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UPLC SEEKS TEMPORARY INJUNCTION AGAINST THREE DEFENDANTS

by MARY ALICE ROBBINS signs, symbols, words on advertisements and the like course and a paralegal course.
which lead a person of average or ordinary intelligence Davis says he states openly to clients that his is a
t a May 25 hearing, a committee of the Texas

A
Supreme Court will seek a temporary injunc-
tion to prevent an Austin ex-convict and his two
companies from engaging in acts alleged to
constitute the unauthorized practice of law.
On May 12, the Unauthorized Practice of Law Com-
mittee filed suit in a Travis County district court against
Tony R. Davis, International Legal Services and ILS
Services Inc. Among other things, the UPLC alleges in
its original petition in The Unauthorized Practice of Law
Committee v. Davis, et al. that the defendants are “using
to believe they are dealing with a lawyer.”
As further alleged in the UPLC’s petition, the
defendants are giving legal advice to clients for a fee;
preparing pleadings for clients; advising clients of their
rights, duties and responsibilities with regard to the
law; and “engaging in the general practice of law for
‘clients’ for a fee.”
Davis, who is not represented by an attorney, says,
‘I never advised anyone I am practicing law.” A former
accountant, Davis says he has taken a legal secretary
legal research firm. “If they need a lawyer, we can refer
them to one,” he says.
When the UPLC filed its suit May 12, it requested
a temporary restraining order, which 98th District
Judge Rhonda Hurley granted the same day. The order
restrains the defendants from, among other things, giv-
ing advice to clients on legal matters, collecting fees, or
running advertisements and newsletters implying that
legal aid is available.
se e U PL C, p a g e 19

WHAT’S PLAYING
Small Class Size Most Large Firms Bring
In Fewer Texas Summer NOW ON THE
Associates for 2010
by JEANNE GRAHAM
DEAN’S IPOD?
he summer associate Editor’s note: Being a law school dean is a

T
class at Baker Botts in
Texas is smaller this
year than it was in 2009,
and summer associate
Rocio Mendoza says
that’s OK with her.
Mendoza is com-
ing back for a
second summer
at the Houston-based firm.
“Baker Botts has done a good
job about being conservative with
summer hiring and spelling out
what they are looking for,” says
Mendoza, a student at the Univer- See
sity of Texas School of Law. “We
are a total of 27 [students in Houston] this
year,” she says. “Obviously, no one has
a crystal ball about how things will end
up, but you feel a lot better as a student
coming in with that number than being
one of 80.”
Baker Botts has hired 51 summer
associates for its Texas offices, which is
37.8 percent fewer than the 82 summer
associates the firm brought in to Texas
Rocio Mendoza, summer offices during 2009. It has the second-
largest summer associate class among
JOHN EVERETT
prestigious, high-profile position involving
hard work and administrative savvy. But
deans do have lives outside the office. To
give readers a glimpse of the deans’ off-
duty lives, Texas Lawyer law editor Jacylyn
Gardner e-mailed Texas’ nine American Bar
Association-accredited law schools a
brief Q&A for the deans and interim
dean. Seven e-mailed responses are
below, edited for length and style.
Questionnaires for Dean John B.
Attanasio of Southern Methodist
University Dedman School of Law in
Dallas and Dean Lawrence Sager of
pages 20-29 the University of Texas School of Law
in Austin were not returned before
presstime on May 20.
Raymond T.
Nimmer
University of Houston
Law Center
Houston

associate with Baker Botts

and Vinson & Elkins
see M os t , p a g e 25 se e Wh a t ’s , p a g e 27

INSIDE >> This Week in Texas Lawyer History 3 Junior J.D. 33

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20 TEXAS LAWYER MAY 24, 2010

inside
Tips for Success

The 10 habits law

schools do not
SpecialReport
teach their students

but should.

Page 20

Flying Solo

What recent law

graduates should

consider if opening

a solo practice.

Page 23

Down to Business

What recent law grads

need to know about

accounting, finance,

marketing and management.

Page 24
TEN HABITS EVERY NEW LAWYER SHOULD LEARN
by ADRIENNE RANDLE BOND work more efficiently. If a new lawyer keeps track of
his time, he will be able to chart his own improving
hile law school teaches students

