State Bar of Texas Election • April 2024
State Bar of Texas Election 2024
The Issues
The Texas Bar Journal asked 2024-2025 president-elect candidates Denise Scofield and Santos Vargas to share their perspectives on issues facing the bar. Vote online or by paper ballot from April 1 to April 30, 2024. For more information, go to texasbar.com/elections.
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?
SCOFIELD: Over the past six months, I’ve traveled across our state to learn from Texas lawyers. While we’ve talked about how fortunate we are to be lawyers, I’ve also heard about what keeps folks up at night. Artificial intelligence, the increasing costs of doing business, and mental health and addiction are top of mind regardless of geography or practice area.
The State Bar can and should play a role in addressing these issues. On the technology front, the bar is off to a great start with the AI task force. Its work to evaluate and make recommendations on best practices should continue. As to economic pressure, the bar should negotiate meaningful discounts on useful products and services as a member benefit. Regarding mental health and addiction, exceptional prevention programs and partnerships already are in place, but we remain in crisis mode. The bar should explore ways to make treatment and recovery services more accessible and available to lawyers in need.
We’re in a better position to address these and other challenges as a self- regulated, unified, independent bar association. To that end, the State Bar should be mindful of the boundaries set by recent caselaw and operate accordingly to protect our status.
VARGAS: The State Bar should lead
the way in addressing: (1) lawyer burnout;
(2) self-regulation; (3) women and minority lawyer retention; (4) AI;
and (5) nonlawyer law firm ownership.
The well-being of Texas lawyers is paramount. Approximately 77% of lawyers report suffering from burnout and 10% report having considered suicide. The State Bar should augment TLAP’s role, promote funding for the Sheeran-Crowley Lawyer Wellness Trust, and organize burnout support groups for lawyers.
Texas lawyers have the privilege of governing ourselves. We have worked hard to maintain that privilege, and the State Bar should continue working tirelessly to ensure that privilege is never extinguished.
Several Texas firms have robust retention programs for women and minority lawyers, but there is more work to be done. The State Bar should develop retention tools and make them accessible to all Texas firms.
The State Bar should be commended for creating an AI task force in
2023, which has already released an interim report. The task
force’s work should continue via the creation of both board and
standing committees.
The prospect of nonlawyer law firm ownership raises serious concerns.
The State Bar should be at the forefront of addressing these concerns
for the profession and the public.
AI IS IMPACTING THE PRACTICE OF LAW IN MANY WAYS. WHAT ROLE SHOULD THE STATE BAR PLAY IN REGULATING ITS USE AND EDUCATING LAWYERS ABOUT ITS POTENTIAL APPLICATIONS?
SCOFIELD: The State Bar should study the use of AI in both litigation and transactional disciplines, evaluate and recommend best practices, determine whether and to what extent AI can be employed in our efforts to close the justice gap, and look for opportunities for members to secure AI tools at a reduced cost. Cindy Tisdale’s AI Task Force is superb and should be continued well into the future. Composed of the best and brightest on these technology issues, the task force is knee deep in identifying the good and the bad and is working to address both. The task force’s recent preliminary report is comprehensive and a solid first step to tackling these issues.
VARGAS: The State Bar had the foresight to create the Taskforce for Responsible AI in the Law, or TRAIL, in 2023, under President Cindy Tisdale’s leadership. TRAIL has already released an interim report. Through TRAIL’s intensive efforts, the State Bar is well on its way to crafting potential regulation and educating lawyers about AI’s potential applications.
TRAIL’s stated focus is on “crafting standards and guidelines that enhance legal practice through AI, without sacrificing the core values of justice, fairness, and trust.” These are laudable goals.
The TRAIL Interim Report includes tentative recommendations on: (1) cybersecurity; (2) education and legal practice; (3) legislative, regulatory, and legal considerations; (4) access and equity; (5) privacy and data protection; and (6) AI summits and collaborative efforts.
TRAIL is a great first step. Board and standing committees should be created to continue assessing the role AI plays in our profession.
