December 2014 Headnotes by Jessica Smith

Dallas Bar Association

HEADNOTES

Focus Probate, Trusts & Estates Law

December 2014 Volume 39 Number 12

$600,000+

$550,000 $500,000

To Give: www.dvapcampaign.org.

the FLDS ranch in Texas. Once again, DVAP, the Dallas Bar and Legal Aid played significant roles in making sure that attorneys were recruited to represent the interests of children. In more recent years, DVAP has worked to address the legal needs of veterans returning from active duty military service. With the support and assistance of volunteer attorneys committed to serving veterans, a monthly Veteran’s Legal Clinic was created. DVAP continues to run the clinic today, refer veterans’ cases to volunteer attorneys, and work closely with the Veteran’s Subcommittee of the DBA’s Pro Bono Activities Committee. When people are in need of legal help, DVAP is steps in, but it isn’t just in these critical situations of responding to hurricane survivors, protecting children and families in possibly the largest CPS case ever, or responding to the needs of veterans. DVAP is there day in and day out. Even during these crises, DVAP continued to serve the Dallas

gn pai am

Deborah G. Hankinson

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Financial supporters of legal aid programs want and need to feel comfortable that their financial support is being used wisely and making a difference in the communities that they serve. The Dallas Volunteer Attorney Program, a joint pro bono program of Legal Aid of NorthWest Texas and the Dallas Bar Association, is no different. Its donors want to know that their dollars are hard at work. And, they are. Last year, the Dallas Volunteer Attorney Program referred over 1,200 new cases to volunteer attorneys, continued to oversee the nearly 1,300 cases that are pending with the program at any given time, coordinated over 100 legal clinics, conducted over 40 CLE trainings for volunteers and its volunteers established orders that should result in over $2.9 million in annualized benefits to DVAP clients. These measurable outcomes help assure everyone from DVAP management and staff to volunteers and donors that the program is effective and useful to the Dallas community. But, there are some additional ways that the Dallas Volunteer Attorney Program has provided critical assistance to our community over the years that are a bit less measurable but demonstrate the important role DVAP plays in our community. During every situation over at least the last decade where lawyers are called upon to help, DVAP, the Dallas Bar Association and Legal Aid of NorthWest Texas have responded to the call to coordinate and support legal assistance to those in need. Nearly a decade ago when New Orleans and the Texas coast were decimated by a series of deadly hurricanes, DVAP rose to the challenge of organizing volunteers to meet with hurricane survivors in Dallas shelters. As the number of survivors grew and the level of long-term assistance and support they would need became apparent, DVAP developed clinics to specifically address their needs and recruited and trained attorneys to help them. In 2008, the Texas Department of Child Protective Services removed over 400 children from

community with its usual legal aid needs. DVAP is the Dallas legal community’s pro bono legal aid program and a referral resource for those in need. It helps ensure that the poor have access to our justice system, the support of legal counsel, and equality before the law. And none of this would have been possible without enthusiastic and committed volunteers and donors as well as the cooperation and commitment of Legal Aid and the Dallas Bar to making this work. Possibly no one understands the fight for equal access to justice and the importance of people working together to achieve these goals than Justice Deborah Hankinson. An arbitrator, mediator, appellate attorney, and former justice of the Supreme Court of Texas, Hankinson is nationally known for her efforts to bridge the justice gap in Texas and across the country. Appointed to the Supreme Court of Texas in 1997, Justice Hankinson worked with the State Bar of Texas, legal service providers, and the Texas Legislature to create the Access to Justice Commission, which seeks to improve the quality of justice in civil legal aid, increase access, and reduce barriers to the judicial system. Justice Hankinson efforts paved the way for the Texas Supreme Court, Texas Equal Access to Justice Foundation, and Texas legislature, legal service providers and others to work together to address the legal needs of the poor and secure funding for legal aid throughout the State of Texas. Justice Hankinson has been a consistent voice and example for Texas lawyers since the 1990s, and she continues today to support legal aid to the poor in Dallas. She recently committed another $25,000 to the 2014 Equal Access to Justice Campaign benefitting the Dallas Volunteer Attorney Program. Since 2003, she has supported the EAJ Campaign by contributing over $266,000. She is an arbitrator, mediator, appellate attorney, and former Justice, but we need to give her another title—champion of jus HN tice for the poor.

Equ al A c

by Alicia Hernandez

ces s to

Hon. Deborah Hankinson: Champion of Justice for the Poor

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.

$450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,0000

THANK YOU TO OUR MAJOR DONORS

The Dallas Bar Association and Legal Aid of NorthWest Texas has kicked off their annual Equal Access to Justice Campaign benefitting the Dallas Volunteer Attorney Program. A number of Dallas firms, corporations and friends have committed major support. Please join us in recognizing and thanking the following for their generous gifts to the Campaign*:

CHAMPIONS OF JUSTICE ($35,000) Kirkland & Ellis LLP

PLATINUM ($10,000) Jerry C. Alexander Deans & Lyons, LLP Exxon Mobil Corporation Fluor Corporation Godwin Lewis PC The Hartnett Law Firm Haynes and Boone Foundation Jackson Walker L.L.P. KoonsFuller Mike McKool, Jr. Norton Rose Fulbright LLP Robert L. Tobey Vinson & Elkins LLP

PRESIDENT’S COUNCIL ($30,000) Crain Lewis, LLP CHAIRMAN’S COUNCIL ($25,000) Anonymous Connatser Family Law Energy Future Holdings, Luminant & TXU Energy Hon. Deborah Hankinson Payne Mitchell Law Group L.L.P.

GOLD ($5,000+) Akin Gump Strauss Hauer & Feld LLP Anderson Tobin, PLLC Baker & McKenzie Bracewell & Giuliani LLP

DIAMOND ($15,000) AT&T *Donors as of press time.

GOLD ($5,000+) Cont. Business Litigation Section Carrington, Coleman, Sloman & Blumenthal, L.L.P. Cheryl A. Engelmann Hasseena J. Enu Fish & Richardson Laura Benitez Geisler Greenberg Traurig, LLP Hartline Dacus Barger Dreyer LLP Mark L. Johansen Randy Johnston McKool Smith Koning Rubarts LLP Lewis Sifford The Mike and Barbara Lynn Philanthropic Fund Sayles Werbner Sommerman & Quesada Waters, Kraus & Paul, LLP Joel & Terilyn Winful

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 6 Dallas Bar Elects 2015 Officers 9 Selecting a Ready, Willing and Able Trustee 13 Representing Clients Who May Be Incapacitated 17 Evaluating Estate Sale Contracts

DBA MEMBER REMINDER – RENEW ONLINE TODAY! 2015 DBA DUES must be paid by December 31, 2014 to continue receiving ALL your member benefits. If you have not yet renewed, send in your payment or go online and renew your 2015 DBA Dues TODAY! Go to the DBA website and under the Membership tab, click on Renew Membership. 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 2014

Calendar December Events FRIDAY CLINICS

DECEMBER 12-NORTH DALLAS** Noon

“An Overview of Bankruptcy and Applicable Exemptions – It’s a Jungle Out There – So Beware,” Judge Harlin Hale. (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 The Dallas Bar Foundation. RSVP to kzack@dallasbar.org.

