December 2016 Headnotes: Probate, Trusts & Estates Law

Dallas Bar Association

HEADNOTES Focus Probate, Trusts & Estates Law

December 2016 Volume 41 Number 12

Payne Mitchell Law Group: Providing Hope & Help Count your blessings. How many times have we heard that phrase over the years—from your mom, a well-intentioned friend, or even the voice in your head, urging you to pull yourself up out of a funk? Count your blessings.

Three quick words that oftentimes jolt us back to our reality of all we have to be thankful for in spite of the trouble in our lives. These are simple words that open the door to greater reflection on who we might be depending on the perspective we have on our lives.

Have we have counted our blessings? Thanksgiving 2016 is history now—the 395th Thanksgiving on the books. And although our lives are vastly different from the lives of the pilgrims and Indians who celebrated the first Thanksgiving, it seems we are thankful for the same types of things—peace, health, family and friendship, and a good harvest, whatever our success might be.

For lawyers, it might be passing the bar, getting that coveted job, making a once in a lifetime deal, landing a big client, opening a new law firm, being a part of a great legal community with a thriving Texas economy. It might be the growth in our personal lives, a marriage, children, new home. The list goes on. But, it also is remembering that winning is not everything, no one is perfect, and sometimes good comes out of bad. It is worth remembering that it is all in the way we look at things, and it seems everyone has something to be thankful for.

Tracey, a victim of domestic violence, is thankful for the shelter that took her in, the legal aid lawyer who is representing her, and the comfort and kindness of others who are helping her restart her life.

Maria, a single mom of two whose husband left her for another woman, is thankful for her housekeeping job and her volunteer attorney who helped her get child support—the additional income necessary to keep a roof over her head and food on the table.

Michelle, a veteran and mother of young children, is thankful for the volunteer attorney willing to look at her employment case when no one else was and willing to go the extra mile for her in negotiating rent payments with her landlord.

Andy Payne and Jim Mitchell

Suzanne, a young mother, is thankful that she and her son are together—just the two of them. She is thankful for the volunteer attorney who fought to get her child back from the deadbeat dad who had no true interest in raising a son.

And we as a legal community are thankful for the attorneys who volunteer their time and talents to represent Tracey, Maria, Michelle, Suzanne, and thousands more each year.

We are thankful for the donors who financially support the Dallas Volunteer Attorney Program and its efforts to keep the justice system open and accessible to all.

We are thankful for our longstanding donors Andy Payne and Jim Mitchell of Payne Mitchell Law Group.

Andy and Jim have supported the Equal Access to Justice Campaign benefitting DVAP since 2006. Again, this year, they have donated $25,000 to the campaign, bringing their total donations to $200,000!

What is it that motivates Andy, Jim, and Payne Mitchell Law Group, lawyers who represent clients in aviation, product defect, commercial vehicle, and other personal injury matters?

“I am motivated by helping people,” said Mr. Payne. “I like to work side-by-side with my clients to help them get justice in their cases, but also to effect $1 design or policy changes so that Million other people can reap some benefit from the losses my clients have suffered. In the end, I hope $900,000 to make positive changes for everyone.” $800,000 Jim Mitchell’s primary motivator is also helping people. “I $700,000 want to help people deal with not only the legal issues, but $600,000 also the personal challenges

that come with a life-changing event,” said Mr. Mitchell. “It is $500,000 critical to have a way to move forward, and, on my best day, I $400,000 hope that is ultimately what I am doing.” $350,000 And what are they thankful for? “We are thankful for the opportunity to help people see $300,000 the silver linings in their situations. We count our blessings $250,000 every day—to be able to help our clients, to be a part of a $200,000 great legal community, and to be able to give back financially in $150,000 our support of DVAP,” said Mr. Payne. “We are truly blessed,” $50,0000 added Mr. Mitchell.

To volunteer, donate, or learn more about the Dallas Volunteer Attorney Program and Equal Access to Justice Campaign, contact Alicia Hernandez at ahernandez@ HN dallasbar.org or 214-220-7499.

To Give: www.dvapcampaign.org.

BY ALICIA HERNANDEZ

Alicia Hernandez is the director of the Dallas Volunteer Attorney Program and the DBA director of community services. She can be reached at ahernandez@dallasbar.org.

THANK YOU TO OUR MAJOR DONORS | Equal Access to Justice Campaign Kicks Off *:

PRESIDENT’S COUNCIL ($30,000)

PLATINUM ($10,000)

GOLD ($5,100+)

Connatser Family Law Crain Lewis Brogdon, LLP Perkins Coie LLP

Exxon Mobil Corporation Gary & Donna Fowler The Hartnett Law Firm Haynes and Boone, LLP Jackson Walker LLP Jones Day Kastl Law, PC Koons Fuller, PC Mike McKool Margaret & Jaime Spellings

DBA Probate, Trusts & Estates Law Section DBA Real Property Law Section Farrow-Gillespie & Heath LLP Gardere Wynne Sewell Godwin Bowman & Martinez Gruber Elrod Johansen Hail Shank LLP Hartline Dacus Barger Dreyer LLP Thomas S. Leatherbury & Patricia J. Villareal Brian Loncar McKool Smith Lewis Sifford Squire Patton Boggs Robert L. Tobey Waters, Kraus & Paul, LLP

CHAIRMAN’S COUNCIL ($25,000) Anonymous Foundation AT&T Services, Inc. Payne Mitchell Law Group

PLATINUM ($10,000) Anonymous Dallas Association of Young Lawyers DBA Corporate Counsel Section

GOLD ($5,100+) Anderson Tobin, PLLC DBA Business Litigation Section

*Donors as of press time.

Winstead PC

Law firms, corporations, and individuals wishing to make a pledge will be prominently recognized beginning at the $5,000 level each month through January.

To donate, contact Alicia Hernandez, ahernandez@dallasbar.org. For more information about the Campaign see www.dallasbar.org/dvapcampaign.

Inside 8 Brief Primer on a Trustee’s Duties and Obligations 12 Cathy Maher Farewell 19 Estate Planning for Parents of Minors 25 Pet Care Planning and Protection

DBA MEMBER REMINDER – RENEW ONLINE TODAY! You may renew your 2017 DBA Dues online starting TODAY! Go to the DBA website and under the Membership tab, click on Renew Online.

Or if you prefer to mail in your payment, log in and select the 2017 Dues Statement option to print and mail in a copy of your 2017 DBA DUES STATEMENT with payment.

Your 2017 DBA DUES must be paid by December 31, 2016 in order to continue receiving ALL your member benefits.

Thank you for your support of the Dallas Bar Association!

2 He a d n o t e s l D a l l a s B a r A s s o ciation

D ecem ber 2016

Calendar December Events FRIDAY CLINICS DECEMBER 2-BELO Noon

“Recruiting Players and Negotiating Contracts under the New CBA,” Ashley Millerick and Jordan Woy. (MCLE 1.00)* RSVP to kzack@dallasbar.org.

Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.

“Discovery Boot Camp,” Joshua Sandler. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Fox Rothschild LLP. RSVP to kzack@dallasbar.org.

Noon

THURSDAY, DECEMBER 1

Solo & Small Firm Section Topic Not Yet Available

Noon

Juvenile Justice Committee

Collaborative Law Section “Looking in the Mirror: How YOU Impact the Collaborative Process,” Linda Solomon.

(MCLE 1.00)*

DAYL Foundation Board Meeting DAYL Lunch & Learn CLE

FRIDAY, DECEMBER 2 Noon

Friday Clinic—Belo “Recruiting Players and Negotiating Contracts under the New CBA,” Ashley Millerick and Jordan Woy. (MCLE 1.00)* RSVP to kzack@dallasbar.org.

Intellectual Property Law Section “My IP Client Is Calling about Data Privacy – Quick, What Do I Need To Know?!”

Scott Breedlove. (MCLE 1.00)* Trial Skills Section “Three Secrets of Great Trial Lawyers You Need to Know,” Shane Read.

(MCLE 1.00)*

THURSDAY, DECEMBER 8 Noon

Environmental Law Section Topic Not Yet Available CLE Committee Publications Committee

3:30 p.m. DBA Board of Directors Meeting 6:00 p.m. J.L. Turner Legal Association

FRIDAY, DECEMBER 9

Noon

Noon

Tax Law Section “Recent Developments in Texas Tax,” David E. Colmenero. (MCLE 1.00)*

Tort & Insurance Practice Section “Legal Writing in an Electronic World,” Melissa Shultz. (MCLE 1.00)*

6:00 p.m. DAYL Board of Directors Meeting

WEDNESDAY, DECEMBER 7 Employee Benefits & Executive Compensation Section “Management, Compliance, and Trends of International Benefits,” Brad Melton.

(MCLE 1.00)*

Noon

Franchise & Distribution Law Section “Supply Chain Issues in Franchising,” Charlie Florsheim, Khaled Habash, and Sarah Walters.

(MCLE 1.00)*

WEDNESDAY, DECEMBER 21 Noon

Energy Law Section “Texas Nuisance Law after Crosstex v.

Gardiner,” Charles Sartain. (MCLE 1.00)* Pro Bono Activities Committee

THURSDAY, DECEMBER 22 Noon

6:00 p.m. Home Project Committee

Christian Legal Society Prayer Group

Dallas Hispanic Bar Association

WEDNESDAY, DECEMBER 14 7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group Antitrust & Trade Regulation Section “Teladoc and the Texas Medical Board: Telemedicine and the State Action Doctrine,” Matt Dow and Josh Romero. (MCLE 1.00)* DVAP New Lawyers Luncheon.

Contact reed-brownc@lanwt.org.

FRIDAY, DECEMBER 23 DBA Offices Closed in Observance of Christmas Holiday

MONDAY, DECEMBER 26 DBA Offices Closed in Observance of Christmas Holiday

TUESDAY, DECEMBER 27

THURSDAY, DECEMBER 15

WEDNESDAY, DECEMBER 28 No DBA Events Scheduled

MONDAY, DECEMBER 12

11:30 a.m. DAYL Foundation Fellows Luncheon.

Keynote address Hon. Barbara M.G. Lynn.

Tickets $35; Table of ten $350. Register at https://2016fellowsluncheon.eventbrite.com

Noon

Noon

Real Property Law Section “The Dawn of CMBS 4.0,” Patrick Sargent.

(Ethics 1.00)* Peer Assistance Committee

DAYL Politically Aware Committee

TUESDAY, DECEMBER 20

No DBA Events Scheduled

Corporate Counsel Section “Delaware Corporate Law Update,” Mark Morton. (MCLE 1.00)* Legal History Discussion Group “A Death in the Islands: the Unwritten Law and the Last Trial of Clarence Darrow,” Mike Farris. (MCLE 1.00)*

Friday Clinic—North Dallas** “Discovery Boot Camp,” Joshua Sandler.

(MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Fox Rothschild LLP. RSVP to kzack@dallasbar.org.

No DBA Events Scheduled

5:15 p.m. Legalline. Volunteers welcome.

Second floor Belo.

TUESDAY, DECEMBER 6

Noon

5:30p.m. DVAP/JLTLA CLE “I Just Passed the Bar, Now What? Handling My First Consumer Law Case,” Terry Criss, Karen McCloud, and William Ritter, IV. (MCLE 2.00)*

Noon

MONDAY, DECEMBER 5

MONDAY, DECEMBER 19

DAYL Business & Career Development Committee

Christian Lawyers Fellowship

9:00 a.m. Santa Brings A Suit Drive Drop Off – Circle Drive at Belo.

Noon

Immigration Law Section “Crimmigration,” Belinda Arroyo, Hon. Robert Burns, Joseph Mongaras. (MCLE 1.00)*

5:30 p.m. Bankruptcy & Commercial Law Section “Chatting with the Bankruptcy Judges,” Judge Harlin Hale, Judge Brenda Rhoades and Judge Barbara Houser. (MCLE 1.00)*

St. Thomas More Society

Business Litigation Section “Understanding the New Federal Law on Trade Secrets (the DTSA) and More,” Scott McDonald.

(MCLE 1.00)* Mergers & Acquisitions Law Section “Indemnification Provisions: A Mock Negotiation,” Scott Ellis, moderator.

(MCLE 1.00)*

Public Forum Committee

Family Law Section Board Meeting

No DBA Events Scheduled

International Law Section Supreme Court Justice Breyer at the Hyatt Regency. Tickets at www.dfwworld.org/register/ StephenBreyer. Co-Sponsored by DFW World Affairs Council, Haynes and Boone, LLP, and Texas A&M University School of Law. (MCLE 1.00)*

DECEMBER 9-NORTH DALLAS** Noon

FRIDAY, DECEMBER 16

11:30 a.m. DVAP Probate CLE “Probate Mini-Seminar 101 & 102,” Stephanie Decker, Brandy Baxter-Thompson, Melinda Harnett, Tanner Harnett, Hon. Brenda Hull Thompson, and Barkley Miller. (MCLE 2.00, Ethics 1.00)*

9:00 a.m. Pictorial Directory Photographer at Belo

DBA Community Service Fund Board of Directors

THURSDAY, DECEMBER 29 No DBA Events Scheduled

Government Law Section “Legal Remedies for Immigrant Survivors of Violence,” Bill Holston. (MCLE 1.l00)*

6:00 p.m. DBA Family Holiday Party Enjoy pictures with Santa, face-painting, balloon animals, sing-alongs and more!

Please bring an unwrapped toy to be donated to charity. For more information, contact rthornton@dallasbar.org.

TUESDAY, DECEMBER 13

Appellate Law Section “What Next? Cases & Vacancies at the U.S. Supreme Court,” Jason Steed.

