There are No Good-Bye's, Simply I'll See You Later

By:  Jeri Worthington

Executive Director

 

               As I step down as Executive Director of the HCBA and HCBF, I want my incredible Bar Members to know that this decision did not come lightly; it’s one of the most difficult I’ve ever made.  I simply love the HCBA and HCBF and our terrific Membership and will surely feel a void.  I want to thank all of my past Presidents, HCBA & HCBF Boards, Law Section Steering Committees, our CJP Director Martha Hernandez, CJP and HCBF Volunteers, Supporters and Sponsors, as well as all of our incredible Bar Members who have made these past 11 years so incredibly rewarding, enjoyable, and fulfilling for me.  As I mentioned at the Law Day Gala, I could not have asked for a more incredible career nor a more caring, giving, and positively fantastic group of professionals to work for.  Each and every one of you, our HCBA Lawyers and Judges, are so very special and important to me.  My life has truly been enhanced through our association.

                I also want to thank the most important person in my life, my husband Dan Worthington, for 27 plus years of love, support, wisdom, and encouragement.  Dan, you have always been there for me whether as a sounding board, for sage advice, as a balance beam, or simply to perk me up with your innumerous jokes and humorous antics.  You, my closest and dearest, have played a huge part in all of my successes.  I wouldn’t be who I am without you….

                The HCBA and HCBF are not left empty handed.  Many of you have had the opportunity to meet and get to know our soon-to-be Executive Director CJ Sanchez, and soon-to-be Assistant Executive Director Bernadette Perez.  I have been impressed by both of these professionals.  CJ received B.A. in Communications with a minor in Mass Communications and Business Spanish from Texas State University.  Bernadette received her B.A. in Communications with a minor in Women’s and Gender Studies from Texas A & M University.  Both CJ and Bernadette are professional and very motivated.  With the support of our HCBA and HCBF Board of Directors, they will carry these two organizations far.  In other words, you ain’t seen nothin’ yet!  Please support the HCBA and HCBF by supporting our new leadership.  Please take their calls and reply to their emails.  Our HCBA staff are here for you, after all.

                While I won’t be an employee of the HCBA and HCBF anymore, Dan is a very involved Bar Member, so I’m sure that I will see you all at a couple of the many events the HCBA and HCBF orchestrate throughout the year. 

Take care and God Bless.

Another Successful for Year for the HCBF Law Day Gala

By: Sharon Almaguer

The Almaguer Law Firm

 

The HCBA would like to thank all of our guests who attended this year’s HCBF Law Day Gala honoring Lifetime Achievement Recipient, R.P. (Bob) Sanchez, as well as our other Law Day winners: HCBA Ethics Award- Gary Henrichson; HCBA John E. Cook Pro-Bono Award- James E. Darling; HCBA Liberty Bell Award- Samuel Milligan; and the HCBA Media Award- Joe Augustine & KRGV Channel 5 News.

 

The money raised at this year's Gala__________ will be used by the Hidalgo County Bar Foundation for its many charitable programs including our Law School Scholarships, Thanksgiving Food Drive, Holiday Toy Drive, Region One- Mock Trial Program, Wills for Heroes Clinic, and the Community Justice Program.

 

We extend a BIG thank you to our Benefactor for this event, First National Bank as well as to all of our Sponsors listed below for making this year’s Law Day Gala such a tremendous success.

 

HCBF LAW DAY GALA 2012

We thank the following generous law firms, individuals, and businesses for supporting the Hidalgo County Bar Foundation through its 2012 Law Day Gala charitable fundraiser.

 

BENEFACTOR -- $5,000

 

 

PLATINUM -- $2,500

 

GOLD -- $1,500

Jones, Galligan, Key & Lozano, L.L.P.

 

SILVER -- $1,000

BBVA Compass 

Reed, McLain & Guerrero, L.L.P.

 

BRONZE -- $500

Adams & Graham, L.L.P.

Almaguer Law Firm

Barrera, Sanchez & Associates, P.C.

Calvillo Law Firm, P.L.L.C

Cardenas & Stephen, L.L.P.

