Barrister News, 1961 Fall, V. 9 No. 2

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Barrister News, 1961 Fall, V. 9 No. 2


St. Mary's University School of Law


Pretrial Conference An Effective Tool in Adminsitration of Justice, Supreme Court Honors Walker, Proposed Law Center, Ed Mainz Awarded NAHB Scholarship, Law Center Enrolls 173, Baker Speaks at Breakfast, Sierk Appointed to Committee, Martinak Clark Head Fraternities, Dean's List Summer 1961


St. Mary's University School of Law


St. Mary's University School of Law San Antonio Texas, St. Mary's University School of Law, Sarita Kenedy Law Library




James J. Braniff III, Robert Valdez, Edward Saconas, John Fashing, Charles E. Cantu, Luther Rutherford, Sparta Bitsis, Fil Vela, Fred Clark, A.C. Moser, Edward Mainz, Stewart Alexander, Joe Villarreal, George Guynes, Phlete Martin, F.B. Godinez, John Quinlan




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Pretrial Conference
An Effective Tool in
Administration of Justice
Judge Reynaldo G. Garza is
a 46-year old United States
District Judge for the Southern District of Texas. He was
appointed by President Kennedy
to fill the vacancy created by
the death of the Honorable
James V. Allred, and was
sworn in as a Federal Judge on
April 29, 1961.
Judge Garza received his education at the University of
Texas where in 19 39 he received a Bachelor of Arts tmd a
Bachelor of Laws degree. He
has also been the recipient of
an honorary Doctor of Laws
degree from St. Edward's University. He practiced law at
Brownsville since his graduation; with the exception of approximately four :vears spent in the
United States Air Force.
Judge Garza is well known over Texas, having served as State
Deputy of the Knights of Columbus in Texas for two and onehalf years. He is a former School Trustee and City Commissioner
of the City of Brownsville; a former member of the Texas Good
Neighbor Commission; he was twice decorated by Pope Pius
XII when he was the recipient of the Medal Pro Ecclesia et Pontifice
and was also made a Knight in the Order of St. Gregory the Great.
Judge Garza has for many years been a member of the Board
of Governors of St. Mary's University, and also a Tmstee of its
Law School.
By Judge Reynaldo G. Garza
On July 10-12, 1961, less than two and one-half months after
having been sworn in as a Federal District Judge, I had an opportunity to attend a Seminar on Procedures for Effective Judicial
Administration, at the Southwest Legal Center on the campus of
Southern Methodist University. This Seminar was conducted by
the Judicial Conference Committee on Pretrial Procedure, in conjunction with the Judicial Conference Committee on Court Administration, and the Southwestern Legal Foundation. The Seminar
was conducted under the able leadership of the Honorable Alfred
P. Murrah, Chief Judge, United States Court of Appeals for the
Tenth Circuit, who is Chairman of the Committee on Pretrial
Procedure of the Judicial Conference of the United States.
While there, I had an opportunity to hear many judges and
practicing attorneys speak on the many phases of judicial administration, including judicial supervision over litigation, calendar
control, the pretrial conference, both in civil and criminal cases,
and the conduct of the trial itself.
This Seminar was held in compliance with a resolution of the
Judicial Conference of the United States.
I am grateful to the Judicial Conference of the United States
for having given me the opportunity to attend such a seminar so
early in my career as a judge, where I learned first hand from
experts in the field the many problems facing the judge in his
quest for effective judicial administration, and received some good
advice on how to meet such problems.
We have always heard that "Justice delayed is justice denied."
If this be true-and it is true-, we are denying justice right and
left when we look at the crowded condition of court calendars
and court dockets in the majority of the courts in our land.
I surely do not pretend to be an expert on the subject that I
have been asked to discuss in this paper; but not being too far away
from my practice as a lawyer, and having had an opportunity to
serve on the Bench, I feel that I am close enough to both to have
reached some definite conclusions.
The pretrial conference is provided for under both our Federal
Rule 16 and our Texas Rule 166, of the Rules of Civil Procedure.
They are substantially the same.
When I became a Judge in the Southern District of Texas, I
was assigned the dockets in the Brownsville and Corpus Christi
Divisions of the Court. I tried immediately to familiarize myself
with the civil and admiralty cases that were then pending on the
dockets of both Divisions. I looked through every file and examined
the docket .sheets in the same. I found many cases where motions
had been filed but were never put on the motion calendar because
the lawyers filing said motions had failed to give notice t'o the
opposing party of bringing the motions up for hearing as provided
for in the rules.
Unless a party filing a motion gives notice to the opposing
party that the motion is being brought up for hearing on a certain
date, the Clerk does not present such motion to the Judge for
When an attorney files a motion in good faith, he must think
that his motion is good, and that it will help in the disposition of
his case. When he fails to bring the motion before the Court for a
ruling, he is the one that is delaying justice for his client.
An attorney should, therefore, seek a ruling on his motion as
soon as possible under the rules.
(Please see Page 2, Col. 4)


