Category Archives: Business

Know Your Legal Rights….A Talk With Renown Attorney Bob S. Bennett

Know Your Legal Rights….A Talk With Renown Attorney Bob S. Bennett

By Keryl L. Douglas, Esq.

Knowing their legal rights is imperative for laypersons, especially when confronted by authority or legal challenges; and so it is with experienced lawyers as well.  As evident from his very own personal confrontation with authority and legal challenge from the State Bar of Texas, it was imperative for Attorney Bob S. Bennett to know and diligently pursue his rights.  “They generally get it right; but when they get it wrong, it is devastating,” Bennett said of the State Bar and persons who get unjust outcomes.

Interestingly, one of Bob Bennett’s very ardent and unwavering supporters entirely convinced of Bennett’s innocence, legal experience, and character was Anthony Graves, who had been represented by Bennett since his exoneration after unjustly serving more than 18 years behind bars for murders he did not commit.  He was released on Oct. 27, 2010. As you may recall, Anthony Graves was the innocent man wrongly convicted of the 1992 multiple murders of Bobbie Davis (45), Davis’ daughter (16), and four grandchildren. Bennett began representing Graves after his exoneration when the former Texas death row inmate filed a grievance with The State Bar of Texas imploring discipline for the prosecutor who got him wrongfully convicted him of capital murder.  Bennett and Graves prevailed and the Prosecutor Charles Sebesta, with 25 years experience, was disbarred.

Robert Bennett is touted to be one of Houston’s renowned attorneys in the areas of Medical and Legal license defense.  For professionals, maintaining and protecting their licenses is a priority.  Bennett has defended professionals and their licensing for at least the last two of his approximate four decades of legal practice.  Then, in 2014, he found himself similarly faced with one of the worst kinds of threat to a legal license – disbarment.

Americans spend over $100 billion in legal fees every year. Lack of communication by consel and Fee disputes are among the leading causes of State Bar Complaints and Legal malpractice claims. Some clients file grievances in attempt to avoid paying fees legitimately and rightly owed to attorneys.  Bennett’s experience soberly shows, not even attorneys considered “great” are immune to such challenge to their licenses.

A client of Bennett filed complaint alleging failure to return fees pursuit to Rule 1.15(d).  Ultimately, after appeal, the conviction and/or disbarment on that claim was reversed by Appeals Court; its Opinion stating there was “legally and factually insufficient” evidence to support the finding of the lower Court .

In 2014, after a three day trial before then Judge Carmen Kelsey, Judge Kelsey ruled disbarment of Bennett rather than the two year suspension requested by the State Bar attorneys. Bennett appealed. A litany of people proffered encouragement, confidence in his character and practice of law (including Anthony Graves},  wrote letters, filed amici briefs, volunteered to testify at trial.  Many disagreed with the ruling and believed Judge Kelsey lacked the adequate experience to hear and properly rule on the case. Lillian Hardwick, Co-Author of “The Handbook on Texas Lawyer and Judicial Ethics,” considered an expert on such matters, told the court that the civil wrongs of breach of contract and breach of fiduciary duty can’t be equated to violations of the disciplinary rules.”

(Knowing his legal rights), Bennett appealed his case.  For further inquiry, the case is Robert S. Bennett v. Commission for Lawyer Discipline, case no. 14-14-00470-CV, Fourteenth Judicial District Court of Appeals for the State of Texas.  In 2016, the Texas Appellate Court reversed the infamous disbarment of Atty. Bennett, and he is back to what he loves: offering expert defense to professionals who’s licensing is under threat.  Bennett said he was very pleased with their argument before the Appeals Court, elated with the outcome, and very optimistic about the remaining issue of rule 3.02.  Interestingly, Judge Carmen Kelsey lost her bid for re-election.

Bob Bennett’s personal experience/confrontation is a “case study” for lawyers and laypersons alike. Bennett has offered CLE’s on relevant issues for many years before he found himself in similar circumstance.  While he and others feel the actions against him were unjust and unwarranted, he moves forward, using his experience to further help others. CLEonline.com has a program based on the grievance disciplinary case involving Bennett’s case which essentially involved every single facet of the grievance  process, from initiation to conclusion.

Groups around the nation are calling for reform: transparency, fair judicial processes, uniformity and lack of bias in grievance/disciplinary processes, investigations, findings and decisions by State Bars; more easily accessible and consumer-friendly processes and websites, etc.  Attorney Bob S. Bennett said” The Sunset Review Committee is working with the Texas State Legislature regarding reform of the Texas State Bar.”  The Houston Sun anticipates reporting on the outcome of this reform effort.