(MCLE 1.00)*

FRIDAY, DECEMBER 30 DBA Offices Close at 1:00 p.m. in Observance of New Year’s Holiday

Christian Legal Society Dallas Women Lawyers Association CLE 1:00 p.m. Dallas Women Lawyers Association Board Meeting

MONDAY, JANUARY 2 DBA Offices Closed in Observance of New Year’s Holiday

Justice Stephen Breyer In Dallas — December 13 Monday, December 12 6:00 to 8:00 p.m. at the Belo Mansion Enjoy pictures with Santa, magician, sing-alongs, clown, face-painting, tap dancing by Class Act, and more!

Justice Breyer will discuss his latest book: The Court and the World: American Law and the New Global Realities Tuesday, December 13, 2016 At the Hyatt Regency Dallas 11:30 a.m. VIP Reception Noon Luncheon, Program & Book Signing

Purchase tickets online at www.dfwworld.org/register/StephenBreyer DBA members should select “Cooperating Organization Member Ticket” Sponsored by the Dallas Bar Association, DFW World Affairs Council, Haynes and Boone, LLP, and Texas A&M University School of Law

De c e mb e r 2 0 16

Focus

D al l as Bar A ssoci ati on l Headnotes 3

Probate, Trusts & Estates Law

Do I Really Need a Revocable Trust?

BY KRISTIN L. BROWN

Clients who are contemplating their estate plan often assume that they need nothing more than a will, and they are often skeptical when presented with the idea of making a revocable trust rather than a traditional will the centerpiece of their estate plan. Many people mistakenly assume that trusts are only appropriate for ultra-wealthy individuals who need complex tax planning. In reality, a revocable trust offers a multitude of benefits for nearly every type of client.

Reduction of Texas Probate If a client fully funds his or her revocable trust during life, there is a strong possibility that there will be no need for probate following the client’s death.

Although the Texas probate process is relatively simple, there is still value in saving the time, court costs, and attorneys’ fees associated with it, especially when probate court dockets across the state are as congested as ever. Even if probate cannot be avoided altogether, muniment of title proceedings are much more likely to be an option for the estate of a decedent who had the bulk of his or her assets in trust. Probating a will as a muniment of title allows the persons handling the estate to forgo the requirements of an independent administration, such as providing various notices to creditors and beneficiaries and preparing an Inventory, Appraisement, and List of Claims.

Elimination of Ancillary Probate

While failing to avoid Texas probate is unlikely to have dramatic consequences, the same cannot be said for states like California, where probate is notoriously costly and time-consuming. For clients who own property in other states, eliminating the need for ancillary probate is critical. A client who places his or her outof-state property in a revocable trust will ensure that there is no need for probate proceedings in a potentially unfavorable jurisdiction. In our increasingly mobile society, it has become commonplace for our clients to move to other states. While clients should still seek a review of their estate plan by local counsel after a move, a client with a fully-funded revocable trust will, in any event, have a significantly lower risk of subjecting his or her estate to a costly probate process.

also need to execute a pour-over will that provides for all of his or her directly held assets to pass to the trust post-death.

Ease of Management

A Texas will signing ceremony requires two witnesses, a notary, and several steps that inevitably manage to befuddle some unsupervised testators and even the occasional attorney. Even when done correctly, sometimes it is simply a hassle to execute a new will or codicil when all a client wants to do is make a minor change to his or her plan. Amending a revocable trust, however, requires at most a notarized signature.

There is often no need for the client to sign a trust amendment in the attorney’s office.

Continuity of Management

As more people are living longer, the need to plan for incapacity is more impor-

tant than ever. A revocable trust, especially when funded, is an excellent tool in this regard. Should a client become unable to manage his or her own affairs, a new trustee can step in and immediately begin managing the trust for the client’s benefit, potentially avoiding the need for a guardianship proceeding. While a Durable Power of Attorney has traditionally served a similar purpose and is still an important part of an estate plan, it may be deemed unacceptable to a financial institution due to the age of the instrument or its policy requiring that its own form be used. Conversely, financial institutions are typically more receptive to dealing with successor trustees, making a revocable trust a more dependable guardianship alternative in HN most cases.

Kristin L. Brown is an associate at Davis Stephenson, PLLC. She can be reached at kristin@davisstephenson.com.

Privacy

Many clients prefer that their friends and family not know the exact details of their estate plan, especially if they opt to disinherit certain relatives or provide for them in disproportionate amounts. Once a will has been filed for probate, it is part of the public record and available for inspection by virtually anyone with internet access.

A revocable trust, in contrast, is not required to be filed with the court, so a client can protect his or her privacy by including all of the key dispositive provisions of the estate plan in a revocable trust instead of a will. In conjunction with the revocable trust, the client will

FREE MCLE One of the many Member Benefits that the DBA offers is more than 400 continuing legal education (CLE) courses each year, most of which are offered at no charge.

Join or Renew now at www.dallasbar.org.

4 H e a d n o t e s l D a l l a s B a r A ss ociation

D ecem ber 2016

President's Column

Headnotes

Comings, Goings, and Farewell

by Jerry Alexander

I am not sure how this happened, but this is my last article for my year as the President of the Dallas Bar Association. I will be going, but for 2017 many familiar and wonderful things will be coming. It has been an honor and a privilege to serve the 11,000 members of this Association, and I will endeavor to keep working for the common good of our Association and its members wherever and however the “new” leaders of the Dallas Bar Association think appropriate.

The quotation marks around the word new are there because there is a very stable, experienced cadre of Officers who are stepping up in 2017.

As the annual meeting just concluded, Michael Hurst was elected President-Elect, Laura Benitez Geisler was elected First Vice President, Robert Tobey was elected Second Vice President, and Rocio Garcia was elected Secretary/Treasurer. They will join incoming President Rob Crain to give the DBA a solid core of leadership for our first year with our new Executive Director, Alicia Hernandez.

Mr. Hurst and Ms. Benitez Geisler served as Officers of the DBA last year (First and Second Vice Presidents, respectively), Mr. Tobey was Board Chair, and Ms. Garcia was the President of the Dallas Hispanic Bar Association and a member of the Board of Directors of the DBA. Since the year was rather a blur to me, I asked our outgoing Executive Director, Cathy Maher, to list the projects that the DBA completed this year that she thought were noteworthy. Here is her list in chronological order of occurrence in this, her last year, 2016: • Ken Raggio appointed first ever Athletic Director of the DBA to write columns for Headnotes. These articles have been immensely popular and have been coveted by the State Bar of Texas and other local bar associations.

• AT&T agreed to and generously fully funded a second Habitat for Humanity home build with the DBA, enabling the DBA to build two homes in celebration of its 25th year of home-build projects—the longest running complete home-build program in the State of Texas. General Counsel, David McAtee, and his team of AT&T in-house attorneys provided the labor for the project too!

• At the Martin Luther King Day celebration, Paul Quinn College President and DBA Member Dr. Michael Sorrell, was recognized as the recipient of the MLK Jr. Justice Award and gave a stirring address which led to enough contributions by DBA Members who attended the celebration to fund a scholarship for one student for one year to Paul Quinn College.

• The CLE Committee, headed by Kent Krause and Dave Wishnew, held the first ever all-day CLE program with speakers from the SMU Dedman School of Law, the UNT Dallas College of Law, and Texas A&M University School of Law, which gave a comprehensive update on various areas of practice entitled “Law Stuff You Should Know.” The success of the program probably means it will continue on at least a bi-annual basis.

• DBA Member Frank Stevenson broke a 12-year drought for Dallas and became State Bar of Texas President.

• The concept of a President’s Council, comprised of the President of the DBA and all of the Affiliated Bar Presidents, was discussed at the Board’s Annual Retreat, and initial meetings were held. This program will be nurtured in the future to promote more coordination and joint programming among these excellent Associations.

• A seminar on implicit bias was put on by the DBA’s Minority Attorney Program (Co-Chairs Rhonda Hunter and Michele Wong Krause) and the Minority Participation Committee (CoChairs Audrey Moorehead and Erin Nowell) and was extraordinarily well-received.

• A Unity Luncheon conceived by Rob Crain was held following the ambush of police officers in Dallas, and DBA members pledged funds for a mural honoring these fallen officers to be painted in the Dallas Police Headquarters, once all necessary clearances are obtained.

• A “Day of Civility” was conceived, planned, and brilliantly put on by the Professionalism Committee chaired by Michael Hurst, with great assistance from all of its members, especially Pat Long and Justice Doug Lang. The program presented panels of former Trial Lawyers of the Year, judges and media members, all addressing the issues of civility and its importance to our profession among lawyers and judges, and the image our profession projects to the community.

• A joint membership drive was co-sponsored by the DBA and the J.L. Turner Legal Association through the leadership of its President, Emmanuel Obi. • At the annual meeting, a bylaws amendment previously approved by the DBA Board of Directors was overwhelmingly passed by the DBA Membership granting the Dallas Women Lawyers Association two ex officio seats on the DBA Board of Directors.

• Murals are being completed at the George Allen Courthouse garage tunnel in connection with the Booker T. Washington Arts Magnet School, as approved by the Commissioners Court with the facilitation of DBA Member Philip Kingston in involving the Arts Magnet High School through cooperation of Bernadette Nutall, the DISD School Board Trustee for the District that

includes Booker T. Washington. DBA Member Lori Bodino, who works for the County in connection with, among other things, the courthouse facilities, was very instrumental in this process, as were DBA Member County Judge Clay Jenkins and the County Commissioners John Wiley Price, Dr. Elba Garcia, Dr. Theresa Daniel, and Mike Cantrell, who unanimously voted in favor of the project.

• And one of our most important project this year—Kim Askew leading the Executive Director Search Committee, and that Committee hiring the DBA’s new Executive Director Alicia Hernandez!

There were other projects that some would call “routine” since they recur every year, but are, quite simply, extraordinary, and any of which would be the capstone for any year of most other bar associations. We have just become spoiled by the tremendously consistent performance of the DBA generally, its staff, and all of the Committee and Section Chairs and members that time after time, year after year, produce the best continuing legal education programs in the country, and certainly the ones most useful to DBA Members.

There are also Bar None (Martha Hofmeister and Tom Mighell), the Texas High School Mock Trial Program (Steve Gwinn), the Equal Access to Justice Campaign/Dallas Volunteer Attorney Program (2016 Co-Chairs David Kent and Karen McCloud), and the blue ribbon committee headed by Robert Tobey, that includes representatives of Dallas County, the President of the State Bar of Texas, representatives of the SMU Dedman School of Law, the Dean of the UNT Dallas College of Law, DBA Member Royal Furgeson, Civil District Judges, and Bar members trying to find a solution to the pro se litigants who are coming to the Dallas County Law Library daily in droves, needing assistance.

There are the Bench Bar Conference (headed by Shonn Brown and Richard Sayles), the Transition to Practice Law Program (led

by Chair Kate Morris and Co-Chair Shereen El Domeiri) and the fabulous mentoring that takes place there, as well as the annual Appealing to the Public Event and the Law in the Schools Program, events for DISD students and educators (headed by Katie Anderson and Joshua Sandler). The list could continue…. All of these programs and events will recur year after year and have become part of the fabric of the Dallas Bar Association.

What I see through the blur that this year has been, is the great future that lies ahead for the Dallas Bar Association. The DBA and its leadership are solid, steady, but also dynamic and benefit all of us.

Personally, this has just been a wonderful experience—a little more difficult, but much more rewarding than I thought it would be.

On a personal level, I have made friendships and relationships that will last the rest of my life, with people I never would have come in contact with except for my work at the DBA. The members of the DBA who take the extra time to serve on its Board of Directors assemble once a month in the Strasburger Room, which was the old main dining room of the Belo home.

The board members that gather there and work together, just like our great Committee and Section Chairs and working members, are wonderful examples of the best in our profession. They all have good hearts, do good works, and realize that what we get to do is a privilege. They all treat each other with the utmost courtesy and respect, because it has been earned.

Additionally, we have fun! My wish to all of you is that you find a group of lawyers that, after spending 10 or so rather intense years with, you can feel the same way about. I think a good place for you to start looking for such a group of lawyers is a Committee or Section of the Dallas Bar Association.

See you at the Belo! –Jerry P.S. I could have written an entire article about Cathy Maher and the 38 years she has spent at the Dallas Bar Association, the last 23 as the Executive Director. But, her office is the one right next to Jessica Smith, the editor of Headnotes, and Cathy told me not to say anything in the article about her, so I will say it instead in this postscript to the article (sounds like a lawyer, huh?).

Because I promised, I will not list all of the things Cathy has done for the Dallas Bar Association, but I will tell you what the Dallas Bar Association and the Dallas Bar Foundation have done for her retirement as small tokens in return for her great contributions. You may have seen the portrait of Cathy we commissioned, in the atrium between the Mansion and the Pavilion. Eventually, next year, this portrait will be moved to the upstairs of the Mansion to hang in its permanent place in the Cathy Maher Executive Wing—what the Dallas Bar Foundation has kindly consented to name the offices on the second floor of the Belo Mansion where most of the staff is located. I will also reprint here a toast I recently gave to Cathy that sums up my feelings about Cathy pretty well: To Cathy Maher: The cornerstone of the Dallas Bar Association for three decades; The compass for 23 Presidents; Our friend, role model, and yes, hero – May you enjoy your retirement and remember us fondly, but more importantly, may all of the rest of us never forget your example, your work ethic, and your dedication and love to this DALLAS BAR ASSOCIATION!

Farewell, Cathy, and “Thanks for the Memories….”

Published by: DALLAS BAR ASSOCIATION 2101 Ross Avenue Dallas, Texas 75201 Phone: (214) 220-7400 Fax: (214) 220-7465 Website: www.dallasbar.org Established 1873

The DBA’s purpose is to serve and support the legal profession in Dallas and to promote good relations among lawyers, the judiciary, and the community.