Vol. IX No.2

St. Mary's University School of Law

Supreme Court Honors Walker
Professor Orville Walker of
St. Mary's School of Law has
been appointed to the Supreme
Court Advisory Committee. This
committee was established by
the Supreme Court of Texas
to assist it in promulgating rufes
of civil procedure. The members of the committee are appointed by the entire body of ·
the Supreme Court for their
distinguished ability in· the field
of civil procedure.
A graduate of Texas University Law School, Professor Walker was engaged in the private
practice of law until 1955 when
he joined the faculty of St.
Mary's University School of
Law. He teaches Appellate Procedure, Civil Procedure, Evidence, and Federal Courts. Pro-

·Ed Mainz Awarded
NAJ-18 Scholarship
Edward Mainz, a second year
law student at St. Mary's Law
School and an honor student,
was the recipiant of a $1,000
scholarship awarded by the N ationa! Association of Homebuilders Scholarship Foundation
Inc., of Washington, D . C.
The scholarship was awarded
to Mr. Mainz from the Past
President's Fund of the National
Association of Homebuilders by
Mr. Martin L. Bartling Jr., president of the foundation . It was
presented to Mr. Mainz in the
name of Mr. E. M. Spiegal,
deceased Past President of the

N. A. H. B.
The scholarship was awarded
to further research under the
E. J. Burke Chair in Homebuilding, Municipal, and Construction Jurisprudence.
Mr. Mainz will be a student
research assistant to Mr. Cadena
under this project.

San Antonio,



The School of Law is presently housed at 112 College Street
in the heart of downtown San
Antonio in the original three
story building erected by the
three Brothers of Mary in 18 52.
It is in this shrine of education that a portion of the Law
Center will be housed. The interior of the old building will
be re-constructed in elegance;
to this will be added a new ediface which will house facilities
around an open patio or quadrangle five stories high, atop the
Endowment Incorporated building adjoining 112 College Street
where 38,000 square f eet are
now available. This Law Center
fes.sor Walker attended his first
will provide all the necessary fameeting of the Advisory Comcilities for a School of a Unimittee on September 28, 1961.
versity; a School within itself,
under parental jurisdiction of the
University administration.
The building will be completely air conditioned and include the following accommodations: A Law Library containing 100,000 volumes will serve
On Wednesday, September 13,
3 50 students as well as the bench
St. Mary's University School of and bar of the State of Texas.
Law opened its doors for stuAccommodations for 100 residents as it has every year since dent students within the Center
1927. Included in this year's
will be prepared. A sedate Lawenrollment of one hundred and yer's Inn with dining facilities
seventy-three are about forty
and a spacious lounge area, will
beginning students. Orientation be provided for the use of the
for them began at the first asstudents, the faculty, the bench
sembly of the year in which the and bar, and visitors and lecturpresident of the Barrister Club, ers to the School of Law and
Luther Rutherford, introduced the University. Four large classrepresentatives of all of the rooms, four seminar rooms, fif school's clubs and fraternities,
teen private faculty offices,
each of whom urged active parthree student activity offices,
ticipation in all of the areas of together with reception rooms
life at the school. Later, the Bar- and a business office are includrister Club threw its get-ac- ed in the planning. An audiquainted coffee and donut ses- torium with a seating capacity
sion in the school lounge.
for 500 persons completes the
architectural plans. This will be
For the rest of the student used for Institutes and Lectures
body, life fell back into the sponsored by the University and
routine to which they have by its School of Law, and be availnow become accustomed;, esable for such activities of the
pecially so for the twenty- San Antonio Bar Association and
seven hopeful graduates who are civic organizations that contribute so much to the culture of
(Please see Page 4, Col. 3)
San Antonio.

