other you fired, waived yet. any

Terms Expire 2015 Expire Terms e 2014 e xpir E erms T 2013 e xpir E erms T Terms Expire 2014 Expire Terms Dean, Tom Morris, Dee Miller, Oth Miller

get it right. it get Robert “Bob” Sanders Pony League baseball programs, and performed Tyler Topper Tyler

Alex Yarbrough Alex complaint about not getting it.

c W s EXECUTIVE COMMITTEE EXECUTIVE

EXECUTIVE COMMITTEE EXECUTIVE Front Row: Judge Nobles, Justice Boyd, Speaker Broaduscommunity Spivey, service Bob Templeton,through the Bob Amarillo Smith Maver- – Page 3

tson A P ki rles A h

John Hedrick John

Sean Taylor Sean That is not necessarily true in a You know, juries usually do do usually juries know, You

Long-time Amarillo attorney, civic leader, ick Boys and Girls Club, Goodwill Industries, Big ”

: 2021 Expire Terms :

Terms Expire 2022 Expire Terms criminal trial. Some must be giv- Immediate Past President Past Immediate

Immediate Past President Past Immediate Terry Ann White, Ann Terry

Justice Clinton E. Averitte, Averitte, E. Clinton Justice and native son Robert “Bob” Sanders is the 2014

Brothers/Big Sisters, Tascosa Excellence Council,

s o

Secretary-Treasurer en by the trial judge, even if no Secretary-Treasurer Pamela Trimble Gleason, Trimble Pamela Matt Sherwood, Matt

ker A e P

ctober recipient of the Charles L. Reynolds Lifetime , Immediate Past President Past Immediate ,

Joby Mills Joby and Austin Middle School Excellence Committee,

Vice President Vice

Vice President Vice Tim D. Newsom, D. Tim

Dusty Stockard, Dusty SPRING INSTITUTE SPEAKERS one wants them. Page 4

Secretary-Treasurer

Thomas McMillian, Thomas Achievement Award. This is the highest award be- just to name a few. Mr. Sanders was a founder of

President-Elect President-Elect Brian P. Heinrich, P. Brian Tim D. Newsom, D. Tim

Vice President Vice

Liberty Lay, Liberty stowed by the Amarillo Area Bar Association upon the Amarillo Community Prayer Breakfast. He is Contents

President President Judge Clinton E. Averitte, E. Clinton Judge Brian P. Heinrich, P. Brian

President-Elect , Matt Sherwood Matt ” one of its members.

a past recipient of the Amarillo Globe News “Man President’s Page

President , Jennie Knapp Jennie 2

A Publication of the Amarillo Area Bar Association Bar Area Amarillo the of Publication A Bob Sanders was born and raised in Ama- of the Year” Award.

A b A A P A tion A ssoci r A A re rillo A m the of tion A ublic

EXECUTIVE COMMITTEE EXECUTIVE rillo. He attended Vanderbilt University as a stu- In addition to his law practice and commu- Old LawyerONTENTS of the Year 2

dent-athlete where he earned his undergraduate nity service, Mr. Sanders and Bonnie, his wife of C

Return Service Requested Service Return

amarillobar.org

No. 2 No. degree while playing varsity golf. In 1960, Mr. fifty-four years, raised a great family. The Sanders YoungPresident’s Lawyer Page 2

October 2020 October Sanders obtained his law degree from Southern have four boys that have grown into very successful of the Month

806-371-7226 3 Volume 35 Volume

Amarillo, Texas 79101 Texas Amarillo, Methodist University School of Law and became men themselves. Seventh Court of

Amarillo, Texas 79101 Texas Amarillo, licensed to practice law that same year. Judge Reynolds would be proud and honored SeventhAppeals Court Update of Appeals 44 112 West 8th Ave., #615 Ave., 8th West 112

112 West 8th Ave., #615 Ave., 8th West 112 Mr. Sanders had a very distinguished and that Bob Sanders is receiving the award created in Amarillo, Texas Amarillo, diverse legal career. From 1971 – 1987, Judge his name. Please join us on May 3, 2014 at the LegalYoung Briefs Lawyer 6

Permit No. 195 No. Permit Sanders served as United States Magistrate Judge Amarillo Area Bar Association Spring Institute din- of the Month 5 D I A P Legal Yarns

for the Northern District of Texas, Amarillo Di- ner where we will present Mr. Sanders with this 7

