State Bar of Texas Podcast

In honor of Mental Health Awareness Month, we're revisiting this powerful conversation about how Texas courts are addressing mental health challenges through reform and rehabilitation.  Should our criminal courts exist to punish or reform those who have broken the law? Rocky Dhir talks with Judge Brent Carr about his years of service in the Tarrant County Mental Health Court and the broader efforts across Texas to support people with mental illness in the justice system. They explore programs tackling issues from sex trafficking to drug offenses, veterans' cases, and more.

The skies above us have a legal framework all their own, but many attorneys have limited knowledge of this expansive area of the law. Can your neighbor fly his drone into your yard? What's the difference in legal responsibilities between private aviators and commercial airlines? How is AI impacting flight and flight training? Rocky Dhir welcomes Kent Krause to discuss the basics of aviation law and dig into its evolving issues and changes. Later, 2025 began with a succession of tragic and unsettling airline incidents. Should we be concerned about this disproportionately large number of accidents in air travel? Rocky and Kent discuss the details of these events and examine the laws, safety frameworks, and failures that came into play. Kent Krause is a partner at Craddock Davis & Krause, LLP, in Dallas, TX. 

We can probably all think of a moment (or many) when we struggled with natural, constructive communication with those around us. But, how do we learn from those difficult and/or awkward moments and successfully convey our views? Rocky Dhir talks with Jefferson Fisher about his tips for becoming a more effective verbal communicator. Jefferson shares advice for legal professionals to help them foster authentic relationships with both peers and clients. Later, they discuss communication techniques for handling yourself well in the midst of arguments or other stressful situations.   Jefferson Fisher is a Texas board certified trial lawyer, author, keynote speaker, and argument expert. You may pre-order Jefferson's new book: The Next Conversation here.

Familiarize yourself with the most common errors that can jeopardize an appeal. In this special rebroadcast, Rocky Dhir sits down with Elaina Einhorn and Melissa Lorber, authors of the article Help Us Help You: Top 10 Appellate Mistakes in the Trial Courts. Elaina and Melissa offer a breakdown of the article and provide insight on their top tips for success in trial court.   Elana Einhorn practices appellate law at Butler Snow. She is an adjunct professor at the University of Texas School of Law and a former Supreme Court of Texas staff attorney.   Melissa Lorber practices appellate law at Butler Snow. She is board certified in civil appellate law and represents businesses in both trial and appellate litigation across state and federal courts.

Texas can be proud to say that it was the first state to have an all-woman high court in the United States, but how exactly did this moment in history come about? Rocky Dhir welcomes Judge Jennifer Walker Elrod and Sharon Sandle to learn about this period in Texas history and the surprising series of events that led to the appointment of female judges. They go into detail about the challenges faced by these legal trailblazers—Nellie Robertson of Granbury, Edith Wilmans of Dallas, and Hortense Sparks Ward of Houston—and also discuss notable women's issues of the era and highlight several other female legal pioneers.   Judge Jennifer Walker Elrod is Chief Judge of the United States Court of Appeals for the Fifth Circuit with Chambers in Houston, Texas.   Sharon Sandle is Executive Director of the Texas Supreme Court Historical Society and Director of the Law Practice Resources Division at the State Bar of Texas.

Chief Justice Nathan L. Hecht is the longest serving member in the history of the Supreme Court of Texas and the longest tenured Texas judge in active service. As he nears his well-deserved retirement, Rocky Dhir welcomes Chief Justice Hecht to the podcast to learn about his many years in service to the Texas legal system. They discuss his career path, the behind-the-scenes work judges do within courts, his efforts to improve access to justice, his advice for lawyers, and much more.  Nathan L. Hecht is the 27th Chief Justice of the Supreme Court of Texas. He has been elected to the Court seven times, first in 1988 as a Justice and then in 2014 and 2020 as Chief Justice.