W
how to think through legal
issues, it is less ef fective at
teaching how to go about daily
life as a lawyer. Below are 10
habits law schools do not teach
but should. The sooner new
lawyers adopt these habits, the
better off they will be.
1. Keep track of time every
day. Practicing law is a ser vice business, where legal
ser vices constitute inventor y. If a lawyer does not
contemporaneously write down what she does, she
will forget the information quickly. Clients’ memories
of precise facts change, and lawyers’ do, too. Keeping
track of time ever y day will help produce a more
profitable career.
As a corollar y, during the first year of law
practice, do not worr y about how long it takes to
complete assignments. Seasoned attorneys know
new associates take longer to complete projects than
do veterans. As associates gain experience, they will
efficiency.
2. Check the top and bottom of each document
for the spelling of the client’s name. Clients may not
understand the intricacies of tax law or civil pro-
cedure, but they certainly know how to spell their
names. If a lawyer does not get that detail correct,
the client may begin to doubt the lawyer’s accuracy
more globally.
3. Check to see that documents include each page
they should. It is easy for a copier or scanner to miss
a page. Lawyers need to discover the absence before
sending the document to a client, an opponent or a
court.
4. Print out the final document and proofread back
to front. Lawyers miss more errors when reading a
document on a computer screen than they do after
printing it out. Proofread and spell check the final
document, then print it out. Then read it from end to
beginning. When going over a document from begin-
ning to end, the reader can skip obvious mistakes,
especially when she wrote the document. But starting
MAY 24, 2010
from the final sentence, moving backward and read-
ing each sentence in isolation renders the
document alien. It prevents expectations
from intruding on perception. Errors
become easier to notice.
5. Keep e-mail simple. E-mail is a
dangerous part of the legal business
because of its speed and informality. Do
not make any untoward remarks about
anyone in writing, and strive to keep
e-mail as simple as possible. If there is
a complicated issue to explain, resort to
the old fashioned memo to the file; do not
use the e-mail for those matters.
upon which the statutor y language will shed new
light.
9. CC the client. Keep the client informed. In my
early days as a lawyer, that meant mailing clients a
copy of correspondence. Now, it means copying them
on e-mail and making regular phone contact. This
does not mean a lawyer should rush to respond to
a client’s question before he knows the answer, but
it does mean he should keep clients abreast of the
traffic in their matters as promptly as possible.
10. Harness the power of pedagogy. Put sticky
notes that read “R TC,” “R TS” and “CC the Client”
on the computer monitor, along with “Think before
you click.” Visual reminders are great when tr ying
to establish new habits. Use them like flash cards.
Lawyers who are serious about establishing good
habits can take it a step further and repeat the words
out loud. This technique targets the three processing
styles for learning: kinesthetic (writing it down),
TEXAS LAWYER 21
visual (sticky notes) and auditor y (saying it out loud).
Help the brain create the desired habit.
The practice of law is a worthy career; master y
does not come quickly or easily. Creating good habits
from the beginning, however, will make a difference
in the short and long run. Good luck and, to quote
the famous Hill Street Blues saying, “Let’s be careful
out there.”
Adrienne Randle Bond is a
partner in Bond & Smyser in
Houston. She focuses on energy
and energy finance, including
complex corporate, partnership
and securities law, oil and
gas finance transactions and
mergers and acquisitions.

Read the statute.

Do not rely on memory.
Get out the actual
provision (it’s much
easier in these Internet
days) and read the
language in light of
the particular facts of
the client’s case.
6. Start a database of business contacts.
Even in these days of social networking,
lawyers need to keep such a record of
contacts. I am constantly amazed at how
the people in my original Rolodex keep
popping up. The “six degrees of separa-
tion” phenomenon, in which we are all
connected to one another by six or less
personal contacts, magnifies over time as
lawyers gain experience and build their
reputations. Work at maintaining contacts
and building a network.
7. RTC. Read the contract. This basic
yet indispensible rule applies to business
lawyers and litigators. If a client asks
what to do, first take out the agreement
out and look for the answer there. Most
of the time there is an applicable provi-
sion.
8. RTS. Read the statute. Do not rely
on memor y. Get out the actual provision
(it’s much easier in these Internet days)
and read the language in light of the
particular facts of the client’s case. Do
not shoot from the hip; go to the source.
Each fact pattern will provide a twist
22 TEXAS LAWYER MAY 24, 2010
MAY 24, 2010 TEXAS LAWYER 23

ADVICE FOR NEW GRADS THINKING OF OPENING A SOLO PRACTICE

by SCOTT K. FIELD solo must decide whether he needs dedicated what she wants to do but should not be afraid
office space or whether he can work from of trying something different for the experi-
have practiced in firms of all sizes, from 700-plus attor-

I
neys to four attorneys to one. The solo practice can be
particularly exciting and rewarding, albeit downright
terrifying at times. It is not a practice for those with a
low tolerance for stress or a weak constitution. And,
in my view, it is not the optimal form of practice for a recent
law-school graduate.
A solo practice is difficult even for a seasoned legal
veteran. No one else is responsible for bringing in business.
There is no safety net. There is also no one down the hall to
ask questions of or to provide ideas. Although I know lawyers
do it all the time, I personally cannot imagine starting my
career in that type of environment.
So, my first suggestion for recent law school graduates
considering going solo is: don’t. A recent graduate should
find a job somewhere where he can gain experience and
receive on-the-job training. By doing so, he will learn how
to practice law — something law school does not teach.
Experience matters. Recent graduates should try to get
some before going solo.
But in today’s legal marketplace, many graduates must start
out as a solo because jobs are scarce. If this is the case, do not
panic. A new law graduate can make it as a solo. Many have, and
many more will. With that in mind, a recent grad should keep
the following tips in mind if considering going solo.
1. Keep overhead low. Many law-school graduates have
in mind a picture of the ideal law firm: a receptionist to greet
potential clients, hardwood floors, the latest and greatest
technology available, law books on the shelves (if for nothing
more than decoration), and furniture that demonstrates to
clients that the lawyer has arrived. Wrong.
The ultimate priority of a new graduate opening a solo
firm is survival, especially through the first six months to a
year of work. The best way for a new solo to ensure failure
is to spend money on unneeded overhead. For example, the
home. With available technology, there is
not necessarily a need for a traditional office.
A virtual office can provide staff to answer
phones, an address for mail delivery and use
of a conference room. A new solo who must
have a traditional office should find an exist-
ing firm that offers a short sublease. Dealing
with most office buildings directly will only
lead to a long lease and unnecessary fees.
Likewise, a new solo does not necessarily need staff.
Staff members cost money. Wait until a revenue stream is
established or the workload is enough to justify staff. And,
when a solo does get to that point, he should examine options
such as part-time or contract help.
When adding to overhead, the new solo should ask one
question: Do I really need this for my practice? Unless the
answer is an unequivocal “yes,” then don’t do it.
2. Pound the pavement. Most solos coming right out of
law school are not going to have a built-in client base but will
depend almost exclusively on referrals from other lawyers.
Constructing a referral network is vital.
For this reason, the new solo attorney should attend bar
events, join networking groups and generally find any way to
increase visibility. She should also work hard to maintain all
existing contacts in the legal community and to make new
ones. She should take other lawyers to lunch, get to know
people and tell them about her practice. This practice has
the added benefit of helping avoid the isolation that often
comes with being solo.
3. Find a mentor. Every new lawyer should have a men-
tor. Find someone with experience who is willing to answer
questions and give advice. Good lawyers are happy to serve
in this role for new attorneys. Seek someone out and ask up
front if he is willing to help the practice get started.
4. Don’t be afraid to be generalist. A solo should decide
ence. By learning more than one area of the
law, the solo will build an experience base that
is attractive to clients who want to establish
a long-term relationship. Remember, repeat
business keeps the lights on.
5. Maintain a balance. One of the main
problems for solos is getting away from the
practice. At the beginning, a solo often feels
like he is working all the time; often, he is.
Do not work all the time. Work as regular a schedule as
possible. If there is no emergency to handle, stop at a set
time and get away from the law. Spend time with family or
friends. Read a book. Find a hobby. Exercise.
Do not spend every waking hour working on building the
practice. Long hours intended to boost a solo’s practice will
often actually hurt it in the long run as the attorney becomes
burned out. A solo must take care of himself. He is the only
lawyer in the firm, and the firm needs him.
Solo practice is truly rewarding. The sense of accom-
plishment can be extremely high and the partner meetings
extremely short. There is a benefit to both. A new law
graduate can succeed as a solo; it will just take hard work,
careful planning, and an iron stomach.
Scott K. Field is an Austin solo
who represents individuals and
entities in a wide variety of trial and
appellate matters. He earned a B.A.
in political science from Texas A&M
University, where he graduated
summa cum laude. He received
his law degree from the University
of Texas School of Law, where he
graduated with honors and was
named to the Order of the Coif.