OFFICERS President: Jerry C. Alexander President-Elect: Rob D. Crain First Vice President: Michael K. Hurst Second Vice President: Laura Benitez Geisler Secretary-Treasurer: Sakina Rasheed Foster Immediate Past President: Bradley C. Weber Directors: A. Shonn Brown, Hon. Rob Cañas, Jonathan Childers, Dawn Estes, Rocio Cristina Garcia (President, Dallas Hispanic Bar Association), Stephanie Gause (President, Dallas Association of Young Lawyers), Hon. Martin Hoffman, Krisi Kastl, Bill Mateja, Karen McCloud, Kate Morris, Cheryl Camin Murray, Emmanuel Obi (President, J.L. Turner Legal Association), Monika Sanford (President, Dallas Asian American Bar Association), Diane M. Sumoski, Robert L. Tobey (Chair), Aaron Tobin (Vice Chair) and Victor D. Vital Advisory Directors: Christopher Kang (President-Elect, Dallas Asian American Bar Association), Angelina LaPenotiere (President-Elect, Dallas Hispanic Bar Association), Tramaine Scott (President-Elect, J.L. Turner Legal Association), and Paul Simon (President-Elect, Dallas Association of Young Lawyers) Delegates, American Bar Association: Rhonda Hunter, Hon. Liz Lang-Miers Directors, State Bar of Texas: Leon Carter, John Jansonius, Gregory Sampson and Brad Weber HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Josh Garza Display Advertising: Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Meghan Hausler and Keith Pillers Vice-Chairs: Alexander Farr and Carl Roberts Members: Timothy Ackermann, Logan Adock, Jerry C. Alexander, Wes Alost, Jason Bloom, Andrew Botts, Charles Coleman, Shannon Conway, Jess Davis, James Deets, Leiza Dolghih, Dawn Fowler, Susan Halpern, Jeremy Hawpe, Mary Louise Hopson, Lindsay Hedrick, Brad Jackson, Andrew Jones, Kristi Kautz, Amanda Kelley, Michelle Koledi, Kevin Koron-ka, Susan Kravick, Lawrence Maxwell, R. Sean McDonald, Tyler Mendez, Terah Moxley, Jessica Nathan, Eugene Ol-shevskyy, Kirk Pittard, Laura Anne Pohli, Charles Price, Kathy Roux, Jared Slade, Thad Spalding, Shana Stein, John Stevenson, Scott Stolley, Amy Stowe, Ashely Swenson, Michael Tristan, Pryce Tucker, Peter Vogel, Suzanne Westerheim, Yuki Whitmire DBA & DBF STAFF Executive Director: Catharine M. Maher Accounting Assistant: Shawna Bush Communications/Media Director: Jessica D. Smith Controller: Sherri Evans Director of Community Services: Alicia Hernandez Events Director: Rhonda Thornton Executive Assistant: Mary Ellen Johnson, Liz Hayden Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewers: Viridiana Avina, Marcela Mejia Law-Related Education & Programs Coordinator: Melissa Garcia Membership Director: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Yedenia Hinojos DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Mentor Attorneys: Kristen Salas, Katherine Saldana Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Miriam Caporal, Tina Douglas, Zaporra Gonzales, Andrew Musquiz, Carmen Perales, Alicia Perkins Program Assistant: Patsy Quinn Secretary: Taylor Piereira Copyright Dallas Bar Association 2016. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher.

Headnotes serves the membership of the DBA and, as such, editorial submissions from members are welcome. The Executive Editor, Editor, and Publications Committee reserve the right to select editorial content to be published. Please submit article text via e-mail to jsmith@dallasbar.org (Communications Director) at least 45 days in advance of publica-tion. Feature articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informational and educational purposes and is not intended as legal advice. Opinions expressed in articles are not nec-essarily those of the Dallas Bar Association.

All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Association’s sole discretion.

Headnotes (ISSN 1057-0144) is published monthly by the Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. Non-member subscription rate is $30 per year. Single copy price is $2.50, including handling. Periodicals postage paid at Dallas, Texas 75260.

POSTMASTER: Send address changes to Headnotes, 2101 Ross Ave., Dallas, TX 75201.

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6 He a d n o t e s l D a l l a s B a r A s s o ciation

D ecem ber 2016

Dallas Bar Elects 2017 Officers Michael K. Hurst Elected President-Elect

BY JESSICA D. SMITH

Members of the Dallas Bar Association proudly elected its 2017 officers during the Annual Meeting on November 4.

Michael K. Hurst, of Lynn Pinker Cox Hurst, was elected president-elect and will serve as the Association’s 109th president in 2018.

Mr. Hurst began his service on the DBA Board of Directors in 1999 as President of the Dallas Young Lawyers Association. He was later elected to the DBA Board in 2005 and was Chair of the Board of Directors in 2014. He currently serves as the Chair and Board Advisor of the Morris Harrell Professionalism Committee and is Board Advisor to the Tax Law Section and the Continuing Legal Education Committee. In addition, Mr. Hurst was the Chair of the 2012-2013 Campaign for Equal Access to Justice and he was awarded the Jo Anna Moreland Committee Chair Award for his service to the Dallas Bar Association in 2009 and in 2016.

Mr. Hurst is a Fellow of the Dallas Bar Foundation, a Life Fellow of the Texas Bar Foundation and a Founding Life Fellow of the DAYL. Before serving as DAYL President, he served as Chair of the DAYL’s Professionalism Committee and Mentoring Committee for six years.

Other officers elected at the Annual Meeting were: Laura Benitez Geisler, of The Geisler Law Firm, elected first vicepresident; Robert Tobey, of Johnston Tobey Baruch, elected second vice-president; and Rocio Cristina Garcia, of Hunton & Williams LLP, elected secretary-treasurer. Jerry Alexander, of Passman & Jones PC, will serve as immediate past president and Rob Crain, of Crain Lewis Brogdon, will serve as president in 2017.

2017 Officers at the November 4 Annual Meeting include (left to right): Jerry Alexander, Immediate Past President; Robert Tobey, Second Vice-President; Rob Crain, President; Michael K. Hurst, President-Elect; Laura Benitez Geisler, First Vice-President; and Rocio Cristina Garcia, Secretary/Treasurer.

Additionally, on November 10, ballots for director positions were sent to members and five of the following nominees will assume director positions in 2017: Lori Ann Bodino, Shonn Brown, Sakina Rasheed Foster, Stephanie Gause, Hon. Martin Hoffman, Nicole Knox, Bill Mateja, Karen McCloud, Audrey Moorehead, and Aaron Tobin. Ballots were due back November 21 and results were not available at press time. The 2017 presidents of the minority bar associations will also serve on the board as Directors, and the presidentelects of these associations will serve on the board as Advisory Directors, including the president and president-elect of the Dallas Women Lawyers Association, in accordance with an amendment to the DBA bylaws that was approved at the meeting.

Each year, the Texas Center for Legal Ethics & Professionalism co-sponsors the

presentation of the Morris Harrell Professionalism Award with the DBA. The award was created in 1999 in honor of DBA Past President Morris Harrell to recognize an attorney who best exemplifies, by conduct and character, truly professional traits who others in the bar seek to emulate.

This year’s Morris Harrell Professionalism Award recipient was Al Ellis, of Sommerman, McCaffity & Quesada, L.L.P. Michael Hurst, of Lynn Pinker Cox Hurst, LLP, Chair of the Professionalism Committee, and Kent Krause, of Craddock Davis & Krause LL, and Dave

Wishnew, of Gruber Elrod Johansen Hail Shank LLP, Co-Chairs of the Continuing Legal Education Committee, received the Jo Anna Moreland Outstanding Committee Chair Award. The Business Litigation Section, chaired by Linda Dedman, of Dedman Law, PLLC, received the newly named Cathy Maher Section Award.

And, the Outstanding Minority Attorney Award was presented to Sakina Rasheed Foster, of Haynes and Boone, LLP. Presidential Citations were also presented to behind-the-scenes members who have faithfully performed often time-consuming tasks for the association. This year’s recipients were Bill Mateja, of Polsinelli PC, and Victor Vital, of Barnes & Thornburg LLP, for their outstanding efforts as Co-Chairs of the 2015-2016 Campaign for Equal Access to Justice benefiting DVAP; Kim Askew, of K&L Gates LLP, for her work as Chair of the Executive Director Search Committee; Lori Ann Bodino, of the Dallas County District Courts, for her efforts in coordinating the installation of the DBA mural sign in the George Allen Courthouse parking garage; David Fisk, of Kane Russell Coleman & Logan PC, and Ethan Minshull, of Wick Phillips, for their outstanding efforts in raising money and recruiting volunteers for two DBA Habitat homes in commemoration of the 25th anniversary of the DBA’s partnership with Dallas Area Habitat for Humanity; and Laura Benitez Geisler for her work as Chair of the Ad Hoc Committee.

HN Jessica D. Smith serves as the DBA’s Communications/Media Director. She can be reached at jsmith@dallasbar.org.

COME TO THE INAUGURAL OF Rob C. Crain Saturday, January 14, 2017 The Westin Hotel Galleria

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Tickets $150; Tables $1,500 | Judiciary $100 To reserve your ticket, contact Shawna Bush at (214) 220-7453 or sbush@dallasbar.org.

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Elayna Erick, Ron Massingill, Maryann Brousseau, Matthew Naftis

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8 He a d n o t e s l D a l l a s B a r A s s o ciation

Focus

D ecem ber 2016

Probate, Trusts & Estates Law

Brief Primer on a Trustee’s Duties and Obligations

BY BILL HOUSER

The trustee of a trust is a “fiduciary” to the beneficiaries of that trust, and it owes “fiduciary duties” to those beneficiaries, which are the highest duties one person can owe to another under the law.

The extent to which those fiduciary duties are demanded from the trustee depends on (i) the terms of the trust agreement, (ii) the Texas Trust Code, and (iii) common law—usually in that order. A trust agreement can modify or eliminate most fiduciary duties owed by a trustee so long as it does not eliminate breaches of fiduciary duty committed in bad faith, intentionally, or with reckless indifference to the interest of the beneficiary. Tex. Trust Code § 114.007.

Well-drafted trust agreements attempt to balance the need to protect a

trustee from a litigious beneficiary with the need to protect a beneficiary from the acts of an unscrupulous trustee.

Accordingly, most modern-day trust agreements include some exculpatory language for a trustee but do not eliminate the underlying fiduciary duties. For purposes of this article, however, it is assumed that there are no exculpatory clauses or other limitations of a trustee’s duties.

The term “fiduciary duties” is not explicitly defined in the Texas Trust Code; however, it encompasses several “baskets” of duties that can be generally categorized as follows: (i) Duty of Loyalty, (ii) Duty of Full Disclosure, (iii) Duty to Exercise Reasonable Discretion, and (iv) Duty to Competently Administer the Trust.

The Duty of Loyalty provides that a trustee must at all times place the

The DBA Directory Photographer will available to take photos for the 2017 Directory on:

Tuesday, December 13, 9 a.m. - 3 p.m. at Belo Photo session is FREE, requires no reservation and only takes a few minutes.

Photos may be purchased for personal use.

Questions? Judi Smalling at jsmalling@dallasbar.org or (214) 220-7452.

interests of the beneficiary above its own. Self-dealing, in which the trustee uses trust property or takes trust property (even if paying for it) for its own benefit, is the most common example of breaching the Duty of Loyalty. A trustee is required to invest and manage the trust property for the sole benefit of the beneficiaries. Texas Trust Code § 117.007.

Perhaps the most commonly breached fiduciary duty today is a trustee’s breach of the Duty of Full Disclosure. This happens, for instance, when the trustee fails to fully account to the beneficiaries. Upon written demand by a beneficiary, a trustee has a duty to provide a formal trust accounting (even from the inception of the trust or at least from the inception of when the trustee assumed that position). Texas Trust Code § 113.151. Even if no formal demand has been made upon a trustee, there is always a requirement under common law for the trustee to keep the beneficiary apprised of material facts concerning the trust’s administration.

The vast majority of modern trusts give the trustee some discretion as to if, when, and how much distributions should be made to a beneficiary. Trustees must comply with their Duty to Exercise Reasonable Discretion in these situations and are subject to potential liability or removal if they fail. Other examples of discretionary decisions which must be exercised reasonably are investing trust property, managing business interests owned by the trust, engaging advisors, and expending trust funds.

Serving as a trustee is an “active” position. The trustee cannot merely

sit idly by and not actively administer the trust. Section 113.051 of the Texas Trust Code requires the trustee to administer the trust in accordance with the trust instrument, the Texas Trust Code, and common law. The Duty to Competently Administer the Trust is fairly self explanatory, and a thorough discussion of its requirements is outside the scope of this article; however, the recent enactment of the Texas uniform disclaimer statute does necessitate a brief mention of a trustee’s obligations relating to disclaiming assets that would otherwise pass into a trust.

The Texas Uniform Disclaimer of Property Interests Act contained in Chapter 240 of the Texas Property Code became effective September 1, 2015 (the Act). The Act allows a trustee to irrevocably disclaim interests in property that would otherwise pass to a trust if proper notice is given to the beneficiaries or prior court approval obtained.

For example, the trustee of a credit shelter trust created when the estate tax exemption was much lower can disclaim assets and, assuming the underlying document allows, those assets will instead pass to the surviving spouse or a QTIP trust. Those assets may then get a “second” step-up in cost basis when the surviving spouse dies.

Despite a trustee now being expressly authorized to make a disclaimer, the underlying Duty to Administer the Trust Competently is unchanged, and a disclaiming trustee can expose itself to liability unless prior court approval is obtained.

