Resume

Aside

CHARLES HERRING, JR.

HERRING & IRWIN, L.L.P.
1411 West Avenue, Suite 100
Austin, Texas 78701
(512) 320-0665
(512) 519-7580

Education:

  • B.A. with Highest Honors, University of Texas (1972).
  • J.D. with Honors, University of Texas School of Law (1975).

Professional Memberships:

  • Chairman, Texas Supreme Court Task Force on Sanctions (1991-96).
  • Member, Texas Supreme Court Advisory Committee (1988-99).
  • Member, Texas Supreme Court Grievance Oversight Committee (2010-present).
  • Chairman, Trial Subcommittee, Judicial Improvements Act Western District Advisory Committee, United States District Court (1990-93).
  • Chairman, State Bar of Texas Committee for the Prevention of Legal Malpractice (1995-96; Presidential Citation).
  • Chairman, Austin Bar Association Committee on the ABA Ethics 20/20 Commission (2012).
  • Member, Committee on Court Administration, United States District Court, Western District of Texas (1985-97).
  • Member, State Bar of Texas Task Force on Malpractice Insurance Disclosure (2007-2008).
  • Member, Legal Services to the Poor in Civil Matters Committee of the State Bar of Texas (2001-2010).
  • Recipient, First Annual Professionalism Award from the Texas Center for Legal Ethics and the Travis County Bar Association (2000).
  • Instructor, Texas Center for Legal Ethics (2009-present).
  • Examiner, American Bar Association Standing Committee on Legal Specialization, Lawyer Liability Examination (2002).
  • Columnist and Member, Board of Contributors, Texas Lawyer (1990-94).
  • Fellow, Texas Bar Foundation.
  • Member, State Bar of Texas Committee on the Administration of Rules of Evidence (1991-93); Member, Travis County and American Bar Associations; Association of Trial Lawyers of America.
  • Member, Texas Center for Legal Ethics, Malpractice and Grievance Prevention Task Force (1994-95).
  • Board Certified, Civil Trial Law, Texas Board of Legal Specialization (1985-date).

Employment:

  • Briefing Attorney, United States District Judge Owen D. Cox, Corpus Christi, Texas (1975-76).
  • Gochman & Weir: San Antonio, Texas (1976-81). Partner, 1979-81.
  • Small, Craig & Werkenthin: Austin, Texas (1981-89). Partner, 1982; head of 23-member litigation group, 1983-89.
  • Jones, Day, Reavis & Pogue: Austin, Texas (1989-94). Partner.
  • Law Offices of Charles Herring, Jr. & Associates, 1002 West Avenue, Suite 200, Austin, Texas (1994-9/97).
  • Herring & Irwin, L.L.P., 1411 West Avenue, Suite 100, Austin, Texas (9/97-present).

Publications
Books:

  • Author, Texas Legal Malpractice & Lawyer Discipline (American Lawyer Media Properties, L.L.C. 1991; rev. eds. 1997, 2002, 2004, 2006-2013).
  • Coauthor with Professor Alex Albright, Handbook on Texas Discovery Practice: The New Rules Governing Discovery (West Group 1999; rev. eds. 2000-2013).
  • Author, The Texas Lawyer’s Creed — Avoiding Pitfalls in Pretrial Discovery, in TEXAS TORTS AND REMEDIES (1991) at 101-85.
  • Author, Potential Pitfalls for Sealing of Court Records Under Rule 76a of the Texas Rules of Civil Procedure, in TEXAS TORTS AND REMEDIES (1991) at 101-93.

Articles:

  • Author, Ethics and Barratry in the Business Tort Case, 3rd Annual Business Torts Institute 2011, State Bar of Texas, October, 2011.
  • Author, Lessons From the Debacle: How Not to Write Rules or Run a Referendum, The Advocate, Vol. 55, Summer 2011.
  • Author, Proposed Disciplinary Rules: Selected Issues, Changing Face of Water Rights Course, State Bar of Texas, February 24-25, 2011.
  • Author, Commentary: Disciplinary Rule Referendum: Vote No, Texas Lawyer, January 17, 2011.
  • Author, Commentary on State Bar of Texas Referendum 2011: Texas Disciplinary Rules of Professional Conduct — How Would You Advise A Texas Lawyer To Vote?, 74 Tex. B.J. 60, January, 2011.
  • Author, Motions to Compel, Discovery Sanctions, and Ethical Considerations in Discovery, Advanced Evidence & Discovery Law Course, State Bar of Texas, April – May, 2009.
  • Author, Year End Review 2008 – Substantive Law: Legal Malpractice: Arbitration and Self Interest, Texas Lawyer, December 22, 2008.
  • Author, Discovery Sanctions and Ethical Considerations in Discovery, Advanced Evidence & Discovery Law Course, State Bar of Texas, April – May, 2008.
  • Author, Ethical Issues in Jay Brandon’s “Executive Privilege,” Travis County Women Lawyers Association, July, 2007.
  • Author, Discovery Sanctions and Ethical Considerations in Discovery, Advanced Evidence & Discovery Law Course, State Bar of Texas, April – May, 2007.
  • Author, Discovery Sanctions and Ethical Considerations in Discovery, Advanced Evidence & Discovery Law Course, State Bar of Texas, April – May, 2006.
  • Author, Legal Malpractice in Texas – Recent Developments, 21st Annual Advanced Personal Injury Law Course, State Bar of Texas, July and August, 2005.
  • Author, The Restatement of the Law Governing Lawyers: An Overview and Recent Texas Case Law, Annual Legal Ethics Committee Seminar, Dallas Bar Association, April 10, 2003.
  • Author, Client Conflicts, Texas Disciplinary System: Lawyer Regulation in Texas–2000 Style, Texas Center for Legal Ethics, November 17, 2000.
  • Coauthor with Tim Sims, Claims Against Lawyers for Negligent Misrepresentation and Failure to Warn, Advanced Oil, Gas and Mineral Law 1999, State Bar of Texas, September 23-24, 1999.
  • Coauthor with Ron Moss, Avoiding Pre-Trial Sanctions Including Discovery and Spoliation of Evidence, 20th Annual Advanced Civil Trial Course, State Bar of Texas, 1997.
  • Author, Managing Conflicts of Interests as a Source of Malpractice Claims, Key Turning Points in Preventing The Legal Malpractice and Ethics Actions, Attorney’ Advantage Seminar, May 21, 1997.
  • Author, The Rules: An Overview of the Law, in Recognizing and Resolving Conflicts of Interest, State Bar of Texas, May 9 and 16, 1997.
  • Author, Ethical Considerations in Federal Court Trial Practice, Austin Chapter Federal Bar Association, March 26, 1997.
  • Author, Managing Conflicts of Interest as a Source of Malpractice Claims, Key Turning Points in Preventing the Legal Malpractice and Ethics Actions, Attorneys’ Advantage Seminar, September 10 & 11, 1996.
  • Coauthor with Ron Moss, Legal Malpractice and Ethical Considerations for Appellate Lawyers, Travis County Bar Association, Primer for Handling Civil Appeals, 1996.
  • Coauthor with Ron Moss, Sanctions, Advanced Personal Injury Law Course, State Bar of Texas, 1996.
  • Author, Is the Big Firms’ Free Pass Gone?, Texas Lawyer, p. 30, April 22, 1996.
  • Author, Outside Contractors and Client Confidentiality, Texas Lawyer, p. 24, January 8, 1996.
  • Author, Lessons from ‘Rainmaker’: What Not to Do, Texas Lawyer, p. 26, October 30, 1995.
  • Coauthor with Ron Moss, Sanctions and Liability, Eleventh Annual Advanced Personal Injury Law Course, State Bar of Texas, June, July, August 1995.
  • Author, Migratory Fouls and Chinese Walls, Texas Lawyer, p. 20, April 10, 1995.
  • Coauthor with Ron Moss, Discovery Sanctions, Advanced Civil Trial Short Course, SMU School of Law, April 6-7, 1995.
  • Author, Lost and Found: Inadvertent Disclosures and Unauthorized Transmissions, Texas Lawyer, p. 16, December 12, 1994.
  • Author, The Guilty-Party Conflict in Sanctions Practice, Texas Lawyer, p. 22, August 29, 1994.
  • Coauthor with Ron H. Moss, Discovery Sanctions, Seventeenth Annual Advanced Civil Trial Course, State Bar of Texas, August, September, and October, 1994.
  • Author, Limits on Fee Creativity, Commentary, Texas Lawyer, p. 16, June 27, 1994.
  • Coauthor with Ron H. Moss, Discovery Sanctions, Advanced Civil Trial Short Course, SMU School of Law, April and May, 1994.
  • Coauthor with John F. Sutton, Jr., Disqualifying Lawyers: The Task Force Speaks, Texas Lawyer, March 8, 1993 at 14.
  • Author, Reforming Texas Sanctions Practice, Texas Lawyer, January 25, 1993 at 10.
  • Author, Ethical Considerations in the Discovery and Trial of Business Cases, University of Houston Seminar, September 1992.
  • Author, Legal Malpractice and Ethical Considerations for Appellate Lawyers, State Bar of Texas, Sixth Annual Advanced Civil Appellate Practice Course, Sept. 1992.
  • Coauthor, Federal and State Juror Profiles in Austin, Austin Lawyer’s Magazine, Vol. 1, Spring 1992.
  • Author, Ethical Considerations in the Use and Presentation of Evidence, University of Houston Seminar, April 1992.
  • Author, Results of Sanctions Task Force Questionnaire, Texas Lawyer, February 24, 1992 at 10.
  • Author, Task Force on Sanctions Questionnaire, Texas Lawyer, December 16, 1991 at 12.
  • Author, Ethical Considerations in the Discovery and Trial of Business Cases, Advanced Business Litigation Seminar, University of Houston, Dec. 1991.
  • Author, Special Disciplinary Hazards for Trial Lawyers, State Bar of Texas, Fourteenth Annual Advanced Civil Trial Course, Sept. 1991.
  • Author, The Rise of the ‘Sanctions Tort,’ Texas Lawyer, January 28, 1991 at 22.
  • Author, Avoiding Malpractice and Ethical Violations in Litigation: How Not to Lose Your License, Your Money and Your Clients, Travis County Bar Association, Legal Malpractice Seminar, December 1990.
  • Editor, Travis County Trial Reports (1982-1994).
  • Author, Pretrial Discovery in Texas – Recent Developments and Basic Procedures, Travis County Bar Association and Austin Young Lawyers Association, Litigation and Trial Tactics Seminar, January 1990.
  • Author, Rattlesnakes and the Other Fellows: Legal Malpractice Pitfalls for Litigators, 23 Trial Lawyers Forum, No. 5 at 5 (l989).
  • Author, Scaling the Tower of Babel: Uniformity and Local Court Rules, 4 Texas Lawyer, Feb. 27, 1989 at 21.
  • Author, Travis County Civil Jury Trial Docket: Six Years’ Experience in Our District Courts, 10 Austin Lawyers Journal, Jan. 1989 at 1.
  • Coauthor (with Chief Justice Bob Shannon, 3d Court of Appeals), Temporary Restraining Orders and Temporary Injunctions in Texas — A Ten-Year Survey of Practice and Procedure, 17 ST. MARY’S L.J. 689 (1986).
  • Author, Federal Court Nondiscovery Motions, TRO’s and Preliminary Injunctions, State Bar of Texas Videotape Series (1985).
  • Author, New Venue Procedure, 46 TEX. B.J. 1300 (1983).
  • Author, Federal Magistrates in Texas, 12 Trial Lawyers Forum, at 11 (1977).