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24 TEXAS LAWYER MAY 24, 2010

ACCOUNTING, FINANCE, MARKETING AND MANAGEMENT FOR RECENT GRADS

by MARK S. FARHA cally, multiple billing par ties with dif- commercial matters should learn the
ferent rates will need specialty billing basic precepts of business valua-
lack of formal business training may

A
software, whereas a solo may not. tion. It is not uncommon for a less
adversely impact recent legal gradu-
To maintain records of expenses sophisticated client who is buying or
ates’ practices in two ways. Lawyers
and revenues, it is impor tant for an selling a business to ask his lawyer
entering solo practices or small
attorney to consult with a CPA to to advise him of the appropriate sales
firms that must manage their own
determine items that may be deductible price. While giving a precise answer
practices will lack the knowledge
expenses for IRS purposes. A CPA will may be unadvisable, a lawyer should
base to do so ef fectively. Lawyers
often work with a bookkeeper who will at least be able to describe various
representing businesses will be less
maintain accounting records for the law methods of valuation, such as book
ef fective representing and develop-
practice, typically using QuickBooks. The attorney value, discounted cash flow analysis, comparables
ing clients. The information below is
may transmit monthly statements and receipts to and multiples of earnings per share. Again, CLE,
a quick introduction to what recent law graduates
the bookkeeper, who will maintain records. Another college courses, and various books and ar ticles can
should know about accounting, finance, marketing
alternative is for attorneys to purchase QuickBooks give attorneys a basic introduction to key concepts.
and management.
and maintain records themselves or through an For those willing to invest the time, a few hours in
of fice administrator. Again, billing clients accurately finance and accounting at any local college is ver y
and regularly while ensuring compliance with IRS valuable.
Business lawyers and litigators rules is the goal. • Marketing and management. To represent
A lawyer managing a solo practice or a small firm a business client ef fectively, a lawyer should
should consult a CPA to understand the advantages understand the client’s product or ser vices, how
who handle commercial of tax-deferred retirement accounts such as a SEP- the client markets those products or ser vices, and
IRA. how the clients manages the business. Indeed, it is
matters should learn the basic paramount that a lawyer takes the time to learn
the client’s business early in the engagement.
precepts of business valuation. Oftentimes, a chalkboard session with the client
to learn more about her company’s products or
ser vices is most beneficial.
Additionally, a lawyer should learn client
• Accounting and finance. Lawyers managing
development skills to ensure long-term success.
solo or small firm practices must develop pro-
For solo and small firm lawyers, developing a
cedures to account for client billing, collections
well-optimized website is impor tant; optimization
and expenses and to ensure their records will
means key word searches will bring the lawyer’s
withstand an Internal Revenue Ser vice audit.
website to the top of the lists resulting from
With regard to billing, attorneys may opt to
Internet searches. Television and other forms
simply keep track of hours, and bill clients manu-
of adver tising may also be ef fective primarily
ally, using a typical word processing program.
for lawyers that represent individuals in divorce,
However, there are other software solutions
bankruptcy, personal injur y and other matters
specifically for billing, such as Timeslips. Typi-
where the prospective clients are likely to turn
to adver tisements to locate a lawyer.
Many lawyers believe networking is the
cheapest and most ef fective form of “adver tis-
ing” because they prefer referrals as their
primar y source of business. The following are
Exclusively ONLINE If a lawyer works for a
firm that has its own inter-
sample activities that may ser ve this function:
attending local and state bar functions; ser ving on
nal procedures, these
local and state bar committees; drafting CLE ar ticles
inter nal management
and giving CLE presentations; becoming involved
principles are nonissues.
in civic organizations, such as local charities, the
However, if an attorney
chamber of commerce or other organizations; and
lacks tax and accounting
becoming involved in a local alumni association.
exper tise, that attorney
For lawyers working for firms with existing
must involve a CPA or
infrastructure, the management component will be
tax attor ney to make
largely preordained. However, small firm or solo
sure that transactions are
lawyers must address numerous practice manage-
handled in a manner that
ment issues such as hiring, super vising and possibly
is tax ef ficient.
terminating administrative staf f; setting up filing
A firm is no dif ferent
systems; and choosing and maintaining IT systems.
than its clients: Tax con-
The solo and small firm sections of the Texas and