HN Bill Houser is a partner with Jordan, Houser & Flournoy, LLP and may be contacted at bhouser@jhflegal.com.

Naturalization Ceremony

Thank you to U.S. Magistrate Judge Renee Toliver, for presiding over the October 20 Naturalization Ceremony, and Bill Mateja, of Polsinelli PC, for giving the Naturalization speech.

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NEED TO REFER A CASE? The DBA Lawyer Referral Service Can Help.

Log on to www.dallasbar.org/ dallas-lawyer-referral-service or call (214) 220-7499.

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D ecem ber 2016

Newly Formed DBA Immigration Law Section

BY MONICA LIRA BRAVO AND MARY SCOTT

On September 15, the DBA Board of Directors approved the formation of the Immigration Law Section as the 30th section of the DBA. The Section came about through the efforts of Monica Lira Bravo, John Lawit, Florentino A. Ramirez, Mary Scott, and the staff of the DBA, at the behest of Brad Weber, 2015 DBA President.

Mr. Weber announced in January 2015 the project to form an immigration law section at the DBA in response to the need for pro bono immigration attorneys during the unaccompanied minor crisis. He appointed Ms. Bravo, Mr. Lawit, Mr. Ramirez, and Ms. Scott to organize and direct the Immigration Law Study Group, a required precursor to the formation of the Section. The

Study Group was charged with fulfilling the DBA requirements to establish a new section, establish bylaws, create a statement of goals, and create a statement of purpose. In addition, the Group planned over 15 CLE programs, including a primer on asylum law and programs on I-9 worksite enforcement, representing minors in immigration court, F-1 (student) visas, and crimmigration issues such as the use of the categorical approach.

The Immigration Law Section hopes to bring together attorneys from private practice, nonprofits, and governmental agencies. The Section will provide educational services to educate members of the DBA and the Dallas community; will be a resource to the governmental and nonprofit entities in the Metroplex who are called to formulate and implement policies and protocols involving U.S. Immigration Law; and will strive to become a

High School Mock Trial Competition – Judges Needed!

community resource where lawyers, government agencies, and policy makers can all participate in discussions and activities in a neutral forum to enhance the delivery of immigration services.

The Section aims to enhance the role and skills of members who practice in the immigration law arena, as well as to provide a forum for discussion of legal issues confronted by immigration attorneys in the different areas of immigration law, including among others, asylum, employment-based immigration, family-based immigration, and removal defense. The Section also will promote opportunities for members to provide pro bono representation to indigent and vulnerable populations.

In accordance with the Section bylaws, DBA President Jerry Alexander appointed the Section officers for 20162017: Monica Lira Bravo, of Lira Bravo

Law as Chair; Angela Lopez, of Cowles & Thompson, as Vice Chair; Judson Davis, of the U.S. Department of Homeland Security-Immigration and Customs Enforcement, as Secretary; and Farheen Siddiqi, of RAICES, as Treasurer. Mr. Alexander appointed a Council to advise the Section composed of John Allums, Belinda Arroyo, Elise Healy, John Lawit, Jiroko Lopez, and Toki Olowo.

The Immigration Law Section will meet the second Tuesday of the month at noon at Belo. Dues for the Section will be $10 and can be paid along with DBA membership dues. The schedule for 2017 CLE programs will be listed on the DBA section webpage and online calendar.

HN Monica Lira Bravo, of Lira Bravo Law LLC, can be reached at monica@lirabravo.com. Mary Scott, of Spencer Scott PLLC, can be reached at mscott@spencerscottlaw.com.

Professionalism Tip I will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party.

–Excerpt from the Texas Lawyers Creed

Help Judge the Texas High School Mock Trial Competitions for January, February and March 2017!

A variety of dates and times are available.

No experience necessary! Earn self-study CLE credit.

For more details, visit www.dallasbar.org/mocktrialjudges or contact mgarcia@dallasbar.org

Find the complete Creed online at http: //txbf.org/texas-lawyers-creed/.

~ In Memoriam ~

Since 1875, the DBA has honored recently deceased members by passing resolutions of condolences. This tradition continues through the work of the DBA Memorial & History Committee. To view the Memorial Resolutions presented to the families of deceased members, visit www.dallasbar.org.

Lawrence Anderson (1917-2015), a 1939 graduate of The University of Texas School of Law

Graham Ellsworth Koch (1926-2016), a 1952 graduate of University of Virginia School of Law

Hon. Patrick Robertson (1937-2015), a 1965 graduate of Southern Methodist University School of Law

George Anson, Jr. (1918-2016), a 1950 graduate of Baylor Law School

Frank LaBarba, Jr. (1933-2015), a 1956 graduate of Southern Methodist University School of

Stephen Sapp (1960-2015), a 1989 graduate of University of Kansas School of Law

Thomas Barnhouse (1923-2016), a 1948 graduate of South Texas College of Law

John Long, IV (1959-2016), a 1984 graduate of St. Mary’s University School of Law

Jason Sowell, Jr. (1932-2016), a 1957 graduate of The University of Texas School of Law

John Bird (1945-2016), a 1970 graduate of Southern Methodist University School of Law

Jeffrey McCombs (1968-2016), a 1997 graduate of Texas Tech University School of Law

Hon. Phyllis Lister Brown (1961-2016), a 1986 graduate of Texas Southern University Thurgood Marshall School of Law

Hon. John McCully (1927-2015), a 1958 graduate of South Texas School of Law

Charles Cabaniss (1927-2016), a 1955 graduate of The University of Texas School of Law Leland Carter (1929-2016), a 1955 graduate of Southern Methodist University School of Law William Creasey (1940-2016), a 1965 graduate of The University of Texas School of Law Herschell Emery (1923-2016), a 1948 graduate of Harvard Law School Hon. Dean Gandy (1927-2016), a 1950 graduate of Southern Methodist University School of Law Ronald Gaswirth (1944-2016), a 1968 graduate of University’s Bates College of Law

Joseph McKnight (1925-2015), a 1950 graduate of Oxford University Richard McMullen (1944-2016), a 1975 graduate of Baylor Law School Samuel Merrill (1980-2016), a 2006 graduate of The University of Texas School of Law Robert Mitchell (1977-2016), a 2003 graduate of The University of Texas School of Hiram Morrison, Jr. (1921-2016), a 1948 graduate of Southern Methodist University School of Law Stephen Morton (1949-2015), a 1978 graduate of Vanderbilt University Law School Donald Padgett (1931-2016), a 1959 graduate of Southern Methodist University School of Law

Charles Spencer (1934-2016), a 1964 graduate of The University of Texas School of Law Daniel Stansbury (1932-2015), a 1959 graduate of Southern Methodist University School of Law Robert Taylor (1928-2016), a 1952 graduate Of Duke University School of Law Ira Tobolowsky (1947-2016), a 1971 graduate of Southern Methodist University School of Law James Tubb (1930-2015), a 1954 graduate of Southern Methodist University School of Law Hon. Howard Tygrett, Jr. (1940-2014), a 1964 graduate of Southern Methodist University School of Law Keith Robert Verges (1961-2016), a 1989 graduate of Southern Methodist University School of Law Edward Vishnevetsky (1981-2016), a 2007 graduate of Saint Louis University School of Law Stephen Voelker (1960-2015), a 1985 graduate of The University of Texas School of Law

Joseph Geary, Jr. (1924-2016), a 1948 graduate of Southern Methodist University School of Law

Edwin Polsdofer (1942-2016), a 1974 graduate of the University of Connecticut School of Law

Ira Goodrich (1957-2016), a 1981 graduate of Baylor Law School

William Powell (1932-2016), a 1957 graduate of Southern Methodist University School of Law

John Hamilton (1931-2016), a 1954 graduate of Southern Methodist University School of Law

Ralph Pulley, Jr. (1927-2016), a 1950 graduate of Baylor Law School

Richard Woods (1929-2016), a 1952 graduate of Southern Methodist University School of Law

George Hopkins, Jr. (1925-2016), a 1948 graduate of The University of Texas School of Law

Robert Rain, Jr. (1918-2016), a 1946 graduate of The University of Texas School of Law

Edwin Wright, III (1952-2016), a 1977 graduate of The University of Texas School of Law

Robert Whaley (1956-2016), a 1981 graduate of Southern Methodist University School of Law

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D al l as Bar A ssoci ati on l Headnotes 11

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12 H e a d n o t e s l D a l l a s B a r A s s ociation

D ecem ber 2016

A FA R E WE L L ME S S A G E F R OM C AT HY M A H E R , DB A E X E C U T I V E DI R E C T OR

Dear Dallas Bar Association Members, It has been a real privilege to serve as the Executive Director of the Dallas Bar Association and I am honored and proud to have been given the opportunity to do so. I am so appreciative of our members who give so much of their time to serve the profession and our community.

The Dallas Bar Association continues as a premiere bar association because of such dedicated members.

My time with the Bar has been filled with unforgettable memories that I will always cherish and it has been such a pleasure working with all of you. Thank you for allowing me to serve you.

With much respect and gratitude,

Cathy Maher

YE AR S O F

38

SERVICE

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Focus

D ecem ber 2016

Probate, Trusts & Estates Law

Elder Law Issue Spotting

BY LORI LEU

As Baby Boomers age and the need for long-term care increases, estate planning attorneys should consider adapting forms and methods of analyzing clients’ circumstances to plan for the possibility of needs-based public benefits.

Statutory Durable Power of Attorney. The gifting provision in the statutory form of the durable power of attorney limits gifting to “the amount of annual exclusions allowed from the federal gift tax for the calendar year of the gift,” which is currently $14,000. A broader authority may be required to permit necessary planning. The agent may need unlimited gifting powers, including the ability to engage in selfdealing, to take advantage of the planning that is allowed under the rules for public benefits qualification. If the principal does not trust the agent sufficiently to grant this level of authority, the principal should name someone else as agent.

Wills. Currently, one in three seniors die from a form of dementia.

Sufficient planning should be done to ensure protection of the surviving spouse who has dementia or some other physical condition requiring long-term care. A married couple is often able to qualify one spouse for Medicaid benefits while keeping significant resources for the community spouse, particularly if their income is below a certain amount.

However, a single individual must have less than $2,000 in countable resources to qualify for Medicaid benefits. If the spouse who is serving as the caregiver

dies first, and the surviving spouse is the beneficiary under the Will, then the surviving spouse will need to have less than $2,000 in countable resources before qualifying for Medicaid benefits.

However, if the Will contains a contingent supplemental needs trust, then the resources of the deceased spouse can be protected for the surviving spouse’s care without inclusion in the countable resources for Medicaid qualification.

Although recent changes to the Texas Estate Code allow courts to reform the Wills, it would be better to plan ahead when possible.

Medicaid Issue Spotting. Assisting an individual with a Medicaid application constitutes the practice of law, and attorneys should be careful about providing such advice unless they stay upto-date on the Medicaid rules. Importantly, though, estate planning attorneys should educate themselves so that they can know when to seek the advice of an elder law attorney. The average cost of long-term care in the DFW area is $3,600 - $6,500/month, depending upon the level of care needed. Only individuals who have long-term care insurance or sufficient funds to pay for years of long-term care should believe they may never need to plan for Medicaid. Every estate planning attorney should be aware of the following: • Long-term illness. Questions about your clients’ health should be a standard part of the information-gathering for preparation of estate planning documents. If your client has been diagnosed with a long-term illness or has been experiencing memory issues, planning

should include the significant possibility of public benefits.

• Medicare. Medicare is health insurance and pays for no more than a portion of 100 days in a skilled nursing facility. Medicare does not pay for longterm custodial care.

• Medicaid. In Texas, Medicaid primarily pays for long-term care in a skilled nursing facility. The benefit available for assisted living and at-home care is very limited and may require extensive waiting. Memory care is typically located in assisted living facilities.

• Transfer penalties. Medicaid has a five-year look-back period, meaning the applicant will be penalized for transferring assets within five years of applying for Medicaid. Gifting up to the annual gift exclusion for taxes is still a transfer under the Medicaid rules. Individuals who may need Medicaid within five years should not engage in any gifting.

• Irrevocable trusts. Funding an irrevocable trust constitutes a transfer and a five-year waiting period. Purposefully transferring assets to an irrevocable trust and waiting five years may not be a good option for individuals with dementia who need memory care in assisted living.

• Revocable living trusts. Revocable living trusts are not good planning mechanisms if Medicaid might be needed. Resources in the name of a revocable living trust are countable for Medicaid purposes. Further, a homestead valued up to $552,000 is exempt from countable resources for Medicaid, if the homestead is in individual names.

If the homestead is in the name of a revocable living trust, it is a countable resource. Public benefits planning regularly requires the revocation of such trusts.

• Life Estate Deeds. Standard life estate deeds constitute transfers for Medicaid purposes. Homesteads can pass to heirs through use of an enhanced life estate deed, also known as a Lady Bird Deed.

• Income. Income is never too high for Medicaid qualification. If the applicant earns more than the income cap, a qualified income trust may be established for eligibility.

Appropriate elder law issue spotting can save your clients from unnecessary HN costs later.

Lori Leu is a Certified Elder Law Attorney with Leu & Peirce, PLLC. She can be reached at lleu@leulawfirm.com.

HELP PRESERVE BELO—BECOME A SUSTAINING MEMBER

Our Bench Book series just got better!

OVER 200,000 PEOPLE COME THROUGH OUR BUILDING EACH YEAR

Your 2017 dues statements have arrived and we ask that you consider renewing as a Sustaining Member ($500).

200,000+ members and guests use the building each year and your contribuƟon at the Sustaining Member level will help us conƟnue the essenƟal upkeep needed to preserve our beauƟful building—as the premiere bar headquarters in the naƟon. Thank you for your support.