Dale & Klein, L.L.P.

Dotcom Technologies

Espinosa Law Firm

Guerra Law Firm

Guerra Mask, L.L.P.

Hill & Romero Certified Court Reporters

Hockema & Longoria, L.L.P.

Law Office of Alfred T. Denham

Law Office of Ramon Garcia

Lewis, Monroe & Pena, L.L.P.

Ramírez & Guerrero, L.L.P.

Rimkus Consulting Group, Inc.

Roerig, Oliviera & Fisher, L.L.P.

Willette & Guerra, L.L.P

 

"Law in the Fast Lane-Civil Trial Conference" Cruises to Success This Year

By: Roberto "Bobby" Ramirez

The Ramirez Law Firm, PLLC

 

On April 12, 2012, the HCBA Civil Law Section hosted its 2012 Civil Trial Conference: Law in the Fast Lane, at the McAllenConvention Center.  Attorneys who attended the conference received CLE credit for their attendance and heard from a tremendous line up of speakers from inside and outside of the Valley, including Lisa Blue (Dallas, Texas), who spoke on jury selection, and Ed Chernoff (Houston, Texas), criminal defense attorney for Dr. Conrad Murray in the Michael Jackson death trial, who spoke on the impact of social media on juries. We would like to acknowledge our sponsors – Texas Trial Lawyers Association, The Association of Defense Counsel, Inc., and The James Street Group, for partnering up with the Hidalgo County Bar Association to make this event so successful. HCBA will continue its efforts to sponsor quality CLE for our lawyers. 

CLE + Mariachis and Margaritas= Success for the 2012 Probate, Trust & Guardianship Law Course

By: Joby J. Mills

First National Bank Trust Department 

 

The HCBA Estate Planning and Probate Law Section members hosted their annual Probate, Trust & Guardianship Law Course on April 27, 2012, at the University of Texas – Pan American in Edinburg, TX. We had another great group of speakers at this year’s seminar that the attendees thought were exceptionally informative. From all the great feedback that we have received, it is safe to say that the CLE was a great success. We would like to thank our sponsors, The University of Texas – Pan American Foundation and First National Bank Trust Department for helping the HCBA coordinate an impressive event.  A very special “thank you” to our committee members (Sharon Almaguer, Jose Cano, and Joby Mills) for all their help with making this CLE achieve its expectations.

The HCBA Congratulates Pablo J. Almaguer

By: C.J. Sanchez

HCBA Assistant Executive Director

 

The HCBA Staff and Board of Directors would like to extend big Congratulations to our very own Pablo Javier Almaguer and his new appointment by Bob Black to the Commission for Lawyers Discipline. Pablo has served as President of the Hidalgo County Bar Association and currently serves as President of the Board of Directors of the Texas Civil Rights Project.  In 2008 he became the first legal services attorney to serve on the Board of Directors of the State Bar of Texas and in 2010 became the first Minority Director from Hidalgo County to be nominated Chair of the Board of Directors.  On September of this year he will begin a three year term on the Commission for Lawyer Discipline. Pablo has been a very instrumental member of not only the HCBA-HCBF, but as well as the State Bar of Texas and most importantly the community that he serves. Which are just a few of the reasons why he is very deserving of this appointment. Once again, Congratulations Pablo.

The Habbouche Family Welcomes Baby Julian

The HCBA Staff and Board of Directors would like to Congratulate Zuleida and Joseph Habbouche on the birth of their ADORABLE baby boy, Julian Zavier Habbouche, born April 18, 2012, 8 pounds 7 ounces, 21 inches.

 

A Young Lawyer’s First: Deposition

By: Gregory Kerr

Jones, Galligan, Key & Lozano, L.L.P.

 

You received training for it in law school. You’ve seen it play out in the movies and on television. You’ve undoubtedly seen Joe Jamail’s “Texas Style Deposition” on YouTube (if you haven’t, stop reading this article and check it out). However, nothing can really prepare you for the real thing like actually taking one yourself. I had the opportunity to do just that earlier this week.

