By Nikki G. Maples, a member of the Austin Bar’s Health & Wellness Committee, and a family law attorney who cares about the health of her colleagues.

What is “brain fog”? Exactly as it sounds, it is the opposite of feeling clear or level headed. Listed below are symptoms of brain fog—but before reading the list (stop…don’t jump ahead!)—let’s conduct a simulated exercise.  Go ahead and close your eyes if that helps!  Picture yourself in a courtroom during trial, in a conference room taking a deposition, in an office surrounded by your peers and colleagues,  or even ruling from the bench. Essentially, picture any high-stress situation in your legal career where you are expected to perform with excellence. Now, read each symptom below and consider how that symptom might impact your performance (with the added bonus of commentary from yours truly).

Ok, here we go. Symptoms of brain fog:

• Low energy / fatigue…Because low energy really promotes excellence;
• Irritability…Judges, colleagues and clients really love when lawyers are (even more) irritable;
• Trouble concentrating…Not exactly a helpful trait when the pressure is on;
• Headaches…That annoying throb in your temple only adds distraction to the situation;
• Forgetfulness…Not a very impressive trait to your client;
• Low motivation…Doesn’t exactly promote success;
• Anxiety…Can be sensed by everyone around you; and
• Confusion…A really fun state of mind, especially when the opposing counsel notices.

Most, if not all, of us know the information related to the effects of sugar and the brain. Even with that information, we still tend to indulge. Personally, I live by the rule of “everything in moderation and balance.” By the slim chance that someone is oblivious to the effects of sugar, here are a few quick and dirty facts.

1. Sugar can impair cognitive skills and functioning, as well as self- control (see list above).
2. Sugar can have a drug-like effect, stimulating a craving for more sugar and several studies show that sugar could be more harmful than cocaine. (Disclaimer: I am not promoting “everything in moderation and balance” as it relates to cocaine….I’m just passing along the research conclusions.)
3. Sugar can zap energy and increase tension as a result of tiredness.
4. Excessive refined sugar consumption can be a contributing factor in depression. In contrast, natural sugar consumption (found in fruits and vegetables) shows no correlation to higher rates of depression.
5. Excessive sugar intake is thought to cause insulin reaction that might increase deposits of beta-amyloid proteins and increase the risk of developing dementia.
6. Sugar can negatively affect one’s memory.

The content provided here is strictly focused on sugar and the brain. Let’s not forget about the obvious negative impact that sugar has on our bodies as a whole, such as weight gain, obesity, diabetes, heart disease, etc.

The takeaway from this PSA: Your brain needs sugar to function, but you don’t have to eat refined sugar to fuel your brain.

Sugars are found in the majority of our foods. The processed foods that are advertised as “sugar free” have simply replaced sugar with a different–usually processed–chemical. The sugar that our brains need for optimal functioning can be found naturally in fruits and vegetables. This isn’t hard information to grasp. It’s obvious. We all hold the knowledge. And, as lawyers, we understand the value of knowledge. We all know how to cross examine a witness. Regardless of whether we do so on a regular basis, lawyers hold the skill and knowledge to conduct a cross examination. When cross examining a witness, we apply our knowledge because our case depends on it.

Likewise, it is time to start applying our knowledge about our sugar intake because our lives depend on it. So, put down that caramel Frappuccino with whipped cream and grab a glass of water or juice.  (And I mean real juice, from real fruits, not the Ocean Spray stuff!)

Sources:
The Negative Impact of Sugar on the Brain, Verywell Mind, Nov. 24, 2018
6 Negative Effects of Sugar on the Brain, Hotze Health & Wellness Center, Intl, June 28, 2018
Brain Fog Causes + 7 Natural Causes, Dr. Axe Food is Medicine, Jillian Levy, CHHC, Aug. 12, 2018

CLICK HERE to view the jury trial schedule at the HMS Courthouse for the week of May 20, 2019.

A text is sent to members on Mondays mornings of each jury trial week with a direct link to this schedule. To opt in, text “Austinbar” to 313131.