All Sustaining Members will be prominently recognized in Headnotes and at our Annual MeeƟng.

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To order this Texas Lawyer title, call 800.756.8993 and ask for the DBA member pricing.

DVAP’s Finest Adrian Bower Adrian Bower is a partner at Cox Bower LLP. Over the years he has taken a variety of cases through DVAP, but gets most excited about new expunction cases, of which he currently has five. To a DVAP client, receiving an expunction means that his/her next job application doesn’t go straight to the rejection pile because a dismissed charge shows up. It is the chance to restore a client’s hope for tomorrow after years of feeling economically punished in the absence of a conviction. A couple of hours plus a trip to Frank Crowley make a world of difference to a client and are far from too much for an attorney to give. Adrian strongly encourages participation in DVAP as a source of experience, mentorship, and fulfillment. Thank you for all you do, Adrian!

Pro Bono: It’s Like Billable Hours for Your Soul.

To volunteer or make a donation, call 214/748-1234, x2243.

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D al l as Bar A ssoci ati on l Headnotes 15

Strong Advocates – Creative Solutions to Complex Problems

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16 H e a d n o t e s l D a l l a s B a r A s s ociation

D ecem ber 2016

Foundation Awards Clerkships, Scholarships, and Grants in 2016

BY ELIZABETH PHILIPP

Rey Rodriguez, Chair of the Dallas Bar Foundation, was excited to announce the establishment of new clerkships for law students through the Foundation in 2016, among the many other program initiatives. He stated that the clerkships would not have been possible without the willingness of judges and attorneys to mentor the law students. The Bob Mow Judicial Internship at the U.S. District Court was awarded for the first time at the 25th annual Fellows Luncheon in March. In accepting the internship award, Jacob Novak, 2L SMU Dedman School of Law, said he looked forward to accepting challenging assignments from Chief Judge Barbara Lynn during the six week summer internship in her court.

The first recipient of the Stephen Philbin Media Law clerkship, Kristi Brooks, 2L SMU Dedman School of Law, was introduced at the Philbin Awards Luncheon in September. Ms. Brooks was able to spend time with Christine Larkin, General Counsel to the Dallas Morning News, and with Paul Watler, of Jackson Walker L.L.P. during the six week clerkship. The Judge Nikki DeShazo and Edward D. Smith Probate Law Clerkships were also implemented this year. As part of the Clerkships, law students are assigned to work with a specific Probate Judges. Additionally, eight summer clerkships were awarded to 2L minority students through the Collins Clerkship program, bringing the total amount awarded since 1989 through this program to more than $524,000.

Once again, this year, one student from each of the three area law schools

was selected as a recipient of the Judge Sarah T. Hughes Diversity Scholarship. The students were introduced at the Bar None/Hughes Scholar luncheon in October. At the luncheon, Tom Mighell, of Contoural, Inc., and Martha Hofmeister, of Shackelford, Bowen, McKinley & Norton, LLP, announced that Bar None XXXI raised over $86,000 for the scholarships this year. Since 1981, more than $2.2 million has been awarded in Hughes Scholarships.

The DBF Grants Committee budget for 2016 was $77,000. The grant awards are in addition to the other programs mentioned above and the long-standing programs, such as the Justice James A. Baker Clerkship, the Donald C. McCleary - Gardere Leadership Scholarship, and the Philbin Awards for excellence in legal reporting.

The 2016 Grants Committee was chaired by Scott McElhaney, of Jackson Walker L.L.P., with Kim Askew, of K&L Gates LLP, serving as Vice Chair.

They are joined on the committee by Wei Wei Jeang, of Grable Martin Fulton PLLC, and Brad Weber, of Locke Lord LLP. Each grant request was reviewed by the committee before being presented to the DBF Board of Trustees for final determination. Committee members reviewed the requests to ensure the programs align with the DBF mission of supporting law-related scholarships

Whether you practice personal injury litigation or insurancedefense, you’ll find the

and education, charitable and legal aid for the indigent, law-related forums for the furtherance of justice, and historical preservation and observances. The organizations must provide financial statements, a program budget, and a list of their board members, which often include attorneys who are DBF Fellows.

Throughout the year, selected grantee organizations were invited to attend a DBF Board meeting to report on the measurable difference the grant has brought to the beneficiaries of their programs.

All grantees are asked to submit a written narrative on the results they have achieved from the initiatives described in their grant request.

A partial list of grant awards this year include: • “Appealing to the Public,” a public service program presented by the DBA in partnership with the Fifth District Court of Appeals at Dallas for DISD students and the public to enhance their understanding of the Court system and appeals process.

An actual appeal is heard by the Court with 200 students in attendance.

• Children At Risk summer clerkship for a 2L student to research legislation and programs to reduce trafficking of children in Texas.

• Family Law Clinic at SMU Dedman School of Law, which provides pro bono legal services for complex family law cases and which also provides training for law students.

• Dallas Bar Association educational program titled “Uncovering Implicit Bias and Understanding its Effects” presented in January 2016.

• Dallas CASA (Court Appointed Special Advocates) in support of their initiative to recruit volunteers who are approved with a background check to represent the children’s best interests in court proceedings.

• Dallas Urban Debate Alliance, which provides debate instruction, debate competition, and attorney mentors to DISD students who would not otherwise have had an opportunity to participate on a debate team.

• IGNITE, an after-school civics program for high school girls, which encourages their understanding of the political process and the importance of having women involved in leadership positions as elected officials.

• Minority Attorney Program Committee of the DBA, which provided a one-day seminar for solo, small, and minority firms focusing on business development, marketing, office management, technology, guardian ad litem, and court appointments.

• Texas High School Mock Trial program, which is organized and supported by DBA members. Local attorneys and judges volunteer many hours each year to host and judge the state-wide high school competition. The winning school advances to HN the national competition.

Elizabeth Philipp is Executive Director of the Dallas Bar Foundation and can be reached at ephilipp@dallasbar.org.

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De c e mb e r 2 0 16

D al l as Bar A ssoci ati on l Headnotes 17

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18 H e a d n o t e s l D a l l a s B a r A s s ociation

D ecem ber 2016

DBA Athletic Director

The Quest Continues—Jump On Board

BY KENNETH G. RAGGIO

It has been a fun year writing this column, featuring many examples of applied fitness to which we, as lawyers, and as members of American society, need to aspire.

The premise is that vigorous exercise as a regular part of life dramatically changes the trajectory of one’s life— over age 40—to avoid the diabetes and obesity epidemics that are looming over our health and our health care system.

As one doctor said in a recent inter-

Graph 1

view talking about the Affordable Care Act, “getting people in their 20s or 30s into the healthcare system will likely lead to better—and cheaper—outcomes than someone suddenly appearing in an emergency room years later with acute and very expensive healthcare issues.”

This column has emphasized exercise as a means of preserving health and preventing or forestalling debilitating diseases, as well as aging gracefully. The most succinct deliverer of such message is the book Younger Next Year, which was found to be so compelling that Karen Gren Scholer, of Carter Scholer Arnett Hamada & Mockler, PLLC, gave out more than 500 copies to those attending the Inspiring Women luncheon held last year at Belo.

So get the book. Read the book. And most importantly, act on the book.

Chapter 1 of the book contains three graphs, two of which are shown below. Graph 1 is the showing our usual sedentary life style—crashing into miserable and expensive aging and death. Graph 2 shows the changed outcome achieved by following a regime including exercise. The book, first published in 2004, has had its message reinforced and extended by medical studies and experience since then.

Graph 2

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The book is still in the news. The October-November 2016 AARP magazine published a six-page article about the book, with helpful examples of exercises and other endeavors that ALL of us should be doing on a daily basis. And there is a new quote from co-author Chris Crowley: “How long you live is 80 percent genetics and 20 percent you. But how well you live is 80 percent up to you and 20 percent genes.” If you cannot buy the book, go online to www.aarp.org to see the book’s seven rules to live byas well as exercises, diet tips, and brain tips from the book.

There are DBA lawyers who are using their own experience to help improve our individual health and the overall fitness of the bar. Judge John Roach, Jr. went from a couch potato to doing Ironmans, and he devotes part of each CLE presentation that he gives to telling his personal story and encouraging lawyers to get with the program— any program—that will lead to better health and fitness.

Immediate past president of the State Bar of Texas Alan DuBois led efforts for the entire State Bar to not only find a path to physical fitness but also avoid or deal with addiction, impairment, and other occupational risks of the high stress job that many lawyers may experience.

DBA member Luther Jones, not only “walks the walk” but he “talks the talk”

of fitness. Mr. Jones has authored a book and teaches a course at Brookhaven College, entitled Healthy Lifestyle for Seniors. Emmanuel Obi teaches and wrote a book about yoga. Brett Stalcup has made health an avocation by starting a mini-Canyon Ranch type of restorative experience called the Trio Experience, a four-day(or more) fitness retreat in Florida for both men and women.

Past columns have shown there are many methods to pursue fitness and wellness. Here are some more examples of lawyers in action. Jeff Cook stays fit so that in the fall he can go chase elk up and down the mountains of Wyoming.

Reed Prospere and others eschew the typical Texas deer blind by doing fair game hunting deer and game birds on foot. Marilea Lewis, Paula Larsen, Mary Jo McCurley, and Clint Blackman are among many who regularly do gym workouts, fitness classes, yoga, or Pilates. Many like Grier and Judge Lorraine Raggio and Al Engelland regularly go to “boot camp” with a personal trainer.

Every little bit helps. Even the standing desk or the Varidesk used by Larry Hance, Michelle O’Neil, and Robert McAngus helps overall fitness by allowing attorneys to avoid sitting all day long. Joggers like Peter Vogel and Mey Ly-Ortiz help to keep their joints “young” by purchasing new running shoes every other month. And just about all of us can (should?) walk up a flight or three of stairs instead of taking the elevator all the time.

Everyone mentioned in these columns has a strategy to stay fit. Don’t you want to be on the second graph, not the first?

It has been fun over the past year being able to show a side of the many lawyers who serve as beacons to help us, both individually and as a bar, to strive for and to achieve a better overall level of health and fitness. I am appreciative that I have been able to share these lawyers’ out-of-the-office-or-court experiences with you. Live well.

HN Kenneth G. Raggio is a partner at Raggio & Raggio, P.L.L.C. and can be reached at kenneth@raggiolaw.com.

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Focus

D al l as Bar A ssoci ati on l Headnotes 19

Probate, Trusts & Estates Law

Estate Planning for Parents of Minors

BY CHRISTINE S. WAKEMAN

A client once told his attorney he did not have a will. The attorney replied, “You do have a will. The State of Texas wrote it for you, and you may not like the terms very much.” Similarly, parents of minor children should be aware of the consequences of not having a comprehensive estate plan.

First, parents should know that generally minors cannot inherit property outright. Ironically, there are many circumstances in which a minor might receive property from a deceased parent. For instance, if a parent of a minor child dies without a will and is unmarried, married with children by a person other than their surviving spouse, or married but owned separate property, then a minor will be legally entitled to inherit property from the decedent. Alternatively, parents who have a valid will may purport to leave property outright to minor children, or a minor could be named as a beneficiary of a non-probate asset, such as a life insurance policy or retirement account.

What happens if a minor is the designated beneficiary of property? The traditional method of dealing with a minor’s inheritance rights is through guardianship. Guardianships are court-supervised and may be expensive and administratively burdensome. Sometimes courtcreated trusts, transfers to a Texas Uniform Transfer to Minors Act (TUTMA) account (where authorized in a will or where under $25,000 if not authorized in a will), or doing nothing until the minor reaches age 18 may be options. But find-

ing a fix is frequently substantially more expensive and restrictive than proactive planning would have been. Furthermore, parents lose the ability to select persons or institutions that will be responsible for managing funds if they do not plan ahead.

Second, parents should know that it is important that they make guardianship nominations in their wills, and that generally the nomination of the surviving parent will be respected by courts. The guardian of the person of a minor makes important care decisions for the minor, such as where they will live. The guardian of the estate manages money for the minor in the event no legally acceptable alternative exists. The guardian of the person and the estate need not, but may, be the same individual. If one parent dies, the other parent is the natural guardian of the person of the child and has priority to be appointed guardian of the minor’s estate. If both parents of a minor are deceased, then the surviving parent is entitled to nominate a guardian of the person and a guardian of the estate for the minor child by will or other written declaration. A minor who is at least 12 years old may select their own guardian. If no guardian nomination has been made, then the child’s nearest kin has priority to be appointed (with first preference to grandparents). The court has the ultimate discretion to determine that a nominee serves the minor’s best interests and to determine who the most suitable guardian is when more than one candidate exists.

Parents should consider the following actions to prevent many potential estate administration problems:

• Make a New Will or Review a Current Will. Ensure the following provisions are addressed: ° Nominating Guardians. Make a “lineup” of individuals to serve as guardian of the person and guardian of the estate. Generally, coguardians are not appointed, unless the court finds co-guardians to be in the minor’s best interest and they are husband and wife or joint managing conservators.

Creating an Independent Admin° istration and Waiving Bond. Avoid the complication and additional administrative expense of a courtsupervised probate administration.

Scan current documents to see if there is mention of the appointment of an independent administration and a specific waiver of the requirement that the administrator post bond. It becomes more difficult

to obtain an independent administration or waiver of bond if a minor is a beneficiary of an estate if this is provided for in the decedent’s will. ° Property Does Not Pass Outright to Minors. Ensure that the will creates contingent trusts for minors and/or authorizes transfers to a TUTMA account so that funds in excess of $25,000 can be held by a custodian for the benefit of a minor in lieu of guardianship.