WHAT CAN THE STATE BAR AND INDIVIDUAL LAWYERS DO TO ENSURE ACCESS TO JUSTICE FOR TEXANS, PART OF THE STATE BAR’S MISSION?
SCOFIELD: It’s helpful to frame the issue. Ninety percent of the civil legal needs of low-income Texans are unmet. We’re ranked 46th in the country for ensuring access to justice—while 5.2 million Texans qualify for civil legal aid, there is only one legal aid lawyer for every 7,000 who qualify. Despite significant efforts by the State Bar, the Supreme Court of Texas, the Texas Access to Justice Commission, and countless Texas lawyers, the demand continues to outpace the supply.
The bottom line is that we need more boots on the ground. To achieve that, we need to: (1) encourage increased funding from the state and federal governments and private donors for legal aid organizations so that they can hire additional lawyers and (2) better incentivize the voluntary provision of pro bono services by Texas lawyers to the underserved through programs such as the State Bar Pro Bono Texas Campaign.
VARGAS: The State Bar works to ensure access to justice through: (1) its Legal Access Department; (2) sponsorship of the Poverty Law Conference; (3) logistical support for six legal aid task forces; (4) Texas Lawyers for Texas Veterans; (5) the Pro Bono College; and (6) funding for the Access to Justice Commission.
Out of an approximately $50 million budget, the State Bar has
allocated
$1,458,267 for its Legal Access Department and $789,557 for the Access
to Justice Commission.
Despite these efforts, access to justice remains out of reach for countless Texans.
The State Bar should augment and promote funding for: (1) its own access to justice efforts and (2) the Access to Justice Commission and Foundation, which fund legal aid throughout the state.
As lawyers, we should all volunteer our time and help provide funding for access to justice efforts. Legal aid organizations across the state desperately need our help.
ANOTHER PART OF THE STATE BAR’S MISSION IS TO HELP ITS MEMBERS TO BETTER SERVE THEIR CLIENTS AND THE PUBLIC. WHAT SHOULD THE BAR FOCUS ON TO ENSURE IT IS SUCCEEDING IN THIS AREA?
SCOFIELD: The bar should provide useful, high-quality practice management tools to help lawyers better serve their clients, particularly for those who are solos or who practice in small to mid-sized firms. The bar has a website dedicated entirely to this type of content—texasbarpractice.com—that contains no-cost practice management guidance, a marketplace for practice manuals and similar materials, and online subscription services. Lawyers can find free resources on topics such as managing client files, cybersecurity, and succession planning, among others, on the site. The bar should update this site regularly with fresh content, and it should seek to negotiate and offer discounts for members on a whole host of products and services that lawyers need to better run their offices.
VARGAS: Burned out lawyers face bigger challenges in serving their clients and the public. Let’s help our fellow lawyers deal with burnout and overcome these challenges.
As lawyers, we are particularly susceptible to burnout because of: (1) the secondary trauma we carry from dealing with our clients’ problems; (2) the constant expectations of perfectionism; and (3) the incredibly long hours that are neither physically, mentally, nor emotionally sustainable.
Approximately 48% of lawyers report having been depressed, 61% report having suffered from anxiety, and 10% report having considered suicide.
By providing the resources and tools to help Texas lawyers overcome burnout, we can help these lawyers recharge and regain the focus they need to handle the challenges of law practice. In turn, lawyers who overcome burnout are much more likely to use the full range of their talents and potential in serving their clients and the public.
PUBLIC PROTECTION IS CENTRAL TO THE STATE BAR’S PURPOSE AS AN ADMINISTRATIVE AGENCY OF THE STATE’S JUDICIAL BRANCH. WHAT CAN THE BAR DO TO BETTER EDUCATE THE PUBLIC AND ATTORNEYS ABOUT THE LAWYER DISCIPLINE SYSTEM AND HOW IT WORKS?