CLICK HERE to view the jury trial schedule at the HMS Courthouse for the week of May 6, 2019.

A text is sent to members on Mondays mornings of each jury trial week with a direct link to this schedule. To opt in, text “Austinbar” to 313131.

By Nikki G. Maples, Law Office of Nikki G. Maples, and member of the Austin Bar’s Health & Wellness Committee

I am just as guilty as the next person when it comes to bailing on a workout because I feel too tired, too busy or…ahem…too lazy.  A break from exercise from time to time is completely normal and perfectly acceptable. It’s when the ‘I’m taking a break’ turns into ‘I haven’t exercised since 2005’ that it becomes a problem.  It’s a vicious cycle that happens to everyone, even the avid athlete. The struggle of balancing fatigue to the necessity of exercise is real.  By now, my readers should know that I’m big on tips because tips are short, they’re punchy, they’re convenient, and they feel attainable.

Too tired to work out? Consider these tips:

• Shorten your workout. Instead of the 30-minute or one-hour workout, which can feel more like two hours after driving to the gym, parking, etc., aim for just 10 to 15 minutes. You could stand on your head for 10 minutes if your life depended on it.  The “experts” (whomever they may be) indicate that our bodies usually experience a rush of endorphins within 10 minutes of exercise. With that in mind, you may find that you feel like you can go longer than 10 to 15 minutes. I challenge you to go beyond your 15 minutes, maybe 17 minutes, or you could get froggy and go a full 20 or 30 minutes. If you feel that you cannot go beyond 10 minutes, then consider doing several 10-minute workouts throughout the day. Your brain needs this refresher, a simple little recharge. The point is that exercising for 10 minutes is doable.  It’s TEN minutes…don’t be lame, just do it.
• Exercise in the morning. Even if you’re not a morning person, you can change that habit. It is all too easy to blame your fatigue on a hard day’s work. If a long, hard day is your habitual excuse, then it’s not your day that’s getting in the way – it’s you. Set your alarm, get up when it goes off (my husband would be shaking his head in disbelief that I am lecturing others to mind their morning alarm…just do as I say, not as I do, and you’ll be fine.). Yes, you’ll drag for a few minutes as you shuffle around your house trying to wake up. Prior planning is half the battle. Before going to bed, set out your workout clothes and sneakers so that you don’t have to think about it in the morning.
• Sneaky exercise. Bored with the gym? Uninterested in the drive to the gym? Allow yourself a break from the sweat box and sneak in activity wherever and whenever possible. Park in the furthest spot from the grocery store. Take the stairs instead of the elevator – I promise that it will not kill you. Take a walk while you’re on a phone call. Again, it is perfectly fine to take a break from the monotony of your exercise routine, but do not…I repeat, DO NOT…become inactive.
• Get more sleep – it matters! Getting back to the nuts and bolts of our middle school health class, the “experts” encourage seven to nine hours of sleep each night. Exercise promotes better and deeper sleep. However, I caution you about slipping into the excuse that you did not log your seven to nine hours and, therefore, must sleep longer instead of getting up and exercising. Just manage your day. As lawyers, we understand the importance of scheduling our professional obligations. Our health is no different, find a way to structure your day, including parent duties, household responsibilities, and SLEEP. It can be done!

When excusing exercise on the grounds of fatigue, ask yourself this question: Why am I so tired? Ponder the reasons for a while, then fix the sleep issue so you don’t have to choose between sleep and exercise. Is it the food that you’re consuming or the time of day in which it is being consumed? Are you on an electronic device too late which is stimulating your brain? Are you stressed or anxious about something?

A few more tips to combat the lazy and unmotivated feeling:

1. Stick to 10s—10 pushups, 10 sit ups, 10 squats 10 minutes of jogging, etc.
2. Stand up at least every hour of your day —remove thy buttocks from your chair and just move.
3. Walk for at least 20 minutes each day.
4. Workout at home— tricep dips on a dining chair, squats, lunges, anything.
5. Unplug —turn off the devices and allow yourself to sleep (this is a hard one for me!).
6. Don’t worry about how long your workout lasts— focus on the fact that you’re being active.
7. Run or jog for one song—try pacing your inhales and exhales along with the beat or each stride.
8. Find a buddy— having company can keep you accountable and interested in exercise.