Law Center
Enrolls 173

The St. Thomas More Club
initiated its annual activities by
attending Mass and receiving
Communion on Sunday, October 1, at St. Mary's Cathedral.
The membe,rs then met for
breakfast at the Manhatten Restaurant for an inspiring talk delivered by Mr. Francis Baker and
the election of officers.
Edward Mainz was elected
President of the organization.
John Fashing was elected VicePresident and Roberto Valdez
was named Secretary-Treasurer.
About thirty members heard
Mr. Baker, faculty member and
local practicing attorney, deliver an exceptional and impressive speech, beginning his presentation with a reference to
"God and Law" and developing
his subject so as to cover present
day international and national
issues. He related aethism to
'communism and stressed the


importance of religion in education. He explained the necessity of membersrip in religious
organizations for lawyers such
as the Catholic Lawyers' Guild.
Father Francis Brentine assigned to St. Mary's Parish led

the group in prayer before breakfast.
Mr. Mainz and his Executive
Council immediately took office. Plans were made for full
participation in the Red Mass
on October 26th.

Page Two



(Continued from Page 1)

"A Profess1onal Legal Publication"
Edited and Published by the Barristers
Student Bar Association St. Mary's Umversity School of Law
San Antonio, Texas
Affiliated w1th Amencan Law Student Association
Wmner of second place, Offset Division, A.L.S.A.
Newspaper Contest, 1957, New York


FALL 1961


Editor in Chief.________________________ _________ _ James
______ __


Braniff III

Associate Editors __ ---..--------------------------------------------------Robert Valdez
Edward Saconas
Managing Editor ________ __ ___ ________________________ __________________ John Fashing
Features Editor ______ ____________________________________________________ Charles E. Cantu
Luther Rutherford
Sparta Bitsis
Fil Vela
Fred Clark
A. C. Moser
Edward Mainz

Stewart Alexander
Joe Villarreal
George Guynes
Phlete Martin
F. B. Godinez
John Quinlan

A recent article published in the American Bar News, the news
bulletin of the American Bar Association, stated that by 1970 it
is estimated that the legal services of 73,000 more lawyers will
be in demand if the ratio of lawyers to population is to remain
With the yearly increase in the number of students attending
this nations law schools, this seemingly enormous demand may be
easily fulfilled. However, because of the social responsibility an
attorney must shoulder, quantity alone will not be able to meet
the problems of the people. The number of law graduates must
not be so rapidly increased that quality, so vital to the profession,
is sacrificed.
The American Bar Association has, since 1923, conducted an
intense investigation and accreditation of law schoools. At the
present 132 law schools are accredited by the Association with
2 5 still unapproved. More than 92 per cent of all law students
in the United States now are attending ABA accredited schools.
Law students can contribute much individually or collectively
toward the betterment of their own law schools. The name of their
legal alma-mater shall always be attached to their list of qualifications permitting them to practice law, so whatever one may do
to elevate the status of his school will, in fact, be a personal
gain. The best method for the student to help improve his law
school is for him to endeavor to improve himself, as a lawyer
and as a person. Just as the attorney must prepare his case, so
also the student must prepare himself before he petitions the confidence of the world.
The reputation of the lawyer everywhere and the future of
the profession is dependent upon the quality of the graduates of
our law schools, and as students of the law this future is placed
in our hands. If we abuse this earned privilege to study the law,
we will destroy our own future.