In the wake of the incredible harm caused by the opioid crisis, the outcome of the Purdue Pharma case argued in the United States Supreme Court garnered national attention. What impacts might this case have in bankruptcy court proceedings in the future? To unpack the details and gain understanding of the bankruptcy issues at play, Rocky Dhir talks with attorneys Elias Yazbeck and Michael Wombacher. They discuss the backstory of Purdue Pharma and the Sackler family, the journey of the case through the courts, and insights into the reasoning behind the Supreme Court's decision, with a particular focus on the conflict over nonconsensual third-party releases.   Learn more about the case here: 23-124 Harrington v. Purdue Pharma L.P. (06/27/24)   Elias M. Yazbeck is an associate attorney in the Houston office of McGinnis Lochridge, LLP.   Michael Wombacher is an associate attorney at McDermott Will & Emery in Dallas, Texas.   Michael represented the Committee of Unsecured Creditors in the Robertshaw case:  Case number: 8:23-bk-80004 - Ebix, Inc. - Texas Northern Bankruptcy Court.

At the 2024 State Bar of Texas Annual Meeting, Scott C. Skelton's session on the ethical handling of mistakes in legal practice was immensely helpful to attendees. Rocky Dhir welcomes Scott to the podcast to discuss his session and get more details on this important topic. If you think you've committed malpractice, what should you do? Scott shares experiences from his own career and explains how honesty, transparency, and graciousness in legal practice can help attorneys move forward from mistakes with integrity.   Scott C. Skelton is a founding member of Skelton Slusher Barnhill Watkins Wells.

There is no way to truly prepare a client for life following a criminal conviction, and the aftermath of a defendant's guilty verdict can be incredibly complex. Rocky Dhir welcomes Professor Lee Kovarsky to learn from his wealth of expertise on post-conviction law, mitigation investigations, capital defense teams, and more. They discuss nuances in this area of the law to help attorneys understand processes and needs for clients navigating this segment of our justice system. Lee Kovarsky is the Bryant Smith Chair in Law and the Co-Director of the Capital Punishment Center at the University of Texas School of Law.

Lawyers long considered the legendary Clarence Darrow to be an attorney to emulate, but closer examination of his career shows a condemnable pattern of unethical tactics and empty courtroom arguments. To debunk the popular culture myths surrounding Darrow, Rocky Dhir welcomes author and attorney Mike Farris to discuss the facts in his book, Blowhard: Windbaggery and the Wretched Ethics of Clarence Darrow. Mike shares details from his research that uncover evidence of jury bribing, intimidating witnesses, and other unprincipled conduct throughout Darrow's career in a time where ethics rules failed to hold him accountable.   Mike Farris is a writer and retired entertainment attorney in Dallas, Texas.

Many segments of the legal profession operate as adversarial systems at their core, with colleagues becoming combatants as they fight for their clients and handle difficult situations day in and day out. Not every practice area has this same intensity, but the ongoing stresses of legal work can detract from an attorney's wellbeing in any area of the law. The profession is committed to continuing to destigmatize mental health and substance abuse struggles to support lawyers in need. Rocky Dhir welcomes Michelle Fontenot to talk about the many resources available to legal professionals through the Texas Lawyers' Assistance Program. If you, a friend, or a loved one is in need of help, contact TLAP or explore its many resources at www.tlaphelps.org.  Michelle Fontenot is Director of the Texas Lawyers' Assistance Program. 

Rocky Dhir welcomes Judge Irma Carrillo Ramirez to discuss highlights from her keynote address and her passion for improving representation within the legal world. Rocky gets the details on Judge Ramirez's landmark “firsts” as a Latina with a notably successful legal career. She talks about her childhood as a daughter of immigrants, her journey as a lawyer, and her nomination and confirmation as a judge of the U.S. Court of Appeals. 

What can we learn about law from a sci-fi TV show? Rocky Dhir welcomes Leela Madan, Hope Shimabuku, and Catherine Rifai to talk about Netflix's “Black Mirror” and the potential ethical implications of AI-fueled technology in the real world. Many now question how the rapid developments of AI tech should be regulated and held accountable. The group explores ethical rules and existing laws that could apply to different scenarios—both real and imagined.

Should rap lyrics as evidence be allowed in criminal prosecutions? Rocky Dhir talks with Chad Baruch about his session titled, “Hip Hop on Trial: Texas Courts Confront the Use of Rap Lyrics in Criminal Prosecutions” for the Appellate and Civil Liberties & Civil Rights Sections. Rocky and Chad discuss the intersection of art and the law, highlight several cases involving the use of song lyrics or videos, and discuss trial tactics for attorneys working on a case involving rap music.

