April 2022

The Issues

State Bar of Texas Election 2022

The Texas Bar Journal asked 2022-2023 president-elect candidates Joe Escobedo Jr. and Cindy V. Tisdale to share their perspectives on issues facing the bar. Vote online or by paper ballot from April 1 to May 2, 2022. For more information, go to texasbar.com/election.

WHY DO YOU WANT TO SERVE AS PRESIDENT OF THE STATE BAR OF TEXAS?

ESCOBEDO: Service to my community has always been important to me. I come from very humble beginnings—my mother and father did not go beyond the fifth grade. But what my parents lacked in education they made up with the values they instilled in me. They taught me to work hard, never forget where you came from, and always give back to your community. My service to the Texas lawyer community is my small attempt to pay something back to the profession that has given me such a blessed life.

I want to serve as president of the State Bar because our bar finds itself at a crucial juncture. It is critical that the leadership of the bar reflect the demographics of its members. I believe that I am the person to lead the bar during this important time. I have received over 20 endorsements of lawyers throughout the state who cover a wide range of practice areas and both sides of the bar, including labor and employment lawyers, immigration lawyers, plaintiff lawyers, defense lawyers, corporate lawyers, and government lawyers. The president-elect of the State Bar must represent the entire bar. I will represent all Texas lawyers as president-elect.

TISDALE: I want to help lawyers. I am proud to be a lawyer, and I love helping clients in their time of need. I want to help other lawyers so they, in turn, can help their clients. My first job was at a district attorney’s office. As part of my duties, I handled the Child Protective Services cases. Getting those children out of foster care and into their forever families was my driving force. That driving force has continued in my private practice. That is the basis of what I do—help others. As lawyers, we help people in crisis. We help people to deal with the end of their marriage; we help people with the death of a loved one; we help business owners; we help people accused of a crime; we help our neighbors by trying people accused of crimes. The State Bar, both directly and through its divisions and sections, helps us to fulfill our mission by promoting the rule of law and ensuring representation of those in need. I want to be a champion for this cause and for the lawyers of Texas.

IN YOUR OPINION, WHAT ARE THE MOST IMPORTANT ISSUES FACING THE LEGAL PROFESSION AND WHAT ROLE DO YOU BELIEVE THE STATE BAR SHOULD PLAY IN ADDRESSING THEM?

ESCOBEDO: One key issue facing the legal profession today is the continuation of our ability to govern ourselves. I was chair of the board during the last legislative Sunset Review and understand what can happen if we lose that ability. We can ensure this does not happen by being vigilant when it comes to fiscal responsibility and transparency. Additionally, as lawyers, we must ensure that access to the law is not limited to those who can afford to pay our retainers and hourly fees. I am on the Texas Access to Justice Commission and have personally seen what can happen when the rights of the powerless are trampled by those with power. Finally, especially after the impact the pandemic has had on us all, we need to further support the Texas Lawyers’ Assistance Program, or TLAP, which provides essential resources to lawyers for mental health, substance use, and other wellness issues.

TISDALE: Maintaining our status as an independent, self-regulating bar is imperative. Our bar is much more productive and efficient in its current form for attorneys and the public than it ever could be otherwise. Also, attorneys face a plethora of obstacles that affect our health and practice. The pandemic has only highlighted problems we as attorneys, especially solo practitioners, have in continuing our business and service to clients when we are hit with disaster. In the Workgroup on Texas Lawyer Needs Arising from the 2020 Pandemic and 2021 Winter Storm I co-chaired, we were tasked with coming up with ideas to help lawyers in need. We coordinated a video, Manny’s Story, to communicate the disaster resources available to attorneys—especially solos. Before disaster strikes, attorneys can designate someone to take over their business and keep it running. Our bar should serve you and provide you with the tools necessary to practice.

YOU HAVE SERVED THE PROFESSION IN A NUMBER OF CAPACITIES. WHICH OF THESE EXPERIENCES HAS BEST PREPARED YOU TO LEAD THE STATE BAR OF TEXAS?

ESCOBEDO: I served four years on the State Bar board, the highlight being elected as chair by directors from throughout the state. I was chair during the last Sunset Review by the Texas Legislature. Participating in the Sunset Review was eye-opening as I learned how elected officials and the general public view the legal profession. As president, I will use my experience with the Sunset Review to guide the bar to improve the public perception of the legal profession. When I chaired the State Bar board, I set the agenda for upcoming board meetings and encouraged board members to reach out to their constituents to ensure a transparent and inclusive process. I promised the directors I would listen to their concerns and provide them the opportunity to be heard when I was elected chair. I make the same promise to Texas lawyers should I have the honor to serve as president.

TISDALE: Of all my experiences, one stands out. When I was chair of the Texas Bar Foundation, or TBF, Hurricane Harvey hit Texas on a Friday. By Monday morning, the TBF had created a portal to take donations for those in need. The TBF granted emergency applications of almost $200,000. This is special to me because most of that money went directly to helping lawyers. Some had lost everything—yet all they wanted to do was work. This money helped buy laptops, printers, even clothes for court so attorneys could do what they do best—help their clients. This has prepared me to lead the bar. There was a disaster, and I worked with others to respond quickly—all to help attorneys in need.