The part time faculty members of St. Mary's Law School
are members of the legal profession who are dedicating a part
of their lives to legal education
so that the other fields of law in
which they are active may benefit . These faculty members
maintain a thorough knowledge
of the fields in which they teach
and are "part time" only in the
sense that they teach fewer hours
per week than the regular faculty. This plan has enabled our
school for the first time to receive the services of Edward



Mr. Penshorn was born in San
Marcos, Texas, but was raised
in New Braunfels. World War
II interrupted his pre-law study
at St. Mary's University. While
in the Air Force, he held the rank
of Captain and served on the
staff of the Thirteenth Bomber
Command in the South Pacific.
In 1947 he returned to St. Mary's University and graduated
from the School of Law in 1950.
During law school he was a charter member of the Tarlton Inn
of Phi Delta Phi legal fraternity
and it's first Magister. Later he
served as President of the Barristers Club. In 19 50 he was selected as the outstanding senior
graduating law student and as a
result he received the John C.
Hoyo Award.
Since graduation in 1950, Mr.
(Please see Page 4, Col. 3)

Many cases I found had been passed pending settlement; one,
two, and even three times at various calls of the docket. In the
average case it should not take long for a lawyer to find out
whether or not his case can be settled; and if not settled, he should
insist on a trial.
Many case files reflected that the case would be dismissed by
one of the parties and that a motion and order of dismissal would
be presented to the Court. Months, and even years, had passed and
no motion or order had been forthcoming. If a case is going to be
dismissed, this matter should be taken care of promptly. Both sides
of a lawsuit ought to insist on this, for until the order of dismissal
is entered the case has not been terminated and the attorneys
ha~e not finished what their clients entrusted to them.
I found case files where summonses had been issued and returned
unexecuted for various reasons, such as the parties had moved out of
the District, had died, or for other reasons; and yet after months,
and even years, the attorneys filing the suit had not proceeded to
amend their pleadings accordingly. Somewhere down the line, these
lawyers were failing their clients.
In all of these cases that I have mentioned so far, justice was
being delayed, and the failings of the attorneys had contributed to
the over-crowding of our. dockets.
I proceeded to write letters to the attorneys, pointing out these
matters, and the results have been surprising.
I then proceeded to set down all cases which had been on
file for more than six months for pretrial conferences, and had the
Clerk send out the notices. In well over fifty per cent of the cases
set down for pretrial, I started receiving phone calls, letters, and
telegrams, asking that I pass the pretrial by agreement of counsel
for the purpose of counsel taking depositions and other pretrial
discovery steps.
Going back to my own practice, I feel that because of my
notices setting down these cases for pretrial, the lawyers involved
had for the first time looked at the files in their offices since
the filing of their last pleading. Lawyers have a tendency to get
busy on other matters and completely forget a file in their office.
When an attorney delays the use of the pretrial discovery procedures
afforded him by our rules, he is delaying justice.
So if nothing else, the setting of a case down for pretrial
conference awakens the lawyers to the fact that they have a certain
case pending.
\V'hen a request to postpone a pretrial conference has been
received by me, I comply with the request, but reset the case for
a certain day, for I am afraid that if I do not do so, the taking of
the necessary depositions, the execution of requests for admissions,
etc., will be further delayed.
\V'hen a lawyer comes to a pretrial conference, he ought to
know his case pretty well by that time, or else a pretrial conference
is fruitless.
It is a well-known fact that a very small percentage of
cases filed are ever actually tried. I find that many cases are
settled when a pretrial conference is had, and many more are
settled when a case is set down for trial. The pretrial conference,
therefore, is an effective tool in getting the lawyers together
to discuss their case, to know the other side's strong points and
weaknesses. Many lawyers on both sides of the docket are afraid
to broach the subject of settlement for fear that they might be
showing a weakness in their case. The judge at a pretrial conference, by just asking the attorneys if an attempt has been made at
settlement, can overcome this reluctance on the part of the attorneys to speak on the subject to each other.
As a practicing attorney, I never thought it right for a judge
at a pretrial conference to force me into settlement, and I still hold
to this view. However, if at a pretrial conference a judge can cut
through to the real issues in the case and can give his opinion
as to what he thinks of the case and its worth, the possibility of
settlement is increased, for the lawyers then have the opinion of
the judge to back up their recommendations to their respective
Since the great majority of cases are eventually settled, why
should not the judge be a help toward this goal?
(Please see Page 4, Col. 1)


