Learning Law: the DA Way

McKenna Nonnenmann

For our mid-semester Pre-Law Society meeting, we had the honor of meeting Walker County District Attorney Will Durham. Born and raised in Huntsville, Durham carries a lot of pride for his hometown, and after a successful career as a personal injury attorney, followed his “calling” into public service.

Durham went through the structure of the District Attorney’s office, laying out the office’s divisions, responsibilities, staffing, and community involvement. This structure includes divisions for hot checks, protective orders, other misdemeanors, felonies, and victims assistance. The DA also uses interns from SHSU!

Durham also went in depth about some of the updates he made in the office, primarily making it as efficient as possible through the purchase of software and other technology. Now, for example, all discovery can be done electronically, saving costs in terms of copies (and trees). Moreover, Durham described his hiring philosophy, as the 3 Hs. His office wants lawyers/staff who are hungry, happy, and humble. In other words, he wants people who are eager to learn and work, will bring a good attitude to the office, and keep the focus on the public service–not themselves.

We were very grateful for Durham’s enlightening presentation, and I know many in the room are looking forward to applying for internships at the DA’s Office.

That was not the meeting’s only business, however. We also had our normal business matters, as well as elections!

Of our existing officers, VP of Finance (Emily Albright), VP of Membership (Nicole Erazo) and Historian (me!) were unopposed. VP of Marketing (Ariza Martinez) has only one meeting left before graduating, and Cinthia ran unopposed to succeed her. But for President and Secretary, there were challengers.

Olivia Discon came into the meeting as “interim president,” and she quickly distinguished herself as a hands-on officer, working to gain more involvement and greater campus and community participation. Yliana Santillan, a junior at SHSU, challenged her, with Ms. Discon emerging victorious.

Jasmine Crooks has served as Secretary for the past year, and she was challenged by Jessica Cuevas, who first joined the organization in the fall of 2021. Following their presentations, the vote showed Ms. Cuevas as the winner.

As always, we are grateful for all the people who decided to run for office and serve the organization, and we hope those who came up short in the elections will still find ways to contribute their considerable talents to the organization.

Most of all, we are grateful for Mr. Durham for his wonderful and educational presentation.

We’ll see everyone at the November 15 meeting!

Law Schools Ask: To ChatGPT or not to ChatGPT?

ChatGPT was released for public use on November 30, 2022. Because law firms are starting to use ChatGPT, some law schools, such as the University of Tulsa College of Law, are incorporating how to use ChatGPT ethically into their law school required legal research and writing courses.

There is no consensus among law schools, however, regarding the issue of allowing applicants to use ChatGPT in the law school admissions process, especially in the personal statement requirement. Dean Sue Ann McClellan, Assistant Dean of Admissions at the University of Memphis Cecil C. Humphreys School of Law, explains that the Memphis law school now asks applicants to acknowledge that the personal statement is their own work product and that the applicant did not utilize AI/ChatGPT. The University of Michigan University Law School bans ChatGPT in law school applications. In contrast, Arizona State University Sandra Day O’Connor College of Law allows law school applicants to use ChatGPT in their law school applications, including in their personal statements. Arizona State’s law school requires that law school applicants must disclose if they used AI tools, similar to the requirement to acknowledge if they used a professional consultant.

 Interestingly, Troy Lowry, Senior Vice President of Technology Products at lsac.org, compared law school applicants’ personal statements with the proctored, timed LSAT writing samples written by the same students. Lowry found that “AI managed to predict correctly better than two-thirds of the time whether the author was the same or not and provided reasons to support its predictions.”

Therefore, what are the best practices for a law school applicant regarding the issue of using ChatGPT?

First, an applicant should always review and follow the policy regarding use of ChatGPT for each law school to which the student is applying. Secondly, and most importantly, understand that your personal statement, written by you as opposed to ChatGPT, will be more authentic because it is your unique story. Your personal statement will allow the law school admissions committee to understand, and remember, the real you.

Just imagine, if Taylor Swift chose ChatGPT to write her songs instead of writing her own songs, would Billboard Magazine be announcing that Taylor Swift now holds the all-time record for the most #1 hits on Billboard’s Pop Radio Chart?

Gene Roberts Interviews the Billion Dollar Bearkat, Brad Ertl

Jessica Cuevas, 09/05/2023

Unlike a typical Tuesday afternoon, the LEAP Ambassadors had the opportunity to attend a virtual event hosted by Sam Houston’s Student Legal Mediation Service (SLMS) Director, Dr. Gene Roberts, featuring Bradley (Brad) Ertl who would be discussing a recent multi-billion dollar ‘revenge porn’ case in Harris County. Brad Ertl is a Sam Houston Alum who, during his tenure at SHSU, received the student Sammy Award. He received his JD from South Texas College of Law and is currently an attorney at Gilde Law Firm, PLLC.

Ertl and his firm took the case of Mark West Jamall Jackson v Jane Doe not for the money but to send a message to the world that the sharing of invasive visual recordings or ‘revenge porn,’ as we colloquially know it as, is not okay. This is what they intended to do from the start, and they were successful in it despite the defendant never appearing in court or having had responded to being served.

In 2012, Mark West Jamall Jackson and Jane Doe met at the wedding of their best friends: he was his best friend’s best man and Jane was her best friend’s maid of honor. They became good friends and kept in contact after the wedding, but it was not until Jane’s father became terminally ill that she began to confide more in Mark and grew closer to him. This led to the start of their relationship in 2016. Soon after Mark was offered a job in Chicago and he asked Jane if she would move with him, which she happily agreed to since their relationship was going well.

The first couple of years were great until Mark lost his job in 2019 and became verbally abusive towards Jane who was currently excelling in her career as an educator. There was testimony to prove that he was a womanizer and could not have any woman be smarter or better than him. Even when things got pretty bad between the two, Jane went to see her mom and believed that she and Mark were going through a rough patch, just like everyone else in their life, she believed this was a ‘forever relationship.’ However, things only went downhill from here when Mark began to share and threaten Jane with nonconsensual sharing of a nonconsensual recording of intimate behavior between the two through all social media, internet websites, emails to her co-workers, etc. Ultimately, after telling their story the jury delivered their verdict within 30 minutes of delivering and favored Jane Doe by $1.2 billion. Although it may seem like a lot, this case was not about the money and no amount of money will ever repair the hardships and emotional toll that she had to endure during the past years.

After providing us with a couple of details of the case but was careful not to share too much, as this case is ongoing and the final judgment is still pending, Ertl broke down the case and explained the legal aspects of the case for the pre-law students: how to choose a jury, how to prepare for a case or determine causes of action, how to continue a case when the defendant evades being served, what the expectations were as he and his colleagues eagerly waited for the final judgment to be delivered by the judge, and how to deal with a case that is emotionally heavy.

To end the evening, Ertl was asked to give pre-law students some advice and he highlighted three things: (1) be present, (2) have and maintain good grades, and (3) go with your gut and tell your story. The latter of which really stood out to me because it was different from what we normally hear but it was a great piece of advice, nonetheless. Intuition is crucial in the legal field as you want to trust gut feelings when having to decide who you want to represent and the best way to defend them to create your reputation. However, at Gilde Law Firm, PLLC. they do focus groups to help guide them in what evidence present to a jury and how to present it as they prepare for a trial.

Thank you, Dr. Gene Roberts…

…for hosting Brad Ertl, and thank you Mr. Ertl for taking the time to discuss this case with Sam Houston State University students and faculty! If you are interested in reading more about the case search Ertl’s name and news articles will come up about this multi-billion-dollar case.