• Review Beneficiary Designations for Non-Probate Assets. If minors are named as primary or alternate beneficiaries for retirement plans or insurance policies, a change needs to be made to the designation.

Where minor beneficiaries are concerned in estate planning, an ounce of prevention is worth a pound of cure. HN Christine S. Wakeman is an associate at The Blum Firm, P.C. She can be reached at cwakeman@theblumfirm.com.

JOURNEY TO CUBA WITH THE DBA! APRIL 17-21, 2017 A cross-cultural Educational Exchange organized by Cuba Cultural Travel See page 23 for details.

The deadline for registration is December 19, 2016.

For more information, contact Judi Smalling at jsmalling@dallasbar.org.

20 H e a d n o t e s l D a l l a s B a r A s s ociation

D ecem ber 2016

Decorate Your Case Just Right – Map It With A Jury Charge

BY JUDGE KEN MOLBERG AND VICTOR VITAL

The holiday season is upon us, and the mood is festive. People are thinking of good times in years past, cherished holiday traditions, and the joy of family, friends, and holiday cheer. During this season, the decoration of holiday trees is a treasured tradition. In the midst of the season, only a trial lawyer and trial judge could see trial advocacy in the tradition of decorating trees. Yet trial aficionados are able to see metaphors and analogies for our courtroom work in any and everything—even the decoration of holiday trees.

Building and developing a good trial case is like decorating a good tree during the holiday season. Think of any good holiday tree that you have seen decorated. In order to have a well decorated tree, you need to hang an ornament on each branch, while being careful not to overly decorate. The same holds true for any trial case.

How do we decorate our trial cases?

Unfortunately many litigators do not do so thoughtfully. They get a new file in the door and immediately go to work.

Interrogatories and requests for disclosure are served. Requests for admission and for production also are served. And do not forget about depositions—a flurry of deposition notices are sure to fly about

between the parties, with multiple depositions taken and defended. After all of that activity, the case stands ready for trial, or is it really ready? The lawyer without the right proof is in a dire position in the arena of proof—i.e., the courtroom. Such a lawyer can find his or her claims or defenses disposed of via a motion for directed verdict; or be unable to get a desired jury question; or perhaps, worst of all, secure a jury verdict only to have it snatched away on appeal because of the insufficiency of evidence. Such a lawyer has failed to properly decorate his or her tree; that lawyer has left a branch bare, failing to hang an ornament (read: evidence) on each branch (read: element of the claim or defense). The flurry of litigation activity was all for naught.

To avoid these scenarios, the best practice in trial law is to “begin with the end in mind�—i.e., assess the issues at the outset of the case and prepare the anticipated jury charge. In doing so, the effective trial lawyer can be sure to work up and develop his or her case with the view of securing an ornament (i.e., evidence) to hang on each branch (i.e., element), thus ensuring his or her ability to defeat a motion for directed verdict;,secure any desired jury question, and, most of all, defend his or her jury verdict on appeal.

But a trial lawyer can overdo it. Just like an otherwise beautiful tree can be

ÂŽ

overly decorated, an otherwise good trial case can be weighed down by too much evidence. Yes, there is such a thing as an overworked case. Once you have your jury charge, the seasoned lawyer is always cognizant of securing just the right evidence, being sure not to overburden his or her case with too many documentary exhibits, or even worse yet, too many witnesses. An “overly adorned� case is sure to aggravate the judge presiding over your trial. Even more, however, many jurors have been antagonized by lawyers who “whipped the dead horse.� Hanging too many ornaments on the branch of your trial tree is a sure way to lose ground in the war of persuasion. Better to have the judge and jury look at your case and comment, “What a beautiful case, it was adorned just right.�

In order to achieve that result, the smart trial practice is to build your jury charge at the outset of the case, and then think strategically about your proof.

What evidence do you need to prove each point? Is witness testimony neces-

sary on a given element, or will a selfauthenticated document suffice? And if witness testimony is necessary, who should the witness be and how many witnesses do you really need? If you’re propounding discovery, what is your purpose for each question or request you are serving? If it does not go to or negate an element of proof in the anticipated jury charge, you should reconsider whether it is really a necessary use of your time and your client’s money.

In the end, in trying your lawsuit, map your case with the anticipated jury charge to make sure you decorate your case with the right ornaments. Too little, and you do not get what you want; but too much, and you could very well alienHN ate the factfinder.

Hon. Ken Molberg is a judge at the 95th District Court and can be reached at kmolberg@dallascourts.org. Victor Vital is a partner at Barnes & Thornburg LLP and can be reached at victor.vital@ btlaw.com.

Planning to do some holiday shopping on Amazon?

If so, you can shop on Amazon and Give Back to DVAP! You can now help the Dallas Volunteer Attorney Program by simply shopping on Amazon. Go online to https://smile.amazon.com/ch/75-2410525 to get started.

When you shop through AmazonSmile, the AmazonSmileFoundation will donate .5% of the price of eligible purchases to DVAP. BECOME INVOLVED IN HIGH SCHOOL MOCK TRIAL x

Help with competitions

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Become an advocate for mock trial Help recruit compeĆ&#x;Ć&#x;on volunteers and conduct trainings to educate schools, students and teacher coaches on mock trial.

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Mock Trial CompeĆ&#x;Ć&#x;on Dates: January 21Ͳ28, February 4 and March 3Ͳ4, 2017 See website for details: www.texashighschoolmocktrial.com To volunteer, or for more informaĆ&#x;on: mgarcia@dallasbar.org | (214) 220Ͳ7484.

CYBERSECURITY AND DATA PRIVACY LAW CONFERENCE January 25 - 26, 2017 at The Center for American and International Law 5201 Democracy Drive, Plano, TX 75024 This conference brings together cybersecurity professionals from the North Texas region and around the country to provide advice and guidance to in-house and private practice attorneys on cybersecurity legal issues.

Designed for the experienced cybersecurity attorney and those responsible for handling cybersecurity plans and responses, the conference will update attendees with the most current regulations and cybersecurity issues, MQQaRbb QReRZ^_\R]cb W] cVR PhORabRPdaWch ĹŹRZQÍœ M]Q _a^eWQR cRPV]W`dRb S^a addressing cyber risks and responses. MCLE credit will be available.

For more information and to register, visit cailaw.org/ilt.

20TH ANNUAL PROFESSIONAL

ADVISOR SEMINAR

Making Money, While Here for Good: Impact Investing from the Fiduciary’s Viewpoint PRESENTED BY

Susan N. Gary

Friday, February 3, 2017 | 7:30 a.m. - 10:30 a.m. | Dallas Country Club Individual tickets and table sponsorships are available. To view additional information about the event, purchase tickets, or view continuing education FHUWLĂ€FDWLRQ FUHGLW DYDLODELOLW\ YLVLW dallasfoundation.org or call 214.741.9898.

Susan N. Gary is the Orlando J. and Marian H. Hollis Professor at the University of Oregon School of Law. Professor Gary teaches and has written and spoken extensively about trusts and estates, estate planning, and nonproďŹ t organizations.

ILT is an Institute of The Dallas Foundation, founded in 1929, is the oldest community foundation in Texas and serves as a resource for professional advisors, as well as a philanthropic partner for your clients.

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Focus

D al l as Bar A ssoci ati on l Headnotes 21

Probate, Trusts & Estates Law

ABLE Accounts: A Better Life for Individuals with Disabilities?

BY TRESI WEEKS

Individuals with disabilities face a dilemma when they try to save money. If a single person has more than $2,000, they could lose their valuable Supplemental Security Income (SSI) or Medicaid services, which for some folks means losing housing and medical care. The Achieving a Better Life Experience (ABLE) Act was enacted in December 2014, to enable those with special needs to save money in an ABLE account without jeopardizing their eligibility for needs-based benefits.

This new tool adds options for our clients with special needs, but does not replace other tools such as special needs trusts.

The federal ABLE Act allows states to establish a special savings program for persons with disabilities, which operate similar to 529 education accounts.

The U.S. Department of the Treasury is currently developing regulations to guide the states in the administration of the program.

The Texas ABLE Program was signed into law in June 2015, and the program will be administered by the Texas Comptroller’s office through the Texas Prepaid Higher Education Tuition Board. The Texas ABLE Program is not open for enrollment yet, but individuals may open an account in any state program that accepts out-of-state residents.

An ABLE account may be established for any individual who became disabled or blind prior to the age of 26. If an individual is receiving SSI or Medicaid, they are considered disabled. If the person has not received a disability determination by

the Social Security Administration, they must submit a disability certification with supporting documentation, however, it is currently unclear what proof satisfies this requirement.

An individual is allowed to have only one ABLE account, but anyone may contribute to the account. If the beneficiary is not able to open their own account, an agent, parent, or legal guardian may establish the account. The beneficiary is considered to be the owner of the account, regardless of who has signatory authority.

The individual or contributor may fund the account with an annual contribution not to exceed the annual gifttax exclusion amount ($14,000 in 2016).

The accounts may accumulate up to the sponsoring state’s limit for 529 education plans (currently $370,000 in Texas).

SSI, however, only exempts the first $100,000. If someone receiving SSI saves over $100,000, they would lose eligibility for SSI, but would remain eligible for Medicaid. Further, distributions for certain housing expenses are not disregarded for SSI purposes.

ABLE accounts are funded with aftertax dollars, and interest earned is not taxed if the funds are used for disability related expenses. Allowable expenses generally include education, housing, transportation, employment support, health and wellness, legal fees, assistive technology and personal support, funeral and burial, and other personal expenses.

Qualified distributions are not taxable to the contributor or the beneficiary, while distributions for a non-qualified expense subjects the beneficiary to income tax and a 10 percent penalty. The ABLE account

owner should keep records to prove the funds were used for disability related expenses.

The major drawback of ABLE accounts is the Medicaid payback provision. When the beneficiary dies, the remaining funds must first be used to reimburse Medicaid for payments made on behalf of the beneficiary subsequent to the establishment of the account. If the account beneficiary is receiving Medicaid, counsel must carefully consider how much should be placed in the ABLE account.

ABLE accounts may not be the best way for a parent or relative to save for their loved one with special needs. If the relative instead puts their funds in a special needs trust for the individual, the money may be used to care for the individual’s expenses, but there is no Medicaid payback provision. When the beneficiary dies, the remaining trust funds go to

the remainder beneficiaries named in the trust, rather than to Medicaid.

However, ABLE accounts may be helpful for individuals who work and would like to save their own money for emergencies or a better quality of life.

They can also be used to safeguard a small inheritance or gift.

The ABLE Act brings attention to the special needs community and allows people with disabilities to become more independent. While ABLE accounts provide an additional option for serving clients with special needs, it is not appropriate in every circumstance and may not subvert the need for other tools in planning for those with special needs, such as the SpeHN cial Needs Trust.

Tresi Weeks is the founder of the Weeks Law Firm. She can be reached at attorney@weekslawfirm.com.

Is the 2017 DBA Trial Academy a Good Fit for You? • • • • •

Hands-on trial skills training program/CLE For solo or small firm lawyers For lawyers with a practice in state or county courts For lawyers licensed five years or less Combines lectures and demonstrations by seasoned attorneys and live exercises by participants

For more information or to apply, please contact Kathryn Zack at kzack@dallasbar.org.

Deadline to apply January 31, 2017.

22 H e a d n o t e s l D a l l a s B a r A s s ociation

D ecem ber 2016

DBA Offers CLEs at Belo, North Dallas & South Dallas Locations Did you know that the DBA offers more than 400 CLEs each year—most of which are free with your membership? In addition to daily CLEs at the Belo Mansion, the DBA also offers monthly CLEs in North Dallas at Two Lincoln Centre, and in South Dallas an UNT Dallas. Check out our CLE options online at www.dallasbar.org/ today-at-the-dba. To continuing receive your free CLE, renew your membership online at http://www2.dallasbar.org/dbaweb/membership/.

In addition to Section CLEs, DBA Committees also offer a variety of CLE topics, including the Judiciary Committee which recently presented “Supreme Scuttlebutt” with speakers Justice Don Willett, Danny Tobey, and Don Cruse.

The Dallas Volunteer Attorney Program offers various Pro Bono-related CLEs throughout the year. Congratulations to the 2016 Pro Bono Award recipients.

Michael Bernstein presents a CLE in North Dallas. ▼

▼

DBA members attend a CLE in South Dallas

The DBA Education Symposium offered a half-day program to educators and attorneys. During the luncheon, the Jack Lowe Sr. Award for Community Leadership was presented to the Aberg Center for Literacy.

2 017 INAUGURAL OF Rob Crain A T T HE W ESTIN G ALLERIA D ALLAS

WHY DONATE TO THE EQUAL ACCESS TO JUSTICE CAMPAIGN BENEFITTING DVAP? 1. Help provide legal aid to the poor.

2. Receive recognition in Headnotes, D Magazine, The Dallas Morning News Giving Guide, The Dallas Morning News, and Texas Lawyer.

Receive recognition in the DBA’s weekly e-newsletter and on the DBA website and social media pages.

Be highlighted in press releases.

Be the subject of a feature Headnotes article on you, your

firm, or organization.

Saturday, January 14, 2017 The Dallas Bar Association will inaugurate its 108th President, Rob Crain at the inaugural ball on Saturday, January 14.

Receive complimentary tickets to the DBA Inaugural Ball.

Plus many more perks!

Donate now to take advantage of these great benefits!

The black-tie ball will include dinner, live music by Whiskey Pants and a silent auction.

Cocktails 6:30 p.m. | Dinner 7:30 p.m.

Tickets $150; Tables $1,500 | Judiciary $100 To reserve your ticket, contact Shawna Bush at (214) 220-7453 or sbush@dallasbar.org.