MONDAY, DECEMBER 1 Noon

Tax Law Section “Recent Judicial and Administrative Developments in Texas Tax Could Help Improve The Bottom Line For Many Taxpayers,” David Colmenaro. (MCLE 1.00)*

TUESDAY, DECEMBER 2 Noon

Corporate Counsel Section “Tips from the Trenches: Delaware 2014,” Mark Morton. (MCLE 1.00)*

Tort & Insurance Practice Section “What Every Lawyer Should Know About Medicare,” Judy Kostura, Sally Stalcup and Clayton Starnes. (MCLE 1.00)*

5:30 p.m. DVAP/JLTLA CLE “I’ve Passed the Bar, Now What? Handling Your First Criminal Case,” Hon. Angela King, Ezekiel Tyson and Susan E. Anderson. (MCLE 1.50, Ethics 0.50)* RSVP to reed-brownc@lanwt.org. 6:00 p.m. DAYL Board of Director’s Meeting

WEDNESDAY, DECEMBER 3 Noon

Employee Benefits/Executive Compensation Law Section “Developments in Executive Compensation Laws and Rules for 2014,” Eric Winwood. (MCLE 1.00)*

Solo & Small Firm Section “Employees & Alternatives to Employees,” Tnai Mason. (MCLE 1.00)*

Juvenile Justice Committee

Public Forum Committee

DAYL Solo & Small Firm CLE “Common Ethical Pitfalls.” (Ethics 1.00)*

5:30 p.m. Bankruptcy & Commercial Law Section “Ask the Judges – Bankruptcy Judges Answer Your Pressing Questions.” (MCLE 1.00)*

THURSDAY, DECEMBER 4 Noon

“Friday” Clinic at Belo “Dealing With What We Don’t See: Implicit Bias in the Law,” Prof. Jerry Kang. (MCLE 1.00)* RSVP to kzack@dallasbar. org. Sponsored by the CLE Committee,

Business Litigation, Tort & Insurance Practice and Trial Skills Sections.

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

WEDNESDAY, DECEMBER 17

11:30 a.m. House Committee Walk Through Noon

DAYL Foundation Board Meeting

DAYL Lunch & Learn CLE. For more information, contact cherieh@dayl.com.

Noon

Energy Law Section Topic Not Yet Available

Pro Bono Activities Committee

DAYL Equal Access to Justice Committee

5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.

Non-Profit Law Study Group

THURSDAY, DECEMBER 11

DVAP New Lawyers Luncheon. For more information, contact reed-brownc@lanwt. org.

Intellectual Property Law Section “Inventorship: Who is the Inventor, Why it Matters and What Happens When You Don’t Get it Right,” Jason Wietjes. (MCLE 1.00)*

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

Collaborative Law Section Topic Not Yet Available

5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.

Family Law Section Board Meeting

CLE Committee

St. Thomas More Society

Publications Committee

THURSDAY, DECEMBER 18

FRIDAY, DECEMBER 5

DAYL Lawyers Serving Children

9:00 a.m. Santa Brings A Suit Drive Drop Off

Christian Lawyers Fellowship

Noon

Trial Skills Section “Arguing Jury Charges at Trial,” Kirsten Castaneda and John Guild. And Trial Skills Section Annual Meeting. (MCLE 1.00)*

MONDAY, DECEMBER 8 Noon

Real Property Law Section “Legal Research Services and Resources Provided by the State Bar of Texas,” Edward T. Hart, Jessica Haseltine and Jennifer Wondracek. (MCLE 1.00)*

Noon

Appellate Law Section “The House at SBOT Corner,” Bryan Rutherford. (Ethics 1.00)*

DAYL Animal Welfare Committee

3:30 p.m. DBA Board of Directors Meeting

Christian Legal Society

6:00 p.m. J.L. Turner Legal Association

FRIDAY, DECEMBER 19

Noon

Peer Assistance Committee

TUESDAY, DECEMBER 9

11:45 a.m. Government Law Section “The 2015 Legislative Session of the Texas Legislature – What to Expect,” Larry E. Casto. (MCLE 1.00)* Noon

Business Litigation Section “How You Too Can Win a $9 Billion Jury Verdict,” Mark Lanier. (MCLE 1.00)*

Mergers & Acquisitions Law Section “M&A Nuggetpalooza: Practical Tips for the Taking,” Wilson Chu and Larry Glasgow. (MCLE 1.00)*

Legal Ethics Committee “The Agony of Modern Legal Ethics, 19701985,” Prof. Michael Ariens. (Ethics 1.00)*

DAYL Lawyers Promoting Diversity Committee

6:00 p.m. Home Project Committee

WEDNESDAY, DECEMBER 10 7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group

No DBA Events Scheduled

FRIDAY, DECEMBER 12

North Dallas Friday Clinic “An Overview of Bankruptcy and Applicable Exemptions – It’s a Jungle Out There – So Beware,” Judge Harlin Hale. (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 The Dallas Bar Foundation. RSVP to kzack@dallasbar.org.

MONDAY, DECEMBER 15 Noon

Noon

Franchise & Distribution Law Section “International Franchising: A Panel Discussion,” Ken Myres. (MCLE 1.00)*

6:00 p.m. Dallas Hispanic Bar Association

TUESDAY, DECEMBER 23 No DBA Events Scheduled

WEDNESDAY, DECEMBER 24 DBA Offices Closed in Observance of Christmas Holiday

THURSDAY, DECEMBER 25

DBA Offices Closed in Observance of Christmas Holiday

FRIDAY, DECEMBER 26 MONDAY, DECEMBER 29

6:00 p.m. DBA Family Holiday Party Enjoy pictures with Santa, toy trains, facepainting, balloon animals, sing-alongs and more! Please bring an unwrapped toy to be donated to charity. For more information, contact rthornton@dallasbar.org.

11:00 a.m. Dallas Women Lawyers Association

No DBA Events Scheduled

DBA Community Service Fund Board Meeting

TUESDAY, DECEMBER 16

MONDAY, DECEMBER 22

No DBA Events Scheduled

TUESDAY, DECEMBER 30 No DBA Events Scheduled

WEDNESDAY, DECEMBER 31 DBA Offices Close at 1:00 p.m. in Observance of New Year’s Holiday

THURSDAY, JANUARY 1

DBA Offices Closed in Observance of New Year’s Holiday

FRIDAY, JANUARY 2 No DBA Events Scheduled

DBA Family Holiday Party

Thank You Fox Rothschild LLP The firm of Fox Rothschild LLP will be the new sponsoring firm for the DBA’s North Dallas CLE Friday Clinics in 2015. We appreciate your support! www.foxrothschild.com

Monday, December 15 6:00 to 8:00 p.m. at the Belo Mansion Enjoy pictures with Santa, toy trains, clown, magician, face-painting, tap dancing by Class Act, sing-alongs and more!

PLEASE

BRING AN UNWRAPPED TOY

TO BE DONATED TO CHARITY.

Be sure to catch the first North Dallas Clinic on January 9 at Noon. Two Lincoln Center, 5420 LBJ Frwy, Suite 240 “Now That You Are In Arbitration: Top 10 Tips” Speaker: Dawn Estes, Estes Okon Thorne & Carr PLLC

RSVP to Rhonda Thornton at rthornton@dallasbar.org or (214) 220-7403.

If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Cathy Maher at 214/220-7401 as soon as possible and no later than two business days before the seminar. All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION. *For confirmation of State Bar of Texas MCLE approval, please call Teddi Rivas at the DBA office at 214/220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact KZack@dallasbar.org.

De c e mb e r 2 0 14 â&#x20AC;

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

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4 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 2014