Incoming Bar President Steve Benesh and TYLA President Hisham Masri join Rocky Dhir to discuss their leadership priorities and plans for the coming year. Steve shares his interest in standardizing court filings, supporting and working with TLAP to initiate a Docket Assistance Program, continuing former President Tisdale's initiatives regarding artificial intelligence, and improving the State Bar website. Later, Hisham shares what's in store for TYLA, including efforts for community engagement, encouraging upcoming generations of lawyers, and more!

Civility is one of the cornerstones of the practice of law, ensuring an efficient justice system and improving the lives of both legal professionals and clients. Rocky Dhir welcomes David Grenardo to hear highlights from his keynote address on the landscape of civility in law. David discusses the benefits of civility rules in encouraging restraint and cooperation, as well as debunking myths surrounding mandatory civility rules in place in several states throughout the country.

Data shows that jury trials are declining rapidly, but what is causing this tendency? Rocky Dhir hosts Judge Mark Drummond to learn more about the factors involved in this decrease and what it may indicate about our legal system. Rocky and Judge Drummond discuss the history of civil juries, current trends, and developing innovations. Learn more about the work of the Civil Jury Project here: civiljuryproject.law.nyu.edu.

The 1954 case Hernandez v. Texas was the first and only Mexican-American civil rights case heard and decided by the United States Supreme Court. In 1951, a criminal case that arose from a bar fight and murder exposed a larger, widespread problem: the systematic exclusion of Mexican-American jurors from service. Rocky Dhir talks with Justice Gina Benavides, Chief Justice Dori Contreras, and Chris Pineda about how this case led to a landmark civil rights decision that gave all nationalities equal protection under the 14th Amendment of the Constitution. Learn more: texashispanicissuessection.com

Emotions can run high in family law cases, but creating realistic expectations can help your client effectively navigate the ups and downs of their legal issue. Rocky Dhir welcomes Britney Harrison to discuss her session on client relationships at the Annual Meeting. Britney explains her processes with clients and offers insights for dealing with common assumptions and ensuring ethical practices in this very nuanced area of the law.

Currently, all sports betting in Texas is illegal, despite the fact that many people believe there is a gray area around app-based betting. In reality, Texas does not yet allow for sports betting, but potential legislation might legalize this type of gambling and change the state's approach to this issue. Rocky Dhir talks with presenters Kevin Vela and Blake Hart to learn more about what regulations currently exist and what may change in the near future.

Both the governor and legislature of Texas have hoped to drive more business to Texas, but previously, businesses have expressed concerns over the potential for difficulties in navigating courts across Texas's 254 counties. Now, a centralized system of business courts will open September 1, 2024, to serve businesses in the most populous areas of the state. Judge Emily Miskel and Marcy Hogan Greer talk with Rocky Dhir in detail about how these courts will operate and what businesses and attorneys should expect. Judge Emily Miskel has served as judge of the 470th district court of Collin County, Texas, since the court was created in 2015. Marcy Hogan Greer is the managing partner of Alexander Dubose & Jefferson LLP, a nationally recognized appellate boutique firm.

Camille Vasquez joins Rocky Dhir to talk about her path to becoming a lawyer and what led to her involvement in the highly publicized defamation trial between Johnny Depp and Amber Heard. Camille offers insights into her experiences during the Depp v. Heard case and highlights the importance of crafting a powerful story during cross-examination to help bring justice for your clients at trial.

Lawyers have been getting into ethical hot water over both the use and misuse of AI, failing in their duties of competence, diligence, and more, so where do we go from here? Rocky Dhir talks with Justice John Browning and Judge Roy Ferguson to learn the latest guidance on AI issues and to remind lawyers of their ethical obligations. They discuss AI's revolutionary impacts in the legal profession and what to expect as it continues to evolve.  Justice John G. Browning has been a litigator in Texas and Oklahoma for over 35 years, including as a partner in several national law firms. Judge Roy Ferguson (2013-present) presides over a five-county court of general jurisdiction covering roughly 20,000 square miles and over 20% of the U.S.-Mexico border.

Who says the best things in life aren't free?! The State Bar of Texas partnered up with Smokeball to offer a free trust accounting and billing software platform called Smokeball Bill. If you're a Texas lawyer, this perk is available to you at no additional charge because of your state bar membership. Tune into this episode to learn more about what it does and how to access it.