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Sierk Appointed






Mr. Carroll Sierk, Assistant
Dean of St. Mary's School of
Law, was recently appointed to
the Law Student Orientation and
Education Committee of the
State Junior Bar of Texas.
The primary purpose of the
Committee is to present a program to the senior law students
concerning job selection, and to
assist in the distribution of the
pamphlet "So You Want To Be
a Lawyer."
Mr. Sierk participated in the
job selection forum held at St.
Mary's last spring. He is the
faculty moderator of the PreLaw Club, which has a greatly
increased membership this year.

Pag~ 'Three



James A. Joy, a 1952 graduate
of St. Mary's Law School, was
appointed District Judge of the
64th Judicial District Court in
a ceremony last August 15.
Born in Foard County, Texas,
Judge Joy attended Texas A&M
College before coming to St.
Mary's. He was President of the
Barrister's Club in 1952.
Judge Joy has served on the
Bar Admissions Committee of
San Antonio, and is a member
of the State Bar and American
Bar, and the Business Law Com-


mittee. His present term as District Judge of Castro, Hale, and
Swisher Counties ends January
1, 1963.


by Robert Valdez

Football is in the air; autumn's brush busily turns summer's
vibrant green leafs into a fallen withered golden brown hue; the
odor of moth balls resurrected as winter dress replaces summer attire; and our hero, the perennial student emerges from the larvalcocoon stage into the adult world of studies. He is now in law
As Mr. Castleberry so aptly salutes n.ewcomers, "Welcome
from Kindergarten." Professor Walker's welcome includes a regular
pounding into the quivering mind of the novice student that law
is a jealous mistress.
"If you have a car, sell it! he suggests.
Dean Raba annually rolls out the red carpet and asks all new
students to look at the students on both sides because, as he says,
"Only one will be here next year and its up to you to decide which
one will remain."
Mr. Cadena cheerfully greets and shakes hands with all the
embryonic students.
Its amazing how rapidly time glides by. A look at the infant
crop, arduously marching from room to room and into the library,
reminds me of last year, when I was just beginning.
I remember Mr. Castleberry's continual stern reminder to buckle
down, using the famous Truman remark, "If you can't stand the
heat, stay out of the kitchen."
What and where are the Southwestern Reporters? How is a
case briefed? What are Black Statutes? Such are questions, which at
first seem to petrify and appear to have no solution.
In the midst of this mighty labyrinth arrive those who snatch
us from the jaws of death.
Persons like Mrs. Merrem, I remember, always went out of their
way to help.
R. Emmett Cater, then president of the Barrister's Club, continously urged the frightened student to continue.
James Langham traveled from table to table in the library, giving invaluable instruction on the art of briefing a case to the justbaptized student.
Of course, Dr. Yao's door was always open.
This year the scene is still the same. Only the actors have
changed. It is now apparent why tireless workers like Cater and
Langham, to name two, went out of their way to help.
Soon, if not already, students will be approached and asked to
invest money in canned briefs and notes prepared by other students,
which are supposedly the sure-fire stuff for getting a passing mark.
I can only say one thing, don't throw away your. money. I
strongly urge all beginners to do their own work, even if primary
attempts result in briefs twice the size of the case being briefed.
Don't feel discouraged if an upperclassman briefs several cases
before you complete one. Remember speed and accuracy are the
result of perseverance, and can only be possessed by sheer hard work.

