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March/April 2007

HOUSTON BAR FOUNDATION


Stern to Lead Houston Bar Foundation in 2007
Awards Recognize Pro Bono Service, Volunteerism, Legal Writing

Karl S. Stern, a partner in the firm of Vinson & Elkins L.L.P., became the 2007 chair of the Houston Bar Foundation on January 18 at the Foundation’s Annual Meeting and Luncheon at The Houston Club. He succeeded Tracie Renfroe of King & Spalding L.L.P. Charles Matthews of ExxonMobil Corporation introduced the keynote speaker, James B. Sales, chair of the Texas Access to Justice Commission.
Other new officers of the Foundation are Gwen Richard of the Law Office of Gwen E. Richard, vice chair, and Martin D. Beirne of Beirne, Maynard & Parsons L.L.P., treasurer. Renfroe will serve on the board as immediate past chair.
New directors for 2007-2009 are Jack S. Balagia, Jr. of ExxonMobil Corporation; Stewart W. Gagnon of Fulbright & Jaworski L.L.P.; and Jarvis V. Hollingsworth of Bracewell & Giuliani LLP. Completing terms as directors for 2006-2008 are Debra Baker of Connelly•Baker•Maston•Wotring•Jackson LLP; Sonya Hill Bishop of ConocoPhillips; and Charles R. Parker of Locke Liddell & Sapp LLP.
The Foundation also recognized law firms, corporations and individuals for outstanding pro bono services, volunteerism and legal writing.

 

Keynote Remarks to the Houston Bar Foundation Annual Meeting
James B. Sales, Chair, Texas Access to Justice Commission