U.S. POSTAGE U.S. Legal Briefs PRSRT STD PRSRT vision. In private practice, former Judge Sanders well-deserved award. 6 was a partnerDick inDeGuerin the Amarillo law firms of Sanders,Andy Payne Mary Alice McLarty Legal Yarns 7 shy away from, and he accomplishes them humbly. Thank you, Joby, for your dedication to the profession and lifting our spirits in a difficult year. (Your gift is DESIGNATING A CUSTODIAN ATTORNEY in the mail. Literally, not figuratively.) By James Wester, State Bar of Texas District 13 Director Another minor point about virtual issue. “There is not any easier process anywhere in the meetings: if you have an announcement President’s country,” said Laura Gibson, Co-Chair of the Succession of the sort that would normally be Planning Workgroup. made at the monthly luncheon, please Here is all that you need to do: let me ([email protected]) or • Find a lawyer who is willing to serve as your Page Janet Byers (director@amarillobar. custodian attorney; org) know so that we can make that • Log in to My Bar Page on the State Bar website; By: Jennie Knapp announcement for you. There is not an • Scroll to the tab “Succession” (next to “Your efficient way to “call on” people or “go MCLE”); around the room” virtually. One of the • Click on “Add Custodian Now” (the electronic Happily, our first Virtual AABA meeting and CLE presentation proceeded many things that we will be happy to designation form); without any technical glitches. Thanks to many who signed on – we loved getting get back to when in-person meetings • Fill in the information of your custodian attorney to see everyone, even on a screen. A special thanks to Judge Curt Brancheau for resume. For now, we will make do. and click “Submit”; and his perspective on navigating judicial proceedings in this current climate. As you may have guessed, we • Click “Affirm” to affirm your designation But there was one glaring oversight: I failed to recognize Joby Mills and the will be proceeding with another virtual If the above seems too good to be true, you can great job that he did as President of our organization last year. It was not an easy meeting in October. Watch your emails learn more about designating a custodian by going to year to be a leader of any group, but Joby met the challenges with his characteristic for the Zoom link (and email Janet texasbar.com/succession and clicking on the tab titled jovial nature, good sense, and volunteerism. In several years of working with Joby Beyers at [email protected] if James Wester “Designating a Custodian—Instructions.” doing bar work, I have never once seen him upset or even just “okay.” He’s always you are not getting AABA emails). Also, Your custodian attorney will be notified by email and good for a joke, and (as I really appreciate) he will humor you by laughing at yours check your emails for other updates on What happens to the clients when a lawyer dies he or she will affirm or decline the designation. Do unto no matter how bad they are. If you haven’t had the chance to get to know Joby, you events throughout the fall. or has an incapacitating accident that suddenly makes others as you would have them do unto you – expect should. He will make your day better. The AABA certainly has been made better by Stay well and wash your hands. the lawyer unable to practice law or even communicate? that you will reciprocate as the custodian attorney for his service. Joby is often the first one to volunteer to take on tasks that most people What, if anything, can the lawyer’s family do? While law your custodian attorney’s practice. You can also select firms have the ability to deal with that situation, there an alternative custodian attorney. You can change are many lawyers that are unprepared for such an event. your designations at any time. There is a short video Each of us knows or has heard horror stories of the explaining the process, which can be found at texasbar. fallout from such an event. “When a lawyer suddenly com/succession/successionplanning.mp4. dies or becomes incapacitated without a succession Note that by designating a custodian attorney, plan, it can create chaos for clients, firm employees, and you are not designating an attorney to take over your family members,” said Greg Sampson, Co-Chair of the practice. You are simply designating an attorney who will State Bar of Texas Succession Planning Workgroup. contact your clients, encourage your clients to obtain Recognizing the problem, the State Bar has legal counsel, and ensure that client files and property developed a solution. The custodian attorney program are returned. is easy to implement and planning for an unforeseen I know some of you have an informal agreement event is time well spent. The program allows you to with another attorney and I encourage you to take the appoint a “custodian attorney” that is in a position to few minutes to formally designate the attorney as your handle or close a practice in the event of a lawyer’s custodian and vice versa. The State Bar believes the death or sudden cessation of practice. custodian attorney program pertaining to succession • 3 to 6 year Litigation Associates Needed The custodian attorney is given the authority to: planning and emergency preparedness will make a real • Obtain access to client files; difference in the practices of thousands of lawyers, while • Provide notice to the lawyer’s clients that the also benefiting their families, their clients, and the judicial • Excellent Pay and Benefits lawyer has ceased practicing; system. • Secure client direction on where and to whom Special thanks on this effort go to Immediate Past to send the file; and President Randy Sorrels, the members of the Succession • Great Opportunity for Skills Development • Return any client property. Planning Workgroup, and the State Bar Staff including As a lawyer, think about the legal issues that could the Information Technology Team. arise if no one has the legal authority to handle the items As each of us thinks about our loved ones as we above. While horrible for you if such an event occurs, update our Last Will, it is a time to also think about and your family, clients, staff and others are the ones left to update your designated Custodian Attorney(s). deal with the aftermath. Realizing that we are all busy If I can be of assistance, please feel free to contact Contact Katy Taylor at 806-337-1129 [email protected] and the State Bar has made the process very simple and me at [email protected] or 806-379-0354. efficient, it’s well worth taking the time to address this