A complete video of the Bob S. Bennett Interview may be found soon on the Houston Sun website, as well as at https://vimeo.com/200990526/c96479cd89, and other sites.

Deferred property tax payments announced

Once the affidavit is on file, taxes are deferred – but not cancelled – as long as the owner continues to qualify for the exemption.  Taxes accumulate with 8 percent interest per year.  The law extends the tax deferral to the surviving spouse of the person who deferred taxes on the homestead if the surviving spouse was at least 55 years old when the deceased spouse died.

“Homeowners who are 65 or older or disabled also should be sure they have applied for and received the appropriate homestead exemptions.   These exemptions will reduce future tax burdens, and the tax savings from homestead exemptions are theirs to keep,” said Chief Appraiser Roland Altinger.

A filed tax deferral affidavit keeps homeowners from losing their homesteads because of delinquent property taxes.  A pending sale to foreclose on the homestead’s tax lien will also cease as a result of filing a tax deferral affidavit.  In addition, no taxing unit can start or continue a lawsuit to collect delinquent taxes once an affidavit is filed.  There are no penalties on delinquent taxes during the deferral period; however, a tax deferral does not cancel penalties that were already due.

“Homeowners with a mortgage on their home should first check with their mortgage company to make certain the deferral does not violate the terms of the deed of trust securing the mortgage on the property.  Most deeds of trust require that taxes be paid currently,” Altinger said. 

All deferred taxes and interest become due when the homeowner or surviving spouse no longer qualifies for the exemption.  If the tax debt remains unpaid at that time, penalties may be imposed and taxing units may take legal action to collect the past due amount.

For further details about property tax deferral, contact the Harris County Appraisal District’s information center at 713.957.7800 or visit the district’s offices at 13013 Northwest Freeway in Houston. Information can also be found online at www.hcad.org under “Resources > General Information > Frequently Asked Questions – Tax Deferrals.”  Information is also available on the Comptroller’s Property Tax Assistance Division’s website at www.window.state.tx.us/taxinfo/proptax/.

About HCAD

The Harris County Appraisal District is a political subdivision of the State of Texas established in 1980 for the purpose of discovering and appraising property for ad valorem tax purposes for each taxing unit within the boundaries of the district.  The district has more than 1.7 million parcels of property to assess each year with a total market value of approximately $556 billion.  The appraisal district in Harris County is the largest in Texas, serving approximately 500 taxing units, and one of the largest appraisal districts in the United States.  For further information, visit www.hcad.org.

Experts warn that Black homeownership is endangered as primary wealth building tool

"Institutional denial of access to mortgage credit is the single-most detrimental factor obstructing wealth building among Black Americans," says Ron Cooper, president of NAREB, the nation's real estate trade group dedicated to increasing home ownership for Black Americans and ensuring they receive fair and equal treatment throughout the home buying process.

WASHINGTON–Annual Legislative Conference cautioned that mortgage lending disparities coupled with public policies and inactions by governmental institutions conspire to impede the growth of Black homeownership.  the State

Ron Cooper, President National Association of Real Estate Broker
Ron Cooper, President National Association of Real Estate Broker

of Housing in Black America (SHIBA), the 2016 homeownership rate for Blacks was 41.7%, lower than the national homeownership rate during the Great Depression years of the 1930s. By contrast, the 2016 homeownership rate for non-Hispanic Whites was 71.5 percent.Congresswomen Barbara Lee (D-CA) and Sheila Jackson Lee (D-TX) both remarked that the targeting of minority communities, loss of equity, loss of the pathway to wealth accumulation in the Black community is why homeownership needs to increase.

“The continued institutional denial of equal access to mortgage credit is the single-most detrimental factor obstructing wealth building among Black Americans. NAREB is issuing a clarion call to lawmakers, regulators, government agencies, and lenders that a change must and will come. No longer will Black Americans be locked out,” said Ron Cooper, President of NAREB formed in 1947 to ensure equal and fair access by Blacks to own homes and opportunity for Black real estate professionals.