Visit www.dallasbar.org for more information!

Find out more at

www.dallasbar.org/dvapcampaign Inclusion varies with donor levels.

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Column

D al l as Bar A ssoci ati on l Headnotes 23

Ethics

Navigating Family Dynamics in Estate Planning

BY SHANNON WELCH

I have just three things to teach: simplicity, patience, compassion.

These three are your greatest treasures. —Lao Tzu A law practice in the area of estate planning or probate litigation is driven by death—either the anticipation of it or the disposition of a lifetime’s accumulation of things that follows it. On the bright side, the inevitability of death certainly provides job security, especially now, as the first of the Baby Boomers are turning 70. But having a practice that revolves around the death of others also requires us to wade into the dynamics of families that rarely resemble the welladjusted wholesomeness of Ward, June, Wally, and Beaver Cleaver. Of course, for a few families, the death of a loved one can serve as a catalyst for healing and resolution. However, such a scenario is more likely the storyline of a Lifetime movie as opposed to the actual narrative of those who regularly engage our services. More often we see all of the dysfunctions that have been stewing within a family for years finally boiling over shortly after the funeral.

The Texas Lawyers Creed provides that we must be “loyal and committed to our client’s lawful objectives,� but that we cannot allow that commitment “to interfere with [our] duty to provide objective and independent advice.� For lawyers drafting wills and trusts, this oath requires more than just drafting the estate plan as a client demands. When a client directs his lawyer to create an estate plan that

contains an unnatural disposition or disinherits a child, planners should do more than just accept the client’s direction because such a disposition is permitted by law. Understanding the reasons behind the unnatural dispositions will allow the conscientious planner to advise clients of other options and outline all of the risks associated with the requested estate plan.

When it is obvious that an estate plan will be challenged, then estate planners must take special precautions to draft estate planning documents that are simple. Lawyers specializing in estate planning for the wealthy have a vast knowledge of tax law, and they take pride in the ability to draft sophisticated, highly-technical, and lengthy wills and trusts that take into account every conceivable contingency.

These complex estate plans are admirable for their thoroughness, but they are virtually incomprehensible to beneficiaries, heirs and, most importantly, to juries.

From a litigation perspective, it is much more attractive to contest a 55-page will containing complicated trust provisions signed by an 83-year-old man with poor vision and hearing than to challenge a 10-page will with simple language signed by the same man. Even if it is likely to reduce the amount of fees that can be charged for the estate plan, advising a client of the value of simplicity in estate planning documents when a contest is foreseeable is part of our duty to provide wise counsel to our clients.

And for those of us whose practices include trust and estate litigation, we cannot lose sight of the fact that our clients are grieving, regardless of whether they lost someone with whom they had

a close relationship or a troubled one. To most effectively represent these clients engaged in trust and estate litigation, we must strive to show compassion for their loss from the outset. Not only is this the kind thing to do, it is an effective way to build trust within the attorney-client relationship. And for these cases, trust is essential. Some of these clients cannot process our advice because they are in a fog—stuck re-living decades of anger, hurt, and painful memories. Considerable patience is required to ensure that these clients understand the litigation process and the reasons for the recommendations we have made. For many, the only relationship that they have had with family members is one marred by conflict. These clients unwittingly want to take positions to prolong litigation and cause pain (financial or otherwise) to the opposing

party. If we have earned their trust, then these clients will not only understand that our commitments under the Texas Lawyer’s Creed prevent us from taking action solely for delay, harassment, or to drain the resources of our opponent, but they will also understand that such actions are seldom in their best interest in the long run anyway.

Navigating through difficult family dynamics is an integral part of estate planning and probate litigation. Implementing a practice of simplicity, compassion, and patience can avert or ease these difficulties, and at the same time, offer our clients a little bit of peace in an otherwise HN unsettling time.

Shannon Welch is a shareholder of Fisher & Welch She can be reached at swelch@ďŹ sherwelch.com.

Texas Lawyers’ Assistance Program TLAP provides confidential help for lawyers, law students, and judges who have problems with substance abuse and/or mental health issues. In addition, TLAP offers many helpful resources, including: x Live Ethics CLE presentations x

Request of specific educational materials

x x x

TLAP Newsletter

1-1, group telephone calls on topics

Friday noon AA telephone meeting 1-800-393-0640, code 6767456

Find out more at www.texasbar.com.

APRIL 2017 YOUR TICKET TO CUBA

Look Forward to a Secure Future 4

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The Dallas Bar Associaton is delighted to offer this exclusive journey!!

We invite you and your guest(s) to join our private delegation for an eyeopening journey at this most pivotal time in U.S.-Cuba relations. Our specially designed program will explore Cuba’s rich and varied cultural heritage. We will go beyond tourist corridors by engaging with local scholars, attorneys, musicians and artists who will offer in-depth commentary on the Cuban legal system, art, history, architecture, and religion.

Erin Peirce

Lori Leu

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We have teamed with Cuba Cultural Travel to create two extraordinary trips.

1st Departure: April 17-21, 2017 4FDPOE EFQBSUVSF TPME PVU

Our private journeys (space is limited) include the following: t Thought provoking lectures by renowned intellectuals, scholars and legal expert NOTE: A select number of lectures will qualify for MCLE credit, pending approval t Private performances and reception by prominent dance companies and musicians t Exploration of the fascinating neighborhoods of Havana in the company of an architect and historian To request a brochure and registration information, please contact Judi Smalling at jsmalling@dallasbar.org.

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Senior adults often need expert legal counsel as they prepare for the aging stage of life, and Lori Leu is one of the few attorneys in DFW designated a CertiďŹ ed Elder Law Attorney by the National Elder Law Foundation.

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24 H e a d n o t e s l D a l l a s B a r A s s ociation

D ecem ber 2016

1. Over 400 FREE CLE courses offered each year! Our 30 substantive law Sections present cutting edge CLE programs. Members meet monthly at Belo during lunch or in the evening.

2. DBA Headnotes monthly publication is full of substantive legal articles and weekly Dallas Bar Online e-newsletter lists upcoming CLE programs and events.

3. Lawyer Referral Service panel is a great way to get connected with citizens who need legal help.

4. Get involved with various DBA Mentoring Programs that pair new lawyers with seasoned attorneys.

THANK YOU TO ALL WHO VOLUNTEERED & HELPED TO MAKE THE DBA DAY OF SERVICE A SUCCESS! For Your Service: DBA Community Involvement Committee Barnes & Thornburg LLP Dallas Chapter of Christian Legal Society Dallas Asian American Bar Association Greenberg Traurig, LLP Texas Tech School of Law UNT Dallas College of Law Vinson & Elkins LLP

5. Post job openings, search resumes and jobs through our online DBA Career Center. Sign up on DBA website.

6. If you are accepting credit cards, trust your transactions to LawPay. DBA members can save up to 25% off credit card processing fees. For more information, call (866) 376-0950 or visit https://lawpay.com/dallasbar/.

7. You will be included in the DBA Pictorial Directory available in print and online to all DBA members.

8. Take advantage of ABA Publication Discounts as a DBA member. For a list of titles or to place an order, visit www.abanet.org/abastore.

9. The Dallas Volunteer Attorney Program offers lawyers

Pro Bono Opportunities to assist low-income residents through clinics, and provides free CLE training seminars.

10. DBA Committee Membership is a great way to perform community service and/or participate in the legal community.

11. Participate in social activities for great Networking Opportunities with lawyers from all areas of practice.

12. Discounts on Texas Rangers and Dallas Mavericks tickets available to all DBA members.

13. DBA members receive Clothing Discounts on Brooks Brothers and JoS. A. Bank clothing. For discount codes, send request to membership@dallasbar.org.

14. Members receive Hotel Discounts at many La Quinta Inns & Suites. Visit DBA website for more details.

15. Discounted Health Club Memberships are available at TELOS Fitness Center and The Texas Club.

16. DBA Members may rent the Belo Mansion for an event or special occasion or bring a guest to the daily buffet lunch.

Questions? Contact Kim Watson, Membership Director, (214) 220-7414 or kwatson@dallasbar.org

West Dallas Community School Bonton Farms Dallas Animal Services Dallas Area Habitat for Humanity The North Texas Food Bank DVAP East Dallas Legal Clinic

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Focus

D al l as Bar A ssoci ati on l Headnotes 25

Probate, Trusts & Estates Law

Pet Care Planning and Protection

BY PATRICIA WILHITE MCCARTNEY

Pet planning and protection are trending issues that span across multiple areas of law. With more than 78 million households owning at least one pet, and the increasing view that pets are family members, there should be little surprise that the legal community is adjusting to address the unique pet and equine issues that their owners may face.

Estate Planning Strategies for Pet Owners

An estimated 500,000 pets are euthanized each year, due to the pet owner’s failure to plan for the care of their companion animals in case of incapacity, divorce, or death, resulting in the growing demand for pet estate planning. Although Texas law does not recognize specific bequests made to pets, individuals can legally provide for their companion animals through the use of testamentary or inter vivos pet trusts.

A testamentary pet trust can be added to a will, with simple language such as “I leave $5,000 for the care of my cat, Whiskers,” or it can be more detailed in nature. The primary drawback of a testamentary pet trust is that it only takes effect after the pet owner’s death and must be probated. Consequently, there may be an interruption in the financial and physical care for the pet, if not properly planned for.

The other option is the creation of an inter vivos pet trust. Unlike its testamentary counterpart, an inter vivos pet trust

is funded at the time of creation and is designed to take effect immediately upon death or incapacity. An inter vivos pet trust also allows for detailed instructions, including pet feeding habits, grooming instructions, medical needs, etc. Both trusts provide for the designation of a separate person or entity to be named as a Trustee in order to ensure that the owner’s wishes toward the pet or equine are properly carried out.

A Pet Power of Attorney is another estate planning tool. It may be as simple as a Limited Power of Attorney granted to a veterinarian, trainer or pet resort, or it can be more permanent in nature, when included in a Durable Power of Attorney.

Through the addition of a pet provision, an owner can authorize the uninterrupted care of a pet or equine, should it become necessary.

Pet Protection Through Mediation

Alternative Dispute Resolution involving pets and equine provide litigants and their counsel another means of resolving disputes either prior to or during litigation. From dog bite matters and neighborhood disputes to ownership issues or custody conflicts, pet and equine mediation provides the parties an opportunity to actively participate in the resolution process. Since companion animals are still classified as personal property, the legal system can prove to be inadequate in addressing the deep attachment many people have to their pets. Unlike children, Texas law does not

recognize the best interest of the pets.

Instead, facts such as ownership prior to marriage and receipts reflecting which party spent the most money on the pet are the primary factors Judges are left to weigh in making a pet custody decision.

Dissatisfied with that option, many couples are choosing mediation where the parties can work together to facilitate a more flexible agreement, while taking into account the bonds between the parties and their pets

Pet Nuptial Agreements

While the Texas Legislature has yet to address pet nuptial agreements, like traditional prenuptial agreements, a pet nuptial is designed to predetermine the custody of the family pet in the event of divorce. Although the inclusion of pet pre-nuptial agreements originated in

England they are slowly gaining attention throughout the U.S. Similarly, for couples who are not married, a pet companion agreement can be utilized in place of a more traditional companion agreement, in order to protect each party’s interest in their pet. Like pet custody mediation, pet nuptial agreements can provide successful alternatives to the financial and emotional costs involved in litigating pet custody disputes.

No matter what the issue may be, the inclusion of pets and equine in a portfolio of legal services may be considered a recognized response an ever growing petcentric culture.

HN Patricia Wilhite McCartney has a Dallas legal and mediation practice dedicated to pets and equine. She can be reached at mccartneylaw@aol.com.

CIC NEEDS YOUR DONATIONS The DBA Community Involvement Committee is collecting gently used men and women’s suits, coats, dress clothes, and accessories (including dress shoes, shirts, belts and ties).

Benefits the Dallas Life Foundation Drop off donations Friday, December 9, 9:00 a.m. to noon at Belo (circle drive).

For more information, contact kzack@dallasbar.org.

If you have recently moved, please verify that we have your correct office and home address on file.

Just login at www.dallasbar.org/membership, review the information, and update.

Photo by Dennis Drenner for the American Red Cross

S TRO N G ER t h a n t h e S TO RM The day after Christmas 2015 was disastrous for Garland and nearby communities when nine tornados ripped through the area. But no sooner had the storm passed than WFAA Channel 8 moved to support the Red Cross relief efforts. They came to Communities

Deep in the heart of giving™

Foundation of Texas to help them quickly set up the Garland-Rowlett disaster campaign through the WFAA Community Charitable Projects Fund at CFT. Likewise, the City of Garland also turned to CFT and created the Garland Texas Tornado Relief Fund at CFT. With ongoing donations, the community is better prepared for clearer days ahead.

Create your fund today.

Call us at 214-750-4145, email giving@cftexas.org or visit www.CFTexas.org/GivingFund

26 H e a d n o t e s l D a l l a s B a r A s s ociation

In the News

December

FROM THE DAIS

Brad Whitlock, of Scheef & Stone, was a participant at the Mergers & Acquisitions Institute Conference panel discussion entitled “Texas Twists: An Essential Guide to Key Texas Law M&A Issues,” organized by the University of Texas School of Law. Joyce Mazero, of Gardere Wynne Sewell LLP, spoke at the National Restaurant Association’s Supply Chain Management Conference in Orlando, Florida.

KUDOS

Bruce Bowman, of Godwin Bowman & Martinez PC, has been named President and Managing Shareholder. Laci Bowman and Elisaveta “Leiza” Dolghih, of the firm, have been promoted to Shareholders, and Stefanie Major McGregor has been promoted to Senior Counsel.