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Page 6 Page 3 7th court of aaYLa uPdate aPPeaLs uPdate By Richard Biggs By Chief Justice Brian Quinn Summer is finally over in Amarillo. It’s that preferable to working over Zoom. While we still have a Zoom setup for those that can’t attend or don’t feel One motion for summary judgment. Two aspects wonderful season when students go back to school, the by his peers, the Honorable “Shotgun” directed his bailiff comfortable doing so, there is something to be said to the motion: traditional and no-evidence. And, most to gather a venire. Heeding the order, the bailiff walked out summer heat subsides, and tree leaves transition into importantly, no response to either aspect from the non- the courthouse door, yelled across the street to patrons of their beautiful fall colors for a few seconds before the for in-person communication. I look forward to the movant plaintiff. Those were the circumstances in Hawes a local drug store, and enticed six to fill the jury box. That relentless Panhandle wind carries them off. day when arranging a small meeting isn’t so dang v. Link Ministries, Inc., No. 07-18-00407-CV, 2020 Tex. done, the trial started. James explained his predicament AAYLA is celebrating the season by holding our complicated. App. LEXIS 6465 (Tex. App.—Amarillo Aug. 13, 2020, no involving “intestinal disfunction” and vanishing diapers. But first outdoor, socially distant happy hour, which is set Finally and most notably, AAYLA sends its pet. h.) (mem. op.), and we had to decide, among other his hole card was the change in speed limit. As soon as it to occur in between this fine publication’s submission congratulations to Honorable Titiana Frausto for her things, what evidence could be considered in assessing was broached, the prosecutors Miller shot up and moved to deadline and its publication date. I’m sure it was a appointment to the 181st Judicial District bench. whether the trial court erred in granting the no-evidence exclude the information. The honorable justice of the peace tremendous event, with a large yet socially-responsible Hon. Frausto was an AAYLA board member until aspect of the motion. As we generally know, the non- wasted no time in saying: “I second that motion.” But, in turnout. My thanks go out to our committee – and quite recently, and we couldn’t be more thrilled with movant in a no-evidence motion setting has the burden the end, neither the second from the honorable court nor the Matthew Merriott in particular – for working through the Governor Abbott’s selection. Hon. Frausto will be an to present some evidence to support the elements of his speed limit change mattered. After acquitting James in less excellent judge for Potter and Randall counties. claim. The movant need not do anything. But, what if the complicated logistics of having in-person events. than a minute, jurors could be heard wondering whether the Should another vacancy open up, AAYLA movant presents evidence to support his traditional motion prosecutors knew what it was like having infant children. As the reader may have gathered, AAYLA has and that evidence creates fact issues on the very elements You know, juries usually do get it right. resumed with in-person meetings. Our board is holding has numerous other current and freshly aged- being attacked in the no-evidence part of the motion? Can its 15 to 25-person meetings spread out across an out members who would also be excellent picks. we consider it when reviewing the trial court’s decision? auditorium designed for 200+. This requires lots of Governor Abbott: you can save some time by The three judges on the panel had three different answers. shouting, but the officers voted and found shouting ditching the selection committee and giving us a call! They also voiced those answers in three different opinions relying on different authorities. Two of us decided that it Those documents can was appropriate to consider such evidence but did so for only stack so high.. different reasons. One of us said that only the evidence AABA History Quiz proffered by the non-movant could be considered. Well, if Let us lend a hand! you’re thinking about now, “Well, that’s as clear as mud,” DIGITAL WIN A ROLLING BRIEFCASE! • Document Copying & Printing you ain’t alone. Little about the law is black and white, and Be the first to correctly answer the question too often are litigants and judges left to walk a bit blinded • Scan To Disc until the Supreme Court comes to wash away the muck. • Bates Numbering below and send your answer to cbyrom@ • Courtroom Display Posters bf-law.com and you Maybe it will turn its hose on this topic. In the meantime, SCHEDULE NOW ucidigital.com those litigants wanting to combine traditional and no- • Photo Printing FREE will win a rolling • Blow Backs evidence motions should make sure that the evidence (806) 372-7722 briefcase provided presented to support the former does not defeat the latter. • Same Day Turnarounds MARKETING by the State Bar of . . . Oh, and, its best if you make it a practice to respond to • Competitive Rates 1000 S. Adams St. Texas. Free Pick Up/Delivery (Amarillo) summary judgment motions. • ANALYSIS Amarillo, TX 79101 What do the Picture this . . . you’re driving through West Texas colors on the Texas with your spouse and infant child in tow, the child is in • Black & white copies as low as $0.12 each flag represent? 1-800-204-2222 the throes of “intestinal disfunction,” and only one diaper • Color copies as low as $0.49 each remains. Needing to find the nearest store fast, you • Scanning as low as $0.16 each drive likewise . . . fast. 