Sources:
When You Are Too Tired to Workout, Livestrong.com, January 8, 2019
Should I Sleep or Workout? I’m Too Tired to Exercise…, Powerhouse Performance, August 8, 2014
10 Ways to Get Fit If You’re Lazy AF, Harvey-Jenner, Catriona, Cosmopolitan, May 12, 2016

CLICK HERE to view the jury trial schedule at the HMS Courthouse for the week of April 22, 2019.

A text is sent to members on Mondays mornings of each jury trial week with a direct link to this schedule. To opt in, text “Austinbar” to 313131.

On March 6, 2019, a lawsuit was filed in the Western District of Texas claiming that under Janus v. AFSCME, 138 S. Ct. 2448 (2018), it is unconstitutional for an attorney to be compelled to be a member of the State Bar of Texas in order to practice law.

The State Bar of Texas is confident it is fulfilling all statutory responsibilities as the administrative arm of the Texas Supreme Court consistent with the Court’s authority to regulate the legal profession. The pending legal action will be addressed accordingly.

CLICK HERE for more information about the lawsuit.

Candidates Announced for AYLA Board of Directors

Elections to be Held April 12 – May 3, 2019

The Austin Young Lawyers Association announces its candidates for the 2019-20 Board of Directors. A link to the electronic ballot will be sent in an email from BallotBox Online on Friday, April 12, 2019. Please add noreply@ballotboxonline to your account so it gets past your spam filter. The last chance to vote will be at the annual member meeting conducted at the Bench Bar Conference on Friday, May 3, 2019 at the Austin Country Club.

The following candidates are running for the AYLA officers and board of directors. The new board will take office on July 1, 2019, along with Sandy Bayne, who will serve as AYLA’s president. Bayne is a founding partner of BayneLaw, where she focuses on general healthcare and health insurance. She is a 2013 graduate of the Austin Bar/AYLA Leadership Academy and has served on the AYLA board as director, secretary, and treasurer and has co-chaired AYLA’s Judicial Reception and Runway for Justice events for several years. She is also a member of the Barbara Jordan Inn of Court.

OFFICERS

The only contested officer’s race is for the office of treasurer. Candidates for treasurer are Rachael Jones and Francesca Di Troia.

Jones has been actively involved in AYLA and the Austin Bar since becoming licensed in 2014. She has been a member of the AYLA board of directors since 2016, served as the board’s secretary for the 2018-2019 bar year, and is also an Austin Bar/AYLA Leadership Academy graduate.

 

Di Troia is an Assistant Attorney General in the Tort Litigation Division. She has served as an AYLA director for the past two years and has been heavily involved in the Membership, Docket Call, YMCA, Reindeer Games, Runway for Justice, Community Service Days, and Race Judicata Committees.

 

David King is running unopposed for president-elect. King has been an AYLA Director since 2015. He is currently treasurer of AYLA and previously served as secretary. David is also co-chair of AYLA’s Bench Bar Conference and Holiday Programs committees. Outside of AYLA, David is a shareholder at Graves, Dougherty, Hearon & Moody, and he serves on the board of directors of Mainspring Schools.

 

 

Blair Leake is running unopposed for secretary.  As an AYLA director, Leake has worked to rebuild the Community Service Days Committee, which now hosts monthly volunteer events with local charities. He has served as the chair of that committee for the last two years, has been on the Runway for Justice Committee for the last three.  He has also served on other AYLA committees, including the Women’s Resource Fair and MLK Day of Service. 

DIRECTORS

Eight candidates are vying for four 2-year terms on the board of directors. The four elected board members will join directors Michael Choate, Sarah Harp, Eric Nelson and Kayvon Rashidi, whose terms expire in 2020; along with Erin Smith Bennet, director at large.