LL.M. IN EMPLOYMENT LAW

siderations drive many
local bar associations provide resources, as does
decisions, such as choice
the State Bar of Texas’ website.
of entity and the manner
of structuring a transac-
tion. Business lawyers
Now enrolling for Fall 2010, Atlanta’s John Marshall Law School would benefit from tak-
announces an innovative, graduate-level program for busy ing CLE courses or night
practitioners seeking to develop or strengthen an employment classes at a local col-
law practice. Tailored to meet the needs of working attorneys, this lege that address basic Mark S. Farha is a Dallas
part-time program will offer: accounting and financial solo. He holds an M.B.A from
issues, to allow them Southern Methodist University
Distance Learning to identify issues they Cox School of Business and a J.D.
Small Cohorts should delegate to other from Vanderbilt University Law
professionals. School. He focuses on business
Interactive Coursework
Appraising the value law. His e-mail address is
Atlanta’s John Marshall Law School is fully accredited by the ABA. JMLS has applied to the ABA for of a business is an issue mark@business-lawyer.net.
acquiescence to offer the LL.M. in Employment Law.
that per vades many
business transactions.
www.johnmarshall.edu/LLM (404) 872-3593 Business lawyers and
litigators who handle
MAY 24, 2010 TEXAS LAWYER 25

MOST LARGE FIRMS BRING IN FEWER TEXAS SUMMER ASSOCIATES FOR 2010
c o n t i n u e d f r o m p a ge 1 Texas 100” chart published April 26 — 22 participated in Gump Strauss Hauer & Feld hired eight summer
Texas Lawyer’s Summer Associate Hiring Survey. Three associates in Texas, compared with 26 students last
the Lone Star State’s largest firms. of the largest firms declined to participate in the survey: year, for a class size decrease of 69.2 percent, the
“We’re definitely wanting to make sure we stay aligned Clark, Thomas & Winters; Gardere Wynne Sewell; and second highest percentage drop in class size among
with our needs,” says Cristina Rodriguez of Houston, hiring Thompson, Coe, Cousins & Irons. Brown McCarroll does the large firms.
partner for the firm, which has 470 lawyers in Texas and not have a 2010 summer associate class. The firm has not The summer associates were recruited during the
724 firmwide. had a summer associate class for several years, instead fall of 2009, at about the same time many Texas firms
Most of the state’s largest firms are staying aligned preferring to grow with lateral hires, says the firm’s chief were announcing plans to delay the start dates for their
with their business needs by bringing in fewer summer operating officer Julie Bagby. permanent first-year associates.
associates for 2010. In light of the economic upheaval of the past year, the “We didn’t think it was appropriate to overstock classes
Firms try to match the size of their summer associate results of the survey are not surprising: Nineteen of the in Texas in light of the fact that those we had given offers to
classes with expected short-term client needs. Most sum- 22 firms have smaller summer associate classes in Texas had yet to start due to the universally delayed starts among
mer associates have completed two years of law school for 2010 than the same firms had here in 2009. Overall, all law firms,” says Charles Gibbs, hiring partner for the
and were recruited by the firms in the early fall of 2009, the 22 firms have 433 summer associate slots in Texas, a firm’s Dallas office. The firm has 211 lawyers in Texas and
during the throes of the recession. The second-year sum- decrease of 34.2 percent from the 658 slots available at the 858 firmwide. [See “Ready, Set, Delay: Most BigTex Firms
mer associates represent the pool of young lawyers from same firms for summer 2009. Push Back Associates’ Start Dates,” Texas Lawyer, Oct. 19,
which the firms will hire their permanent associates for the Greenberg Traurig, which has offices in Austin, Dallas 2009, p.8.] “We thought it best to focus on assimilating
fall of 2011. The number of summer associates hired is an and Houston, has no summer associates in its Texas offices people we had commitments to.”
indicator of firms’ growth expectations. this year, compared to three for summer 2009. The size of Houston-based Bracewell & Giuliani’s
Of the 26 largest firms in the Lone Star State — as “We hired 13 associates in Texas over the past 12 summer class dropped the least. The firm hired 46 sum-
determined by Texas lawyer count and as listed on “The months,” writes Ralph Santos, regional operating sharehold- mer associates in Texas for 2010, down just 4.2 percent
er for the firm, in an e-mail from the 48 summer associates the firm hired in its Texas
message sent through a offices in 2009.
SUMMER ASSOCIATES’ LAW SCHOOLS firm spokesperson. “With
regard to summer associ-
However, firm hiring partner Michael Telle of Houston
Number of Summer points out that this year’s summer associate class includes
School ates, our program is nation- eight students who have finished their first year of law
Associates al in scope and summer school. When comparing last year’s class with this year’s,
Baylor University School of Law 10 associates are often utilized he looks at the 2Ls and notes that there are just 38 2Ls
Bringham Young University — across offices and practices, this year. That’s about 21 percent less than the 2L summer
2 no matter where they are
J. Reuben Clark Law School associate slots for 2009.
College of William & Mary School of Law 1 sitting,” Santos writes. “It
Telle says he talked with the firm’s section heads in
is very likely that summer
Columbia Law School 12 August 2009 to gauge their hiring needs over the next year
associates across the firm
or two.
Cornell University Law School 5 will participate in Texas
“We came up with a number based on that analysis,”
Duke University School of Law 17 work — again, in line with
he says. “The target number came in a little lower than the
client needs.”
Emory University School of Law 2
Dallas-based Akin c o n t i n u e d o n p a g e 26
Georgetown University Law Center 3
Harvard Law School 31
Louisiana State University Paul M. Hebert Law Center 4
New York University School of Law
Northwestern University School of Law
6
10
ST. MARY’S LAW JOURNAL
Pepperdine University School of Law 1
South Texas College of Law 6
Southern Methodist University Dedman School of Law 43
The ST. MARY’S LAW JOURNAL is among the
St. Mary’s University School of Law 2
Stanford Law School 4
top 10 most frequently cited law journals
Texas Southern University by courts in the United States.
1
Thurgood Marshall School of Law
Texas Tech University School of Law 6
Our success is based on a strong tradition of
Tulane Law School 4
publishing articles that are useful to practitioners
University of California Berkeley
3 in Texas and other states.
Boalt Hall School of Law
University of Chicago Law School 9
University of Houston Law Center 42 Let us know what topics you would like to read
University of Illinois College of Law 1
about in our upcoming volume by emailing us at:
University of Kansas School of Law 1
University of Michigan Law School 4 lawjournal@stmarytx.edu
University of North Carolina at Chapel Hill School of Law 2
University of Oklahoma College of Law 5
University of Pennsylvania Law School 8
University of Texas School of Law 138 St. Mary’s University School of Law
University of Virginia School of Law 15 ST. MARY’S LAW JOURNAL
Vanderbilt University Law School 16 One Camino Santa Maria
San Antonio, Texas 78228
Wake Forest University School of Law 4
Washington & Lee University School of Law 1 www.stmaryslawjournal.org
Washington University School of Law 5 Telephone: 210-436-3525
Yale Law School 9 Email: lawjournal@stmarytx.edu
Source: the firms: Data reflects summer associates at 22 of the 26 largest firms in the state. The firms are listed on “The Texas
100” poster published in Texas Lawyer on April 26, 2010. The data is for summer associates in the firms’ Texas offices only.
26 TEXAS LAWYER MAY 24, 2010