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Page 4 Page 5 7th court of aaYLa uPdate aPPeaLs uPdate By Richard Biggs By Chief Justice Brian Quinn Summer is finally over in Amarillo. It’s that preferable to working over Zoom. While we still have a Zoom setup for those that can’t attend or don’t feel One motion for summary judgment. Two aspects wonderful season when students go back to school, the by his peers, the Honorable “Shotgun” directed his bailiff comfortable doing so, there is something to be said to the motion: traditional and no-evidence. And, most to gather a venire. Heeding the order, the bailiff walked out summer heat subsides, and tree leaves transition into importantly, no response to either aspect from the non- the courthouse door, yelled across the street to patrons of their beautiful fall colors for a few seconds before the for in-person communication. I look forward to the movant plaintiff. Those were the circumstances in Hawes a local drug store, and enticed six to fill the jury box. That relentless Panhandle wind carries them off. day when arranging a small meeting isn’t so dang v. Link Ministries, Inc., No. 07-18-00407-CV, 2020 Tex. done, the trial started. James explained his predicament AAYLA is celebrating the season by holding our complicated. App. LEXIS 6465 (Tex. App.—Amarillo Aug. 13, 2020, no involving “intestinal disfunction” and vanishing diapers. But first outdoor, socially distant happy hour, which is set Finally and most notably, AAYLA sends its pet. h.) (mem. op.), and we had to decide, among other his hole card was the change in speed limit. As soon as it to occur in between this fine publication’s submission congratulations to Honorable Titiana Frausto for her things, what evidence could be considered in assessing was broached, the prosecutors Miller shot up and moved to deadline and its publication date. I’m sure it was a appointment to the 181st Judicial District bench. whether the trial court erred in granting the no-evidence exclude the information. The honorable justice of the peace tremendous event, with a large yet socially-responsible Hon. Frausto was an AAYLA board member until aspect of the motion. As we generally know, the non- wasted no time in saying: “I second that motion.” But, in turnout. My thanks go out to our committee – and quite recently, and we couldn’t be more thrilled with movant in a no-evidence motion setting has the burden the end, neither the second from the honorable court nor the Matthew Merriott in particular – for working through the Governor Abbott’s selection. Hon. Frausto will be an to present some evidence to support the elements of his speed limit change mattered. After acquitting James in less excellent judge for Potter and Randall counties. claim. The movant need not do anything. But, what if the complicated logistics of having in-person events. than a minute, jurors could be heard wondering whether the Should another vacancy open up, AAYLA movant presents evidence to support his traditional motion prosecutors knew what it was like having infant children. As the reader may have gathered, AAYLA has and that evidence creates fact issues on the very elements You know, juries usually do get it right. resumed with in-person meetings. Our board is holding has numerous other current and freshly aged- being attacked in the no-evidence part of the motion? Can its 15 to 25-person meetings spread out across an out members who would also be excellent picks. we consider it when reviewing the trial court’s decision? auditorium designed for 200+. This requires lots of Governor Abbott: you can save some time by The three judges on the panel had three different answers. shouting, but the officers voted and found shouting ditching the selection committee and giving us a call! They also voiced those answers in three different opinions relying on different authorities. Two of us decided that it Those documents can was appropriate to consider such evidence but did so for only stack so high.. different reasons. One of us said that only the evidence AABA History Quiz proffered by the non-movant could be considered. Well, if Let us lend a hand! you’re thinking about now, “Well, that’s as clear as mud,” DIGITAL WIN A ROLLING BRIEFCASE! • Document Copying & Printing you ain’t alone. Little about the law is black and white, and Be the first to correctly answer the question too often are litigants and judges left to walk a bit blinded • Scan To Disc until the Supreme Court comes to wash away the muck. • Bates Numbering below and send your answer to cbyrom@ • Courtroom Display Posters bf-law.com and you Maybe it will turn its hose on this topic. In the meantime, SCHEDULE NOW ucidigital.com those litigants wanting to combine traditional and no- • Photo Printing FREE will win a rolling • Blow Backs evidence motions should make sure that the evidence (806) 372-7722 briefcase provided presented to support the former does not defeat the latter. • Same Day Turnarounds MARKETING by the State Bar of . . . Oh, and, its best if you make it a practice to respond to • Competitive Rates 1000 S. Adams St. Texas. Free Pick Up/Delivery (Amarillo) summary judgment motions. • ANALYSIS Amarillo, TX 79101 What do the Picture this . . . you’re driving through West Texas colors on the Texas with your spouse and infant child in tow, the child is in • Black & white copies as low as $0.12 each flag represent? 1-800-204-2222 the throes of “intestinal disfunction,” and only one diaper • Color copies as low as $0.49 each remains. Needing to find the nearest store fast, you • Scanning as low as $0.16 each drive likewise . . . fast. 