A TT ORNEY OF THE MONTH ERIC PINKERFeatures: Marilea Lewis Attorney of the Month Law Office of Deandra M. Grant, P.C. Boutique Law Firm of the Month Nichols, Jackson, Dillard, Hager & Smith, LLP Law Firm of the Month www.AttorneyAtLawMagazine.com GREATER DALLAS EDITION | PREMIERE 2014 MAGAZINE ® Greater Austin | Metro Atlanta | Boston | Greater Dallas | Metro Detroit | Greater Fort Worth | Hampton Roads/SE Virginia | Greater Indianapolis | Kentucky | Greater Las Vegas Orange County | Los Angeles County | Greater Miami | Palm Beach County Florida Mississippi | Central New Jersey | New Jersey Metropolitan | Northern New Jersey Western New York | Greater New Orleans | Greater Orlando | Greater Phoenix | Greater Pittsburgh | Greater Philadelphia | Greater Salt Lake City | Santa Rosa | Central Valley California | Greater Tampa | North Carolina Triangle | Minneapolis/St. Paul Justice Ada Brown Judicial Profile JIM CHESTER Attorney of the Month Van Wey Law Law Firm of the Month Judge Roberto Cañas, Jr. Judicial Profile Laura Hayes Attorney Profile Attorney of the Month Solo Practitioner of the Month Association Profile MIKE LYNN JOHN DEFEO DALLAS WOMEN LAWYERS ASSOCIATION ATTORNEY OF THE MONTH STEVE SUMNER JUDGE MARY BROWN JUDICIAL PROFILE DALLAS BAR ASSOCIATION INAUGURAL ATTORNEY OF THE MONTH GEORGE MILNER ADRIANE GRACE ATTORNEY PROFILE JUDGE DENNISE GARCIA JUDICIAL PROFILE ATTORNEY OF THE MONTH KEITH CLOUSE DALLAS ASIAN AMERICAN BAR ASSOCIATION ASSOCIATION PROFILE DAYL CHARITY BALL EVENT SPOTLIGHT ATTORNEY OF THE MONTH BEN DuBOSE J. L. TURNER LEGAL ASSOCIATION ASSOCIATION PROFILE JUDICIAL NIGHT WITH LEGAL LEGENDS EVENT SPOTLIGHT MARK SHANK TIPS FROM THE TOP ATTORNEY OF THE MONTH KAY VAN WEY CRAIG SMITH JUDICIAL PROFILE DALLAS BAR ASSOCIATION Inspiring Women XI EVENT SPOTLIGHT Attorney of the Month Law Firm of the Month Judicial Profile Nicole Knox Chalaki Law Judge Tonya Parker Robert C. Hinton, Jr. Attorney of the Month N. Henry Simpson Attorney Profile Association of Legal Administrators - Dallas Chapter Association Profile Attorney of the Month Ted B. Lyon, jr. Barry Sorrels ATTORNEY OF THE MONTH Jennifer S. Goldman MEDIATOR PROFILE Dallas Trial Lawyers Association ASSOCIATION PROFILE Larry Hance Attorney of the Month Mediator of the Month Professional Profile Judicial Profile Jeff Abrams Esq. Judge Martin Hoffman Legalinc Liz PORTER ATTORNEY OF THE MONTH Eric V. Moyé Jody Sodd McSpadden JUDICIAL PROFILE PARTNER OF THE MONTH Sharon Corsentino Frank Stevenson MEDIATOR OF THE MONTH TIPS FROM THE TOP Attorney of the Month Mediator Profile Judicial Profile Attorney Profile Of Counsel Profile Sean Modjarrad Tamar Meeks Judge Elizabeth Crowder Elizabeth Davis Frizell Audrey Moorehead TOM WALSH MARK LASSITER CORY CARLYLE DALLAS CRIMINAL DEFENSE LAWYERS ASSOCIATION ROBYN KELLEY DEVOREAUX WALTON WRITTEN DEPOSITION SERVICE LLC Attorney of the Month Solo Practitioner of the Month Attorney Profile Association Profile Professional ProfilesThank you to the Dallas legal community for seven great years. We look forward to many more. Sincerely, Justice Ada Brown Judicial Profile Laura Benitez Geisler Brenda Houghton & Diana Squires Professional Profile Dallas Association of Young Lawyers Association Profile Attorney of the Month ATTORNEY OF THE MONTH KAY VAN WEY CRAIG SMITH JUDICIAL PROFILE DALLAS BAR ASSOCIATION Inspiring Women XI EVENT SPOTLIGHT Julie Pettit ATTORNEY OF THE MONTH MEDIATOR OF THE MONTH ASSOCIATION PROFILE INDUSTRY ICON Karen R. Washington Dallas Hispanic Bar Association Catherine M. Maher Attorney of the Month Ted B. Lyon, jr. Liz PORTER ATTORNEY OF THE MONTH Eric V. Moyé Jody Sodd McSpadden JUDICIAL PROFILE PARTNER OF THE MONTH Sharon Corsentino Frank Stevenson MEDIATOR OF THE MONTH TIPS FROM THE TOP TEXAS WOMEN LAWYERS Association Profile ATTORNEY OF THE MONTH Crawford, Wishnew Lang PLLC & LA W FIRM OF THE YEAR JUDGE ASHLEY WYSOCKI