The State Bar of Texas Annual Meeting is just around the corner, happening June 20-21 in Dallas! With this meeting comes a change of leadership for the Bar, but great progress has been made in the past year under current president Cindy Tisdale's guidance. Rocky Dhir talks with Cindy about her year as president, discussing her dedication to lawyer mental health initiatives (including a new member benefit with BetterHelp), the Bar's Taskforce for Responsible AI in the Law (TRAIL), and progress made toward improving the process for lawyer vacation letters in Texas. Later, Rocky shifts gears to talk with Trey Apffel about what to expect from Annual Meeting 2024's diverse programming schedule and networking opportunities. Learn more about events, speakers, registration, and more on the State Bar of Texas website. Cindy Tisdale is President of the State Bar of Texas and an attorney in Granbury, Texas, where she dedicates her practice to family law. E.A. “Trey” Apffel III is Executive Director of the State Bar of Texas.

Should our criminal courts exist to punish or reform those who have broken the law? Every case is unique, but in those involving mental health, a rehabilitative approach may be beneficial. Rocky Dhir talks with Judge Brent Carr about his long years of service in the Tarrant County Mental Health Court, which had the overarching goal of improving outcomes for people with mental illness impacted by Texas' justice system. They discuss the efforts of the Texas Judicial Commission on Mental Health, the Specialty Courts Advisory Counsel, and the programs that address mental health issues in many areas of the law, including cases involving sex trafficking, drug offenders, family law matters, veterans, and more.

The State Bar of Texas Board of Directors approved the nominations of Denise Scofield, of Houston, and Santos Vargas, of San Antonio, as president-elect candidates at its meeting on September 30, 2023. Texas lawyers will vote for the president-elect and district directors from April 1 to April 30. The winner will serve as president-elect from June 2024 to June 2025 and as president from June 2025 to June 2026. For more information, go to texasbar.com/elections.  [The content for this episode was recorded as a live webcast video on March 26, 2024, at the Texas Law Center in Austin, TX.]

Since its inception in 2017, the Committee on Disciplinary Rules and Referenda has been charged with the examination of Texas Disciplinary Rules of Professional Conduct and Rules of Disciplinary Procedure to determine rule adequacy and necessary changes. After extensive evaluation of existing rules, the committee proposed 12 new rules between 2021 and 2023 which Texas attorneys will now have the opportunity to vote on from April 1-30, 2024.  Rocky Dhir talks with committee members Lewis Kinard (Chair), Judge Phyllis Martinez Gonzalez, and Scott Brumley, and former member Claude Ducloux about the proposed rules to help Texas legal professionals gain a better understanding of the purpose and implications of the suggested changes. For more information, including links to background information on each rule proposal, go to texasbar.com/rulesvote.

The Texas legislature recently enacted the Texas Data Privacy and Security Act, which goes into effect on July 1, 2024. Lawyers have an urgent need to understand this new legislation and its coming impacts on their practice and clients. Rocky Dhir talks with Shawn Tuma, a widely recognized expert in cybersecurity and data privacy law, to help Texas attorneys understand the elements of this act and best practices in security for compliance with new regulations.  Shawn Tuma is a partner at Spencer Fane LLP in Cyber Risk Management, Cyber Incident Response, and Cyber Security, Hacking and Data Breach Litigation.

AI has been around for a very long time, but 2023 was its renaissance, with ChatGPT and other AI technologies suddenly speeding forward with exponential growth. Attorneys and paralegals should be focused on learning and adapting to this quickly evolving technology to ensure competence in a world where AI is taking greater precedence. Rocky Dhir talks with paralegal Megan Goor-Peters and attorney Joshua Weaver about responsible AI use and its current impacts in legal practice. They address common concerns and discuss the hopeful merging of human and AI elements for greater efficiency and success in the future of our justice system.    Megan Goor-Peters is a senior paralegal and property manager at Brender Law Firm in Fort Worth. Goor-Peters is the current State Bar of Texas Paralegal Division liaison to the Texas Bar College and a member of the State Bar Task Force for Responsible AI in The Law.   Joshua Weaver is Director of the Texas Opportunity & Justice Incubator (TOJI), a flagship program of the State Bar of Texas focused on supporting attorneys as they build sustainable solo practices serving low-income and modest-income communities.