c o n t i n u e d f r o m p a ge 2 5

prior year.”
SUMMER ASSOCIATES AT LARGE TEXAS FIRMS
He says the second-year students were recruited in Weekly Weekly
early fall, while 1Ls were recruited in January of 2010. The No. of Summer No. of Summer
Firms Texas Texas
firm has 300 lawyers in Texas and 470 firmwide.
Associates 2010 (1L/2L) Associates 2009 (1L/2L)
Salary 2010 Salary 2009
Akin Gump Strauss Hauer & Feld 8 (0/8) 26 (1/25) $3,077 $3,077
Getting Bigger
Three of the large Texas firms participating in the Andrews Kurth 16 (0/16) 31 (3/28) $3,077 $3,077
survey — Fort Worth-based Kelly Hart & Hallman and Baker & McKenzie* 4 (0/4) 6 (0/6) $3,077 $3,077
Strasburger & Price and Winstead, both of Dallas — Baker Botts 51 (16/35) 82 (14/68) $3,077 $3,077
increased the number of 2010 summer associates hired
Bracewell & Giuliani 46 (8/38) 48 (1/47) $3,077 $3,077
when compared with 2009.
“We think it’s important to maintain the summer Cox Smith Matthews 8 (0/8) 15 (0/15) $2,300 $2,300
associate program and good relations with the various Fulbright & Jaworski 47 (13/34) 74 (20/54) $3,077 $3,077
schools where we interview students,” says Dee J. Kelly Greenberg Traurig* 0 (NA) 3 (0/3) NA **
Jr., managing partner of 130-lawyer Kelly Hart. For 2010
Haynes and Boone 41 (2/39) 60 (5/55) $3,077 $3,077
the firm hired eight summer associates in Texas, up 14.3
percent from the seven hired in 2009. Hunton & Williams* 2 (0/2) 5 (0/5) $3,080 $3,080
“We don’t have a set number we go in with [when Jackson Walker 18 (2/16) 24 (1/23) $2,788 $3,077
recruiting]; we try to bring in quality people,” Kelly says. Jones Day* 22 (4/18) 41 (4/37) $3,100 $3,100
At Strasburger & Price, the firm’s summer associate
K&L Gates* 4 (0/4) 8 (0/8) ** $3,080
class in Texas is 50 percent larger than it was last year, with
nine students versus six in 2009. Kelly Hart & Hallman 8 (0/8) 7 (0/7) $2,500 $2,500
“We went to a smaller recruiting class, targeted class, King & Spalding* 4 (0/4) 8 (2/6) ** $3,100
about three to four years ago,” says Scott Shanes of Frisco, Locke Lord Bissell & Liddell 28 (7/21) 37 (11/26) $3,076 $3,076
hiring partner for the firm, which has 181 lawyers in Texas
Patton Boggs* 4 (1/3) 10 (1/9) ** **
and 186 firmwide. He says in the fall of 2009 the firm saw
an uptick in its business litigation and specialty litigation Strasburger & Price 9 (0/9) 6 (0/6) $2,100 $2,100
areas, such as environmental matters. Thompson & Knight 15 (0/15) 22 (0/22) $3,080 $3,080
“Our class size is reflecting the needs of the firm,” he Vinson & Elkins 82 (21/61) 120 (11/109) $3,077 $3,077
says. “We expect to be able to extend offers to everyone,
Weil, Gotshal & Manges* 11 (4/7) 25 (3/22) $3,077 $3,077
if they perform as expected.”
Winstead, which had cancelled its 2009 summer associ- Winstead 5 (0/5) NA $2,500 NA
ate class, this year has five students. *Firm not based in Texas. **Firm did not disclose. NA: not applicable
Note: The largest 26 firms as listed on Texas Lawyer’s “The Texas 100” poster, published April 26, 2010, were invited to participate in the Summer Associate
“With the continued expansion of Winstead’s core
Hiring Survey. Three firms declined to participate: Clark, Thomas & Winters, Gardere Wynne Sewell and Thompson, Coe, Cousins & Irons. Brown McCarroll
practice areas, our projected hiring needs for 2011 include does not have a 2010 summer associate program. The chart includes only summer associates working in the firms’ Texas offices.
multiple entry-level associates in addition to those entry-level
associates hired by the firm in 2010,” writes Mike Alessio, shareholders and associates in 2009 and 2010, the working are students who graduate in 2011, so we’re looking almost
Dallas shareholder and a member of the 254-lawyer firm’s need for entry level associates has increased,” he writes. three years ahead.”
executive committee, in an e-mail sent through a firm spokes- With 82 students, Houston-based Vinson & Elkins
woman. “While the firm has been very active in lateral hiring has the largest summer class among the firms participat- The Right Fit
ing in the survey. But it’s Jose Ancer, a Harvard Law School student who has
still down 32 percent from completed his second year, is starting a six-week summer
WOMEN AND MINORITY SUMMER ASSOCIATES 120 students in 2009.
The decision about the
position with Vinson & Elkins in Houston on May 24. Then
he will be working with Andrews Kurth in Austin.
% Women Summer % Minority Summer smaller class size was made “Right now, the only thing that is definitely solid is that
Firm
Associates 2010/2009 Associates 2010/2009 in August 2009, when the I’m not doing litigation,” he says.
Akin Gump Strauss Hauer & Feld 63/38 25/31 firm began interviewing Ancer is interested in transactions and says he’ll be com-
Andrews Kurth 44/45 19/23 summer recruits on law paring the sophisticated transactions work for clients such
school campuses, says Tom as oil services companies in Houston with a smaller market
Baker & McKenzie* 75/67 0/17
Leatherbury of Houston, in Austin of venture capital and technology companies
Baker Botts 53/55 31/37 hiring partner for the firm, “Both are corporate work and very different ball games,”