JUDICIAL PROFILE DBA 2020 INAUGURAL DINNER & DANCE EVENT SPOTLIGHT ATTORNEY OF THE MONTH CHRIS LEWIS A TT ORNEY OF THE MONTH ERIC PINKER Patty-Joan "P.J." HinesAttorney at Law Magazine is published by: Target Market Media Publications Inc. Ken Minniti PRESIDENT & CEO Howard LaGraffe VICE PRESIDENT Caitlin Keniston EDITOR Patty-Joan “P.J.” Hines DALLAS PUBLISHER Jaqueline Dávila GRAPHIC DESIGN Susan Cushing Veronica Jauregui ASSISTANT EDITORS Kay Van Wey CONTRIBUTING EDITOR Dan Baldwin Rebeeca Glatzer Jill Huse Stan Popovich Kerry Price Leeatt Rothschild CONTRIBUTING WRITERS Hatley Studios PHOTOGRAPHY Copyright ©2020, Target Market Media all rights reserved. Reproduction in whole or part is strictly prohibited. Advertising rates on request. Bulk third class (standard) mail. Although every precaution is taken to ensure accuracy of published materials, Attorney at Law Magazine & Target Market Media cannot be held responsible for opinions expressed or facts supplied by authors. Corporate Office : 5828 North 7th Street, Suite 200 Phoenix, AZ 85014 Phone (480) 219-9716 www.tmmpublications.com • info@tmmpublications.com FROM THE Publisher CONTRIBUTING Editor KAY VAN WEY MEDICAL MALPRACTICE Northern Alabama | Atlanta | Chicago | Dallas | Ft. Lauderdale Jacksonville | Los Angeles | Miami | Minnesota North Carolina Triangle | Ohio | Philadelphia | Phoenix | San Antonio Salt Lake City | Middle Tennessee | Washington D.C. TO the esteemed Greater Dallas legal com- munity. Thank you, as we continue to celebrate our 7th year publishing in Big D, welcome to the 26th issue of Attorney at Law Maga- zine Greater Dallas Edition. In this exciting new issue, we’re proud to feature, Eric Pinker, Attorney of the Month and cover story. As Managing Partner of Lynn, Pinker, Hurst & Schwe- ggman (recognized as one of the five top commercial litigation firms in Texas) Eric has the unique abil- ity to perform being both an accomplished litigator, and successfully managing the law firm at the same time. Eric’s true passion “outside the practice of law” is competitive bike racing, and he’s happiest when his shoes are in the bike peddle clip. Check out his story, “Cycling Enthusiast Rides to Leadership Po- sition” on page 16. Legal Legend, Al Ellis, graciously sat down with Attorney at Law Magazine, and shared his wisdom in “Tips from the Top” on page 6. The quarantine shut down didn’t stop AALM from getting Out on the Town aka Zoom on the Town on page 10; and special thanks to Jessica Smith, Dal- las Bar Association, with providing us with the Zoom meetings snapshots. Don’t miss the movers and the shakers in Talk of the Town on page 28, and remembering Karen Danielle McCloud who passed away April 9th. Karen’s exceptional service to the legal profession and community was enormous and will not be forgotten. In the mix, is our popular local columnist, Kay Van Wey (Medical Mal- practice) is on fire with another insightful and informative, article, “Nursing Home Liability for COVID-19 Outbreaks”; along with very helpful, business and marketing-related articles from national experts in their field. Special thank you to our advertisers who’d appreciate hearing from you, should you need their expertise. I hope you enjoy. If you’d like to discuss getting more involved with the magazine with an article or interview, please feel free to reach out to me. Please do SUBMIT nominations for features, profiles, and special recogni- tions at: http://www.attorneyatlawmagazine.com/nominate/ SUBSCRIBE AND SHARE – it’s FREE! https://attorneyatlawmagazine. com/subscribe Carpe Diem, Patty-Joan P.J. Hines PUBLISHER (214) 597-5920 PJHINES@ATTORNEYATLAWMAGAZINE.COM WWW.ATTORNEYATLAWMAGAZINE.COM/DALLASTABLE OF Contents 16 6 Al Ellis Tips from the Top 9 Nursing Home Liability for COVID-19 Outbreaks By Kay Van Wey 14 Client Experience: The Link Between Legal Counsel and Business Advisor By Jill