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Page 6 Page 3 shy away from, and he accomplishes them humbly. Thank you, Joby, for your dedication to the profession and lifting our spirits in a difficult year. (Your gift is DESIGNATING A CUSTODIAN ATTORNEY in the mail. Literally, not figuratively.) By James Wester, State Bar of Texas District 13 Director Another minor point about virtual issue. “There is not any easier process anywhere in the meetings: if you have an announcement President’s country,” said Laura Gibson, Co-Chair of the Succession of the sort that would normally be Planning Workgroup. made at the monthly luncheon, please Here is all that you need to do: let me ([email protected]) or • Find a lawyer who is willing to serve as your Page Janet Byers (director@amarillobar. custodian attorney; org) know so that we can make that • Log in to My Bar Page on the State Bar website; By: Jennie Knapp announcement for you. There is not an • Scroll to the tab “Succession” (next to “Your efficient way to “call on” people or “go MCLE”); around the room” virtually. One of the • Click on “Add Custodian Now” (the electronic Happily, our first Virtual AABA meeting and CLE presentation proceeded many things that we will be happy to designation form); without any technical glitches. Thanks to many who signed on – we loved getting get back to when in-person meetings • Fill in the information of your custodian attorney to see everyone, even on a screen. A special thanks to Judge Curt Brancheau for resume. For now, we will make do. and click “Submit”; and his perspective on navigating judicial proceedings in this current climate. As you may have guessed, we • Click “Affirm” to affirm your designation But there was one glaring oversight: I failed to recognize Joby Mills and the will be proceeding with another virtual If the above seems too good to be true, you can great job that he did as President of our organization last year. It was not an easy meeting in October. Watch your emails learn more about designating a custodian by going to year to be a leader of any group, but Joby met the challenges with his characteristic for the Zoom link (and email Janet texasbar.com/succession and clicking on the tab titled jovial nature, good sense, and volunteerism. In several years of working with Joby Beyers at [email protected] if James Wester “Designating a Custodian—Instructions.” doing bar work, I have never once seen him upset or even just “okay.” He’s always you are not getting AABA emails). Also, Your custodian attorney will be notified by email and good for a joke, and (as I really appreciate) he will humor you by laughing at yours check your emails for other updates on What happens to the clients when a lawyer dies he or she will affirm or decline the designation. Do unto no matter how bad they are. If you haven’t had the chance to get to know Joby, you events throughout the fall. or has an incapacitating accident that suddenly makes others as you would have them do unto you – expect should. He will make your day better. The AABA certainly has been made better by Stay well and wash your hands. the lawyer unable to practice law or even communicate? that you will reciprocate as the custodian attorney for his service. Joby is often the first one to volunteer to take on tasks that most people What, if anything, can the lawyer’s family do? While law your custodian attorney’s practice. You can also select firms have the ability to deal with that situation, there an alternative custodian attorney. You can change are many lawyers that are unprepared for such an event. your designations at any time. There is a short video Each of us knows or has heard horror stories of the explaining the process, which can be found at texasbar. fallout from such an event. “When a lawyer suddenly com/succession/successionplanning.mp4. dies or becomes incapacitated without a succession Note that by designating a custodian attorney, plan, it can create chaos for clients, firm employees, and you are not designating an attorney to take over your family members,” said Greg Sampson, Co-Chair of the practice. You are simply designating an attorney who will State Bar of Texas Succession Planning Workgroup. contact your clients, encourage your clients to obtain Recognizing the problem, the State Bar has legal counsel, and ensure that client files and property developed a solution. The custodian attorney program are returned. is easy to implement and planning for an unforeseen I know some of you have an informal agreement event is time well spent. The program allows you to with another attorney and I encourage you to take the appoint a “custodian attorney” that is in a position to few minutes to formally designate the attorney as your handle or close a practice in the event of a lawyer’s custodian and vice versa. The State Bar believes the death or sudden cessation of practice. custodian attorney program pertaining to succession • 3 to 6 year Litigation Associates Needed The custodian attorney is given the authority to: planning and emergency preparedness will make a real • Obtain access to client files; difference in the practices of thousands of lawyers, while • Provide notice to the lawyer’s clients that the also benefiting their families, their clients, and the judicial • Excellent Pay and Benefits lawyer has ceased practicing; system. • Secure client direction on where and to whom Special thanks on this effort go to Immediate Past to send the file; and President Randy Sorrels, the members of the Succession • Great Opportunity for Skills Development • Return any client property. Planning Workgroup, and the State Bar Staff including As a lawyer, think about the legal issues that could the Information Technology Team. arise if no one has the legal authority to handle the items As each of us thinks about our loved ones as we above. While horrible for you if such an event occurs, update our Last Will, it is a time to also think about and your family, clients, staff and others are the ones left to update your designated Custodian Attorney(s). deal with the aftermath. Realizing that we are all busy If I can be of assistance, please feel free to contact Contact Katy Taylor at 806-337-1129 [email protected] and the State Bar has made the process very simple and me at [email protected] or 806-379-0354. efficient, it’s well worth taking the time to address this

