DEALING WITH DAMAGES – RECOVERIES AS PROPERTY JOHN F. NICHOLS, SR. TRISTAN H. LONGINO Nichols Law, P.L.L.C. Tradition Bank Plaza 5020 Montrose Blvd., Suite 400 Houston, Texas 77006 (713) 654-0708 (713) 654-0706 (Fax) [email protected] [email protected] www.nicholslaw.com JASON OSTROM NICOLE SAIN Ostrom / Sain LLP 5020 Montrose Blvd., Suite 310 Houston, Texas 77006 (713) 863-8891 (713) 863-1051 (Fax) www.ostromsain.com State Bar of Texas 34TH ANNUAL MARRIAGE DISSOLUTION INSTITUTE April 28-29, 2011 Austin CHAPTER 3 BIOGRAPHICAL INFORMATION ON JOHN F. NICHOLS, Sr. EDUCATION B.S., Rice University 1963 LL.B., University of Houston 1967 PROFESSIONAL ACTIVITIES Board Certified; Family Law, Personal Injury, Civil Trial Past Chairperson; Litigation Section, State Bar of Texas Diplomate: American Board of Trial Advocates Fellow: International Society of Barristers Fellow: American College of Family Trial Lawyers (Charter Member) Fellow: American Academy of Matrimonial Lawyers Fellow: International Academy of Matrimonial Lawyers (Charter Member) Fellow: State Bar College (Charter Member) State Bar of Texas Course Director, Advanced: Family Law, Civil Trial Law, Evidence and Discovery, Fiduciary Litigation, Trial of a Family Law Jury Case Best Lawyers in America - all editions Texas Super Lawyers - all editions LAW RELATED PUBLICATIONS Author of 146 articles on family law, fiduciary litigation, personal injury and civil trial law. Two books on depositions (family law and personal injury law). HONORS State Bar of Texas – 2008 Gene Cavin Award Texas Center for the Judiciary – 2008 Exemplary Article Award Rice University – Athletic Hall of Fame (Football) TRISTAN H. LONGINO Nichols Law, P.L.L.C. (www.nicholslaw.com) Tradition Bank Plaza 5020 Montrose Blvd., Suite 400 Houston, Texas 77006 Work: (713) 654-0708, Fax: (713) 654-0706, Cell: (713) 581-4991; E-mail: [email protected]; www.linkedin.com/in/tristanlongino EDUCATION University of Houston Law Center J.D. expected May 2011 GPA 3.156 • Treasurer of Family Law Organization, a student group • Moot court speaker: semifinalist in John Black Moot Court Competition and competitor in ABA Negotiation and Mediation Competitions University of Richmond B.S. in Business Administration, May 2005 GPA 3.34, graduated on Dean’s List CERTIFICATIONS • Certified in mediation by A.A. White Dispute Resolution Center June 7, 2009 • Certified in advanced family mediation by Blakely Advocacy Institute February 20, 2011 EXPERIENCE Nichols Law, P.L.L.C., Houston, Texas Jan 2011 – Current Law Clerk • Assist with work on cases and appeals • Assist in writing and editing CLE and other materials for publication 312th District Court, Houston, Texas May 2010 – August 2010 Summer Intern for the Hon. Robert Hinojosa • Worked on renditions with judge, one involving complex property issues Duane Morris, Houston, Texas June 2009 – August 2009 Summer Associate • Wrote client alerts • Researched and analyzed legal issues for partners and associates Dell Financial Services, Austin, Texas June 2007 – July 2008 Operations Coordinator • Audited leases and loans to commercial clients Merrill Lynch, Pennington, New Jersey 2005 – 2007 Financial Advisor • Advised retail clients on financial plans and holdings; mentored other advisors Sandler O’Neill & Partners, L.P., New York, New York Summers 2002 – 2004 Summer Intern • Managed various servers and databases; provided end-user support Jason B. Ostrom 2305 Gostic Street Houston, Texas 77008 [email protected] EDUCATION: SOUTH TEXAS COLLEGE OF LAW, Houston, Texas Doctor of Jurisprudence, May 2000 GPA: 3.51 Top 5% of class [Ranked 6th] Magna Cum Laude Law Review: Note & Comment Editor -1999/2000 Board LOYOLA UNIVERSITY OF NEW ORLEANS, New Orleans, Louisiana Bachelor of Arts, Political Science with a minor in Environmental Studies, 1995 EXPERIENCE: OSTROM/Sain, LLP, Houston, Texas Partner 2006-Present Areas of Practice: Civil Litigation regarding Probate, Guardianship, Fiduciary Duty, and Consumer Rights. Preparation of wills, trusts, and ancillary estate planning documents. ABRAHAM, WATKINS, NICHOLS, SORRELS, MATTHEWS & FRIEND, Houston, Texas Attorney 2005-2006 Areas of Practice: Estate Planning, Estate Administration, Guardianships and Probate Litigation, Personal Injury Litigation, Business Litigation and Mass Tort Litigation. Prepare pleadings, motions, deeds, estate planning documents, and settlement documents. CENATIEMPO & DITTA, L.L.P., Houston, Texas Attorney 2001-2005 Areas of Practice: Estate Planning, Estate Administration, Guardianships and Probate Litigation. Prepare pleadings, motions, deeds, estate planning documents, trust reformation and recession agreements, and settlement documents. Develop relationships with probate court judges and procure court