WHAT CAN THE STATE BAR AND INDIVIDUAL LAWYERS DO TO ENSURE ACCESS TO JUSTICE FOR TEXANS, ONE OF THE STATE BAR’S CORE PURPOSES?

ESCOBEDO: The bar has a responsibility toward ensuring access to justice to all Texans. Lawyers can provide pro bono services and provide financial support to the Texas Access to Justice Commission and other similar programs. We also need to understand that access to justice issues have changed over the past few years, from finding pro bono lawyers to help the poor to helping people going through the court system without a lawyer. We need to find the balance between helping the unrepresented litigant and assuring we are not taking business away from Texas lawyers. We should also increase access to technology to make attendance at virtual court hearings possible for those who otherwise lack the resources to do so. On numerous occasions, I have seen litigants explain in court that they did not attend a prior hearing because they did not have access to a smartphone or computer.

TISDALE: As attorneys, I believe we have an obligation to serve our communities. We all need to decide for ourselves how to accomplish that. The bar should continue to make it easier for those who are willing to serve. Through probonotexas.org, attorneys can sign up to take a pro bono case, and the bar provides malpractice insurance to those attorneys who take cases through their legal aid provider. I also believe the sections could provide much-needed services. For example, the Family Law Section has a program that provides a day of free CLE to attorneys in return for taking two pro bono cases within the year through their legal aid provider. Hundreds of people in need have been paired with an attorney to help them through their crisis. Because that should be the goal—providing legal counsel to those in need.

THE LEGAL PROFESSION HAS BEEN TRANSFORMED BY COVID-19. WHAT CAN THE STATE BAR DO TO HELP LAWYERS ADJUST TO PANDEMIC LIFE AND BEYOND?

ESCOBEDO: I have been so impressed by Texas lawyers’ ability to adapt during the pandemic. More lawyers are working from home today than at any other time. However, working from home has caused other issues, including working longer hours. The State Bar must continue to support Texas lawyers during these stressful times. First, we must recognize that many Texas lawyers are suffering because of the social isolation caused by the pandemic. As discussed earlier, TLAP is a wonderful program that can assist with some of the psychological issues caused by the pandemic. The pandemic has also taught us that our physical health is critically important to dealing with this virus. The bar should encourage wellness programs in which members can engage and support each other. We are also seeing issues relating to lawyers and financial security. The bar must continue to assist lawyers with resources to address financial issues.

TISDALE: The day-to-day practice of law has changed dramatically since the pandemic. More people are working remotely. More attorneys and judges appear in court via Zoom. The bar needs to listen to its members and help where it can. What may work for a large firm in a large county may not work for a solo practitioner in a small county. What the bar can do is educate our members by offering more CLE on specifics of virtual court, virtual client relations, and a virtual practice. COVID-19 made us all think outside the box, and we need to continue to uncover new opportunities.

WHAT SHOULD THE BAR DO TO GUIDE AND PREPARE THE NEXT GENERATION OF LAWYERS?

ESCOBEDO: First, the bar should encourage lawyers to be role models. Unfortunately, many high school and college students do not have lawyer role models. The first lawyer I ever met was my law professor. I coached high school mock trial for 12 years and am honored that a number of those students are now lawyers (admittedly it does make me feel a little old). During my service on the Texas Minority Counsel Program Steering Committee, I spoke to elementary students about becoming lawyers and explained the different jobs attorneys do for their clients. As a member of the American Board of Trial Advocates, I have participated in several programs that teach civics and constitutional law to high school students. I am a strong supporter of LeadershipSBOT and have written letters of recommendation for numerous young lawyers who have gone on to leadership roles in TYLA. I favor continued support of TYLA.

TISDALE: The bar must recognize the next generation of lawyers will not practice law under the “old” paradigm. We need to understand new lawyers will have a different relationship with the bar; they will receive and process information in a different manner, embrace emerging technologies, and retain and communicate with clients and courts in a different manner. The bar must evolve with these lawyers. What will not change is the ultimate challenge—to equip our new lawyers with all the tools they need to meet the needs of their clients. Also, new lawyers should have not only support in how to practice law but also how to navigate the stress that goes along with it. The bar offers the Transition to Practice program, which pairs experienced lawyers with new lawyers to cover all aspects of how to successfully practice law. One of my goals would be to help nurture this program and grow its members.

WHAT SHOULD THE BAR FOCUS ON TO ENSURE IT IS RELEVANT AND MEANINGFUL TO MEMBERS?

ESCOBEDO: The bar provides so many wonderful programs and benefits, but we must improve communication with our members relating to those programs. The bar maintains relevance to its members because it is governed by directors who are elected by the members. The directors serve as an important tool in communicating opportunities to their constituents. The bar must continue to support directors in their communications with their constituency via email and free CLE detailing the benefits the bar provides. In addition, the bar should be very clear in its direct communications with our members. These communications need to highlight that the bar continues to offer the following: free CLE to its members, discounts or scholarships for CLE courses, and free legal research, just to name a few of the benefits. Communication is key. We must establish a dialogue with our members regarding the services and resources available to all Texas lawyers.