Headnotes

President's Column

Published by: DALLAS BAR ASSOCIATION

Moving On. Scott M. McElhaney

In my inaugural address last January, I spoke about some of the ways that the Dallas Bar Association fulfills its mission of attending to the needs of its members, supporting the legal community and justice system, and serving the community at large. Some of the most gratifying and impressive things that I have seen this year have been the efforts DBA lawyers have made to serve the profession and our broader community. Before I move on to the rank of Immediate Past President, I want to take a moment to highlight several of the DBA’s accomplishments that make me proud to have led this Association and to particularly thank a few of the key people who helped make some of those projects happen. By any measure, our members have done a remarkable job. We are at our highest membership level ever— over 11,000—and we again won the Texas State Bar’s Award of Merit, the highest award the State Bar presents for overall excellence in programming. The challenge that any local bar association faces in its efforts to serve its members is to find ways to help make lawyers’ practices more productive and less stressful. While the DBA cannot solve all of the difficulties of modern law practice, I believe that our members have done an excellent job offering quality programming to help other lawyers in their practices. Our principal programming in this respect is the extensive Continuing Legal Education that we offer, generally free of charge. This year we are working towards offering over 400 CLE programs. That puts the DBA near the top of all CLE providers in the state. We are only behind the State Bar, but then they usually charge a bit more for their CLE programming. We have also offered training at the George Allen Courthouse, including a technology boot camp to teach lawyers how to use that courthouse’s courtroom technology and an e-filing training session to instruct lawyers and their assistants how to manage the new e-filing rules and requirements. Through the able leadership of Michele Wong Kraus, the Courthouse Committee also completed its work in helping to open a lawyer’s lounge at the George Allen Courthouse and worked towards re-opening the Jackson Street entrance to that building. Special thanks should also be given to Jack Bird and Robert Luxen for their leadership of the Continuing Legal Education Committee. Under their leadership, we inaugurated a South Dallas Legal clinic, which held programs in the southern part of the county to serve lawyers in that area who may find it difficult to make it to the Belo downtown for CLE events. Like the success that our North Dallas Clinic has enjoyed, the South Dallas Clinic is poised to continue to grow. The second South Dallas Clinic roughly doubled its attendance from the first program. Some of the best efforts of our members this year were in the realm of serving the broader community. Many of our projects focus on education. Led by Steve Gwinn, we sponsored the 35th annual city-wide and state-level High School Mock Trial Competition. The state-wide competition featured 161 teams from across the state. In connection with our Law Day celebration, DBA members put on a mock voir dire program for over 100 high school students to teach them about the trial process. Through the Appealing to the Public program, we hosted the Texas Fifth District Court of Appeals at the Belo so that hundreds of Dallas ISD students could hear the oral arguments, learn about the judicial system, and see it in action (even if the action mostly consisted of talking). We also focused on law students working in Dallas this summer through our annual Law Student Professionalism Program. And, to welcome the new University of North Texas Dallas College of Law, the DBA hosted a dinner at the beginning of the school year to introduce over 100 new law students to the association.

Special recognition should also go to the committee that helped put on a series of events to commemorate the 50th anniversary of the enactment of the Civil Rights Act of 1964. This year we sponsored four events that looked back at conditions in America before passage of the Act and the achievements of the Act, and also looked forward towards what remains to be accomplished to achieve the Act’s vision of a just and equal society. We sponsored a panel discussion that educated community members about local conditions in the Jim Crow era and led many younger attendees to tell me how much they learned about the not-too-distant past. Our second event featured Todd Purdhum, author of An Idea Whose Time Has Come, who spoke about the passage of the Act. Our third event had a panel of local attorneys address changes brought about through employment law litigation under the Civil Rights Act and changes in city governance brought about through the Voting Rights Act. And our final event featured a look at the future of civil rights by Professor Edwin Dorn of the Lyndon B. Johnson School of Public Affairs at the University of Texas. This programming garnered us a special Star of Achievement Award from the State Bar, and none of it would have been possible without the assistance of Maureen Armour, Bill Bridge, Ed Cloutman, Laura Benitez Geisler, T.J. Johnson, Betsy Julian, Michele Wong Kraus, Karen McCloud, Mary Scott, Richard Stewart, Jennifer Wang and Kevin Wiggins. The DBA has served the broader community in other ways as well. Our signature program continues to be the Dallas Volunteer Attorney Program, which we sponsor in partnership with Legal Aid of NorthWest Texas in order to provide civil legal aid to the poor through volunteer lawyers who take pro bono cases and staff clinics all over Dallas. The DVAP program is funded through our annual Equal Access to Justice Campaign, and this past year the chairs of that campaign, Shonn Brown and Aaron Tobin, raised an all-time record amount—approximately $915,000. This year, we had the opportunity to expand some of our other good works. We completed our 23rd whole house for the Dallas area Habitat for Humanity. We remain the longest-serving whole-house sponsor in the area, and with the help of cochairs KC Ashmore and Greg McAllister, our fundraising for this project raised $25,000 over our $60,000 goal. The new opportunity for the home builders among us was to assist the Jimmy & Rosalynn Carter Work Project. Each year since the mid-1980s, former President Carter and his wife have devoted a week of their time to help Habitat for Humanity improve and build homes. The Carter Work Project chose the Dallas-Fort Worth area for 2014, and the lawyers of Dallas stepped in to help. Former DBA president Al Ellis almost single handedly convinced lawyers and law firms to donate over $100,000, making the lawyers of Dallas a major sponsor of the event. This survey of what DBA members have done this year is necessarily incomplete. It would take more space than I have available to do full justice to all the ways that our lawyers contribute to this Association and the community. And I know that the contributions of the DBA members will continue. I am particularly looking forward to the future work of the DBA under the leadership of our incoming president, Brad Weber. I know that he will do a wonderful job. It has been an honor to be President of the DBA this year and to be able to experience all that you members do for the bar. I want to close by thanking all of you for your support, and I want to extend special appreciation to our Executive Director, Cathy Maher for her encouragement and leadership, and to each member of the DBA staff. I truly could not have done this HN job without the help of all of you.

COME TO THE INAUGURAL OF Bradley C. Weber Saturday, January 17, 2015 The Westin Hotel Galleria and bid on Packages from: 

Cooper Aerobics Center



William Chris Vineyards



Dallas Yoga Center



Omni Austin Hotel Downtown



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Abacus, Bridge Bistro, Hatties, Palomino, Place at Perry’s, Rosewood Mansion on Turtle Creek, Sissy’s Southern Kitchen & Bar, The French Room and more!

Get your tickets now for the Inaugural at www.dallasbar.org.

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: Scott M. McElhaney President-Elect: Bradley C. Weber First Vice President: Jerry C. Alexander Second Vice President: Rob Crain Secretary-Treasurer: Audrey Moorehead Immediate Past President: Sally L. Crawford Directors: Tatiana Alexander (President, J.L. Turner Legal Association), A. Shonn Brown (At-Large), Wm. Frank Carroll, Laura Benitez Geisler (Vice Chair), Hon. Martin Hoffman, Hon. David Horan (Judicial At-Large), Michael K. Hurst (Chair), Krisi Kastl, Michele Wong Krause, Meyling Ly (President, Dallas Association of Young Lawyers), Karen McCloud, Courtney Barksdale Perez (At-Large), Sakina Rasheed (President, Dallas Asian American Bar Association), Mary Scott, Scott Stolley, Diane M. Sumoski, Robert L. Tobey, Aaron Tobin and Elisabeth A. Wilson (President, Dallas Hispanic Bar Association) Advisory Directors: Jonathan Childers (President-Elect, Dallas Association of Young Lawyers), Monica Lira (President-Elect, Dallas Hispanic Bar Association), Bill Richmond (PresidentElect, Dallas Asian American Bar Association) and Ebony Rivon (President-Elect, J.L. Turner Legal Association). Delegates, American Bar Association: Rhonda Hunter, Hon. Liz Lang-Miers Directors, State Bar of Texas: Lawrence Boyd, Wm. Frank Carroll, E. Leon Carter, John Jansonius and Florentino A. Ramirez HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Thomas Phillips Display Advertising: Deni Ackerman, Tina DeRobertis, Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Dawn Fowler and Jared Slade Vice-Chairs: Paul Clevenger and Meghan Hausler Members: Timothy Ackermann, Vincent Allen, Natalie Arbaugh, Benjamin Barmore, Joi-lee Beachler, Martha Beard-Duncan, Lisa Blackburn, Jason Bloom, Eric Blue, Leigh Bradford, Bobby Braxton, Kandice Bridges, Kelsey Brock, Sara Ann Brown, John G. Browning, Casey Burgess, Eliot Burriss, Stacie Cargill, Nancy Carroll, Lance Caughfield, Julie Chandler, Joel Crouch, Walter Dean, Lea Dearing, David Dodds, Adam Dougherty, Brandon Duck, Christopher Elam, Alexander Farr, J. Martin Futrell, Jenny Givens, Jennifer Gjesvold, Andrew Gould, James Gourley, Nadia Haghighatian, Susan Halpern, William Hammel, Jordan Harrison, Jeremy Hawpe, John Herring, Zachary Hilton, Kelli Hinson, Tyler Hokanson, Alison Hollender, Mary Louise Hopson, Mandy Jenkins, Soji John, Amanda Kelley, Cynthia Jon-Ubabuco, Yoon-Joo Jung, Tiffany Kamuche, Nicholas Kennedy, Adam Kielich, Michelle Koledi, Matthew Kolodoski, Susan Kravik, Norman Lofgren, Sixuan Lu, Margaret Lyle, Ashley Mason, Andrew Mayo, Jennifer McCollum, Christina McCracken, R. Sean McDonald, Scott McElhaney, Elizabeth “Jodi” McShan, John McShane, Michael Merrick, Christopher Meuse, Aaron Michelsohn, Wendy Mills, Constance Mims, Ethan Minshull, Paige Montgomery, Caitlin Morgan, Hon. Jim Moseley, Terah Moxley, Derek Neilson, Nick Nelson, Christopher Norcross, David Parham, Murali Pasupulati, Seth Phillips, Keith Pillers, Amiee Pingenot, Kirk Pittard, Irina Plumlee, Laura Anne Pohli, Ellen Pryor, Gabriel Reyes, Edward Rice, Morgan Richards, David Ritter, Carl Roberts, Richard Salgado, Joshua Sandler, Brandon Schwarzentraub, Calvin Scott, Ifeyinwa “Ify” Seales, Isabel Segarra, Micah Skidmore, Crystal Smith, Phillip Smith, Bradley Smyer, Yon Sohn, Thad Spalding, Timothy Springer, Jacob Stasny, Cori Steinmann, John Stevenson, Scott Stolley, Brian Stork, Amy Stowe, Billye Summers, Kristopher Tate, SaKinna Thomas, Pryce Tucker, Brent Turman, Peter S. Vogel, Whitney Warren, Bradley C. Weber, Suzanne Westerheim, Elisabeth Wilson and Andrew Wirmani 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 Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewers: Marcela Mejia, Viridiana Mejia Law-Related Education & Programs Coordinator: Kimberlynn Taylor Membership Coordinator: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Teddi Rivas DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Tina Douglas, Tar Sha Hickmon, Andrew Musquiz, Carmen Perales Program Assistant: Patsy Quinn Copyright Dallas Bar Association 2014. 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 publication. 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 necessarily 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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Focus