Page 2 Page 7

Month the of

Young Lawyer Lawyer Young

Church of Christ in Canyon. Canyon. in Christ of Church

YouOURR BaARR EventsVENTSand Manske - MC. ayAY Jeffrey 2013 Judge Magistrate States United the Justice Jack Pope Award for for Award Pope Jack Justice the

Lawyers. In 2019 he received received he 2019 In Lawyers. Update Supreme Court.” We are excited to to excited are We Court.” Supreme

cross country meets, violin recitals, and coaching his his coaching and recitals, violin meets, country cross

SS MM TT WW student top the T T as recognized FF was and Scotland S S Andrews,

AAYLA AAYLA

Logan, and goldendoodle, Winston. Eric and Hannah Hannah and Eric Winston. goldendoodle, and Logan,

moot court, client counseling, and mock trial competitions. 1234competitions. trial mock and counseling, client court, moot appellate attorneys elected fellows in in fellows elected attorneys appellate Mr. Watson’s CLE presentation is is presentation CLE Watson’s Mr.

4 1 2 3 Appeals of

wife, Hannah, three children, Mason, Sawyer, and and Sawyer, Mason, children, three Hannah, wife,

Law. While in law school, Eric competed and won awards in in awards won and competed Eric Springschool, law in While Law.

Watson is also one of 300 national national 300 of one also is Watson Advanced Appellate Practice Course. Practice Appellate Advanced

Seventh Court Court Seventh Spring Institute

While not in the office, Eric spends time with his his with time spends Eric office, the in not While of School Baylor at law study to Waco to moved Eric

Institute VolumeVolume 28 27 Board of Legal Specialization. Mr. Mr. Specialization. Legal of Board the Advanced Civil Trial Course and and Course Trial Civil Advanced the

Waco, Texas. Texas. Waco, attorney.