For those of you out there that have already taken one, you know that preparation is essential. While I had the great fortune of being under the tutelage of the mentors from my office, I still prepared for hours. This included reviewing the file in its entirety, developing and redeveloping my deposition outline, and organizing and preparing the documents that would be used as exhibits. But even after hours of preparation, I still had trouble sleeping the night before.

To make the whole process even more nerve-wracking, my boss told me he would be attending the deposition to watch me in action. While he is a great mentor, the fact that he would be there made me that much more nervous. Excitement and anxiety are a powerful combination.

As soon as the witness was sworn in, I had that first question ready to go. I immediately felt myself talking way too fast. Words started getting jumbled up, and I could not take my eyes off of my outline. I remembered that my boss warned me about getting ahead of myself and told me to formulate each question in my head prior to asking it. I knew I had to slow down or the deposition would have been a disaster. I took a deep breath and was determined to control the deposition as opposed to letting it control me.

It took about a half hour, but I finally calmed down. I started listening to the questions and answers and was able to rely less on my outline as the deposition continued. I was warned that first-time deposition-takers often fail to complete their question when interrupted by a deponent. During a break, my boss told me that I was doing exactly that. He reminded me to make sure to ask the entire question to ensure a clean record, and it was a good thing he did. After the deposition, I was told by the stenographer that after the first break I had corrected several problems that young lawyers have in depositions.

Overall, the experience was very beneficial. In my situation, I was lucky to have a very kind stenographer, a great mentor to guide me through the process, and an extremely gracious opposing counsel. While many of you may not have the great fortune of having these benefits at your first deposition, the following tenets remain true:

1. You are going to be nervous; there is no avoiding it.
2. Prepare as much as possible, and be familiar with the file.
3. Make a great outline, but do not depend on it. You must be able to adapt as the deposition progresses.
4. Always finish your question so as not to make a sloppy record. If you are interrupted, politely ask the deponent to allow you to finish your question.
5. The nervousness will fade by the end of the deposition.
6. Seek advice from those who have gone through the process; they know way more than you do.

I hope this article was helpful. For those of you that have already taken your first deposition, congratulations! For those who are still waiting, good luck!

 

“HCBA Job Bank” Online!

By: CJ Sanchez

 

We have numerous employment opportunities listed on our HCBA Job Bank Online. 

If you are an attorney seeking employment with an area law office, or have a law firm and want to place an employment listing for an associate, please visit the HCBA Job Bank Online on the home page of our web site www.hidalgobar.org and view our current listings or submit your own classified.  IT’S SO EASY!  The HCBA Job Bank Online is a member service provided by the Hidalgo County Bar Association.

 

 

 

Section Beat

By: CJ Sanchez

 

As we wrap up our 2011-2012 bar year, I would really like to take the time to express my sincere appreciation to all of our law section members for putting in the time and effort in attending all of this past years lunch CLE’s and CLE seminars put on by our individual law sections. I encourage all of our members to join our law sections, if you are not already a member. We have so much coming up, and you do not want to miss out. We currently have 8 law sections and will be adding a 9th during this coming bar year: Appellate Law Section; Estate Planning and Probate Law Section; Civil Trial Section; Criminal Law Section; Family Law Section; Senior Bar Section; Women's Bar Section; HCYLA (Hidalgo County Young Lawyers Association).

Please remember that to attend any law section meeting you MUST be a member of the HCBA and a member of the law section.Effective June 1sr the HCBA will begin it's membership drive for our 2012-2013 bar year, membership Dues are $100.00. To join a law section it is $25.00. We are also offering a new deal called “ALL LAW SECTIONS” where you can join all law sections for a flat fee of $100.00. When you decide on this option you will have the opportunity to attend any law section that may have a speaker or topic that interests you. If you wish to renew your membership at that time I will be happy to assist you.

Law Section Members may register for any meeting by clicking on the “Law Section Link” at the beginning of each report. Clicking on the hyperlink will immediately take you to the online calendar for your respective law section.