Welcome freshman! you became a member of the American
Law Student Association when
you entered Law School. As a
member, why not be an active
Everyone in law school should
devote some of their time to an
extracurricular act1v1ty, and
there will be several activities in
the ALSA in which you can
In all probability the audiovisual committee will again have
it's chair at St. Mary's and at
least eight or ten students will
be needed to man the committee.
Another activity which may
interest you will be the formation of a student wives club. In
order to better home-school relations, plans are being made to
form this club. Anyone interested in helping to organize this
group should contact John Quinlan.
A prime object this year will
be to organize a pre-law club on
the main campus. There has been
an enthusiastic response to this
idea, but more volunteers, especially those who took their
pre-law on the main campus, are

On Friday, August 11, representatives of the San Antonio
Bar Association, the San Antonio
Chapter, Texas Society of Certified Public Accountants, the St.
Mary's University Law School
faculty, local bank officers, and
local C.L.U.s met at the Law '
School and selected Stanley
Schoenbaum and Neal Sheffield
as co-chairman of the St. Mary's
Fourth Annual Institute on Federal Taxation and Estate Planning. Attorney Schoenbaum has
served as chairman of the last
three such institutes. He has lectured at various tax institutes
throughout the country and
taught numerous tax courses at
the St. Mary's University Law
School. Mr. Sheffield is VicePresident of the San Antonio
Chapter, T.S.C.P.A. Working
closely with Mr. Schoenbaum and
Mr. Sheffield in planning the
institute is Carroll Sierk, Assistant Dean of St. Mary's Law
School. Bar members are invited to send their suggestions
of topics and speakers for the institute to Mr. Schoenbaum or
to Mr. Sierk.





Delta Theta Ph

Phi Delta Phi

Brother "Mike" Martinak will
preside as Dean of Bickett Senate as thirty-four Delta Theta
Phis return for the fall semester.
Assisting him will be Charles
Cameron, Vice Dean, Joe Hernandez, Clerk of the Rolls, Joe
Villareal, Clerk of the Excheque, Lou Rutherford, Master
of the Ritual, George Adams,
Baliff, and Clarence Lyons, Tribune.
Among those returning will
be the newly-initiated Brothers
added to the rolls last spring.
They include : Edward Mainz,
Graham Nugent, Alfred E.
Wright, Don H. Crawford, Baldemar Jimenez, John C. Blanton, Dr. Carl J. Walker, Bill
M. White, Robert Graham and
Robert E. Perman. The officers
and members recently enjoyed a
luncheon and business meeting
at the Tower Life Building.
Brother Clem Lyons and his
wife, Ginny, attended the 4day National Convention in Atlanta, Georgia, this past summer at which time he presented
the Tribune's · report. Clem also
nominated Delt Jim Brady to
the National Supreme Court of
Delta Theta Phi.
Dean Martinak has announced
that the night of October 19,
1961 , has been set aside for
the first rush party of the season. The event will be held at
the Officer's Open Mess at Lackland AFB in honor of the eligible
rushees. All Delts are encouraged to reserve this night for that
occasion. The fraternity has also
announced a Stag Affair will be
held with the date to be announced in the near future.
Congratulations are in order
for seven Delts appearing on the
Dean's list this summer. Brother
AI Leopold lead the day division, while John Blanton was
first in the night school. Other
delts appearing on the honor list
(PJease see Page 4, Col. 3)

Congratulations are extended
to those members of the student
body who by their scholastic
achievement have become eligible
for membership in Phi Delta Phi
honorary legal fraternity. The
Fraternity is anticipating its fall
introduction parties, tentatively set for October 21 and 22 .
Phi Delta Phi also extends
congratulations to the St. Mary's
Law School Graduates who passed the state bar exam in June.
The Fraternity is pleased to take
notice that all Phi Delta Phi's
taking the Exam made qualifing
grades. They were: J. Paul Fly,
Marvin Lehmann, Norman Paul,
and Bill Burke. Brothers Lehmann and Fly were among those
receiving the highest marks.
Another honor has been extended to one of our Phi Delta
Phi Faculty members. Mr. Orville Walker has been appointed
by the Supreme Court of Texas
to its Civil Rules Committee.
We are very happy to congratulate Mr. Walker. The Fraternity
held its 35th Biennial Convention at the Shoreham Hotel in
Washington, D. C. September
4-7. Tarlton Inn's delegate, Fred
Clark, reports that the enthusiam
displayed at the convention was
very inspiring. The delegates enjoyed conducted tours which included the United States Supreme Court Building, the Capitol Building, the White House,
and the laboratories of the Federal Bureau of Investigation.
Brother Elvis J. Stahr, Jr., Secretary of the Army, made the welcoming address. The honorable
Norris Darrell, Phi Delta Phi
from New York City and President of the American Law Institute made the principal address at the Convention Banquet.
Brothers Damon Ball, Fred
Clark, John Leger, Vince Narciso, and Richard Storm, were
placed upon the Dean's Honor
(Please see Page 4, Col. 3)