2 2 May 2014

President’s Page President’s May 2013

has served as the Court Director for for Director Court the as served has Old Lawyer No.No. 9 9 amarillobar.org

C 5 6 7 8 9 10 11 amarillobar.org

Prior to joining Sprouse Shrader Smith, Eric worked as as worked Eric Smith, Shrader Sprouse joining to Prior retired honorably Eric years, fifteen than more serving After

ontents 4 Luncheon, 5 6 7 8 9 10 is board certified in Civil Appellate Appellate Civil in certified board is Section of the State Bar of Texas and and Texas of Bar State the of Section

where he works as a litigation associate and mediator. mediator. and associate litigation a as works he where

In March 2020, Eric joined Sprouse Shrader Smith, Smith, Shrader Sprouse joined Eric 2020, March In Amarillo Club major a as served he career, Eric’s of half last the For

his clerkship in January of 2021. 2021. of January in clerkship his enforcement. law in career a began and Academy Police focuses his practice in appellate law law appellate in practice his focuses

Rules Advisory Committee. He is is He Committee. Advisory Rules Needless to say, Ray is

Honorable Matthew Kacsmaryk in Amarillo. Eric begins begins Eric Amarillo. in Kacsmaryk Matthew Honorable

12 13 14 15Abilene the 16completed successfully 17Eric Department. 18 Police Traurig in Austin, Texas, where he he where Texas, Austin, in Traurig

appointed member of its 50-member 50-member its of member appointed 11 12 13 14 15 16 17 Harlow has been honored by the

was selected to serve as a judicial law clerk for the the for clerk law judicial a as serve to selected was

While in college, Eric joined the Abilene Abilene the joined Eric college, in While ecipient of the my model of what a lawyer Watson is a shareholder at Greenberg Greenberg at shareholder a is Watson

the Texas Supreme Court as an an as Court Supreme Texas the 2014 R Amarillo Area Bar Association

Eric Vickers Eric 50 Y L “

chaRles l. Reynolds lifetime a Reynoldslegal issue Lifetime and to Achievement determine

Eric’s time serving as an intern in the Waco Waco the in intern an as serving time Eric’s graduating After Texas. Abilene, in

Charles Skip Watson is our speaker speaker our is Watson Skip Charles

18 19 20 21raised and born 22was Vickers Eric 23 24

achievement awaRd: issuearea in lawyer an efficient or judge withand a well-distin-

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ric RobeRt R. sandeRs orchestrateda substantial manner contribution is second to the to

none.Amarillo Bar, the community, – Page and2

: : M L Y oung onth the of er Y 26Office 27 28 29aw 30 31 the legal profession. The award 25 26 27 28 29 30 31 Baker & Jesko, SandersBaker, PC, the Underwood Closed will ”be presented to Harlow’s fami- Law Firm, and Sprouse Shrader Smith, PC. Mr.

Memorial Day ly at the Spring Institute Dinner, Sanders provided legal advice and counsel to area

which William will behas held a stated May 4,goal 2013 of businesses, families, educational institutions, and ” out-doingat the Amarillo me, and Club. a matching Harlow

healthcare providers. Mr. Sanders has particular “

Sprouse was an accomplished trial

expertise in the field of education law and is a for- track record, both of which

-Page 5 -Page communication lawyer, an expert in legal ethics, a mer Director of the Texas Association of Commu- signaled that I could be in for “ “ servant of the bar, and a very kind

nity College Attorneys. He is a past president of to be said for in-person in-person for said be to moreperson. direct He competition will be missed. than I

the Amarillo Area Bar Association.

Editor of AMA-LAW of Editor

Elizabeth Jepson, Elizabeth felt I could handle. Nonetheless,Page 3 Editor of AMA-LAW of Editor Elizabeth Jepson, Elizabeth

[T]here is something something is [T]here Mr. Sanders not only devoted himself to the

Executive Director Executive Executive Director Executive Jo Ann Holt, Ann Jo

Jo Ann Holt, Ann Jo ”

practice of law practice, but continually gave his the firm extended William a

AAYLA President AAYLA AAYLA President AAYLA Jeremi K. Young, K. Jeremi Laura Hale, Laura

AMA-LAW Editor AMA-LAW

Colleen Byrom, Byrom, Colleen time and energy to the Amarillo community. He job offer over my vociferous

Funny thing about jury in-

Executive Director Executive

Janet Byars, Byars, Janet served as president and as a general member of the objections, and he joined the Randall Sims Randall Johnny K. Merritt K. Johnny Howard Brad