Bracewell & Giuliani 48/40 13/21 which has 529 lawyers in he says. “I’m trying to figure out which one I fit in.”
Cox Smith Matthews 63/40 0/6 Texas and 748 firmwide. Ancer was also a summer associate with V&E in
“I think we could have Houston last year. He says he likes the fact that the Texas
Fulbright & Jaworski 47/47 26/31 legal market allows students to split summers and spend
hired more this summer,”
Greenberg Traurig* NA/100 NA/67 he says. “Our firmwide time with more than one firm.
Haynes and Boone 46/52 29/25 number of 2L summer “The two firms I chose have good reputations for offer
associates is 73, and this rates,” he says. “If I only got a job offer from one, I would
Hunton & Williams* 0/80 0/0
fall [2010] we are adding 66 be ecstatic.”
Jackson Walker 33/63 33/33 Mendoza says her goal during the next several weeks at
new lawyers. So I think we’ll
Jones Day* 68/37 59/27 be in a position to make a Baker Botts is to decide which area of transactional law to
K&L Gates* 50/25 0/13 lot of summer associates pursue. She began her four-week Baker Botts stint on May
offers. It gives us the abil- 17 and will be working at V&E’s Houston office beginning
Kelly Hart & Hallman 25/43 13/43
ity to hire about the same June 21. Mendoza says that, while a 2009 summer associate
King & Spalding* 100/63 0/25 with Baker Botts, she worked on litigation and transactions
number of lawyers.”
Locke Lord Bissell & Liddell 46/35 25/24 Of the 82 students, 21 projects. This year at Baker Botts she wants to find a fit in the
Patton Boggs* 75/50 50/30 have just finished their first transactions practices of the firm’s global projects section,
year of law school, which which includes oil and gas, project development and finance,
Strasburger & Price 89/67 22/0 real estate and energy regulatory work, she says.
is about twice as many 1Ls
Thompson & Knight 53/55 **/5 “This year I identified global projects as my preference
the firm hired as summer
Vinson & Elkins 45/36 30/28 associates in 2009. area,” she says. “This year I’m trying to figure out where
“We always finalize our in global projects I will fit.”
Weil, Gotshal & Manges* 36/56 73/48
numbers of first-years after She hopes to receive an offer for a job in Houston. “I
Winstead 60/NA 40/NA love Houston; it’s my hometown,” she says.
we’re through with 2L hir-
*Firm not based in Texas. **Information not available. NA: not applicable
Note: The largest 26 firms as listed on Texas Lawyer’s “The Texas 100” poster, published April 26, 2010, were ing in the fall,” he says.
invited to participate in the Summer Associate Hiring Survey. Three firms declined to participate: Clark, Thomas A smaller 2L class means Jeanne Graham’s e-mail address is
& Winters, Gardere Wynne Sewell and Thompson, Coe, Cousins & Irons. Brown McCarroll does not have a 2010 there is more room for 1L jgraham@alm.com. She is on Twitter
summer associate program. The chart includes only summer associates working in the firms’ Texas offices. students, he says. “These at www.twitter.com/jeannegraham
MAY 24, 2010
WHAT’S PLAYING NOW ON THE DEAN’S IPOD?
c o n t i n u e d f r o m p a ge 1
Texas Lawyer: Do you have an iPod, and what
are your five favorite songs on it?
Dean Raymond T. Nimmer: I have an iPod,
loaded not with songs but with material from
PBS.
TL: What is the last movie you saw?
Nimmer: “Up in the Air.” The George Clooney character
is me, from the perspective of constant travel.
TL: What is your favorite Texas vacation spot?
Nimmer: The [Hyatt Regency Hill Country Resort and
Raymond T. Nimmer
Spa] is a good property with nice water.
TL: Which fictional lawyer would you most like to
meet?
Nimmer: Clarence Darrow is almost mythical, so he
qualifies. He stood up for his beliefs.
TL: What television program do you make sure your
DVR is scheduled to record?
Nimmer: I do have a DVR, but it is currently not work-
ing. Who has time for television?
TL: What are you reading for fun?
Nimmer: Anything by Jeffery Deaver. His Lincoln
Rhyme character is a Sherlock Holmes throwback.
TL: What law school course was the hardest for you?
Nimmer: None of them posed any problems.
TL: If you weren’t a lawyer, what would you do?
Nimmer: I would paint. At our annual auction and gala,
one of my works went for $400 — now, if I could only
add a few more zeroes to my prices.
TL: What is the funniest thing you have heard a student
at your school say?
Nimmer: “I think law school is easy.”
TEXAS LAWYER 27
TL: What do you remember most
from your first day as dean?
Nimmer: My initial reception with
our faculty when my appointment
was announced. It was as though
someone put oil on rough waters
— but, given the tragedy in the Gulf,
perhaps that’s the wrong metaphor
to use. We were transformed from
a place at war with itself into one in which we all seem to
get along and share common goals.
TL: What is the most unusual item in your office?
Nimmer: A bronze sculpture of a woman riding a horse.
It’s very heavy, and I think it was priced by the ounce.
TL: In a movie about your life, which celebrity would
play you?
Nimmer: Paul Newman. But wait — he’s no longer with
us. That can’t be a good sign.
Donald J. Guter
TL: What would the title of the movie be?