When on attorney app o ints Bexar County Not ional Bank as the executor
and trustee of an estate, he does so with t h e assurance that all matters
will be 1udged impart ially, t hat the bank w il l be on the 1ob always- con ·
tinuing to work hand in hand with the estate's attorney on all legal
matters .



Page Four

(Continued from Page 2)
am told that the majority of federal judges are now holding
their pretrials in open court. I, for one, hold to the view that the
best place to have the pretrial conference is in chambers without
a record being made, where the lawyers and the judge can talk freely.
If at the pretrial conference an attorney freely and conscientiously sets out his contentions and the evidence that he intends
to present in upholding his contentions, each side can then fairly
estimate the value of the case.
In every case in which I have a pretrial conference, I ask the
lawyers to try to come prepared with a pretrial order that they are
both willing to sign, and to contact each other in this regard.
When a pretrial conference is terminated, I insist that a pretrial
order be filed.
The pretrial order reduces the issues to be resolved. It gives
the judge an opportunity to tell the jury what a case is about
without having to thumb through a myriad of pleadings. It helps
the judge in the preparation of his charge to the jury; or if a nonjury case, for the judge to look for the evidence that will decide
the issues, or for the judge to inquire about matters not clearly
brought out by the parties.
So the pretrial conference, when the lawyers are fully prepared for it, is an effective tool in the administration of justice.
The pretrial conference in which parties agree to the authenticity of exhibits, relevancy of the same, etc., can save hours of
court time. If issues of law are going to be raised, they should be
raised at the pretrial conference so the judge can make his ruling
in advance. This tends to do away with the many side-bar legal
conferences that usually attend a trial, that make jurors feel that
their time is being wasted or that something is being withheld
from them.
At my pretrial conferences, I inquire as to whether there are
any motions in limine to be filed by either party on matters that
they think the opposing party will bring out that they feel should
not be brought out. I can rule on these motions before the trial,
and the time of the court and jury will not be wasted.
If a party knows that he is going to object to the introduction
of certain evidence, why shouldn't he object to it before hand; and
what better place to do it than at the pretrial conference?
In a regular run-of-the-mill personal injury suit, why should
it be necessary to bring the X-ray technician that took the X-rays,
or the custodian of the hospital records, to prove up the same? At
the pretrial conference, the authenticity of these records can be
agreed upon.
The pretrial conference, therefore, can be a time saver in the
conduct of a trial; and each lawyer should strive to this end so that
our judges can be free to dispose of other cases that have to be
From my ramblings so far, it can be determined that a vretrial conference does the ±allowing things:
1. Keeps the docket up to date and provides calendar control
for the court;
2) Provides an opportunity for the attorney to assure himself
of a prompt trial;
3) Resolves many issues prior to the actual trial and crystalizes
those issues to be determined at the trial, thus saving valuable
trial time; and
4) Provides effective machinery for settlement.
To the young lawyer who is just starting out, I would make
the following recommendations:
1) Live with your case from the day it gets into your office
until you have disposed of it. If you live with it, you will not
allow it to die on the vine or to wither. You will see that everything
is done on pretrial discovery matters that has to be done. You will
have your case ready for trial if necessary, and if you are ready and
justice is delayed, it will be the fault of the court, and not your
own. I found in my practice that if I started taking .depositions,
or sending out requests for admissions, the other side would do
likewise. If you are on your toes and actually working on your
client's case, your adversary will of necessity have to do likewise.
2) When you feel that you are ready with your case, ask for
a pretrial conference if the Court does not do so. Since many
of our Federal District Courts will not set a case down for trial
until it has been pretried, your insistence on an early pretrial
conference, once you are ready, is of the utmost importance .
3) When you come to a pretrial conference, don't be afraid to
expose your case to your adversary. You will find the average
judge, if you take this attitude, helpful in getting your adversary
to do likewise.
Whether you are a plaintiff's or a defendant's attorney, never
be a party to the delaying of justice. If you know your case,
there should never be any reason for you to be afraid to try it. And
if you know your case, at a pretrial conference you will be given
an opportunity to know it from the other man's point of view.
There is no reason, then, why every lawyer should not use the
pretrial conference as an effective tool in the administration of
112 College Scree!
San Anronio, Texas