There were a number of real estate cases in 2023, but only a few were notable enough to be of importance to all practitioners in this area of the law. Rocky Dhir welcomes Roland Love to discuss his article highlighting prominent 2023 real estate decisions in the December edition of the Texas Bar Journal. Roland gives an overview of these cases and their implications, covering PNC Mortgage v. Howard, Lennar Homes of Texas Land and Construction, Ltd. v. Whitely, Mitchell v. MAP Resources, Inc., and the rather humorous Pecos County Appraisal District v. Iraan-Sheffield ISD. Read Roland's full article here: Real Estate Law Year in Review  Roland Love is the 2022 recipient of the State Bar of Texas Real Estate, Probate, and Trust Law Section Lifetime Achievement Award in Real Estate and the Texas Bar College Patrick A. Nester Award for Outstanding Achievement in CLE.

Mentorships can be very impactful in the lives of attorneys, leading to better lawyering and stronger law firms. As a profession, there is so much we can do to develop and encourage mentorships, and the October Texas Bar Journal examines this subject in detail. Rocky Dhir welcomes article authors Nikki Chargois-Allen, Denise Paul, and Regan Boyce to discuss their thoughts on mentor-mentee relationships and setting up mentoring programs for young lawyers.  For real-life perspectives from a mentor-mentee pair, check out Nikki and Denise's article: In Their Own Words: How To Be a Good Mentor and A Good Mentee.   And, for more on ways to create mentoring programs, read Regan's article: Set For Success: How To Set Up a Firm Mentoring Program for Young Attorneys  Nikki Chargois-Allen is a partner with the law firm of Davidson, Troilo, Ream & Garza in San Antonio.  Denise Paul is regional legal counsel to Jungheinrich, one of the world's largest suppliers of industrial trucks. Regan Boyce is a partner in Chamblee Ryan in Dallas. 

A new set of laws has just been enacted by the 88th Texas Legislature, and the September 2023 edition of the Texas Bar Journal is chock full of informative articles on these changes. To look at some of these laws in greater detail, Rocky Dhir welcomes Kristal Thomson and Jerry Bullard to discuss their articles on the areas of family law and civil litigation/appellate law, respectively. Tune in to keep ahead of the latest updates! Kristal explains what did and didn't change for the Texas Family Code and other updates for family lawyers, and Jerry offers pertinent information for civil trial and appellate practitioners. Kristal C. Thomson is a partner in the family law practice group of the firm Langley & Banack in San Antonio. Jerry D. Bullard is a shareholder in the Grapevine firm of Adams, Lynch & Loftin.

Keeping an appellate perspective in mind as you prepare for a trial can do a lot to keep your case on track and avoid future headaches. Rocky Dhir talks with Elana Einhorn and Melissa Lorber, authors of the article, Help Us Help You: Top 10 Appellate Mistakes in the Trial Courts, which appeared in the July/August Texas Bar Journal. Elana and Melissa give an overview of the article and share their top tips for success in trial court.  Elana Einhorn practices appellate law at Enoch Kever. She is an adjunct professor at the University of Texas School of Law and a former Supreme Court of Texas staff attorney. Melissa Lorber is a founding member of Enoch Kever and is certified in civil appellate law by the Texas Board of Legal Specialization.

State Bar President Cindy Tisdale and Texas Young Lawyers Association President Laura Pratt were sworn in at the annual meeting in Austin this June. Rocky Dhir sits down with both to discuss their plans for their presidencies in the coming year. Cindy shares her intention to study AI, focus on civility, and continue to develop more wellness tools for Texas attorneys. Laura discusses TYLA's focus on public service, her plans to improve and update previous TYLA projects, and her developing website devoted to helping young people with everyday “adulting” topics.  Cindy Tisdale is a board certified family law attorney and 2023-24 President of the State Bar of Texas. Laura Pratt is a commercial litigator at Sprouse Shrader Smith PLLC and 2023-24 President of TYLA.

Tune in as Rocky Dhir talks with William Barr about his personal life, stories from his stints as Attorney General, and thoughts on the future of our nation. Mr. Barr opens up about his family and career and shares advice for others as they navigate both personal and professional life choices. They also discuss Mr. Barr's recently published book, One Damn Thing After Another: Memoirs of an Attorney General.  William Pelham Barr is an American attorney who served as the 77th and 85th United States attorney general in the administrations of Presidents George H. W. Bush and Donald Trump.