Huse and Kerry Price 16 Eric Pinker Attorney of the Month 20 From Jobless to Employed: How I Switched Practice Areas During the Great Recession By Rebecca Glatzer 22 6 Tips on Managing the Stresses of Working With Difficult Business Clients By Stan Popovich 24 Gen Z Recruitment: How to Ensure New Hires Will Stick Around By Leeatt Rothschild SPECIAL SECTIONS 10 Zoom on the Town - DBA Meetings 28 Talk of the Town HA TLEY S TUDIO S AttorneyAtLawMagazine.com 5AALM: What is the best advice you received from a mentor figure? Ellis: This is hard to answer, as I have had so many mentors over the years who gave me great advice. Growing up, there were “surro- gate parents,” who I am sure gave me good ad- vice, but mostly they provided direction and security. The next major mentor in my life was John Barnes, store manager of the Wyatt/ Kroger food store, where I worked through high school and college. His best advice was given by example: work hard. My next men- tors came in high school and college ROTC and as an Army Airborne Infantry officer: Persevere. Ironically, my first law mentor, Robert P. Woodruff, gave the same advice. Whenever I came to him with an is- sue, he would listen, offer suggestions, and end with: Persevere. AALM: In terms of retaining clients, what single act do you believe is most effective? Ellis: No single act. Empathy, compassion, listen, communicate. Be more than an attorney. Be a counselor. AALM: What advice would you offer a newly licensed attorney? Ellis: Welcome to the legal profession. Not knowing why you chose to become a lawyer, may I at least make some suggestions for suc- cess to consider. For me and for all of the great lawyers I have been privileged to serve with, the legal profession is a calling. Granted, we all entered the profession with different ideas as to why we were here and what we wanted to accomplish. However, as we became involved in the profession and with the legends in the profession, we realized it was more of a calling than just a job. Yes, the legal profession provides most of us with financial rewards to support ourselves and our fami- lies, but the most important part of our membership is to do all we can to ensure the justice system is available for all and to be of service to our community. One of my favorite quotes: Do all you can, in the time you have, in the place you are. AALM: How do you work to maintain balance between your home life and work life? What single tip would you offer a young attorney? Ellis: Sorry, I don’t have a single tip. Surely you didn’t expect just one!! As a newly licensed lawyer, balancing your life is much more AL ELLIS I truly believe ‘flaws’ in the legal community is a misnomer. Most lawyers come to the profession as so-called ‘Type A’ personalities, hard chargers, perfectionists and the like. These tools can serve us well when representing our clients.” T i ps fr om t h e T o p ATTORNEY AT LAW MAGAZINE · DALLAS· VOL. 7 NO. 2 6difficult than it is for someone like me who has practiced for 48 years and has developed a certain sense of independence. First and fore- most, take care of yourself and your mental and physical well-being. Our profession has twice the national average of drug and alcohol addiction and mental illness. If you don’t take care of yourself first, you will not be able to serve your clients and your community. Sec- ond, exercise, exercise, exercise. Enough said. Third, find a community service about which you are passionate and devote as much time as possible to that passion. Last but not least, take time for yourself and your family, wheth- er it be movies, books, travel, being present for your spouse and/or children, or hobbies. The law in your life is extremely important, but it really is not the be-all and end-all. Re- member, when you die, your “In Basket” will not be empty. AALM: What flaws do you see in the legal community? How would