D al l as Bar A ssoci ati on l Headnotes 5

Probate, Trusts & Estates Law

The Durable (Yet Delicate) Power of Attorney by Lora G. Davis

The durable power of attorney (DPOA) is a planning document that is often prepared for clients. The Texas statutory form, revised effective January 1, 2014, is contained in Chapter 752 of the Texas Estates Code. A DPOA permits your client to name one or more agents to act for the client in a variety of circumstances. This power can be very broad or specifically tailored to the needs of the client. The power is “durable” because it is not affected by your client’s subsequent disability. The intended purpose of the DPOA is to avoid the costly alternative of obtaining a legal guardianship in the event your client becomes either temporarily or permanently incapacitated. By naming a trusted agent, your client’s financial matters can be easily handled by the agent without court intervention—or at least that is how it is intended to work. However, as with any situation that involves money, there is potential for abuse. Financial institutions have created numerous obstacles to the use of DPOAs because of perceived liability risks. They cite a variety of reasons to refuse a seemingly valid DPOA, such as “it is too old,” “we only accept our own forms,” or “you need to prove to us that it has not been revoked.” How can you ensure that the DPOA that you prepared for your client will actually be effective for its intended purpose? Below is a list of some steps to consider, which may vary depending on the age and health of your client and his or her particular situation.

• Visit the Bank. Have your client take the executed DPOA to each financial institution where funds are located to ensure the financial institution will accept it. If the financial institution requires the use of its own form, your client may want to consider either signing this additional form or moving the account to another institution that will accept the power you prepared. Keep in mind that if multiple powers are executed, they must be tracked to ensure that any updates to one are made to all of them. • Update Frequently. To avoid the claim that the DPOA is “too old,” update on a consistent basis. Consider keeping prior versions in the event that there is a complaint that it is “too new” at the time it is being used. • Customize the DPOA. You can create your own form, as long as it complies substantially with the wording of the statutory form. Consider adding a provision that specifically permits your client’s agent to bring a legal action to compel a third party to accept the power, which would also entitle the agent to recover costs and expenses from the third party. Giving the agent the ability to point out this provision may be all that is needed to gain acceptance. • Consider Using a Revocable Trust. For clients with complex financial structures or complicated family situations, using a revocable trust may be preferable. The client can establish and fund the trust during his or her lifetime. If the client later becomes incapacitated, the successor trustee named in the trust will step in to manage the assets. This transition is infrequently

questioned by financial institutions. • Share Electronic Access. Assuming that the named agent is completely trusted by your client, consider advising the client to give (or have available upon his or her later disability) online account information and passwords to their agent. This will allow the agent, who already has authority under the signed DPOA, to transfer funds and pay bills on behalf of your client without direct interaction with the institution. Below are some steps that the agent can take to enforce his or her appointment as agent. • Don’t Give Up. Just because the first person at the financial institution rejects the DPOA doesn’t mean it won’t be accepted. The agent should keep going up the chain of command

until the agent gets to someone with authority to make decisions. • Call the Lawyer. The agent should consider calling the lawyer who prepared the DPOA. The drafting lawyer (after considering representation issues) can sometimes more effectively convince the financial institution to accept the DPOA. • Make a Complaint. While it might take longer than desired to get to results, the agent can contact the state and federal governmental agencies that oversee the institution. In today’s complex world, taking the time to carefully handle the “delicate” DPOA before it is needed is time HN well spent. Lora G. Davis is a Partner at The Blum Firm. She can be reached at ldavis@theblumfirm.com.

Lawyer Creeds: History & Assessment Friday, January 16, Noon, at Belo Speakers: Judge Sidney Fitzwater, George Chapman, Fred Moss and Greg Huffman, moderator Ethics 1.00

Sponsored by the Professionalism Committee.

December 10, 2014

6 H e 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 2014

Dallas Bar Elects 2015 Officers Jerry C. Alexander Elected President-Elect by Jessica D. Smith

Members of the Dallas Bar Association proudly elected its 2015 officers during the Annual Meeting on November 7. Jerry C. Alexander, of Passman & Jones, was elected president-elect and will serve as the Association’s 107th president in 2016. Mr. Alexander was elected to the DBA Board in 2007 and was elected Chair of the Board of Directors in 2012. He has served as Chair of numerous DBA Committees including the Finance Committee, Judiciary Committee, Senior Lawyers Committee and the Judicial Polls Study Committee. In addition, he was Co-Chair of the 20102011 Campaign for Equal Access to Justice and headed the DBA’s drafting project for the Local Rules of Practice in the Civil District and County Courts at Law Courts for Dallas County, which are presently in use. He has also served on the Law Focused Education Committee of the State Bar of Texas and is a member of the American Bar Association. Often named a “Texas Super Lawyer” by Texas Monthly Magazine, Mr. Alexander earned his B.A. and his J.D. from SMU Dedman School of Law. Other officers elected at the Annual Meeting were: Rob Crain, of Crain Lewis, L.L.P., elected first vice-president; Michael K. Hurst, of Gruber Hurst Johansen Hail Shank, elected second vice-president; and Victor Vital, of Greenberg Traurig, LLP, elected secretary-treasurer. Scott McElhaney, of Jackson Walker LLP, will serve as immediate past president and Brad Weber, of Locke Lord LLP, will serve as president in 2015. Additionally, on November 13, ballots for director positions were sent to members and six of the following nominees will assume director positions in 2015: K.C.