Rocky Dhir welcomes Daytripper host Chet Garner to chat about his many explorations of the great state of Texas. Chet visits towns of all shapes and sizes to find the beauty and adventure in every location. Tune in for their conversation highlighting the impressive diversity, history, nature, and community Texas has to offer.  Chet Garner is the creator, executive producer, writer, and host of The Daytripper, a Texas travel show on PBS.

Pandemic-era legal proceedings taught Texas lawyers and judges that alternative methods can be extremely effective in a variety of court processes. And now that we have entered into the post-pandemic era, these tech-fueled advancements are still front and center in Texas courts. Judge Roy Ferguson, Megan LaVoie, Michelle Casady, and Jennifer Doan discuss their session on what legal professionals need to know to incorporate the latest options for court proceedings into their practice.  Roy Ferguson is a judge of the Texas 394th District Court, presiding over the largest judicial district in the state of Texas.  Megan LaVoie serves as the Administrative Director for the Texas Office of Court Administration and Executive Director of the Texas Judicial Council.  Michelle Casady is a reporter at The Texas Lawbook. Jennifer Haltom Doan is a founding partner with Haltom & Doan, a boutique trial and appellate firm located in Texarkana, TX-AR.

Culture can make or break your law firm, and it is absolutely essential to nurture a positive, supportive environment to truly have a successful firm. Senior law firm leaders Holly Draper, Hannah Hembree Bell, Brian Hall, and John Meredith discuss their session from the annual meeting focused on ways to improve your law firm culture. They share experiences from their firms and emphasize the importance of developing vision and values, being flexible enough to recognize changing needs, and striving to live out and support your cultural vision at all levels of your organization.  Holly Draper is CEO and managing partner at The Draper Law Firm and host of the Texas Family Law Insiders podcast.  Hannah Bell is the founding attorney of Hembree Bell Law Firm, where she specializes in family law, divorce, and estate planning. Brian A. Hall is a member of Traverse Legal, PLC and the managing partner of its Austin, Texas office.   John Meredith is the Chief Operating Officer for Chamberlain Hrdlicka law firms with offices in Atlanta, Houston, Philadelphia and San Antonio

The way athletes conduct themselves has the potential to majorly impact them, their team, and their sport as a whole. With such high stakes and the added influence of social media, personal conduct policies are in place to help maintain the integrity of professional sports leagues. Rocky Dhir talks to Kelli Masters, Daniel Hare, and Brian Michael Cooper about how these policies are created and the discipline processes that provide accountability and continued quality within a sports league.  Kelli Masters is an attorney, an NFL sports agent and Founder and President of KMM Sports, a full-service sports management company with offices in New York, Los Angeles and her hometown of Oklahoma City. Daniel Hare is the founder and president of Varsity Search, a legal recruiting company dedicated to building great teams by bringing together lawyers and law firms. Brian Michael Cooper is an accomplished sports executive, currently holding the positions of President & Chief Operating Officer at the American Flag Football League.

Rocky Dhir chats with Bench Bar Breakfast speakers Justice Debra Lehrmann and Timothy Berg about the mission and efforts of the Uniform Law Commission. They explain what the ULC does, the processes of projects undertaken by the commission, and how their acts provide consistency while still promoting the autonomy of the states.  Justice Debra Lehrmann is the Senior Justice on the Supreme Court of Texas. Timothy Berg is General Counsel at Fennemore Craig, P.C.

Harnessing the power of technology with competence and confidence is now a top consideration for lawyers as they advocate for their clients. How should this look in your legal practice? Rocky Dhir talks with judges Amy Clark Meachum, Jessica Mangrum, and Martin Hoffman about the latest tech-based factors for effective advocacy in Texas courts. They discuss virtual and in-person platforms and share tips for lawyers on how to keep up with current courtroom technologies.  Amy Clark Meachum is a judge of the Texas 201st District Court. Jessica Mangrum is a seasoned judge presiding over the Texas 200th District Court.  Martin Hoffman is an esteemed judge serving on the Texas 68th District Court in Dallas County.