Ben Dower has been an ex-officio member of the AYLA board of directors since 2016. He is involved in the Barbara Jordan Inn of Court, the Austin Bar/AYLA Leadership Academy, and the Texas Law Mentoring Program. His AYLA committee involvement includes YMCA Youth and Government Program, Runway for Justice, Community Service Days, and MLK Day of Service.

 

Catherine “Cathy” Garza practices regulatory and commercial litigation at Eversheds Sutherland. She has served as an ex-officio member of the AYLA board since 2017.  Her AYLA involvement includes serving as chair of the Bar & Grill Committee, a member of the Runway for Justice Committee, and a volunteer for MLK Days of Service and Community First! Village Legal Clinics.

 

Alan Lin is an Associate at Cornell Smith Mierl Brutocao Burton, where he practices labor and employment law. He previously practiced with a national product liability defense firm in Austin and has spent his entire legal career in the city.  He is a member of the Austin Asian American Bar Association.

Jenna Reblin Malsbary currently serves on the AYLA Community Service Days Committee and has volunteered at the AYLA Reindeer Games, Women’s Resource Fair, and Community First! Village Legal Clinics.

 

 

Emily Morris is the managing attorney of The Morris Law Firm.  Morris is dedicated to the Austin legal community, demonstrated by substantial service as co-chair of the Austin Bar/AYLA Leadership Academy Leadership Committee, and to the Travis County Women Lawyers Association.

 

Matt Rappaport advises attorneys and their clients as their personal wealth manager. He began his legal career with McKool Smith, litigating patent infringement cases. He and currently works at UBS Financial Services, Inc. Rappaport volunteers as a mediator with the Austin Dispute Resolution Center.

 

Justin Rosas practices school law with an emphasis on labor and employment litigation. Last year, he started an organization to mentor young Hispanic boys in the Austin area. He is a member of the 2019 Austin Bar/AYLA Leadership Academy class.

 

 

Katharine Weaver A graduate of Texas law, Katharine practices health insurance law at a boutique subrogation firm. Katharine enjoys serving as a weekly volunteer at the Volunteer Legal Services of Central Texas clinic and helping fight food insecurity at Del Valle ISD through her involvement in the Junior League of Austin.

CLICK HERE to view the jury trial schedule at the HMS Courthouse for the week of March 25, 2019.

A text is sent to members on Mondays mornings of each jury trial week with a direct link to this schedule. To opt in, text “Austinbar” to 313131.

The Austin Bar’s nominating committee has announced it slate of officer and board candidates for the 2019-2020 Bar year.

There is one contested race for the office of Treasurer. Amanda Arriaga and Blair Dancy are both running for that position.

The winner of that race will join President D. Todd Smith, President-Elect Kennon Wooten, and Secretary David Courreges on the Executive Committee when their terms begin on July 1, 2019.

The following candidates are vying for four seats on the Board of Directors.  The director positions are for two-year terms.

Rob Frazer
Leslie Hill
Megan Honey Johnson
Mary Ellen King
Travis Plummer
Pete Reid

Any qualified member not receiving a nomination by the committee may be included on the ballot by submitting a written petition signed by 75 members of the Austin Bar Association by Wed. April 10, 2019.

A link to the electronic ballot will be sent to Austin Bar members  on April 12, 2019 by Ballot Box Online.  The email will be sent from noreply@ballotboxonline.  Member are encouraged to add this address to their safe-senders list to ensure it doesn’t go to their spam filters. Online voting will end at 5 p.m. on Thurs., May 2.  The final day to vote will be at the Bench Bar Conference and Annual Meeting held on Fri. May 3 at the Austin Country Club.

officers

2019-2020 Executive Committee:

 

 

 

 

 

 

Candidates for Treasurer:

Amanda Arriaga was president of the Austin Young Lawyers Association in 2014 and has served on the Austin Bar Board since 2015. While on the board, she was co – chair of the Bench Bar committee, expanding opportunities for participation of CLE speakers in the program. Arriaga also served as the chair of the Austin Bar Gala committee and was recognized as the Outstanding Committee Chair in 2017-2018.