2015 Officers at the November 7 Annual Meeting include (left to right): Scott McElhaney, Immediate Past President; Jerry Alexander, President-Elect; Brad Weber, President; Michael Hurst, Second Vice-President and Victor Vital, Secretary/Treasurer. (not pictured: Rob Crain, First Vice-President)

Ashmore, Shonn Brown, Lindsay Goodner, Hon. Martin Hoffman, Bill Mateja, Karen McCloud, Audrey Moorehead, Scott Stolley, Diane Sumoski and Aaron Tobin. Ballots were due back November 24 and results were not available at press time. The 2015 presidents and president-elects of the minority bar associations will also serve on the board. 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 James E. “Jim” Coleman, Jr., of Carrington, Coleman, Sloman & Blumen-

thal, L.L.P. Michele Wong Krause, of the Wong Krause Law Firm, Chair of the Courthouse Committee, received the Jo Anna Moreland Outstanding Committee Chair Award. The Family Law Section, chaired by Teresa Evans, of Quilling, Selander, Lownds, Winslett & Moser, P.C., and the Tort & Insurance Practice Law Section, chaired by Micah Skidmore, of Haynes and Boone, LLP, received the Special Section Award. And, the Minority Bar Leader Award was presented to Rami Jabara, attorney at law. Presidential Citations were also presented to behind-the-scenes members who have faithfully performed often time-consuming tasks for the association. Recipients were: Al Ellis, of Sommerman & Quesada, L.L.P., for his commitment, dedication and

outstanding efforts in recruiting volunteers and raising over $100,000 for the 2014 Jimmy and Rosalynn Carter Work Project benefiting Habitat for Humanity; Shonn Brown, of Gruber Hurst Johansen Hail Shank, and Aaron Tobin, of Anderson Tobin, for their outstanding efforts in successfully raising over $914,000 for the Campaign for Equal Access to Justice benefiting DVAP; Ed Cloutman, of Cloutman & Cloutman, Betsy Julian, of Inclusive Communities Project, and Kevin Wiggins, of White & Wiggins L.L.P., for their commitment and dedication to excellence in programming for the DBA’s Commemoration of the 50th Anniversary of the HN 1964 Civil Rights Act. Jessica D. Smith serves as the DBA’s Communications/Media Director. She can be reached at jsmith@dallasbar.org.

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D e c e mb e r 2 0 14

Focus

D al l as Bar A ssoci ati on l Headnotes 7

Probate, Trusts & Estates Law

Challenges of the Probate Homestead by Debbie Cunningham

On the face of the issue, the probate homestead is quite simple and straightforward. Estates Code Chapter 102 provides clear direction on how to handle a decedent’s homestead. In summary, the surviving spouse has the right to occupy or use the homestead for the balance of his or her lifetime. The surviving spouse and children have the same rights in the homestead property whether it is separate or community property. Ownership of the property transfers according to the terms of a will or the laws of descent and distribution. The homestead is exempt from certain debts, but not secured debts on the property. Finally, the homestead may not be partitioned among the heirs during the lifetime of the surviving spouse as long as the spouse elects to use or occupy the property. This right of occupancy is treated like a life estate. As such the surviving spouse must pay the expenses of upkeep, repairs, property taxes and mortgage interest. The title holder is responsible for the casualty insurance premiums and mortgage principal. This is all fairly straightforward when the titleholder and surviving spouse are either the same person or friendly parties, but that is not always the case. If the transfer happens according to the terms of a will and as part of a plan, all the parties may know their role and implement the process seamlessly. When the homestead vests in someone other than the surviving spouse, the relationship of the parties can turn everything on its head. When the transfer is the result of the laws of

descent and distribution, the blended family that once got along may find themselves on opposite sides of the issue. The decedent’s children will own part or all of a house that the stepparent has a right to live in for life. They receive an inheritance that cannot be occupied or liquidated and comes with financial obligations. Things can be especially difficult in a scenario where there is a mortgage with escrowed taxes and insurance. Do the parties make separate payments to the mortgage company and trust the other party to be timely? Will the mortgage company accept partial payments from multiple sources monthly? Does someone make the payment and count on reimbursement? The surviving spouse may be a co-signer on the loan, which then causes concerns about the impact of late payments on a credit score. The opposite may also be true. A surviving spouse who cannot afford to remain in the home may be content to await foreclosure and forced eviction. This could leave the children facing the loss of their inheritance or with additional financial obligations. Furthermore, the right of occupancy and use is not limited to occupancy by the surviving spouse. Renting the property to a third party is an acceptable use that preserves the surviving spouse’s homestead rights. This may leave the title holders uncomfortable about the long term impact on the property, which leads to the issue of waste. Waste is defined as “permanent harm to real property, committed by tenants for life or for years, not justified as a reasonable exercise of ownership

and enjoyment by the possessory tenant and resulting in a reduction in the value of the interest of the reversioner or remainderman.” Moore v. Vines, 474 S.W.2d 437, 439 (Tex. 1971). Thus renting and other activities may result in litigation allowing a court to determine if the surviving spouse’s actions or the actions of his tenants are harming the interest of the title holder. There are numerous ways the parties could address these issues ahead of time. Specific provisions in preor post-marital agreements and wills could prevent most or all of these issues. Provisions such as assignment of all property costs to the surviving spouse or requiring an exchange of assets to prevent bifurcation of the homestead occupant and vested owners would help. Additionally, there are other vehicles to circumvent these

issues, including but not limited to, life insurance. Insurance could cover ongoing costs of the property, allow for purchase of the property rights from either party or serve as the inheritance in lieu of the property. As a final thought, I see many unanswered questions on the horizon due to the Windsor ruling. What happens if the currently unrecognized marriages of same-sex partners become recognized? These new surviving spouses will gain homestead rights, but may not have wills or agreements of any kind. If they do have cohabitation agreements, marital agreements or wills, they may not address this issue sufficiently or at HN all. Debbie Cunningham is an estate planning and probate attorney at Law Offices of Debbie J. Cunningham, PLLC. She can be reached at debbie@irving-law.com.

The Agony of Modern Legal Ethics, 1970-1985 Tuesday, December 9, Noon, at Belo Speaker: Professor Michael Ariens, St. Mary’s University Ethics 1.00 Sponsored by the Legal Ethics Committee.

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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

D ecem ber 2014

Using Common Wisdom to Communicate with Clients by Bill S. Richmond

In business litigation, the best lawyers know that often a case is won or lost not on objective criteria, but through the met or missed expectations of their clients. Communicating realistic objectives, goals, and the myriad of interim steps in the litigation process—along with the risks associated with each—is a requirement. Implementing this skill will keep clients happy and grounded during the rollercoaster ride of judicial proceedings. Sometimes the best way to do so is to find common ground in metaphors, mantras, and other everyday statements of wisdom that are familiar to a client not well-versed in the trials and tribulation of business litigation. Here are a few examples you can use to explain tough concepts and risk/reward scenarios: “Crying ‘wolf’”—Throughout litigation, whether it is during the initial crafting of a petition based on the wrongs done and the damages sustained, or during a discovery battle over untimely production, your client may exaggerate the facts and ask you to do the same to the Court in order to garner sympathy. Similarly, your cli-

ent may insist that you take a hardball stance about the “unprofessional” and “unethical” conduct of the other side in communications and pleadings. Resist this temptation. Explain that crying “wolf” will only lead to an immediate or eventual loss of credibility and fewer instances in which opposing counsel or the Court will give you the benefit of the doubt. Crying “wolf” now on little issues will undoubtedly be looked upon with regret when a year into litigation those exaggerations and white lies along the way lead to a denied motion for continuance or motion to compel. “Open the kimono”—Every client despises the invasive and expensive discovery process. In response, some will hem, haw, and hedge. Why? Failure to fully understand the risks of not being diligent in producing all that is requested. “Opening the kimono” is a forthright way of saying “let it all out;” that is, unless we have a legitimate reason to withhold certain answers or documents, we should do so to avoid the risks of (1) losing credibility after a discovery battle you know will inevitably be lost, (2) wasting time and resources on inevitably-lost discovery battles, and (3) the risk of monetary sanctions