TISDALE: Listening and communicating. The bar needs to gauge its membership from time to time and find out what the attorneys need. This means traveling to the numerous local bars and engaging with members. The bar does a great job of providing resources, benefits, and education for attorneys, but we need to ensure our members know about these programs. What good is having an outstanding resource if no one knows about it? Communication is a two-way street. We need to encourage feedback from our members. I am sure there are some great ideas floating around, but a busy lawyer either does not know who to contact or does not believe anyone will listen. We need to change that perception. If elected, I will make myself accessible to our members to hear praise, complaints, and ideas.

HOW IMPORTANT ARE YOUR COMMUNITY ACTIVITIES TO BALANCING YOUR LIFE AS A LAWYER? WHICH HAS AFFECTED YOU THE MOST?

ESCOBEDO: Participating in community activities is paramount when it comes to creating balance in my life. When my two daughters were young, like many lawyers, I was often out of town for trials or depositions. However, I always made family time a priority. I coached my girls in whatever sport they were playing (even when it meant having to read up and learn the essentials of a new sport). Now, I am blessed to have the opportunity to participate in my grandsons’ sporting activities.

Most of my other community activities are law related. None brought me more joy than coaching high school mock trial, especially when I coached my own daughter in state competition. Teaching young people the importance of our Seventh Amendment right to a jury trial will have an impact on their lives. Additionally, my volunteer work with unaccompanied minors at the border serves as a constant reminder of how blessed we are to live in this country.

TISDALE: Having a balanced life is important to everyone, but especially to lawyers whose day-to-day workload is so stressful. It is the things I do outside the office that keep my perspective. When my kids were growing up, we all volunteered as coaches for the Special Olympics in track and field. My son helped the athletes with the field events, and my daughter and I helped with the running events. We ended up being mostly cheerleaders for these athletes, which gave us all the best feeling in the world. They didn’t care if they came in first or last. The fact they finished was enough reason for celebration. We can all learn from that. Sometimes just finishing a case, finishing the day, or finishing a discovery deadline is enough reason to celebrate. As with most volunteer activities, you end up getting more back than you gave.

LAWYER WELL-BEING HAS BECOME INCREASINGLY IMPORTANT, ESPECIALLY SINCE THE PANDEMIC. HOW DO YOU MAINTAIN YOURS?

ESCOBEDO: I maintain my emotional well-being through my interactions with family and friends. I am blessed to have a supportive family—my wife and I have two beautiful daughters, four grandsons, and a granddaughter on the way. My friends are exceptional. You realize who your friends are when you run for a position like president-elect of the bar, which requires constant help from friends throughout the state, including help with endorsements, office visits, and other campaign activities. I am extremely lucky to have the friends that I have.

The pandemic has shown me that my physical well-being plays a key role in my success. I believe in taking care of myself with proper nutrition, exercise, and sufficient rest. This keeps me healthy, both physically and mentally, and enables me to play with my grandchildren in much the same way that I played with my daughters decades ago.

TISDALE: My friends and my family keep me sane. Taking time to spend with them helps me to refocus. It is also important for me to have some “me” time—be that reading a book, taking a walk, or getting away for the weekend. We all need to take care of ourselves. You know the line flight attendants tell us? “Put your own oxygen mask on first then help your companion.” We can’t help others if we aren’t helping ourselves.

WHAT IS YOUR FAVORITE BOOK, TV, OR FILM REPRESENTATION OF A LAWYER? WHY?

ESCOBEDO: Atticus Finch in Harper Lee’s To Kill a Mockingbird is my favorite depiction of a lawyer. I became a lawyer because my mother was influenced by serving on a jury before Judge Reynaldo G. Garza, the first Hispanic federal judge. I recall my mom coming home and telling me all about her experience with Judge Garza. It is hard to underestimate the influence of seeing someone who looks like you in a position of power. My mother’s experience helped me to realize I could become a lawyer, but I knew I wanted to be a trial lawyer when I saw Atticus Finch’s representation of Tom Robinson. Atticus’ belief that everyone deserved fair treatment led to his representation of Tom despite the racial tensions in town. The character of Atticus proves that doing what is right is not always popular. I have tried to emulate Atticus Finch throughout my career.

TISDALE: The obvious answer is Atticus Finch. What attorney wasn’t impacted by his compassion, devotion, and sense of right versus wrong? But I am going to say Vinny Gambini of My Cousin Vinny. Who doesn’t love a David versus Goliath tale? Vinny rolls into town—a world away from his own—and relies on his intuition and street smarts to get his clients’ case dismissed. He knows he is out of his element, but he still tries. He goes into court every day and tries to the best of his ability. It is a great reminder to think outside of the box and look at all angles. Of course, he makes us laugh in the process! ^TBJ