Appellate Law Section

Appellate Law Section. The Appellate Law Section last met on Tuesday, February 14th. The section would like to thank Tracy Spillman for leading the group in a round table discussion on current Supreme Court Decisions. The Appellate Law Section will be holding its next meeting on Tuesday, June  5th, 2012 at Cornerstone Grill in McAllen. The speaker and topic for this meeting are to be determined. Please post the following meeting schedule on your calendar: June 5th. The Appellate Law Section meetings are held from 12:00pm to 1:00pm at Cornerstone Grill.

Criminal Law Section

Criminal Law Section. The Criminal Law Section Meeting last met on Thursday, April 12th . The speaker for this meeting was  Sid Sepulveda. Mr. Sepulveda did an excellent job educating the group on the topic  "Indigent Defense" The next Criminal Law Section Meeting will be on Thursday, May  10th, 2012 at Cornerstone Grill in Edinburg. The speaker for this meeting is Mr. Jimmy Gonzalez.

 

Please post the following meeting schedule on your calendar:

 May 10th and June 14th. This law section is now meetings monthly from 12:00pm to 1:00pm.

Estate Planning and Probate Law Section

Estate Planning and Probate Law Section. The Estate Planning and Probate Law Section last met on Thursday, April 17th 2, 2012. Our speaker for this meeting was Ms. Molly Abshire  who gave a very interesting presentation on "Special Needs Trusts".  Thank you to Ms. Abshire for educating the group on such a relevant and interesting topic.

 

The Estate Planning and Probate Law Section will resume it's Law Section meetings in August during the 2012-2013 Bar year. 

 

 

Family Law Section

Family Law Section. The Family Law Section had it's first meeting of the Bar Year on February 26th at the UTPA- Alumni Center in Edinburg, TX. Pablo Almaguer was the speaker for this meeting and gave a great presentation on "Motions for New Trial and other ways to Preserve Error in a Family Law Case." Mr. Almaguer did a great job of engaging the members in the topic and genertating great discussion. A BIG thank you to Pablo Almaguer for not only providing a great first meeting, but for taking the lead in re-establishing this great section.

Our next meeting is scheduled for April 26th, 2012. For more information on joining this section or serving on the steering committee, please contact either CJ Sanchez or Jeri Worthington at the HCBA Office.

Civil Trial Law Section

Civil Trial Law Section. The Civil Law Section teamed up with the Estate Planning & Probate Law Section for their last meeting  on April 17th, 2012. The  gracious speakers for this meeting was Ms. Molly Abshire , who educated the group on “Special Needs Trusts”. On behalf of the HCBA and the Civil Trial Law Section Committee we would like to  extend a very heartfelt THANK YOU to Ms. Abshire for taking the time out of her very hectic schedule to come and eduacate our group.

 

Real Estate and Transactional Law Section

Real Estate and Transactional Law Section. 

The March 20th meeting was cancelled and will be rescheduled for a later date. Members of the Real Estate and Transactional Law Section will be notified with details regarding the sections next meeting, as soon as they become available.

 

 May 15^th, and July 17^th. Don’t forget to note these dates on your calendar.

Women's Bar Section

Women’s Bar Section. 

The Women’s Bar Section (WBS) held its last meeting of the year on May 15, 2012.   The new WBS Executive Board is comprised of:  Kristalee Guerra, President; Sandra Guajardo Falcon, President-Elect; Elizabeth Garcia and Summer Olmos, Social Committee Co-Chairs; Heather de la Garza, CLE Chair; and Ana Villegas and Amparo Yanez Guerra, Community Service Co-Chairs. 

 

The WBS would like to thank its outgoing president, Marissa Sandoval, for her tremendous leadership this past year.  Thank you, Marissa!

New Courthouse Committee Final Report

By: Paul Wilson

Wilson Law Firm, L.P.

 

            The committee had its final meeting on March 7, 2012.  The recommendation remains to build the courthouse immediately across from the Administration Building on Cano where the parking lot is located.  The plan calls for the County Clerk, District Clerk, and other unnamed departments to be housed in the current courthouse.  A secured walkway will connect the two buildings.  The  entrance to either building will be through security at the new courthouse.  The new courthouse basement will house the main holding facility for prisoners and secured parking.  The first floor will include the cafeteria and an auditorium that seats 400 people.  Floors Two through Six  will each have four courtrooms and offices for court staff.  Floors Seven and Eight will be built but not finished out. Such will be reserved for future years when additional court space is needed.  The foundation will be built to support two additional floors that are not to be built until later, if needed.  All parking will be ground level parking and will likely include additional parking North of the courthouse on the former Robert’s Chevrolet land along N. Closner. 