You are Invited to the following Judicial Investitures: Tuesday, January 6, 3:30 p.m. at the Belo Mansion Hon. Mary Brown (301st Family District Court) Hon. Kim Cooks (255th Family District Court) Hon. Andrea martin (304th Juvenile District Court) Wednesday, January 21, 3:30 p.m. at the Belo Mansion Hon. Margaret Jones-Johnson (Probate Court No. 3) Hon. Ingrid Warren (Probate Court No. 2)

or worse, including the exclusion of evidence or striking of pleadings. Clients may not understand initially the risks inherent in playing discovery games and withholding admittedly bad but responsive evidence. Communicate this fact of litigation and the “kimono opening” strategy to avoid those risks is crucial. “Don’t win the battle and lose the war”—Business litigation is adversarial by design. It can feel like a multiyear war full of mini-skirmishes, sieges and outright clashes. As with any dispute, clients can easily fall into the trap of blowing up relatively small battles (i.e., time and location of depositions; method of document production; scheduling issues) into outcome-determinative, war-ending decisions. While sometimes small issues can have big impacts, more often than not a client needs to be reminded about the risks of going “all in.” A small skirmish may have a small short-term benefit but a long-term harm to the overarching goal of winning the litigation or securing a favorable settlement. Keeping an eye out on the entire battlefield and the long-term goals is the requirement for good generals and good lawyers, and

communicating that to the soldiers and the clients is just as important. “Inoculation”—At trial, clients may often fear the worst about the bad evidence that came out in discovery. They may demand that the evidence be hidden away as best as possible. When excluding the bad evidence is not an option, you can advise “inoculating” the jury. Inoculation is neutralizing bad evidence by bringing it up first on your own, placing the bad evidence in the best light possible before the other side can frame it in the worst light possible. Instead of letting the other side use that bad evidence as an “ah ha” moment or “smoking gun,” you have given the jury a heads up that you know this evidence is out there but that you are not afraid of it because it does not matter. Common wisdom can be a tool to bridge the gap between the two nuanced worlds of law and business. Take advantage of these communication strategies to better manage the expectations of your client and the HN progress of your litigation. Bill S. Richmond is an associate with Gruber Hurst Johansen Hail Shank LLP. He can be reached at brichmond@ghjhlaw.com.

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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Focus

D al l as Bar A ssoci ati on l Headnotes 9

Probate, Trusts & Estates Law

Selecting a Ready, Willing and Able Trustee by Barkley T. Miller

You have been retained to draft or review a trust for a client who wants to appoint a trustee to manage, invest and distribute assets for beneficiaries. The first phase of your legal work before even drafting or reviewing the trust is to analyze your client’s purposes behind creating a trust in the first place. Then, you must consider the form of trust that best meets your client’s objectives. The second phase of your legal work is to recommend certain considerations your client should make when selecting a trustee and successor trustee. It is often the case that, when faced with appointing an individual or a corporate trustee, your client may be reluctant to appoint a corporate fiduciary for reasons ranging from the fees charged for such services to the potentially impersonal nature of the administration of the client’s trust. It is fair to assume that a bank, trust company, or other corporate trustee will be ready, willing, and able to assist your client. Under these circumstances, you and your client must focus on finding an individual who is ready, willing, and able to serve as trustee. Ready Trustee. The individual under consideration must be ready in terms of the time and energy required of any trustee. Moreover, such a person must be prepared to administer the trust in good faith according to its terms pursuant to Section 113.051 of the Texas Trust Code (TTC). Even if you and your client have an individual in mind who is ready to be appointed, keep in mind that part and

parcel of any trustee’s job is responding to diverse queries and possible second guessing by beneficiaries whenever a trustee is engaged in making management, investment and discretionary distribution decisions. Will that individual be ready to face up to and effectively communicate with such beneficiaries? Of utmost importance is your client having a robust discussion with the prospective trustee regarding the purpose of the trust, the particular duties required of the trustee, and the likely perspectives of beneficiaries during the course of its administration. Equally important is to select one or more successor trustees equally ready to serve during this phase of your work if the original trustee’s readiness to serve becomes moot, such as upon the trustee’s resignation, disability, or death while managing the trust. Willing Trustee. Willingness to serve as trustee often comes down to questions of compensation and the nature of the trustee’s relationship with the beneficiaries. You and your client need to determine the amount of the trustee’s fee, if any, based upon what is reasonable under the circumstances. Your client should be made aware that nothing is “free” in trust administration, since even a willing, though uncompensated trustee will have to pay for the professional services of outside advisors like accountants, attorneys, and investment advisors. Compare and contrast rate schedules of corporate fiduciaries with the likely costs of trust administration by an individual trustee. Is the prospective trustee willing to take on the inevitable amount of

stress and strain a fiduciary encounters whenever interacting with beneficiaries? It goes without saying that the better the trustee’s knowledge of and relationship with the beneficiaries is prior to assuming fiduciary duties, then the better the trust administration will function over time. Able Trustee. An able trustee must possess the training, experience and expertise necessary to competently address beneficiaries’ issues and administration of the particular trust property at stake. Take a close look at the nature of that property itself, which may include closely held corporations, oil and gas property, and tax sensitive assets. If an otherwise able trustee lacks all of the skills necessary to administer, invest, and distribute property, relevant provisions of the trust itself should fully authorize the fiduciary to retain outside professional advisors to

fill any such gaps. In any event, your client may wish to appoint both an individual and a corporate fiduciary as co-trustees, thereby ensuring that the scope of trust activities is competently handled, even while avoiding unnecessary or potentially litigious delegation of fiduciary duties. TTC 114.006 stipulates that although a trustee must exercise reasonable care to prevent a co-trustee from committing a serious breach of trust, a trustee who does not join in a co-trustee’s action is not personally liable therefor. It is important to draft trust provisions which clearly delineate each fiduciary’s duties so that co-trustees are able to perform their respective and possibly discrete duties. HN Barkley T. Miller handles estate planning, probate and adult guardianship matters. He can be reached at barkleymiller@sbcglobal.net.

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 5, 9:00 a.m. to noon at Belo (circle drive). For more information, contact kzack@dallasbar.org.

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10 H e 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 2014

DBA Updates Website Adds Mobile Version Staff Report

As you may have noticed in the past few weeks, the Dallas Bar Association website has a new and improved look. As of November 10, www.dallasbar.org is revamped, up-to-date and looking better than ever! You will find the same helpful information that has always been there, but the website now offers a few new additions. Highlights include an “Add to Calendar” option on all of our CLE and event listings, so that you can add the event to your Outlook, Google or other calendar preference. The calendar of events also offers several viewing

options, which can be sorted by day, week or month. We have incorporated our Twitter feed on the page, as well, to help members keep up with the DBA in the social media world. You can also find us on Facebook, GooglePlus, LinkedIn and Pinterest. Our easy-to-use dropdown menus are still available at the top of the page, as well as the Search feature to help you find specific CLEs, events or pages within the website. The website is also now mobile compatible—it will automatically conform to your mobile device whether that is a smartphone or a tablet.

What is new at the George Allen Sr. Courthouse? by Michele Wong Krause

From new audio visual equipment to the opening of the Jackson street entrance, 2014 has been a very busy year at the George Allen Sr. Courthouse.

New Courtroom Technology

Litigators will rejoice that the outdated DVD/VHS tape decks at the George Allen Sr. Courthouse are being replaced with state of the art audio visual equipment. At the end of September 2014, the installation of new audio visual equipment began. It is anticipated that the installation will be completed by the end of this year.

Working with the DBA Courthouse Committee, Judge Martin Hoffman has instituted training sessions for DBA members. For additional information, please contact Alicia Hernandez at ahernandez@dallasbar.org or Michele Wong Krause at mwong@airmail.net.

Jackson Street Entrance To Open

All Dallas County residents will benefit from the opening of the Jackson Street entrance of George Allen Sr. Courthouse. Due to budget cuts, Dallas County closed this entrance several years ago. Over the span of two years, the

DBA Courthouse Committee successfully coordinated a diverse coalition of judges, attorneys, business owners and elected officials to persuade Dallas County to open the Jackson street entrance of the George Allen Sr. Courthouse. It is anticipated that the Jackson Street entrance will be re-opened at the end of this month or at the beginning of January 2015.

