February 2014 Headnotes

Page 1

Dallas Bar Association

HEADNOTES February 2014 Volume 39 Number 2

Focus Family Law

President’s Council: E. Leon & Debra Carter Donate $30,000 to EAJ Campaign by Alicia Hernandez

On the last day of 2013, Leon Carter quietly slipped into the Belo Mansion to personally deliver a check for $30,000 for the Equal Access to Justice Campaign benefitting DVAP, a personal gift from him and his wife Debra for a cause they believe in. “It has always been my dream to be a lawyer. I feel very blessed to have the opportunity to do what I love every day,” said Leon Carter. “While our profession does good in so many ways, it has always been my belief that a person is not judged or measured by the profession he/she is in, but by what he/she gives back to the community. That is why Debra and I decided to give to Equal Access to Justice.” Even though the President’s Council level gift was not expected, the way Mr. Carter gave it did not surprise the Campaign’s leadership at all. “Leon truly believes that his gift comes from the giving itself,” said Aaron Tobin, Co-Chair of the 2014 Equal Access to Justice Campaign. “He does not seek publicity or accolades for anything he does and receives much satisfaction from just writing the check, with no fanfare whatsoever.” The “giving itself” will go a long way in helping less fortunate people in Dallas get access to justice. Every day, Dallas citizens are denied access to the basic rights to which they are entitled under the law simply because they cannot afford a lawyer. Equal access to justice can make all the difference in whether people get to keep their homes or live on the streets, are protected from domestic violence, can secure child support for their children, or can defend themselves from fraudu-

Leon and Debra Carter

lent consumer practices. Known in the Dallas legal community as a top-notch commercial litigator, trial attorney, and the ultimate professional, Mr. Carter has a strong commitment to community service. He has been active in the Dallas Bar Association, and he has served on the Boards of Camp John Marc, Vickery Meadows Learning Center, Big Brothers and Big Sisters, the Martin Luther King Center, and the Volunteer Center of Dallas County. He decided to become a lawyer when he was a child after

his late mother told him that a lawyer had helped to change segregationist Jim Crow laws. He wanted to be a part of that kind of change, a change for equality, and supporting DVAP today is a natural extension of the desire for equality for all, including those who cannot afford an attorney. Leon has been married to Debra Carter for over 30 years, and they have a son and a daughter. Debra is also active in the Dallas community. “As Debra always says,” said Leon, “we have been blessed to be a blessing to others.” Not only will the Carter’s support of DVAP help many, many clients in the coming year, the assistance extends to the volunteers who provide the pro bono representation. Donors make it possible for volunteer attorneys to receive mentoring support, training, and malpractice insurance coverage from the DVAP, all of which are essential to a successful pro bono program. “It is inspiring to have Leon and Debra Carter supporting our program because I see a lot of similarities between the Carters and our volunteers,” said Michelle Alden, Managing Attorney for DVAP. “Our volunteers are committed to community service and making sure that their pro bono clients’ rights are protected regardless of their income. Our volunteers, who tend to be very humble, serve with no expectation of thanks.” For more information on the Campaign or the Dallas Volunteer Attorney Program, please contact Alicia Hernandez at   HN (214) 220-7499 or ahernandez@dallasbar.org. 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.

Slack & Davis LLP Donates $15,000 to DVAP Campaign by Alicia Hernandez

Slack & Davis LLP has donated $15,000 to the Equal Access to Justice Campaign benefitting the Dallas Volunteer Attorney Program. The firm’s donation has helped the Equal Access to Justice Campaign, a joint fundraising effort of the Dallas Bar Association and Legal Aid of NorthWest Texas, net a record high donation amount of $914,652. Slack & Davis, an Austin-based personal injury firm with an office in Dallas, specializes in aviation and catastrophic collisions, is a third time donor to the Equal Access to Justice Campaign, donating $45,000 to the program over the last three years. The funds help the Dallas Volunteer Attorney Program carry out its mission to recruit, train, and support volunteer attorneys in providing pro bono legal aid to the poor in Dallas. Like the Dallas Volunteer Attorney Program, Ladd Sanger, Paula Sweeney and all of the attorneys at Slack & Davis are committed to helping the little guy. Without strong advocates in their corners, the families that Slack & Davis represent would be at a complete disadvantage. Similarly, DVAP volunteer attorneys unlock the courthouse doors for their DVAP clients, most of whom would be at a complete loss as to how to represent their interests and simply terrified of stepping into a courtroom alone. “Equal justice for all is an American

promise, but many people do not have access to legal representation or our court systems without programs like the Dallas Volunteer Attorney Program,” said Ms. Sweeney. “We are proud to support a program that makes our justice system more accessible to the public.” DVAP and its volunteers help people overcome legal problems such as evictions and landlord tenant disputes, divorce cases, child support claims, domestic violence, and fraudulent housing and consumer cases. Without pro bono help, people facing these issues are often overwhelmed by the complexity of the system or simply shut out because they do not know or understand the law and civil procedure. Left unrepresented, the financial and personal distress that DVAP clients face oftentimes increases substantially and makes it even more difficult for them to succeed in their daily lives. “Marcus,” a young man whose former girlfriend was expecting his child, was one of those clients. Marcus desperately wanted to have a relationship with his child, but his former girlfriend decided she wanted to give the child up for adoption despite his repeated objections. She allegedly had married another man, who planned to act as the presumed father of the child and sign the necessary paperwork to give up his legal rights. The mother also refused to let Marcus know the baby’s due date and where the baby would be born. Marcus, frantic to have a relationship

Standing (left to right): Paula Sweeney, Paula Knippa, Ladd Sanger, Suzanne Kaplan, John Jose, Mark Pierce, Donna Bowen. Seated (at table): Mike Davis. Seated (on table): Mike Slack

with his child, applied for help from DVAP. Sandra Fusco, of Weil, Gotshal & Manges, accepted his case, obtained a Temporary Restraining Order enjoining the adoption, and obtained a temporary order allowing Marcus to be present at the hospital for the child’s birth. Because of Ms. Fusco’s efforts, DVAP’s coordination of pro bono legal services to the poor, and donors like Slack & Davis, Marcus was able to meet and hold

his newborn son and is looking forward to being a part of his son’s life. For more information on the Campaign or the Dallas Volunteer Attorney Program, please contact Alicia Hernandez at (214) 220-7499   HN or ahernandez@dallasbar.org. 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.

Inside 6 Marital Property Agreements - Business Tools 10 The Inauguration of Scott McElhaney 19 Top Ten Tips for Temporary Orders Hearings 21 Working with School Districts – Common Issues

DBA MEMBER REMINDER: All members who have not yet renewed for 2014 will be dropped on March 3, 2014! Renew TODAY in order to continue receiving all your member benefits. Thank you for your support of the Dallas Bar Association!


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