Non-Profit Organization·
San Antonio, Texas
Permit No. 787

(Continued from Page 2)
Penshorn has continued in a general practice of law in San Antonio. Some of his time has been
devoted to civic affairs including the Community Welfare
Council, the Bexar County Tubaculosis Association, and the
American Legion. He has also
served as an executive secretary
of the Bexar County Democratic
This fall he is teaching Labor
Law. Although he has not confined his own practice to this
fie 1.d, he has had considerable
experience in it becaues of his
contact with the National Labor
Rdations Board in his law practice. He said in his comment on
labor hw that a law student
should study it as he will more
than likely encounter several
phases of labor-employer relat:ons when he gets into his own
general practice.
(Continued from Page 3)
were Lou Rutherford, Edward
Mainz, Joe Villareal, D. F. Martinak, and Robert Perman. It is
significant to note that six of
the eight honor students of the
day school were Delts, exemplifying the fact that the membership is capable of scholastic excellence.
The Alumni Senate held its
monthly meeting September 27th
in the Gunter Hotel with members of the student senate attending. Cocktails and dips were
served to the delight of all. A
special invitation is extended to
all Alumni members to participate in the activities of Rush
Week. See you at the Officer's
(Continued from Page 3)
Roll, Evening Division, for the
summer. Brother James Langham was placed upon the Dean's
Honor Roll, Day Division. The
Fraternity wishes to thank Brother Langham for his work in
compiling the latest amendments
to the Texas Statutes by the
57th Legislature and making it
available to the Students of the
Law School.
The Fraternity wishes also to
recognize the work and leadership of Brother Richard Storm
in promoting the newest club at
the law school, the Young Republicans Club.
(Continued from Page 1)
entering their last few months
at the School of Law.
Last year's graduates again
upheld St. Mary's excellent rating at the bar exam as 3 1 of
33 passed for a percentage of 94.
High mark for the St. Mary's
m en w a ~ R ~ , al . ' . d a m ~ .vith a.1

At the end of each semester those students who have completed
two full semesters of law work, and whose cumulative average places
them in the upper ten per cent of the total student body are placed
upon the Dean's Honor List, as students of academic distinction
and their names are recorded as a matter of permanent record.
Only those students carrying a normal load or more are eligibe.

- 1.


8 5.8

Leopold, Aloysius
Langham, James B.
Munson, Houston
Rutherford, Luther
Mainz, Edward
Villareal, Joe
Martinak, Delano
Perman, Robert Ensor

8 5. 5



79 .2

Blanton, John Charles
Ball, Cecil Ramon
Clark, Fred Ray
Narciso, Vincent Joe
Storm, Richard Dean
Burris, John Howard
Leger, John Henry


For your

A complete




-.·.... ·

Our policy of retaining the
attorney designated by the
Testator or Trustor is one of the
reasons why so many Texas
attorneys rely on the Trust Department of the ALAMO NATIONAL





St. Mary's University School of Law, “Barrister News, 1961 Fall, V. 9 No. 2,” St. Mary's Law Digital Repository, accessed October 20, 2018,

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