Renovation of the Attorney Lounge Completed

The renovation of the second floor attorney lounge in the George Allen Sr. Courthouse was completed in August

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2014. The Family Law Section completely funded the renovation of the second floor attorney lounge which is open to all attorneys. For additional information, please contact Ms. Hernandez at ahernandez@dallasbar.org or Ms. Wong Krause at mwong@airmail. net. The Family Law Section and the DBA Courthouse Committee had a ribbon cutting ceremony on November 20, to celebrate the opening of the lounge. Contact Ms. Wong Krause at mwong@airmail.net HN to get the security code.

and seminars. Members meet monthly RELEASE: 11/12/14 at Belo, at noon or in the evening.

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Development Join the Lawyer Referral Service panel and get connected with citizens who need legal help. The Peer Assistance Committee offers an assistance program for chemical and alcohol dependencies and depression. The DBA offers various Mentoring Programs that pair new lawyers with seasoned attorneys. Weekly DBAonline e-newsletter lists upcoming CLE programs and events.

Office Resources Post job openings and search resumes through our online DBA Career Center. Visit DBA website for details. 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 www.affiniscape.com/dallasbar. DBA members receive Discounted Office Supplies through Association Members Only. Call (800) 420-6421, ext. 222.

Search jobs, create email alerts and post your resume through our online DBA Career Center. Sign up today! Go to www.dallasbar.org/career-center Discounts on Texas Rangers and Dallas Mavericks tickets available to all DBA members. Check out the DBA website homepage for links.

Mickie Bragalone is passionate about White Rock Lake. “It’s a beautiful place that brings Dallas together,” here, and best of all, it’s free and accessible to all citizens.” With donations from her donor-advised fund at Communities Foundation of Texas, The White Rock Lake Conservancy is working to preserve and enhance the safety, beauty and identity of the lake for many generations to come.

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Social & Community Work Participate in social events and activities hosted by the DBA for great Networking Opportunities with lawyers from all areas of practice. The Dallas Volunteer Attorney Program offers lawyers Pro Bono Opportunities to assist low-income residents through clinics, and provides free CLE training seminars.

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

DBA Committee Membership is a great way to get involved! With more than 30 committees, there are many rewarding opportunities to perform community service and/or participate in the legal community.

The DBA provides Mailing Labels of member names and addresses. For pricing, call Teddi at (214) 220-7447.

Join us for the Family Holiday Party in December at the Belo and other family activities throughout the year.

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.

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11/12/14 3:49 PM

DBA members receive Clothing Discounts including a 15% discount off merchandise at Brooks Brothers stores nationwide and 20% discount off regularly priced merchandise at JoS. A. Bank. For discount codes, send request email to membership@dallasbar.org

Discounted Health Club Memberships are available at TELOS Fitness Center, The Texas Club and The Baylor-Tom Landry Fitness Center. Visit DBA website for contact information. DBA Members receive a 28% discount off a one-year subscription of Trusts & Estates Magazine. Includes hard copies of the monthly periodical; two annual supplements of Texas Year in Review and more. Visit DBA website for details.

Members receive Hotel Discounts at many La Quinta Inns & Suites. Rates range from $85 down to $49 at some hotels in Texas and 15% discount at hotels outside of Texas. Please visit the DBA website for more details. DBA Members are encouraged to make Use of the Belo Mansion by bringing guests for the daily buffet, or renting the Belo Mansion for an event or special occasion. For more information, please call (214) 2200239.

The Golf Club of Dallas offers DBA members one month of club membership dues free, as well as other Questions? Contact Kim Watson, benefits to DBA members who join the Membership Coordinator, (214) 220-7414 or kwatson@dallasbar.org club. Call (214) 331-4336, ext. 224

THANK YOU FOR YOUR SUPPORT OF THE DALLAS BAR ASSOCIATION!

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Focus

Dal l as Bar A ssoci ati on l Headnotes 11

Probate, Trusts & Estates Law

The Top Troubles with “DIY” Wills by Isaac Shutt

Consumers ask: “Do I really need a lawyer to write my will, or can I just use one of those online companies?” Those consumers may not recognize they are comparing apples to oranges. Online companies offer document preparation at the consumer’s direction, whereas attorneys offer legal counsel. The overarching problem with a doit-yourself (DIY) will is that the consumer does not know what the consumer does not know, resulting in the following common consequences: The DIY will is too generic. Clients insist they only need a “basic” will for their “normal” families. What constitutes a normal family—when many clients have blended families, complex family dynamics, and estranged relatives—has heretofore not been established. An online company may do an adequate job wording the disposition of a client’s estate when the client leaves behind only a surviving spouse or a couple of children. However, a computer program simply cannot customtailor a dispositive plan the same way an attorney can. The “simple will” becomes a little

too simple. The computer is also unlikely to ask the client to consider the will’s role in the overall dispositive plan, including non-probate assets such as life insurance and accounts with named beneficiaries. Consumers should also consider that potential dispositions to minors require contingent trusts. Incomplete dispositions. A valid will contains a residuary clause, ensuring that 100 percent of the estate is gifted. DIY wills often string together a list of specific bequests, resulting in partial intestacy. Many clients also do not understand distinctions between real property and personal property, or between community and separate property. Computers are not cautious enough. For example, a client with two children may express the desire to name a particular child as executor because this child has always had a hard time keeping a job and will likely have ample free time to serve as executor, while the other child is a successful banker and probably would not want to be bothered. The DIY software will not caution, “Alert! Carefully reconsider your choice of executor because he has motive to abscond with estate money and may lack the skills to

manage the estate!” Improper execution. A proper will contains the testator’s signature, an attestation clause, two disinterested witness signatures, a self-proving affidavit, a notary signature and notary seal. A surprising number of DIY wills miss one or more of these components. Consumers’ bar for “good enough” is too low. Attorneys are a (rightfully) paranoid lot. For example, clients assume that they need not specify alternate beneficiaries and alternate executors. Clients also tend not to worry about the potentiality of will contests. A client may not automatically see how disinheriting children needs to be handled carefully to minimize the escalated risk of a will contest. “I do not care,” they say, “I will be dead.” With

that mindset, why go through the effort of creating a will at all? Missing state-specific components. The non-attorney document preparers are generally 50-state organizations. This proves problematic when, for example, a Texas will should specifically request independent administration, the executor’s power to sell real property, the waiving of bond, an in terrorem clause, and so on. Peace of mind has value. A favorite trick question for the consumer considering the DIY route: When would you discover whether or not your DIY will is HN defective? Isaac Shutt is the attorney and owner of Shutt Law Firm, PLLC, and can be reached at ishutt@shuttlawfirm.com.

SIGN-UP NOW TO E-MENTOR A HIGH SCHOOL STUDENT BY EMAIL!

E-Mentoring is an impactful way to maximize success of students. Share your skills and knowledge and make a difference in the life of a DISD high school student by mentoring them via e-mail. The program now offers bi-weekly e-mail topics designed to help structure and encourage meaningful discussion. Get Involved! Sign up at www.dallasbar.org/ementoring. Returning mentors must sign up every year.

2015 CHARITABLE PLANNING SEMINAR For Your Nonprofit Clients: Powerful Planned Giving with a Shoe-String Staff and a Shoe-String Budget! With Bryan Clontz Thursday, January 29, 2015 | 1:00 – 5:00 p.m. Texas Scottish Rite Hospital for Children

Advanced Charitable Brainteasers: Common Problems and Uncommon Solutions PRESENTED BY

Bryan Clontz, CFP,® CAP ® President, Charitable Solutions, LLC

Friday, January 30, 2015 | 7:30 to 10:30 a.m. | Belo Mansion As more clients seek tax-effective ways to manage and distribute their wealth, it’s increasingly important to offer charitable planning recommendations that match their individual needs. In this highly interactive session, Bryan Clontz will present six distinct case studies that include complex charitable planning dilemmas and solutions. He’ll present a cross-disciplinary approach touching on legal, tax, investment and financial planning techniques unique to each charitable case. Bryan will offer charitable solutions that you can readily employ with your clients to better serve their unique and diverse interests.