appointments. Interview clients of all backgrounds. FOURTEENTH COURT OF APPEALS, CHIEF JUSTICE PAUL MURPHY, Houston, Texas Briefing Attorney 2000-2001 Attended oral arguments and drafted civil and criminal appellate opinions. Presented case to justices sitting on the panel. Collaborated with other justices on the panel in preparing opinions. PUBLICATIONS: Nicole Sain & Jason B. Ostrom, A Law Degree Doesn’t Come With a Halo: Navigating Ethical Issues In Probate Practice (2008), presented at NATIONAL BUSINESS INSTITUTE SEMINAR: THE PROBATE PROCESS FROM START TO FINISH, April 2007 & April 2008. Nicole Sain & Jason B. Ostrom, The Rights of the Surviving Spouse (2008), presented at NATIONAL BUSINESS INSTITUTE SEMINAR: THE PROBATE PROCESS FROM START TO FINISH, April 2007 & April 2008. Nicole Sain & Jason B. Ostrom, Litigating the Case in Probate Court (2008), presented at NATIONAL BUSINESS INSTITUTE SEMINAR: THE PROBATE PROCESS FROM START TO FINISH, April 2007 & April 2008. Nicole Sain & Jason B. Ostrom, Will Contest Basics (2007), presented at HOUSTON BAR ASSOCIATION, 2007 WILLS AND PROBATE INSTITUTE. Nicole Sain & Jason B. Ostrom, Intestate Succession, The New American Family (2006), presented at SOUTH TEXAS COLLEGE OF LAW WILLS AND PROBATE INSTITUTE, September 2006. Jason B. Ostrom, Patient’s Bill of Rights, HOUS. LAW. May/June 2006, at 34. Benny Agosto, Jr. & Jason B. Ostrom, A Party’s Illegal Status During Trial, MEXICAN AMERICAN BAR ASSOC. OF HOUSTON, presented July 2005. Jason B. Ostrom, A Law Degree Doesn’t Come With a Halo: Navigating Ethical Issues in Probate Practice, NATIONAL BUSINESS INSTITUTE: ODDITIES AND CHALLENGES IN TEXAS PROBATE LAW, presented November 16, 2004. Jason B. Ostrom & Nicole Sain, HBA Appellate Section Case Update, presented July 30, 2003. Hon. Russell Austin & Jason B. Ostrom, Forcible Entry and Detainer Actions and Probate: Who Decides? Louis M. Ditta & Jason B. Ostrom, Things Every Personal Injury Attorney Needs To Know About Probate, SOUTH TEXAS COLLEGE OF LAW PERSONAL INJURY CONFERENCE, March 7, 2002. Jason B. Ostrom, The Competing Roles of Law Professors, 42 S. TEX. L. REV. 539 (2001). C.F. Jeb Wait, The Statute of Limitations Governing Medical Malpractice Claims: Rules, Problems, and Solutions, 41 S. TEX. L. REV. 371 (2000)(Footnote Credit). Randall Sorrels & Jason B. Ostrom, Should an Employee’s Negligence be Submitted in a Non-Subscriber Case?, HOUS. LAW., January/February 2000, at 10. PROFESSIONAL ASSOCIATIONS: Member of the Texas Trial Lawyers Association, the Houston Trial Lawyers Association, the Houston Bar Association, past editor on the board of the Houston Lawyer, “Texas Rising Star” 2007, 2008, and “Houston’s Top Lawyers” 2008. Licensed in the State of Texas and admitted to practice before the U.S. District Court, Southern District of Texas. NICOLE SAIN 1125 E. 25th Street Houston, Texas 77009 713.863.8891 (business) 713.863.1051 (facsimile) 713.208.4340 (cell) [email protected] EDUCATION University of Houston Law Center, Houston, Texas September 2001 – December 2003 Juris Doctorate Pitzer College, Claremont, California September 1996 – May 1999 Bachelor of Arts, Psychology PROFESSIONAL EXPERIENCE OSTROM/Sain LLP, Houston, Texas Partner 2006-Present Areas of Practice: Estate Planning, Estate Administration, Probate and Fiduciary Litigation, Appeals. Meet with clients to discuss estate planning needs, prepare wills, trusts and ancillary documents; attend contested and uncontested court hearing; highly intensive motion practice; prepare appellate briefs and present oral argument to appellate courts; conduct written discovery and depositions; second chair in trial; preparation of jury charges. ABRAHAM, WATKINS, NICHOLS, SORRELS, MATTHEWS & FRIEND, Houston, Texas Contract Attorney 2005 - 2006 Areas of Practice: Estate Administration, Probate Litigation, Ad Litem Appointments. Attend court hearings; prepare motions, pleadings, briefs, orders, discovery, correspondence, inventories and accountings; participate in depositions; interview clients and witnesses; meet with expert witnesses. LAWTER & LAWTER, L.L.P, Houston, Texas Contract Attorney 2004 - 2006 Areas of Practice: Probate Litigation. Prepare motions, pleadings, briefs, discovery; prepare senior attorneys for depositions; review and analyze documents and witness interviews; research and brief legal issues. CENATIEMPO & DITTA, L.L.P., Houston, Texas Law Clerk 2003 - 2004 Research and brief legal issues; prepare petitions, motions, and discovery requests; file documents; speak with and draft correspondence to clients. PUBLICATIONS Nicole Sain & Jason B. Ostrom, A Law Degree Doesn’t Come With a Halo: Navigating Ethical Issues In Probate Practice (2008), presented at National Business Institute Seminar: The Probate