Johnny Merritt Johnny structions is that failing to ask for

AAYLA President AAYLA , Biggs Richard

-Page 4 -Page firm in 2012. Neither of us has

Middle Row: Robert Sanders, Jerry Johnson, Alan Adkins, James Dorres, George Jennings, Jr., Don “a particular one in a civil trial Joni Kleinschmidt Joni Adrian Castillo Adrian Logsdon Mark

Adrian Castillo Adrian School District, coached for Kids, Inc. and the

“ “

Blair Oscarsson Blair

Diana Hathaway Diana gottenusually the means other you fired, waived yet. any

Terms Expire 2015 Expire Terms e 2014 e xpir E erms T 2013 e xpir E erms T Terms Expire 2014 Expire Terms Dean, Tom Morris, Dee Miller, Oth Miller

get it right. it get Robert “Bob” Sanders Pony League baseball programs, and performed Tyler Topper Tyler

Alex Yarbrough Alex complaint about not getting it.

c W s EXECUTIVE COMMITTEE EXECUTIVE

EXECUTIVE COMMITTEE EXECUTIVE Front Row: Judge Nobles, Justice Boyd, Speaker Broaduscommunity Spivey, service Bob Templeton,through the Bob Amarillo Smith Maver- – Page 3 tson A P ki rles A h

John Hedrick John

Sean Taylor Sean That is not necessarily true in a You know, juries usually do do usually juries know, You

Long-time Amarillo attorney, civic leader, ick Boys and Girls Club, Goodwill Industries, Big ”

: 2021 Expire Terms :

Terms Expire 2022 Expire Terms criminal trial. Some must be giv- Immediate Past President Past Immediate

Immediate Past President Past Immediate Terry Ann White, Ann Terry

Justice Clinton E. Averitte, Averitte, E. Clinton Justice and native son Robert “Bob” Sanders is the 2014

Brothers/Big Sisters, Tascosa Excellence Council,

: s

Secretary-Treasurer en by the trial judge, even if no Secretary-Treasurer Pamela Trimble Gleason, Trimble Pamela Matt Sherwood, Matt ker A e P

ctober recipient of the Charles L. Reynolds Lifetime , Immediate Past President Past Immediate ,

Joby Mills Joby and Austin Middle School Excellence Committee,

Vice President Vice

Vice President Vice Tim D. Newsom, D. Tim

Dusty Stockard, Dusty SPRING INSTITUTE SPEAKERS one wants them. Page 4

Secretary-Treasurer

Thomas McMillian, Thomas Achievement Award. This is the highest award be- just to name a few. Mr. Sanders was a founder of

President-Elect President-Elect Brian P. Heinrich, P. Brian Tim D. Newsom, D. Tim

Vice President Vice

Liberty Lay, Liberty stowed by the Amarillo Area Bar Association upon the Amarillo Community Prayer Breakfast. He is Contents

President President Judge Clinton E. Averitte, E. Clinton Judge Brian P. Heinrich, P. Brian

President-Elect , Matt Sherwood Matt ” one of its members.

a past recipient of the Amarillo Globe News “Man President’s Page

President , Jennie Knapp Jennie 2

A Publication of the Amarillo Area Bar Association Bar Area Amarillo the of Publication A Bob Sanders was born and raised in Ama- of the Year” Award.

A b A A P A tion A ssoci r A A re rillo A m the of tion A ublic

EXECUTIVE COMMITTEE EXECUTIVE rillo. He attended Vanderbilt University as a stu- In addition to his law practice and commu- Old LawyerONTENTS of the Year 2

dent-athlete where he earned his undergraduate nity service, Mr. Sanders and Bonnie, his wife of C

Return Service Requested Service Return

amarillobar.org

No. 2 No. degree while playing varsity golf. In 1960, Mr. fifty-four years, raised a great family. The Sanders YoungPresident’s Lawyer Page 2

October 2020 October Sanders obtained his law degree from Southern have four boys that have grown into very successful of the Month

806-371-7226 3 Volume 35 Volume

Amarillo, Texas 79101 Texas Amarillo, Methodist University School of Law and became men themselves. Seventh Court of

Permit No. 195 No. Permit Sanders served as United States Magistrate Judge Amarillo Area Bar Association Spring Institute din- of the Month 5 D I A P Legal Yarns

for the Northern District of Texas, Amarillo Di- ner where we will present Mr. Sanders with this 7