 

            The plans include all of the space the HCBA requested.  There was some concern expressed about the size of the Lawyer’s Lounge being only three hundred square feet.  However, this may not be critical since the new courthouse will lend itself to many meeting places, including: each courtroom will have two small conference rooms;  the cafeteria will be five thousand square feet; there will be separate space in the main holding area for lawyers to meet with prisoners.

 

            The plan being recommended is considered the best option in terms of cost.  It makes use of existing facilities, land, and infrastructure.  There is one caveat to this.  The estimate of how much it will cost to renovate the current courthouse has grown to twenty million.  For now, there does not appear to be any momentum within the design team, the committee, or among city or county elected officials to challenge the Historic Commission so the current courthouse can be demolished.  Thus, there is general resignation the plans have to include the renovation of the current courthouse.  

 

            Such is the recommendation to be made to Commissioners’ Court by the design team.  It remains to be seen whether such will receive their approval and whether any changes will be required.   If you feel this process has gone awry then now is the time to let your voice be heard. 

1st Quarterly report from Hidalgo County Clerk Laura Hinojosa

Click below to view

1^st Quarterly report from Hidalgo County Clerk Laura Hinojosa

Contributors

 Thirteenth Court Of Appeals 100 E. Cano, 5th Floor Edinburg, TX 78539 Kristalee.guerra@texascourts.gov

Contributors to this  issue of 
"The Summons"

Gregory Kerr Jones, Galligan, Keys & Lozano Associate Attorney 2300 W. Pike Blvd. Suite 300  Weslaco, TX 78596 gkerr@jgkl.com
Nick Dominguez  Vidaurri, Lyde, Rodriguez & Haynes, L.L.P.  202 N. 10th Ave.  Edinburg, TX 78539  nicholas.dominguez@gmail.com
Cynthia Benavides Jones, Galligan, Keys & Lozano Associate Attorney 2300 W. Pike Blvd. Suite 300 Weslaco, TX 78596 clbenavides@jgkl.com
Laura Hinojosa Hidalgo County District Clerk, 100 N. Closner P.O. Box 87 Edinburg, TX 78539
C.J. Sanchez Membership Services & Communication Director Hidalgo County Bar Association 314 S. Closner Blvd. Edinburg, TX 78539 cj@hidalgobar.org
Kristalee Guerra Senior Attorney Thirteenth Court of Appeals 100 E. Cano, 5th Floor Edinburg, Texas 78539    kristalee.guerra@txcourts.gov
Jeri Worthington Executive Director  Hidalgo County Bar Association 314 S. Closner Blvd. Edinburg, TX 78539 jeri@hidalgobar.org

Editorial Committee

"The Summons" Editorial Committee

Cynthia L. Benavides Jones, Galligan, Key & Lozano 2300 W. Pike, Blvd. Suite 300 Weslaco, TX 78596 clbenavides@jgkl.com
Nicholas B. “Nick” Dominguez Garcia & Villareal, L.L.P. 4311 North McColl Rd. McAllen, TX 78504 nicholasdomiguez@gmail.com
Stephen Gibson Dietz, Aliseda &Associates Staff Councel for Loya Insurance Group 11900 N. 26th St., Suite 200 Edinburg TX, 78539 sgibson@fredloya.com
Paul Wilson Wilson Law Firm 323 W. Cano Edinburg, TX 78539 paul@wilsonlawfirm.net
Brandy Wingate Smith Law Group, P.C. 809A Savannah Ave. #481 McAllen, TX 78503 brandy@appealsplus.com
Jeri Worthington Director, Hidalgo County Bar Association 314 S. Closner Edinburg, TX 78539 jeriworthington@aol.com