UTCLE THE UNIVERSITY OF TEXAS SCHOOL OF LAW

15th Annual CONFERENCE ON STATE AND FEDERAL APPEALS

Earn up to 15.25 Hours of Credit Including 2.25 Hours of Ethics Credit

Specialization Expected for: Civil Appellate Law, Civil Trial Law, Criminal Law, Personal Injury Trial Law

June 1*, 2-3, 2005 *Optional Wednesday Evening Writing Session with Timothy Terrell, Emory University School of Law Four Seasons Hotel Austin, Texas

WWW.UTCLE.ORG • 512-475-6700 15TH ANNUAL CONFERENCE ON STATE AND FEDERAL APPEALS June 1*, 2-3, 2005 • Four Seasons Hotel • Austin

Earn up to 15.25 Hours of Credit Including 2.25 Hours of Ethics Credit

WEDNESDAY EVENING, JUNE 1, 2005 11:00 a.m. .75 hr 3:25 p.m. .67 hr Presenting the Facts: Making the Law Look Mock Jury Charge Conference 6:00 p.m. 3.00 hr Inevitable Following an update on charge law in Texas, watch Most lawyers treat facts as grubby material to experienced practitioners argue the charge and The Principles of Effective Writing and overcome to get to “the law.” This mistake can be make objections/preserve error in a mock charge Editing overcome by a principled approach to storytelling. conference. Writing and editing skills do not improve by search- Timothy Terrell, Atlanta, GA Hon. Tracy Christopher, Houston ing for discrete “tips,” but instead through attention Daryl L. Moore, Houston to more fundamental principles that dominate the Gwen J. Samora, Houston communication process. 11:45 a.m. .75 hr

Timothy Terrell, Atlanta, GA Court of Appeals Panel 4:05 p.m. 1.00 hr ethics Discussion of various issues with four court of appeals Professional Responsibility THURSDAY MORNING, JUNE 2, 2005 justices. Innocence Project Moderator – Jane M.N. Webre, Austin Presiding Officer: Pamela Stanton Baron Hon. Sue Walker, Fort Worth Discussion will include how the Texas Innocence Net- Hon. Amos L. Mazzant, Dallas work, which is based at the University of Houston Law Hon. Bea Ann Smith, Austin Center and which has connections with six other 8:00 a.m. Registration Opens Hon. Sarah B. Duncan, San Antonio Texas universities, pursues claims based on actual innocence on behalf of death-row as well as non- Includes continental breakfast. capital inmates. Strategies for seeking relief in state 12:30 p.m. Lunch on Your Own court, federal court, and the clemency process will be covered. 8:50 a.m. Welcoming Remarks THURSDAY AFTERNOON David R. Dow, Houston

Equal Access to Justice 9:00 a.m. .42 hr Presiding Officer: Pamela Stanton Baron Are our courts accessible to those who have basic What’s New at the Texas Supreme Court civil legal needs, regardless of income? A discussion 1:45 p.m. .42 hr Clerk’s Office of where we’ve been and where we’re going in see- ing that our courts remain open to those who are least What’s new with the Web site, e-briefs, the Court’s What’s Clear About Clear and Convincing able to afford it. calendar, and more—here’s the inside scoop from the Evidence Hon. Harriet O’Neill clerk of the Texas Supreme Court. A discussion of the historical development of “clear Andrew Weber, Austin and convincing” evidence and current guidelines for Mediation Issues Elana Einhorn, Austin applying the standard. A discussion of the limits of mediation confidenti- Michael A. Hatchell, Austin ality and the development of a theory of mediator 9:25 a.m. .50 hr liability. 2:10 p.m. .67 hr Charles McGarry, Dallas Texas Supreme Court Update A justice of the Supreme Court of Texas reviews recent What’s Hot, What’s Not 5:05 p.m. Adjourn decisions and rule changes from that court. An unscripted panel discussion of the latest trends in the Supreme Court: decisions, grants, and other Hon. Nathan L. Hecht, Austin FRIDAY MORNING, JUNE 3, 2005 recent developments. Moderator – David M. Gunn, Houston Presiding Officer: Pamela Stanton Baron 9:55 a.m. .83 hr Hon. Deborah G. Hankinson, Dallas Texas Supreme Court Panel Hon. James A. Baker, Dallas 8:30 a.m. .42 hr Hon. Craig T. Enoch, Austin A panel of Texas Supreme Court justices will answer Preservation of Harm frequently asked questions about practice before the Harmful error analysis is generally viewed as the exclu- court. 2:50 p.m. .33 hr sive province of the appellate courts, and it is often Moderator: Macey Reasoner Stokes, Houston Jury Charge Update an exercise in speculation—but why shouldn’t lawyers Chief Justice Wallace B. Jefferson, Austin make a record about harm in the trial courts? This Hon. Harriet O’Neill, Austin An update of the latest issues related to the court’s presentation offers a different perspective on tradi- Hon. Paul W. Green, Austin charge, including issues of form and content. tional ideas about preservation, examining the strate- Hon. David M. Medina, Austin Karen S. Precella, Fort Worth gy of preservation with a view to improving your odds of reversal on appeal. 10:45 a.m. Break 3:10 p.m. Break Russell S. Post, Houston