I am honored and, I might add, profoundly humbled to speak at this annual awards luncheon of the Houston Bar Foundation. This privilege is especially poignant because I was fortunate to be a member of the original board of trustees appointed in 1982 by Bill Wilde, then president of the Houston Bar Association.
When this Foundation was started, the Houston Bar Association provided the board with three items: (1) the Foundation charter and by-laws, (2) nine appointed trustees, and (3) a charge to develop an endowment to fund the recently inaugurated HBA Pro Bono program, as well as three other ongoing projects.
When I think back to the first meeting on December 7, 1982, none of the trustees attending that original Board meeting remotely appreciated or understood that (1) we had no money in the bank; (2) we had no pre-determined structure; (3) we had no formalized program to serve as a blueprint; (4) we had no member fellows; and (5) we didn’t even have a logo. Tara Shockley of the Houston Bar Association and I designed a logo one afternoon at the HBA office; and, that is still the logo today.
It is amazing that from such a meager and inauspicious beginning, this Foundation would grow in 25 short years to achieve the size membership, the remarkable endowment, and the acknowledged stature and importance that it enjoys today. This Foundation is a magnificent tribute to those who have selflessly served, worked on, and supported it through the years.
The financial support provided by the Foundation is critical to the Houston Volunteer Lawyers Program and its mission. The goal is, and has always been, to ensure that everyone, regardless of economic circumstance, has access to justice. And it is access to justice that I want to discuss briefly with you because of its importance to our community, to our state, and to our profession.
As law students, we all learned early on about the rule of law and its role as the vital underpinning of our society. The rule of law, we were taught, defines who we are as a society and as a people. Our society is based on this straightforward, yet profound value. Although the Constitution and the Bill of Rights enshrine many indelible principles, two principles are the basis upon which all others rest.
One is that all persons in our society are treated as equal before the law. The second and equally important principle is that justice is the essence of the rule of law; therefore, every person should have unimpeded access to the justice system. Without the reality of these two fundamental principles, the supremacy of the rule of the law is, at best, an abstract generalization. At worst, it is a shameful illusion for those who cannot afford legal representation.
As members of the legal profession, the justice system is our turf – it is the environment in which we alone are licensed by the Supreme Court to operate. By reason of this privilege, we are the gatekeepers for the justice system, and this makes us the ultimate guarantors of the supremacy of the rule of law.
There are some sobering realities that currently confront the justice system and, by extension, our profession. Today, there are approximately 4 million low income and poor Texans who cannot afford legal representation. This is an increase of almost 1 million since 2001, when the Texas Supreme Court created the Texas Access to Justice Commission. Those needing help simply are outpacing our efforts to provide legal representation and resources.
Through dedicated legal service providers such as Lone Star Legal Aid, and through pro bono organizations such as the Houston Volunteer Lawyer Program, our profession collectively provides legal representation for about 22 percent of the legal needs of low income Texans. If you do the math, this means we are able to provide legal help for about two out of every 10 legal problems of Texans seeking help.
Who are those others who are unable to secure legal representation? (1) They are spouses and children facing domestic violence or neglect, and who often have no other option but to return to the original environment of abuse or neglect. (2) They are the elderly who are denied critical medical and disability benefits they desperately need to survive. (3) They are individuals with a variety of disabilities who too often are institutionalized without the means to challenge the action of the state. (4) They are the families who are wrongfully evicted and forced to seek shelter. And, (5) they are men and women who are stiffed on their wages, money they desperately need to support their families. These are not made-up dramatizations – these are documented real life miseries of real people unable to secure legal representation, and who are without any glimmer of hope for justice.
When I talk to lawyers about the need to help the less fortunate, I am often confronted by a variety of quizzical responses. Many respond that they are overwhelmed by the unrelenting demands of their law firm and law practice and the obligations of family, and simply have no time to volunteer. Some suggest that there are just too many poor people for their individual efforts to make a meaningful difference. Others insist they do not possess the particular legal talent or skills necessary to handle these kinds of cases. And some simply shrug and say, “Our profession did not create this problem. This is a societal problem and society at large must solve it.” These are all rational responses.
But, make no mistake, these are not the responses that comport with our professional responsibility. Unless we, as a profession, assume that responsibility, these helpless Texans will continue to be frustrated. The very fact that any citizen, regardless of economic circumstance, is denied access to the justice system should be abhorrent to every member of our profession.
The Access to Justice Commission I chair has fully engaged the issue. The Supreme Court gave the Commission three charges. First, determine statewide the scope and magnitude of this problem. Second, evaluate and formulate solutions that address the problem.  And third, coordinate and implement solutions or, stated more bluntly, start solving the problem.
Statewide, the Commission in 2004 established a strategic plan. That plan is premised on the proposition that every lawyer by reason of his or her license bears some obligation to help those in need.
In pursuit of that strategy, the Commission created a corporate counsel division comprised of 20 general counsel. This division is headed by Charles Matthews, general counsel of Exxon Mobil. Their charge is to develop pro bono programs and to mobilize in-house corporate counsel staff participation. In-house corporate lawyers represent a large segment of our profession. The corporate counsel group has been remarkably active under the skillful direction of Charles Matthews, and has already initiated several new initiatives.
The Commission established a Law School Dean’s Advisory Council to involve Texas law schools in developing a collaborative statewide program to help the less fortunate. The state’s nine law school deans developed a student internship program which they inaugurated last year in South Texas. The Deans have already signaled their intent to continue the program again this year. The interns will work with established legal aid groups to provide legal help to the less fortunate.
At the Commission’s request, the Supreme Court created a taskforce to address and serve the geographically diverse and underserved areas of our large state. The taskforce is comprised of the chairs of major state bar sections, as well as the presidents of TADC, TTLA, TYLA, the paralegals and the court reporters associations. This group currently is engaged in a joint effort to mobilize the substantive law skills and experience unique to the various section and association members. The goal is to expand quality legal representation to the underserved areas of the state.
The Commission also created a technology group made up primarily of computer specialists currently working at law firms throughout the state. Their charge is to assist legal service providers identify and implement state of the art technology programs and to provide quality training in the use of these systems. These are but some of the initiatives.
Notwithstanding its statewide nature, access to justice is, at its core, a local issue. Obviously, local problems are best and most effectively handled by local lawyers and local resources.
For example, Houston is home to many low income and poor citizens. Because of its vision 26 years ago, the Houston Bar Association in 1981 started what today is probably the premier pro bono program in the country – the Houston Volunteer Lawyers Program. Because it is staffed by volunteer members of the Houston Bar, it undoubtedly is the most effective vehicle to provide pro bono legal help to the needy of Harris County. The response of Houston lawyers to this program has been exemplary. More importantly the Houston Bar Foundation and Houston Volunteer Lawyer Program have been working together for some time to provide legal help to this community’s less fortunate. This cooperative effort represents an exceptional and highly effective force for good.
Recently, under the leadership of Glenn Ballard, the Houston Bar Association launched an ambitious program to increase available representation to those seeking legal help. This program basically creates partnerships between different size law firms and in-house corporate legal departments. It is a creative approach to mobilize the vast legal talent and resources of the Houston Bar. To use my often lampooned characterization, this program will “put more boots on the ground to help directly those on the front line of need.” Inspired by the financial support of the Houston Bar Foundation, and matched by the can-do attitude that is the hallmark of Houston lawyers, this program, if successfully implemented and pursued, will go a long way toward replacing human despair with real hope.
It is my observation after almost 47 years as a lawyer, that when challenged by a truly worthy cause and properly motivated by the urgency of that cause, lawyers generally, but Texas lawyers in particular, have always responded in the noblest tradition of our esteemed profession. I am reminded of the words from an ancient proverb, “Not by their words, but by their deeds shall you know them.” Not surprisingly, lawyer deeds, not words, are, and have always been, the real keys to justice and the majesty of the rule of law. Thank you.

James B. Sales, former senior partner and now of counsel to Fulbright & Jaworski L.L.P., is
chair of the Texas Access to Justice Commission. He is a former president of the State Bar of Texas
and former president of the Houston Bar Association, and he served as the first chair of the Houston Bar Foundation.

 


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