Unlicensed Attorney Practices for 15 Years – Finally Caught

Howard Kieffer never attended law school and never had a law license. Nonetheless, he was admitted to practice in several federal courts, including in Colorado, Minnesota, Tennessee, and North Dakota. Kieffer represented dozens of criminal defendants during a 15-year period as the founder of Federal Defense Associates. When he started the firm in 1993 in Orange County, he had just been released from federal prison for grand theft. He was a member of National Association of Criminal Defense Lawyers and attended its meetings, as well as ABA meetings. He claimed that he was a graduate of Antioch Law School, which closed in 1988.

In 2008, after colleagues, former clients, and court personnel began to suspect he was not licensed, an investigation resulted in a federal grand jury indictment. Subsequently, federal courts began more closely scrutinizing applications for admission to practice before them. In 2008, the Administrative Office of the U.S. Courts issued a memo urging federal court clerks to require verification that applicants were, in fact, licensed to practice. Recently, the 10th Circuit Court of Appeals upheld the conviction of Mr. Kieffer.

Dirty Mouthed Attorney Gets Sanctions

Dallas law firm partner Martin Sweeney faces sanctions after sending opposing counsel a string of abusive e-mails when the attorneys could not agree on scheduling a deposition. In the emails, part of the record in the sanction motion, Sweeney told opposing counsel, among other choice rebukes, “F—k with me and you will have a huge a—hole.” One of the opposing attorneys ultimately replied, stating his firm would be filing a motion for sanctions, adding, “We assume you oppose our motion?” Sweeney answered, “We do a—hole. Pansy. You asked me for dates in March and I’m getting them for you. We will produce the witnesses then p—sy.”