SCOFIELD: During 2022-2023, 8,472 grievances were filed against Texas lawyers. Of those, 5,562 (66%) were dismissed as inquiries, and the balance, 2,920 (34%), were classified as complaints. The bar does a good job informing the public about how to file a grievance; the information is readily available on the bar’s website and clearly is being utilized. We need to focus our efforts on better explaining to the public the specific types of conduct and the situations that would give rise to a grievance to minimize baseless filings. With regard to educating lawyers, the bar should evaluate whether to require one hour of CLE programming on the disciplinary system each year (which would fulfill one of the three required ethics hours).
VARGAS: Texas lawyers deserve a grievance system that is both easy to understand and simple to navigate.
The State Bar should expand its efforts to educate lawyers about the grievance process so that they know and understand how it actually works. We should not allow Texas lawyers to be placed in the position of being intimidated or overwhelmed by the grievance process.
The State Bar should also do more to provide resources and support for Texas lawyers when they are faced with a grievance. I would like to see the creation of a confidential hotline for lawyers— separate from the disciplinary counsel’s office—where lawyers can get information about the grievance process and a list of lawyers who defend against grievances.
The State Bar’s website educates the public about the grievance system. However, more affirmative public outreach via State Bar directors and local bar associations would enhance the State Bar’s efforts.
WHAT SHOULD THE BAR DO TO GUIDE AND PREPARE THE NEXT GENERATION OF LAWYERS?
SCOFIELD: One of my favorite times of the year is when our new lawyers pass the bar in the fall. There is so much pride, relief, and enthusiasm at each swearing-in ceremony. We need to encourage our young lawyers to maintain that sense of positivity as they begin their day-to-day law practices. And we need to encourage them to take full advantage of the resources offered by the Texas Young Lawyers Association and its local affiliates. I’m a huge fan of what they do for young lawyers—mentorship programs, wellness and mental health strategies, practice guides, law office management materials, networking events, and the list goes on. The State Bar stands squarely behind their work and should continue to do so. I would hesitate to step in their way on any major initiative aimed at our next generation but instead would look for opportunities to partner and support their efforts.
VARGAS: A key plank in my platform involves the creation of online mentoring circles to prepare the next generation of lawyers. With so many lawyers working remotely since the advent of COVID-19, many young lawyers are losing access to the types of mentorship opportunities previous generations received from in- person office work. Moreover, young lawyers in less populated counties may find it difficult to locate potential local mentors.
The State Bar can help the next generation of lawyers regain access to mentorship opportunities by organizing and promoting online mentorship circles where seasoned lawyers can provide guidance and training for the next generation. If we expect the next generation of lawyers to thrive and lead the profession into the future, we have a duty to provide them with the tools and training to make that possible.
THE STATE BAR OF TEXAS IS CONSIDERED A NATIONAL LEADER AMONG BAR ASSOCIATIONS IN MULTIPLE AREAS. WHAT DO YOU THINK THE STATE BAR DOES WELL?
SCOFIELD: We do a lot really well. I want to focus on two areas in which we are exceptional—our continuing legal education programs and our sections. Our CLE department consistently delivers for us. The bar offers a course on virtually any topic you can think of, and the programs are affordable and high quality. The speakers come from diverse geographic areas and backgrounds, and the bar is focused on providing in-person opportunities throughout the state in addition to online opportunities. As to our sections, the same is true about the range of offerings—from administrative law to worker’s compensation and almost everything in between. The section leadership is committed to providing a meaningful experience and adding value at a very reasonable cost.
VARGAS: The Texas Lawyers’ Assistance Program is a crown jewel of State Bar programs. TLAP has helped countless lawyers—and law students—deal with issues including substance use, mental health, wellness, and cognitive decline. TLAP is an incredible resource for the Texas legal community.
The State Bar also does a tremendous job securing benefits for its
members.
The Member Benefits and Services section of the State Bar’s
website is filled with information on State Bar member benefits ranging
from travel and entertainment discounts to research tools and
opportunities to apply for insurance coverage.
The State Bar’s CLE offerings are also first class. The State Bar provides high- quality CLE on topics involving a broad range of practice areas.
The State Bar staff and leadership have worked hard to secure these wonderful programs and benefits for Texas lawyers. We need to work even harder to spread the word to State Bar members.