Nimmer: “Pursuit of Excellence.” But the book would Guter: The incredible professional courtesy from my
be better. predecessor, James Alfini, and the attentiveness of my
senior executive assistant, Jennifer Hudson.
TL: What is the most unusual item in your office?
Donald J. Guter Guter: A U.S. Marine Corps bayonet, a retirement gift
South Texas College of Law from the Navy.
Houston
TL: In a movie about your life, which celebrity would
play you?
Texas Lawyer: Do you have an iPod, and what are your Guter: Robert De Niro.
five favorite songs on it?
TL: What would the title of the movie be?
Dean Donald J. Guter: No.
Guter: “I Won’t Back Down.”
TL: What is the last movie you saw?
Guter: “Crimes and Misdemeanors.”
Frederic White
TL: What is your favorite Texas vacation spot? Texas Wesleyan University
School of Law
Guter: My office.
Fort Worth
TL: Which fictional lawyer would you most like to
meet?
Texas Lawyer: Do you have an iPod, and what are your
Guter: James Spader’s character, Alan [Shore], on five favorite songs on it?
“Boston Legal.”
Dean Frederic White: “My Favorite Things,” John Col-
TL: What television program do you make sure your trane. “Time to Say Goodbye,” Andrea Bocelli and Sarah
DVR is scheduled to record? Brightman. “My Girl,” The Temptations. “Just Dream,”
Lalah Hathaway. “The Rite of Spring,” Igor Stravinsky.
Guter: Only because of my wife, Pat, we can’t miss “The
Good Wife.” TL: What is the last movie you saw?
TL: What are you reading for fun? White: “Avatar.”
Guter: Faculty scholarship. TL: What is your favorite Texas vacation spot?
TL: What law school course was the hardest for you? White: I’m not sure.
Guter: Estates and trusts. TL: Which fictional lawyer would you most like to meet?
TL: If you weren’t a lawyer, what would you do? White: Atticus Finch.
Guter: Investigative journalist. TL: What television program do you make sure your
DVR is scheduled to record?
TL: What do you remember most from your first day
as dean? c o n t i n u e d o n p a g e 28
28 TEXAS LAWYER
c o n t i n u e d f r o m p a ge 2 7
White: None.
TL: What are you reading for fun?
Frederic White
White: The Wall Street Journal.
TL: What law school course was the hardest for
you?
White: Property (which is why I teach it. ☺).
TL: If you weren’t a lawyer, what would you do?
White: I would be a fiction writer or a news reporter.
TL: What is the funniest thing you have heard a student
at your school say?
White: “I don’t like being called on.”
TL: What do you remember most from your first day
as dean?
White: How everyone was trying to figure me out.
TL: What is the most unusual item in your office?
White: A carpenter’s level. It represents how I try to
approach problems.
TL: In a movie about your life, which celebrity would
play you?
White: I can’t imagine having a movie made about
my life.
TL: What would the title of the movie be?
White: “Try Harder.”
Bradley J.B. Toben
Baylor University School of Law
Waco
Texas Lawyer: Do you have an iPod, and what are your
five favorite songs on it?
Dean Bradley J.B. Toben: Yes, I have an iPod. Only
MAY 24, 2010
five?! I don’t like picking just five, but if I have to: TL: What do you remember most from your first day
“Imagine,” John Lennon; “Teach Your Children,” Crosby, as dean?
Stills, Nash & Young; “Count on Me,” Jefferson Airplane;
“(I’d Choose) You Again,” The Forrester Sisters; “What Toben: My predecessor, Judge Charles Barrow (I loved
a Wonderful World,” Louis Armstrong. him!) was moving out of town that day in 1991. He came
in with several piles of documents from his files, put
TL: What is the last movie you saw? them on the desk in front of me, said “Just don’t screw
it up” and walked out. Vintage Judge Barrow!
Toben: “A Serious Man,” by the Coen brothers — great
black humor and Coen brothers’ weirdness. TL: What is the most unusual item in your office?
TL: What is your favorite Texas vacation spot? Toben: A sculpture of an adult hand reaching down to
grasp a child’s hand. My wife has prosecuted child sexual
Toben: While we’ve been about everywhere in Texas, abuse cases for over 20 years. When I see the sculpture,
I confess that we vacation every year on St. George, a I think of Beth.
TL: In a movie about your life, which celebrity would
play you?
Toben: Simple answer: A screenplay about me would
never make it to production.
TL: What would the title of the movie be?
Toben: Do they give titles to screenplays that a producer
uses as bookends?
Charles E. Cantú
St. Mary’s University School of Law
San Antonio
Texas Lawyer: Do you have an iPod, and what are your
five favorite songs on it?
Bradley J.B. Toben
barrier island off the Florida coast. Up until a few years
ago, there was no cell phone reception on the island.
When on vacation, that’s nice.
TL: Which fictional lawyer would you most like to meet?
Toben: Hey, wouldn’t every lawyer like to meet Atticus
Finch?
TL: What television program do you make sure your
DVR is scheduled to record?
Toben: “NCIS”; our 14 year old daughter is crazy about
this show. My wife, Beth, and I watch it with her to make
it a family experience.
TL: What are you reading for fun?
Toben: I just finished “True Compass: A Memoir,”
Ted Kennedy’s autobiography; very good. I like to