Phone: 512-475-6700 Fax: 512-475-6876 8:55 a.m. .33 hr 2:00 p.m. .50 hr 3:00 p.m. .50 hr Summary Judgments: Recent 5th Circuit Clerk’s Rules and Effective Participation as an Amicus in Developments and Unsettled Areas Procedures You Should Know, But State and Federal Court An analysis of unsettled, confusing and develop- Nobody Ever Told You Everything you ever wanted to know about amicus ing aspects of summary judgment practice and How to comply with rules and procedures to get curiae briefs—how to obtain them, how to write procedure. your case to the judges; update on electronic filing them, and how to respond to them. Tim Patton, San Antonio with the new appellate CM/ECF system. Roger D. Townsend, Houston Charles Robert “Fritz” Fulbruge, Reagan W. Simpson, Houston New Orleans, LA R. Ted Cruz, Austin 9:15 a.m. .50 hr Dana Livingston Cobb, Austin Appellate Procedure Update 3:30 p.m. .50 hr A summary of recent developments and trends 2:30 p.m. .50 hr 5th Circuit Update: Significant Civil affecting appellate procedure. Decisions Since May 2004 US Supreme Court Update: Cases and Elaine A. Grafton Carlson, Houston The update reviews selected Fifth Circuit civil Advocacy decisions in the areas of jurisdiction, procedure and An update on developments and trends in the Unit- appellate practice. 9:45 a.m. Break ed States Supreme Court, with an emphasis on high O. Rey Rodriguez, Dallas points—and low points—in appellate advocacy. Jeffrey A. Lamken, Washington, DC 10:00 a.m. .50 hr ethics 4:00 p.m. Adjourn

Everything I Needed to Know about Ethics I Learned in Kindergarten Mail this registration form or fax a copy to: (512) 475-6876 Why do we have the ethical rules we have and why does the law of lawyering work the way it does? REGISTRATION FOR AP05 Returning to the etiquette of the kindergarten play- The University of Texas School of Law • Office of Continuing Legal Education ground will not only keep you out of trouble, it will Attn: AP05 • Post Office Box 7759 • Austin TX 78713-7759 show you why the law is what it is. PLEASE PRINT CLEARLY Kendall Gray, Houston Bar Card# ❑ TX ❑ Other State: ❑ N/A

10:30 a.m. .92 hr Name [ Mr. / Ms. ] Firm Short Topics: Attorney Fees and Damages These presentations will cover attorney fees on ap- Address peal, standards for judicial review of “soft” compen- City State Zip satory damages, and punitive damages. Telephone Fax Phillip Durst, Austin Brent M. Rosenthal, Dallas Registrant’s Email (required) Jeffrey S. Levinger, Dallas Assistant’s Email (optional) Invoices, confirmations and receipts are emailed to these addresses. REGISTRATION 11:25 a.m. .83 hr including .33 Ethics Includes Course Binder Lessons Learned the Hard Way ❑ Early Registration Fee due by Wed., May 25, 2005 $395.00 Practitioners reflect on the thrill of victory and the ❑ Registration Fee after Wed., May 25, 2005 $445.00 agony of defeat. Victory is more fun, but defeat can ❑ Optional Wednesday Evening Primer $75.00 be more educational. ADD LUNCH William J. Boyce, Houston David E. Keltner, Ft. Worth ❑ Sponsored Luncheon with the Judiciary $5.00 Nina Cortell, Dallas CONFERENCE PUBLICATIONS AND MEDIA Douglas W. Alexander, Austin Allow 2–4 weeks from conference date for delivery.

❑ Course Binder Without Conference Registration $200.00 12:15 p.m. Lunch with the Judiciary ❑ Audio CD Set $175.00 Baker Botts L.L.P. eBinder on CD (PDF format) $200.00/$50.00 Haynes and Boone, LLP ❑ ($200 purchased alone, $50 with registration or purchase of Course Binder or Audio CD Set) Vinson & Elkins L.L.P. TOTAL ENCLOSED $ METHOD OF PAYMENT

FRIDAY AFTERNOON ❑ Check (make checks payable to: The University of Texas at Austin)

Presiding Officer: Dana Livingston Cobb ❑ VISA or ❑ Mastercard (sorry, no AMEX or Discover)