 

 

 

Blair Dancy is a partner with Cain & Skarnulis where he practices insurance coverage. He has been active with the Austin Bar since 1997, and has served on its Board of Directors since 2016, receiving the “Outstanding Board Member” award in 2017 and 2018. He has been co-chair of the Bench Bar committee for numerous years, and was a founding member of the Entertainment Sports Law section, having also served as the section’s co-vice-chair. Dancy has also served for 10 years on the board of directors for Texas Accountants and Lawyer for the Arts, and is in his second year of serving on the State Bar’s insurance section’s governing council.

 

 

 

candidates for BOARD OF DIRECTORS

Rob Frazer is a Board Certified Family Law attorney practicing primarily in Austin, Texas. Rob has been an active member of the Austin Bar Association for many years and has served on the Bench Bar Planning Committee, the Austin Bar Gala Planning Committee, the Law-Related Legal Education Committee, is a graduate of the Austin Bar Leadership Academy and is on the Lawyers For Literacy Committee. Rob is also an active member of St. David’s Episcopal Church.

 

 

 

Leslie Hill is the Chief Counsel of the Travis County Office of Child Representation.  She has served as a prosecutor with the Travis County District Attorney’s Office, the Legal Services Director at SafePlace, a prosecutor with the Travis County Attorney’s Office and as a mediator.  She is a member of the Austin Bar Association and the Adoption Day Committee.  Ms. Hill has served as a board member for Lawyer Referral Service and Asian Family Support Services of Austin (Saheli).  Ms. Hill is a Child Welfare Law Specialist

 

 

Megan Honey Johnson is staff attorney to Judge Tim Sulak.  Prior to public service, she practiced litigation and IP law at Jackson Walker. She serves on the Austin Bar’s Bench Bar Committee and as an Austin Bar mentor. Johnson is a member of the Civil Litigation Section and AYLA, and is a graduate of the 2017 Austin Bar/AYLA Leadership Academy class.

 

 

 

 

Mary Ellen King is Director of Contract Management for LCRA. She has served on the AYLA Board of Directors, was the 2012 AYLA Outstanding Young Lawyer, received AYLA’s President’s Award of Merit in 2013, and was a member of the Austin Bar Association Leadership Academy. She also served as Judicial Reception Committee Chair from 2010 to 2014.  She was a member of the Solo and Small Firm Section where she has served as chair, vice-chair, and programming committee chair.  She served as president of the Dripping Springs Rotary Club, and chair of the Rotary Club Foundation. She currently serves as elder for the Dripping Springs Presbyterian Church and is a member of the TCWLA.

 

Travis Plummer is a senior attorney at Dykema Gossett where he counsels clients on general commercial, construction, insurance, consumer, and healthcare litigation. He served for three years as chair of the leadership committee for the Austin Bar/AYLA Leadership Academy, and was named outstanding committee chair for his efforts. Plummer serves on the Austin Bar’s Law-Related Legal Education Committee, chairs the Dykema Associates Committee, assists with other Austin Bar activities, and handles pro bono cases for VLS and RAICES.

 

 

Pete Reid owns Pete Reid Law, specializing in business litigation and sports law. Pete is a current board member of the Austin Bar Foundation, and recent chair of the Entertainment and Sports Law section.  Originally from Glasgow, Scotland, Reid first came to Austin as a UT Law student in 1995.

 

 

 

On March 6, 2019, a lawsuit was filed in the Western District of Texas claiming that under Janus v. AFSCME, 138 S. Ct. 2448 (2018), it is unconstitutional for an attorney to be compelled to be a member of the State Bar of Texas in order to practice law. The State Bar of Texas is confident it is fulfilling all statutory responsibilities as the administrative arm of the Texas Supreme Court consistent with the Court’s authority to regulate the legal profession. The pending legal action will be addressed accordingly.

Click here  to view a .pdf of the lawsuit that was filed.

Click here to read an article regarding the case published by Courthouse News Service on March 7, 2019.