Anne Ashby, of Law Office of Anne Ashby and Co-Counsel to Shields Legal Group, has been selected as a Fellow of the Chartered Institute of Arbitrators.

Lisa Blue, of Baron & Blue, was presented the 2016 Louise B. Raggio Award by the Dallas Women Lawyers Association.

Nathan Christensen, of Hunt Consolidated, Inc., has been selected by The Dallas Regional Chamber to its Leadership Dallas Class of 2017.

Honorable Barbara J. Houser, Chief Bankruptcy Judge for the Northern District of Texas, received the Distinguished Service Award for 2016 from The Bankruptcy Alliance of the American Inns of Court at the National Conference of Bankruptcy Judges in San Francisco, California.

ON THE MOVE

Amy Estes and Lauren Smyth have joined McGuire, Craddock & Strother, P.C. as Associates, and Melissa Winchester has joined as Of Counsel.

Mario Perez Dolan has joined Jackson Walker L.L.P. as Partner.

Bryce Hopson has joined Hance Law Group as Associate.

Spanish for Lawyers: Sign Up Now! 10-Week Course Spring 2017 | Cost: $180 January 3 — March 9, 2017 For more information, contact Yedenia Hinojos at yhinojos@dallasbar.org or (214) 220-7447

Gardere Wynne Sewell LLP has moved offices to 2021 McKinney Avenue, Suite 1600, Dallas, TX 75201.

Steven A. Springer joined Fletcher, Farley, Shipman & Salinas, LLP as Of Counsel.

Hunter S. Hullett joined Holland & Knight LLP as Associate.

News items regarding current members of the Dallas Bar Association are included in Headnotes as space permits. Please send your announcements to Judi Smalling at jsmalling@dallasbar.org

The Dallas County Probate Courts have temporarily moved To Renaissance Tower: Probate Court No. 1 1201 Elm Street, Suite 2400A, Floor 24 214-653-7236

Probate Court No. 2 1201 Elm Street, Suite 2200A, Floor 22 214-653-7138

Probate Court No. 3 1201 Elm Street, Suite 2200B, Floor 22 214-653-6166

TLIEnduring With over 36 years in the business, and our enduring commitment to exceptional coverage, Texas Lawyers’ Insurance Exchange has been voted best professional liability insurance company in Texas four years in a row

by Texas Lawyer magazine. TLIE is also a Preferred Provider of the State Bar of Texas and has returned over $41,550,000 to our policyholders.

See why our enduring commitment, exceptional coverage and remarkable staff make the difference.

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DAYL Foundation Fellows Luncheon Thursday, December 15, 2016 11:30 a.m. – 1:00 p.m.

Keynote address: Judge Barbara M.G. Lynn, Chief Judge, U.S. District Court for the Northern District of Texas Tickets $35; Table of ten $350 Register at https://2016fellowsluncheon.eventbrite.com

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Classifieds

D al l as Bar A ssoci ati on l Headnotes 27

December

EXPERT WITNESS

Economic Damages Experts – HSNO is the Forensics Firm. The Dallas office of HSNO has five CPA testifying experts who specialize in the calculation of economic damages in areas such as commercial lost profits, personal lost earnings, business valuations, property damage, insurance litigation, intellectual properties, commercial litigation, contract disputes, bankruptcy, and fraud. HSNO is qualified in most industries including, but not limited to, energy (offshore and onshore), manufacturing, hospitality, service, insurance, transportation, entertainment, product liability, construction and construction. HSNO has 17 U.S. offices and offices in London and Mexico. Contact Peter Hagen or Karl Weisheit at (972) 980-5060 or HSNO.com.

Economic Damages Experts - Thomas Roney has more than twenty five years’ experience providing economic consulting services, expert reports and expert testimony in court, deposition and arbitration. His firm specializes in the calculation of economic damages in personal injury, wrongful death, employment, commercial litigation, IP, and business valuation matters. Mr. Roney and his experienced team of economic, accounting and finance experts can help you with a variety of litigation services. Thomas Roney LLC serves attorneys across Texas with offices in Dallas, Fort Worth and Houston. Contact Thomas Roney in Dallas/ Fort Worth (214) 665-9458 or Houston (713) 513-7113. troney@thomasroneyllc. com. “We Count.”

Mexican Law Expert - Attorney, former law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues: FNC motions, Mexican claims/defenses, personal injury, moral damages, contract law, corporations.

Co-author, leading treatise in field.

J.D., Harvard Law. David Lopez, (210) 222-9494. dlopez@pulmanlaw.com

OFFICE SPACE

Lemmon and McKinney. 2 story town/ office in Uptown for lease or sublease/office sharing near Lemmon and McKinney. Up to 7 attorney offices, plus conference room and paralegal/secretarial spaces; kitchen and shower. Up to 3500 sq.ft. Ample, easy at the door parking. Ample storage. Call (214) 880-7542 confidentially.

Downtown Dallas - Arts District. Offices available for rent with law firm located in Downtown Dallas Class A, Arts District building. Amenities include conference room, law library, secretarial station, kitchen, parking garage, photocopy/scanner/postage/facsimile and related amenities. Contact Laura at (214) 922-9265.

Downtown Dallas – Two window offices and secretarial space available, in the historic KATY Building overlooking the Dallas County Courthouses. Receptionist, notary, phone system, conference room, Wi-Fi, fax and copier provided for tenants use. No deposit or lease required. Please inquire at (214) 748-1948.

Sub-Lease one or two very modern, newly built law offices (secretary station also available) in Class A building near downtown Dallas in executive suitetype arrangement. Building provides 24/7 security and restaurants. In-office amenities provided, including receptionist, telephone and Wi-Fi access, conference rooms, stocked kitchen and some storage; parking, paper and postage not included.

Call Kathleen at (214) 965-9999.

Downtown Dallas - Individual offices available. $650-$1000/mo. 1 year lease required. 705 Ross Ave, Dallas, TX 75202. 1st Dallas jail building, beautifully renovated. For photos of the offices go to www.mileybrown.com. Contact Sarah or Craig: (214) 692-8800.

Dallas High-Rise: All-Inclusive independent attorney ecosystem. Furnished window offices, dedicated workspaces, co-working space, virtual offices. Mail/ reception, conference rooms, coffee bar, media lounge. CLE/MGMT training, social events, instant referral network.

6-month minimum, 1st month free with 1-year agreement. Tour/info: (214) 865-7770. www.attorneyvenue.com.

Addison A/V Rated law firm with great location at Belt Line and Dallas North Tollway has two, adjacent offices and secretary bay for lease. One office is partner-size, and one is partner/associate size. Offices come with telephone service and receptionist, use of conference rooms and kitchen area, work/copy room, some additional storage, covered parking and Wi-Fi. Kelly@crb-law.com Uptown Dallas. Individual offices for attorneys/ other professional in A-V firm located in Uptown. Conference room, usual office equipment and amenities including full kitchen and shower. Upstairs or downstairs offices available. Generous parking. Close to restaurants and the Courthouse. Call (214) 880-7504.

Tollway and Keller Springs. North Dallas A/V rated law firm has 4 adjacent offices for lease; Tollway and Keller Springs location. Prefer attorneys in tax, business litigation, or employment law.

Wi-Fi, receptionist, etc. included. Available now for $1,100/month (partner-size) and $1,000/month (associate-size). Contact kbohach@birdskibell.com.

Uptown - Executive Office space available for lease in a professional Legal environment, in uptown. Share office space with experienced and established lawyers. Case referrals and other case arrangements are possible. Amenities include: Bi-lingual receptionist, fax and copy machines, two conference rooms, two kitchen areas, and plenty of free parking. Location is convenient to all Dallas Courts and traffic arteries. Please call Rosa (214) 696-9253 for a tour.

Turtle Creek Blvd. - executive office space available for lease in a professional, legal environment. One large executive window office available (furnished or unfurnished) to share with experienced and established lawyers. Separate areas available for assistants or para-professionals. Three bench seat spaces available for

daily or short-term use, if desired. Referrals and other case arrangements are possible. Amenities include reception area, telephone, fax and copy machines, Wi-Fi, notary, conference room, kitchen area, covered visitor parking, and free secured office parking. Location convenient to Dallas courts, downtown, and all traffic arteries. Please contact Judy at (214) 740-5033 for a tour and information.

Turtle Creek. Law firm seeks to sublease one or two offices to solo lawyer(s).

Office is brand new build-out in Class A office building, 3811 Turtle Creek, with building amenities of parking, 24/7 security, and gym access. In-office amenities include network (wired and Wi-Fi) and telephone access, conference room, break room, and stocked kitchen. Inquiries made by calling (214) 347-7377, ext. 5.

Turtle Creek - Uptown. Gorgeous Brand New Class A Fully Furnished Office Available In Prestigious Turtle Creek/Uptown Dallas Building. Parking, Gym, 24/7 Security, Internet, Phone, Club Lounge, and More. For more information email mn7054a@american.edu.

Pictures/tour available.

POSITIONS AVAILABLE

Looking To Join A Team? Business focused innovative firm seeks experienced attorneys with some portable business.

We offer flexible hours, scalable management and multiple revenue stream opportunities. To apply, please send resume to metroplexjobpost@gmail.com.

Attorney. Preston Hollow Capital, LLC (PHC) is an independent specialty finance company focused on municipal finance, commercial finance, and asset management.

We are seeking a highly professional and experienced Attorney to support the fixed income and municipal finance group in its direct originations and servicing activities. The Attorney will work interactively with PHC’s deal origination and credit team members, and provide general and transactional legal advice in connection with evaluating potential financing transactions. The Attorney will also be responsible for drafting, reviewing, and negotiating letters of intent, term sheets, loan agreements, official statements and offering documents, bond indentures, continuing covenant agreements, note and loan purchase and sale agreements, construction contracts, etc., and closing transactions in a timely manner. This role will be based in Dallas, Texas, and report to PHC’s General Counsel. Qualifications: Minimum of five years of legal experience in the public finance group of a nationally recognized law firm or investment bank, Strong organizational and time-management skills with the ability to multitask effectively in a fast-paced environment, Juris Doctorate, and Licensed Attorney.

PHC offers a competitive compensation and benefits package including: Medical/ dental/vision plans, 401(k) with employer match, Paid vacation based on position and length of service, Employer paid long/short term disability and life insurance coverage, To apply visit our website at phcllc.com.

Short Drive / Big Growth – Lateral Partner-Level Attorney Wanted by McKinney Firm. Saunders, Walsh & Beard, a growing AV-rated Collin County business litigation-focused firm seeks a strong lawyer with complimentary practice area to join our highly efficient firm.

Located in the heart of rapidly growing Collin County, we are a short drive from the northern suburbs and are benefiting from a sterling reputation and the daily influx of new arrivals to the area. Firm culture prioritizes low overhead, highest quality legal work, and collegial atmosphere. Some portable business required.

If interested, call (214) 919-3555 or email us at info@saunderswalsh.com.

Join Growing Dallas Firm. Great new firm with excellent opportunity for growth and profit seeks experienced lawyers to join our North Texas practice. Opportunities include working remotely or in our downtown Dallas office. Better compensation model, better technology, better opportunity.

See our recruiting website and video at careers.emmertparvin.com.

SERVICES

Experienced Legal Assistant/Secretary. Opportunity for Solo Lawyer or Small Firm to Minimize Overhead.

My highly experienced legal assistant/ secretary of many years is available to work with you from her home. For relevant details call or email Durwood Crawford: (214) 533-3373; durwoodc@ durwoodcrawford.com.

Energy Acquisition(s): I buy any size royalty(ies), mineral(s), working interest(s) and try to reach (and pay) the sellers asking price. I am a licensed attorney and have been making oil and gas purchases for 35 +/- years. E-mail to bleitch@prodigy.net or call Kirk Leitch or Brenda Phillips at 1 (800) 760-9890 or (214) 720-9890 for a friendly and quick analysis and response.

Licensed Spanish Court Interpreter. Trials, Hearings, Depositions.

Translations: legal documents, contracts, articles of incorporation, financial and technical correspondence.

1623 Main St. Suite 210, Dallas TX 75201. Email: Agsantos3@live.ru or call: (832) 916-0283.

Credentialed Forensic Genealogist & Attorney – hire an experienced attorney and credentialed forensic genealogist to ethically find next of kin and missing heirs for intestacy, probate, guardianship, property issues, and more. Reasonable hourly rate. See www.

ProfessionalAncestryResearch.com.

Wanda Smith, (972) 836-9091.

Immediate Cash Paid For Diamonds and Estate Jewelry. Buying all types of jewelry and high end watches. Consignment terms available @ 10-20 % over cash. For consultation and offers please call J. Patrick (214) 739-0089.

To place an affordable classified ad here, contact Judi Smalling at (214) 2207452 or email jsmalling@dallasbar.org.

Need Help? You’re Not Alone.

Don’t miss your opportunity to advertise (print & online) in the #1 “Legal Resource & Expert Witness Guide” in Dallas County.

Contact PJ Hines at (214) 597-5920 or pjhines@legaldirectories.com

Texas Lawyers’ Assistance Program…………...(800) 343-8527 Alcoholics Anonymous…………………………...(214) 887-6699 Narcotics Anonymous…………………………….(972) 699-9306 Al Anon…………………………………………..…..(214) 363-0461 Mental Health Assoc…………………………….…(214) 828-4192 Crisis Hotline………………………………………..1-800-SUICIDE Suicide Crisis Ctr SMU.…………………………...(214) 828-1000 Metrocare Services………………………………...(214) 743-1200 More resources available online at www.dallasbar.org/content/peer-assistance-committee

28 H e a d n o t e s l D a l l a s B a r A s s ociation

D ecem ber 2016