Congressman Gregory Meeks (D-NY), in his Issues Forum remarks, he  said that homeownership is the most important investment in the Black community and further stated that the data contained in NAREB’s report revealed that mortgage originations among Black borrowers continue to decline well after the financial crisis.  He added, “While I agree that we do not want to return to the excesses and abuses of the past, we must still find a way toward responsible lending for creditworthy borrowers, including those borrowers of modest means. Policies must be set in place to ensure affordability and increase access to mortgage credit, and there’s an essential role the government must and should play in that process.”

NAREB’s CBCF Issues Forum panelists echoed the mantra that Blacks are victims of a separate and unequal financial system that does not adequately evaluate or reflect a borrower’s real ability to pay. Current credit models are outdated and do not look discrimination in the face.  Expert panelists included: James H. Carr, co-author of the SHIBA Report, Professor of Urban Affairs, Wayne State University and Coleman A. Young Endowed Chair; Nikitra Bailey, Executive Vice President, External Affairs, Center for Responsible Lending; Larry Parks, Senior Vice President, External and Legislative Affairs, Federal Home Loan Bank of San Francisco; Maurice Jourdain-Earl, Managing Director, ComplianceTech; Lisa Rice, Vice President, National Fair Housing Alliance, and Mark Alston, Chair of NAREB’s Public Affairs Committee. Panelists universally agreed that lenders continue to use these instruments that work to deny Black borrowers a mortgage loan when other credible models exist, but are not widely used by lending institutions.

Fitch Releases Preliminary Analysis of Pension Reform Plan

According to Mayor Sylvester Turner’s communication staff Janice Evans released that in the first analysis of Mayor Sylvester Turner’s pension reforms by a financial market expert, Fitch Ratings writes the proposal “includes reforms to benefits and contribution practices that could improve the sustainability of the city’s pensions.”  Fitch also comments on the plan’s use of Pension Obligation Bonds, noting this is not deficit financing because the POBs will replace an existing liability rather than as a substitute for the City’s required annual pension contributions.

“This early validation from a global leader in credit ratings and research is encouraging and a sign we are on the right track,” said Mayor Turner.  “The plan we have put forth is the only plan that provides both immediate and long-term financial benefits and takes the pension issue off the table for good.”

The proposal the mayor will present to state lawmakers for consideration in the upcoming 2017 legislative session will immediately reduce and later eliminate the City’s $7.7 billion unfunded pension liability and costs considerably less next year and every year after when compared to what the City would need to pay in the absence of reform. The plan includes:

  • Benefits changes that immediately reduce the unfunded liability by $2.6 billion while still maintaining defined benefit plans for City employees
  • A closed 30-year payoff period
  • $1 billion in POBs
  • A more realistic rate of return of 7% for future investments
  • A requirement that the city makes the full required annual contributions to the pension systems
  • Limits on annual costs going forward and mandatory negotiations on benefits changes to bring costs back in line if they exceed the specified limits

According to Fitch’s analysis released Friday, “use of POBs alone typically is insufficient to correct underlying sustainability concerns and provides only temporary relief in the absence of broader reforms. However, POB use in conjunction with reforms to benefits and contribution practices increases the odds of strengthening funding positions and improving long-term sustainability.”

Fitch and other credit rating agencies have previously cited Houston’s pension liabilities and voter-imposed revenue cap as credit concerns.  Once the City’s pension problems are fixed, Mayor Turner has said that he will ask voters to repeal the revenue cap. 

Mayor Turner intends to ask City Council to approve his plan within the next few weeks.  Bill filing begins in Austin in mid-November.

Keisha N. Brown (KB) named Executive VP, President and Chair of new health and wellness practice

 

LOS ANGELES — LAGRANT COMMUNICATIONS (LC), a multicultural integrated marketing communications agency, announces the promotion of Keisha N. Brown (KB) to executive vice president and chair of the new Health and Wellness Practice. As chair of the practice, KB will drive creative solutions for all of the agency’s healthcare clients.  With more than two decades of healthcare experience working with clients on a local, regional and national level, LC is excited to launch their Health and Wellness Practice with a skilled professional that works across all disciplines and cultures.

“I look forward to leading the new Health and Wellness Practice at the agency and utilizing my experience and passion to make a difference in the lives of African Americans and Latinos,” said KB.  “I have worked on health care accounts for more than 20 years, and understand the challenges that impact behavioral change to make our communities healthier and people live longer.”