you recommend that they be improved or eradicated? Ellis: I truly believe “flaws” in the legal com- munity is a misnomer. Most lawyers come to the profession as so-called “Type A” person- alities, hard chargers, perfectionists and the like. These tools can serve us well when rep- resenting our clients. However, if these tools become the sole guiding light for our conduct, they will adversely affect us individually and the legal profession. In short, the answer to this question goes back to the issue of balance. These so-called “flaws” in the legal commu- nity can be tempered by following the advice contained in the well-known Serenity Prayer: let me accept the things I cannot change, let me have the courage to change the things I can and have the wisdom to know the difference. Lastly, I would encourage everyone to read and be- come familiar with the “Don’t Sweat the Small Stuff” series of books by Richard Carlson. Some of the chapter headings themselves are great mantras for living our lives: Make Peace with Imperfection, Do Something Nice for Someone Else and Don’t Tell Anyone, Choose Your Battles Wisely, and Will This Matter a Year From Now. AALM: Would you encourage attorneys to become involved in legal associations? Where or how do you believe their involvement would be most beneficial? Ellis: Yes. Every newly licensed lawyer should join the young lawyers association in your community. The benefits are two-fold. First, most young lawyer organizations are active community service providers, and you can often find that community service pas- sion you are looking for. Second, active in- volvement in a young lawyers association is a great way to meet and make new friends who practice in all areas of the law. Certainly, many of us, as leaders in the bar, experienced our first leadership roles in our young lawyers as- sociation. That is not to say every person who becomes involved in a young lawyers associa- tion is going to become a “bar junkie.” But in- volvement will be a significant influencer in the manner in which you not only practice law, but devote yourself to some community service. In closing, To Live Is To Become Involved. To Become Involved Is To Care. To Care Is The Essence of Being. So….Do All You Can, In the Time You Have, In The Place You Are. AL ELLIS Empathy, compassion, listen, communicate. Be more than an attorney. Be a counselor.” T i ps fr om t h e T o p AttorneyAtLawMagazine.com 7Protecting assets is what we do. Making a difference is who we are. imacorp.com CONGRATULATIONS ERIC PINKER AND THE ENTIRE LYNN PINKER HURST SCHWEGMANN TEAM Dawn M. Smith Managing Partner Personal Injury, Toxic Exposures and Medical Negligence. "Putting our clients First." Toll Free: 855.898.7800 Phone: 214.953.1900 • Fax: 214.953.1901 325 N. Saint Paul St., 29th Floor, Dallas, TX 75201 dawn@smithclinesmith.com www.smithclinesmith.comI hope this month’s article finds all of you well and thriving, or at least surviving in this time of our “new normal.” Who would have imagined that our lives and our law practices would be turned upside down and that “pandemic” would become a household word? Like many other national disasters, such as 911 or Hurricane Katrina, heroes and villains emerge. Every day people are risking their lives to protect ours. Health care workers are running in to the burning building and are standing in the line of fire. So, should we hail them as heroes? ABSOLUTELY! But, just as there are heroes, there are also villains. Enter stage left, the nursing home industry. For years the nursing home indus- try has struggled with quality of care issues, yet it took a pandemic for these issues to come to the forefront of the nation’s attention. Residents of long -term care facilities were dispropor- tionately the victims of abuse and ne- glect long before COVID-19. A 2019 study using Medicare data revealed the scope of the