read biography, history, science and theology. I also Charles E. Cantú
like fiction if someone I trust can guarantee me that
it’s going to be good (I’ve been disappointed too often
by fiction). Dean Charles E. Cantú: What’s an iPod? (jokes the
man with an iPhone).
TL: What law school course was the hardest for you?
TL: What is the last movie you saw?
Toben: I never enjoyed income tax. Anyway, I use
TurboTax now, so who cares? Just kidding! Cantú: I just watched Sherlock Holmes on demand last
weekend.
TL: If you weren’t a lawyer, what would you do?
TL: What is your favorite Texas vacation spot?
Toben: Hands down, a veterinarian. I love animals.
Cantú: The Texas coast.
TL: What is the funniest thing you have heard a student
at your school say? TL: Which fictional lawyer would you most like to
meet?
Toben: “I’m going home to wash my mouth out with
soap. That would be more fun than that final.” Cantú: Portia Blake [Manning].
MAY 24, 2010
TL: What television program do you make sure your
DVR is scheduled to record?
Cantú: What’s a DVR?
TL: What are you reading for fun?
Cantú: “The Help” by Kathryn Stockett. Every now and
then I like to read a best seller to read what America is
reading. It is very well written for a first novel.
TL: What law school course was the hardest for you?
Cantú: Procedure.
TL: If you weren’t a lawyer, what would you do?
Cantú: I think I’d be a psychiatrist; I like delving into
people’s problems.
TL: What do you remember most from your first day
as dean?
Cantú: Parking in the reserved slot for the dean!
TL: What is the most unusual item in your office?
Cantú: I have an old kerosene lamp that was my grand-
mother’s. My grandfather would light it, and the kids
(including my mother) would all sit at the table, and he’d
help them with their homework. I’ve since had it electri-
fied and keep it on my desk. It’s at least 100 years old.
Dannye R. Holley
Texas Southern University
Thurgood Marshall School of Law
Houston
Texas Lawyer: Do you have an iPod, and what are your
five favorite songs on it?
Interim Dean Dannye R. Holley: Yes, John Coltrane
songs.
TL: What is the last movie you saw?
Holley: “It’s Complicated” with Meryl Streep and Alec
Baldwin.
TL: What is your favorite Texas vacation spot?
Holley: Aransas Pass.
TL: Which fictional lawyer would you most like to meet?
Holley: Ron Carver on “Law and Order,” played by
Courtney Vance.
TL: What television program do you make sure your
DVR is scheduled to record?
Holley: None.
TL: What are you reading for fun?
Holley: Newspapers.
TL: What law school course was the hardest for you?
Holley: Tax.
TL: If you weren’t a lawyer, what would you do?
Holley: I would become a psychologist.
TL: What is the funniest thing you have heard a student
Dannye R. Holley
at your school say?
Holley: Listened to a magna cum laude student explain
why she wanted to petition a grade change before the
grades were posted.
TL: What do you remember most from your first day
as dean?
Holley: Trying to figure out how to shift materials
(reports, files, etc.) from my faculty office to move them
to the dean’s office.
TL: What is the most unusual item in your office?
Holley: Shredded money from the U.S. treasury in a
small glass container.
TL: In a movie about your life, which celebrity would
play you?
Holley: James Earl Jones.
TL: What would the title of the movie be?
Holley: “Running out the door.”
Walter Huffman
Texas Tech University
School of Law
Lubbock
Texas Lawyer: Do you have an iPod, and what are your
five favorite songs on it?
Dean Walter Huffman: I do have an iPod with over 800
favorites on it. Here are five favorite Texas artist songs:
“Travelin’ Soldier,” Bruce Robison; “Wave on Wave,” Pat
Green; “LA Freeway,” Guy Clark; “Now It’s Now Again,”
The Flatlanders; and, of course, “Not Fade Away,” Buddy
Holly and The Crickets.
TL: What is the last movie you saw?
Huffman: “The Blind Side.”
TL: What is your favorite Texas vacation spot?
Huffman: McKinney, where our grandkids are.
TL: Which fictional lawyer would you most like to meet?
TEXAS LAWYER 29
Walter Huffman
Huffman: Any of John Grisham’s heroes.
TL: What television program do you make sure your
DVR is scheduled to record?
Huffman: “24.”
TL: What are you reading for fun?
Huffman: The biography of John Marshall.
TL: What law school course was the hardest for you?
Huffman: Commercial Law – UCC.
TL: If you weren’t a lawyer, what would you do?
Huffman: Coach and teach at some level.
TL: What is the funniest thing you have heard a student
at your school say?
Huffman: Unfortunately, the funniest I can think of are
not appropriate for publication.
TL: What do you remember most from your first day
as dean?
Huffman: Walking into the same dean’s office I had
successfully avoided for three years as a student.
TL: What is the most unusual item in your office?
Huffman: My collection of military commander’s
coins.
TL: In a movie about your life, which celebrity would
play you?
Huffman: I think Hal Holbrook would make a fine
“deanly” character.
TL: What would the title of the movie be?
Huffman: “Onward, Ever Upward!”
Jacylyn Gardner’s e-mail address is
jgardner@alm.com. She is on Twitter
at www.twitter.com/jacylyngardner.