KB brings a wealth of experience, insight, and maturity to the Health and Wellness Practice. She has worked with corporate, not-for-profit and government clients, including American Cancer Society, Robert Wood Johnson Foundation (RWJF), Novartis and the Office of National Control Drug Policy, to name a few. Relying on her keen understanding of health disparities and cultural nuances amongst African American and Hispanic communities, KB has successfully executed award-winning campaigns with multi-million dollar budgets and led multidisciplinary teams. She now manages the advertising and marketing account for Covered California, educating African American consumers about their services and maximizing the number of Californians enrolled in health insurance coverage. In addition, under KB’s leadership, the team will focus on entities such as hospitals, healthcare plans, not-for-profit, government, biotechnology and pharmaceutical companies

“KB is the biggest success story of the agency’s internship program,” said Mr. Kim L. Hunter, President, and CEO of LAGRANT COMMUNICATIONS. “She is the epitome of what an IMC specialist is and does. KB is one of the few communicators that has a good understanding of the three disciplines (advertising, marketing, and public relations) and how they intersect with one another to create a truly holistic campaign.”

 

As a 21-year veteran of the firm, KB is an integrated marketing communications specialist that has successfully executed integrated advertising, marketing, and public relations campaigns for clients such as L.A. Care Health Plan, The Los Angeles County Department of Public Health and the Martin Luther King Jr., Community Hospital.

Throughout her career, KB has been recognized for her work and expertise in multicultural communications. Most recently, the firm received the Healthcare Public Relations & Marketing Association (HPRMA) Golden Advocate Award for the launch of the L.A. Care Covered

The campaign, a project headed by KB. Johnson Publications, the publishers of Ebony and Jet magazine, also named KB “One of the Most Outstanding Women in Marketing and Communications” and PRWeek Magazine featured her in a roundtable discussion regarding diverse viewpoints on multicultural communications.

The Los Angeles native holds a bachelor’s degree in journalism with an emphasis in public relations and a minor in business administration from Howard University in Washington, DC.

 

 

National Youth Commission Advocating for STEM Public Policy in Washington, DC

 
HOUSTON – September 8, 2016 –  The National C-STEM Youth Commission is traveling to Washington, DC September 14-18 to advocate for STEM Public Policy that impacts minority and female engagement in high-quality STEM programs during/after-school.  The C-STEM Youth Commission has formed ten months ago and consists of a group of (10) high school students from Houston, Texas and Detroit, Michigan.  The Youth Commissioners have been invited to brief The White House on their STEM white paper, “The Case for Implementing a Common Science, Technology, Engineering and Mathematics (STEM) Definition to Improve Upon Access to High-Quality Enrichment Programs for Minorities and Females”.  
While in Washington, DC, the Youth Commissioners will attend Congressional Black Caucus Foundations Annual Legislative Conference where they will participate in Congresswoman Eddie Bernice Johnson’s STEM Brain Trust, “The STEM Melting Pot: Addressing the Importance of Diversity”.  Funding to support the Youth Commissioner’s STEM Public Policy Advocacy work is from a State Farm Youth Advisory Board Grant, Women’s Energy Network Houston, and Education Consulting Services, LLC.
STEM roles are growing twice the rate of all other jobs. According to Duke Fuqua School of Business (2016), there are currently 97 defined STEM occupations. Current economic forecasts, projects, that there will be 8.5 million NEW STEM jobs by 2020, however, there is no guarantee the talent will be available domestically to fill those jobs. Currently, only 40% of students who enter college intending to major in a STEM field complete a STEM degree within five years. Women now represent the largest percent of college graduates, however, less than 22% choose to pursue degrees in a STEM field.   Further, 60% of job openings now require basic STEM literacy, and 42% require advanced STEM skills. “The largest deficit in filling STEM job openings is the untapped potential and knowledge of minorities and females,” said Dr. Flowers.
Houston area State Farm Agent Tiffany Jones presented C-STEM Youth Commission with the $86,000 Youth Advisory Board grant that launched the program in 2015. Jones said the funds help the organization reach its goals to positively impact local youth; “The C-STEM Youth Commission project helps students gain a better understanding of STEM-focused education and pursue STEM-related careers. We’re proud to continue our support of those efforts through a State Farm Youth Advisory Board grant.”
“I am excited about the STEM public policy advocacy work being led by students on behalf of students. These are high school students who are currently experiencing STEM opportunities being offered at their schools and in their communities. Who better than they to share and advocate for improvements in STEM education on behalf of youth nationally.  The Youth Commissioners are very passionate about their work and I am looking forward to seeing them in action in Washington,” said Dr. Reagan Flowers, Founder, and CEO of C-STEM. 
Communication, Science, Technology, Engineering, and Mathematics (C-STEM) is a Houston-based education nonprofit 501(c)(3) that provides hands-on, STEM-focused learning opportunities to underserved and socio-economically disadvantaged students in grades Pre-K through 12, professional training in STEM education, and internships for college/university students.
For more information on C-STEM, email us at info@cstem.org
Founded in 2002, C-STEM Teacher and Student Support Services, Inc. has impacted more than 200,000 Pre K-12th-grade students nationally. The organization is dedicated to developing STEM talent pipelines, bolstering self-confidence, and fostering a well-rounded mastery of the areas of communication, science, technology, engineering, and mathematics. C-STEM is closing the STEM academic achievement gap for students and the STEM skills development gap of teachers. For additional information, visit www.cstem.org.
 