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?
SCOFIELD: It’s more than one experience, one group, one project. Instead, it’s a combination of leadership of young lawyer groups, traditional bar associations, and specialty bar organizations at the local and statewide level that have prepared me. On the local level over the first 25 years of my career, I served in leadership roles during some of the toughest economic times our profession has faced, through natural disasters and public uprisings, and through tumultuous change in the industry. At the statewide level over the past 12 years, I’ve served in leadership roles when we faced discordance within our membership, when we faced the unknown of the pandemic, and when we reemerged to our new normal. I understand the transformational changes our profession will face over the next decade and have the experience and the demeanor to build consensus, develop creative solutions, and best protect our members’ livelihoods in the times to come.
VARGAS: My leadership experience is well-tested. I served four years on the State Bar’s Board of Directors, including one year as chair of the board. I also served four years on the Texas Bar Journal Board of Editors, including one year as vice chair. In addition, I served as president of both the San Antonio Bar Association and the San Antonio Young Lawyers Association, among many other leadership roles at the local and State Bar level.
All of these experiences have prepared me to lead, but my experience as chair makes me uniquely qualified to lead the State Bar. As chair, I spent countless hours listening to and learning from directors, becoming intimately familiar with the State Bar’s inner workings, and building consensus on issues critical to the success of the State Bar.
As president-elect, I plan to draw on this experience to lead effectively and keep the State Bar lawyer focused.
HOW IMPORTANT ARE YOUR COMMUNITY ACTIVITIES IN SHAPING YOUR LIFE AS A LAWYER? WHICH HAS AFFECTED YOU THE MOST?
SCOFIELD: Volunteering in my community keeps me grounded, humble, and grateful. Including my kids in many of those activities has been an important way to spend time together and to model service to our neighbors. From painting worn houses to picking up trash along the bayou, to organizing annual holiday gift drives for underprivileged children, to serving on my local urban debate league board, I go all-in on the projects I take on and have learned a lot about my community in the process. Seeing firsthand the extent of the need for all kinds of help has been a huge factor in my own commitment to do pro bono work.
VARGAS: Some of the most important lessons I have learned about being a good lawyer have come from helping others. One of my favorite community activities has been volunteering as a coach for the youth sports program at my church.
When I first started coaching, I thought my job was to teach. However, I quickly learned from the kids I was coaching that it was equally important to listen. One of those kids was my son. Having the opportunity to coach him—and learning to listen to him—really helped tighten the close bond we share today.
That experience also helped me become a better husband, lawyer, and leader. I have continued using that lesson as I speak with and listen to lawyers across the state of Texas.
WHAT IS YOUR FAVORITE BOOK, TV, OR FILM REPRESENTATION OF A LAWYER? WHY?
SCOFIELD: Let me start by saying that my answer is not based on cinematic quality or even entertainment value. I’m going with Legally Blonde because Reese Witherspoon’s depiction of Elle Woods almost 25 years ago inspired a generation of girls to see themselves as trial lawyers and to dream of their own gotcha moment in the courtroom. Back in 2017, Witherspoon herself spoke about how “incredible” the film’s impact had been in that regard, telling the Wall Street Journal that “[a]t least once a week I have a woman come up to me and say, ‘I went to law school because of Legally Blonde.’” A story of empowerment, women having each other’s backs, and personal growth—there are some real nuggets of value buried in the light and predictable plotline.
VARGAS: Two characters are at the top of my list for similar reasons. Rudy Baylor from The Rainmaker and Vinny Gambini from My Cousin Vinny. Each of these characters is very different.
However, their characters have always resonated with me because they fight for the person whose hopes for justice seem bleak. And, despite the fact that they are each facing incredible odds, they manage to prevail through sheer determination, ingenuity, and hard work.
As lawyers we are sometimes tasked with representing those for whom we are their only chance for justice. And despite the odds being stacked, if we work hard enough and we believe in ourselves and our cause, we can obtain the justice our clients deserve.