problem. Out of a scale of 1 to 5 there was no state that had an average rating of 4 or above. The highest rating was Ha- waii with a 3.93 and the lowest was Texas with a 2.68! In DFW alone, 58% of facilities have a 1-3 out of 5 overall rating. The pandemic has only further exacerbated the existing issues in a troubled industry and sacrificed the most at-risk group of our fellow citi- zens. Nationally, at least 25% of CO- VID deaths are residents in long term care facilities. In Texas, the number is more than 33% and some have es- timated upwards of 50% of all Covid deaths to be nursing home residents Yes, more deaths could be expected among this elderly population due to their fragile health and close living quarters, but that does not justify how many residents are dying every day across the nation because of low qual- ity of care problems rampant in the nursing home industry. Again, many lives could have been saved if exist- ing issues were previously addressed by the nursing home industry when they should have been, rather than waiting for a pandemic to hit to be re- minded of the issues that need to be fixed. At the end of the day, nursing homes have an obligation to maintain a certain level of care which many fell below a long time ago. This kind of unpreparedness has led to innumer- able deaths and is inexcusable. Instead of accepting blame for their own lack of preparedness, the nurs- ing home industry is attempting to transfer their culpability onto the vi- rus, and the perennial favorite… trial lawyers. How they can try and make themselves out as the victim is frank- ly, jaw dropping. Litigating nursing home cases was never for the timid or faint of heart. Due to caps on non-economic dam- ages, widespread creation of shell corporations, limited liability insur- ance coverage and offshore hiding of assets, these cases have always been challenging. Now, there are additional immunities and legal protections due to COVID-19. However, in a breathtaking grab for power, the nursing home industry is calling for blanket, permanent, na- tional immunity. Industry groups and others in Washington, are discussing more immunity and more legal pro- tection than what has already been offered. The nursing home industry is sharpening their teeth and seiz- ing this opportunity to make nursing homes appear as the victim, requir- ing a level of immunity that would be devastating to families who have been harmed or lost a loved one. So many of these COVID deaths were prevent- able and the industry knows it! We cannot ignore all of these Covid deaths without using it as a rally cry for nursing home industry reform! If there is any doubt about whether granting additional legal immunity to the healthcare industry is a good idea, all you have to do is look at “tort re- form” in Texas. Preventable medical errors and health care costs have risen since various legislation was passed to protect health care providers. “Tort Reform” can certainly be credited with its successes, namely limiting pa- tients’ rights and making health care less safe. I hope and pray we don’t continue going down this same path. After all, as the old say- ing goes, “there but for the Grace of God, go I.” KAY VAN WEY | Medical Malpractice Kay Van Wey is a plaintiff’s medical malpractice attorney. After more than 30 years, her goal is to make herself extinct by helping to eradicate preventable medical errors. Voted Texas Super Lawyer for 15 consecutive years and named to D Best Magazine in tort product and medical liability litigation: plaintiff. Kay is board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and named a Trial Legend by the Dallas Bar Association. Kay serves as adjunct professor at SMU Dedman School of Law , teaching on Law and Medicine. Contact Kay online at: vwpwlaw.com or kay@vwpwlaw.com. Nursing Home Liability for COVID-19 Outbreaks AttorneyAtLawMagazine.com 9Next >