Amber Cloud, Self-Made Musician

Amber Cloud in her studio at S.H.A.P.E. Community Center.
Amber Cloud in her studio at S.H.A.P.E. Community Center.

Developed as a Self-Help for African People through Education, or (S.H.A.P.E.), this particular community center at Live Oak Street in Houston has continued over 47-years-of-existence with hard-working staff members and volunteers. One of the new standouts of this center is Amber Cloud, who realized at a very young age that music was for her.

“I started liking music when I was ten-years-old. I knew that it was something I was passionate about,” Cloud said.

Having trouble with reading and writing at first, the Katy, Texas native broke that habit by learning to read and write music. As she read and wrote music on a day-by-day basis, she fully understood literacy. She would be able to do all she can with her literacy, only to do it more with music.

“I understood music when I read and write it. It took so much out of my time, but I enjoy doing it, and I love making music,” Cloud soundly said.

Cloud, 25, began to invest in recording equipment at 15 years old. Following her high school graduation, she initially attended Houston Community College (HCC) onto the University of Houston (UH), until constant support from Texas Southern University (TSU) convinced her to transfer and remain there until she walks the stage with a bachelor’s in Business Marketing.

“It was the mentors and the relationships at Texas Southern that led me to come and maintain my passion for music and creating it,” Cloud said.

She felt that music will keep people out of trouble. She would fulfill that feeling by making her own studio at S.H.A.P.E on Almeda Road. The Live Oak center is also called SHAPE, but without periods.

Within the S.H.A.P.E. Community Center, it provides activities and programs that not only strengthen families, but also the community. Because of this, S.H.A.P.E. would eventually become an award-winning place, which includes an MLK Humanitarian Award. One individual who visits Cloud at S.H.A.P.E. is Najwa Malveaux. Najwa Malveaux, Cloud’s friend, recalls on how they became close eight months ago.

Amber Cloud's music studio
Amber Cloud’s music studio.

“I could tell she is an articulate person. I met her at a coffee shop, and when I spoke to her, she was a real introvert, and we hung out ever since,” Malveaux said.

Her mentor, Laurence Payne, describes Cloud as a person with four P’s: passion, purpose, persistence, and perseverance.

“You have to be able to articulate your vision verbally and in writing. She articulates her vision verbally and in writing,” Payne said.

What Payne has done in the community is not only being a TV host of HCC’s Dialogue Houston, he has provided service to help individuals become successful human beings. He did the same with Amber by instilling intentionality and mindfulness to her.

“I also told her about medi-flect- that is meditation and reflect combined. If you have those two traits and medi-flect, you can do anything,” Payne said.

Angela Cloud, Amber’s mother, knows that her daughter is really trying to make it happen.

“She is a visionary. She has a love for music,” Angela said.

Amber’s mother is very, very proud of her. Her daughter is a go-getter and very focused on her music.

Amber’s ongoing project is her studio, which she plans to not only modify, but also have to create her music and record. Now that she is a musician, Cloud will be made into a successful one, and feels that musicians aren’t born, they are made.

Amber Cloud
Amber Cloud

Vote for Dorris Ellis #55 daily for Houston’s Hometown Hero

Please click and copy the below link to vote for Dorris Ellis as a Houston Home Town Hero sponsored by  97.9 The Box radio station. Place the link in your browser in the URL window to proceed. She has been nominated by her daughter, Dorcaus Robinson. How loving of her to do this. Therefore, your help is needed daily. Register first, go to the word “last” and backspace to #55 and vote for Dorris.

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