Card # - - - 1:30 p.m. .50 hr ethics     Ethics: A View from the Bench / Hon. Edward C. Prado, San Antonio X Authorized Signature Exp. Date (mm/yy) AUSTIN CONFERENCE FACULTY June 1*, 2-3, 2005 Douglas W. Alexander Kendall Gray Tim Patton Alexander Dubose Jones & Townsend LLP Andrews Kurth LLP Attorney at Law Austin Houston San Antonio CONFERENCE LOCATION Hon. James A. Baker Hon. Paul W. Green Russell S. Post Former Justice, Supreme Court of Texas Supreme Court of Texas Beck, Redden & Secrest, L.L.P. Hughes & Luce, LLP Austin Houston Dallas David M. Gunn Hon. Edward C. Prado William J. Boyce Beck, Redden & Secrest, L.L.P. United States Court of Appeals for the Fulbright & Jaworski L.L.P. Houston Fifth Circuit Houston San Antonio Hon. Deborah G. Hankinson Four Seasons Hotel Former Justice, Supreme Court of Texas Karen S. Precella Elaine A. Grafton Carlson Law Offices of Deborah Hankinson PC Haynes and Boone, LLP 98 San Jacinto South Texas College of Law Dallas Fort Worth Austin, TX 78701 Houston 512-685-8100 Michael A. Hatchell O. Rey Rodriguez Hon. Tracy Christopher Locke, Liddell & Sapp, LLP $195 (subject to availability) good Fulbright & Jaworski, L.L.P. 295th District Court Austin Dallas through May 11, 2005 Harris County Houston Hon. Nathan L. Hecht Brent M. Rosenthal Parking: $6 self-parking Supreme Court of Texas Baron & Budd, P.C. (subject to change) Dana Livingston Cobb Austin Dallas Alexander Dubose Jones & ••••••••••••••••••••••••••••••• Townsend LLP Hon. Wallace B. Jefferson Gwen J. Samora Supreme Court of Texas KEY DATES Austin Vinson & Elkins L.L.P. Austin Houston Registration and Cancellation Nina Cortell David E. Keltner Haynes and Boone, LLP Reagan W. Simpson May 25, 2005, 5 p.m. Jose, Henry, Brantley & Keltner, L.L.P. Dallas King & Spalding LLP •last day for early registration Fort Worth Houston add $50 for registrations R. Ted Cruz Jeffrey A. Lamken received after this time Office of the Attorney General Baker Botts, L.L.P. Hon. Bea Ann Smith Austin Third Court of Appeals May 27, 2005, 5 p.m. Washington, DC Austin •last day for full refund David R. Dow Jeffrey S. Levinger University of Houston Law Center Macey Reasoner Stokes May 31, 2005, 5 p.m. Carrington, Coleman, Sloman & Houston Baker Botts L.L.P. (Monday before conference) Blumenthal, L.L.P. Houston •last day for partial refunds Hon. Sarah B. Duncan Dallas $50 processing fee applied Fourth Court of Appeals Hon. Amos L. Mazzant Timothy Terrell Bexar County Justice Center Fifth District Court of Appeals Emory University School of Law June 1, 2005, 6 p.m. San Antonio Atlanta, GA •optional primer begins Dallas Philip Durst Charles McGarry Roger D. Townsend June 2, 2005, 9 a.m. Deats, Durst, Owen & Levy, P.L.L.C. Alexander Dubose Jones & Townsend LLP •conference begins Law Offices of Charles McGarry Austin Dallas Houston Hon. Sue Walker This course has been approved for Minimum Con- Elana Einhorn Hon. David M. Medina M 2nd District Court of Appeals tinuing Legal Education credit by the State Bar Law Offices of Deborah Hankinson PC Supreme Court of Texas Fort Worth C of Texas Committee on MCLE in the amount of Austin Austin L 15.00 hours, of which 2.25 credit hours will apply Andrew Weber E to legal ethics/professional responsibility credit. Hon. Craig T. Enoch Daryl L. Moore Winstead Sechrest & Minick P.C. Storey, Moore & McCally Supreme Court of Texas Austin Houston Austin “Snap, Crackle, Pop, We Hardly Knew Ye,” collage, is by Philip Durst. Charles Robert “Fritz” Fulbruge Hon. Harriet O’Neill Jane M.N. Webre For more information, contact him 5th Circuit Court of Appeals Supreme Court of Texas Scott, Douglass & McConnico, L.L.P. at 512-474-6200. New Orleans, LA Austin Austin

15TH ANNUAL NON-PROFIT-ORG U.S. Postage Paid UTCLE CONFERENCE ON STATE AND FEDERAL APPEALS The University of Texas THE UNIVERSITY OF TEXAS AT AUSTIN June 1*, 2-3, 2005 • Four Seasons Hotel • Austin, Texas THE UNIVERSITY OF TEXAS SCHOOL OF LAW School of Law P.O. Box 7759 • Austin, TX 78713-7759

This program is not printed or mailed at state expense.

E-mail us at [email protected] or call us at 512-475-6700 for more information