In just one afternoon, learn how to create a robust planned giving program with no money and 2-3 hours per month. This highly interactive session explains planned giving in simple terms, describes what really motivates donors to give and provides a step-by-step action plan to implement when you return to the office. Learn more or register at: dallasfoundation.org

Bryan K. Clontz, CFP®, CLU, ChFC, CAP®, AEP Bryan is the founder and President of Charitable Solutions, LLC, specializing in non-cash asset receipt and liquidation, gift annuity reinsurance brokerage, gift annuity risk management consulting, emergency assistance funds and life insurance appraisals/audits. He also serves as a Senior Consultant to Ekstrom & Associates – a community foundation consulting firm in New Haven, CT.

To register and see available continuing education credits and course prerequisites, visit dallasfoundation.org or call 214 741.9898.

The Dallas Foundation – For 85 years, The Dallas Foundation has been improving life in North Texas. Established as a community foundation in 1929, it serves as a resource, leader and catalyst for philanthropy by providing donors with flexible means of making gifts to charitable causes that enhance our community. For information, visit dallasfoundation.org

12 H e 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 2014

DBA Bench Bar Conference At Horseshoe Bay

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De c e mb e r 2 0 1 4

Column

D al l as Bar A ssoci ati on l Headnotes 13

Ethics

Representing Clients Who May Be Incapacitated by Gregory W. Sampson

It is clear our society is aging. In 2011, 76 million baby boomers began to turn 65. By 2050 the population over 65 is expected to increase by 50 percent. Unprecedented longer life expectancies should also mean more elder Americans suffering some form of diminished capacity, in addition to others with substance abuse and psychological disorders affecting capacity. Surely, many of these will be our clients to whom we may owe special duties under the law and Texas Disciplinary Rules of Professional Conduct. Knowing whether your client has capacity can be critical in several contexts. Initially, you must determine your client has the contractual capacity to hire you. If not, there is no attorney-client relationship under Rule 1.02, and all fees might be returnable. During representation, Rule 1.02 says you must follow your client’s instructions. But if the client is unable to make decisions in his best interest, there may be an obligation to seek appointment of a representative or take steps to begin a courtinitiated guardianship under Rule 1.02(g). A client’s deficiencies might also interfere with other duties, such as the duties to keep the client reasonably informed under Rule 1.03, and to maintain client confidentiality under Rule 1.05. These Rules and related Comments authorize and obligate you to accommodate your client’s diminished capacity. When this requires working with other family or an attorneyin-fact, it is important to clarify whom you represent and verify that the agent’s actions are consistent with the principal’s expressed objectives, fair and in his best interest.

“When an attorney does not spot capacity issues during the intake process or early representation, it becomes challenging to avoid conflict of interest issues with other family members,” noted Judge Brenda Hull Thompson of the Probate Court of Dallas County. This requires more careful measures to assure the client understands the scope of representation, to secure any consents to conflicts, and to protect the confidentiality of information. It may also necessitate appointment of a temporary guardian or initiating guardianship for decision making. Legal standards for incapacity differ depending upon the context. Contractual capacity requires that one appreciate the effect of what he is doing and understands the nature and consequences of his acts and the business he is transacting. Testamentary capacity requires the testator to understand the business engaged in, nature and extent of his property, who is to receive it, who is dependent upon it and how it is distributed among them; then holding onto all of that long enough to perceive their obvious relationship to each other and to make a reasonable judgment about it. For appointment of a guardian, the Estates Code defines an incapacitated adult as one who “… because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for himself or herself, to care for the individual’s own physical health, or to manage the individual’s own financial affairs.” One role as lawyer is to assure that your client has the requisite capacity to make decisions and sign documents, yet many do not feel equipped to make that determination. “Admittedly, this is a slippery slope many lawyers choose not to

climb,” said elder law attorney Michael Cohen, “but it can be done in difficult situations with a capacity affidavit from the client’s neurologist, gerontologist or other mental health professional, together with the lawyer’s own assessment at the time of signing.” Mr. Cohen, also an Alzheimer’s Association Board Member, further explains that there are resources to help lawyers recognize the signs and symptoms of diminished capacity. On the association’s website at www.alz.org/greaterdallas, there are competency assessment materials, lists of local professionals who can help, and even a 24/7 Helpline, (800) 272-3900. TYLA, the Senior Source, the Department of Aging and Disability Services, and others also provide helpful web resources. If you terminate the representation of a diminished client, you still have a duty to mitigate any harm in the transition under Rules 1.02 and 1.15. Your duty of loyalty to your client also means you must assure he is not falling vic-

tim to undue influence, coercion, neglect or abuse. Judge Thompson stressed, “[e] lder abuse and exploitation are disturbing to Judges because sometimes attorneys participate unknowingly in harming their client’s interests.” Isolation of the client, sudden changes in lawyers and planning, and control of an elder’s communication are among the red flags for such problems. When you have cause to believe any elder is abused, neglected or exploited, you (as others) are required to notify APS, the police or other authorities or face misdemeanor criminal penalties under the Human Resources Code. This is an exception to the confidentiality rule and the duty can be met by anonymous reporting. Our unique position as client advocates makes us critical allies in the battle to expose and thwart rising elder exploita HN tion. Gregory W. Sampson is a Member of Gray Reed & McGraw, P.C., and a former Chair and current member of the DBA Legal Ethics Committee. He can be reached at gsampson@grayreed.com.

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14 H e 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 2014

A Time to Engage, Inform, Inspire by Trey Apffel

June 2014 marked the beginning of my tenure as president of the State Bar of Texas. My commitment as a newly sworn in president began with three key words: Engage, Inform, and Inspire. For the past six months, these words have played a vital role in the initiative toward continued progress and awareness of the principles that set our profession apart and the work the State Bar does to support its members. One way we are engaging Texas lawyers is through the use of social media and online platforms. Members can access the bar’s social media and mobile networks anytime to receive information on services that can help them in their practice and lives. Additionally, the State Bar is improving its online platforms through a refresh of texasbar.com and the upcoming

launch of Texas Bar Connect. This members-only social network—now operating in test mode—will offer lawyers opportunities to connect and share practice-specific information in new and exciting ways. As president, I am proud to support initiatives that help the bar fulfill its mission to advance the quality of legal services, provide high-quality services to our members, and improve the administration of justice. In that spirit, I am happy to report that State Bar members now have free access to Fastcase, one of the country’s most popular legal research systems. Our members continue to receive free access Trey Apffel to the Casemaker legal research service, along with expanded

“Dealing With What We Don’t See: Implicit Bias in the Law” by Professor Jerry Kang UCLA School of Law Thursday, December 4, Noon, at Belo

premium Casemaker services at no cost. We are the first and only bar association to offer free access to both Fastcase and Casemaker—a $2,000 value—which reflects our commitment to helping you run your practice. And don’t forget, the bar continues to provide practice tips through the Law Practice Management Program and new job opportunities through Texas Bar Career Center. The author Kevin Kruse, who writes about leadership, has said that “life isn’t about getting and having; it’s about giving and being.” As Texas lawyers, it is richly rewarding to make a positive impact in the lives of Texans who need legal help but cannot afford it. Through the State Bar’s CARE campaign and local bar initiatives such as the Dallas Volunteer Attorney Program, attorneys are continuously inspiring each other to provide pro bono hours in our communities. As your president, I am doing all I can to spread the word about our colleagues’ selfless work and the need for even more lawyers to be involved. I strongly believe it is the oath we take as lawyers, and the right to access to justice that we defend every day, that make our profession different from all others. Along with this profound sense of community spirit comes a deep pride of professionalism and ethics. Our state’s highest courts understood this in 1989,

when they adopted the Texas Lawyer’s Creed as a mandate for professionalism. We celebrated the creed’s 25th anniversary in November, and it was a perfect time to remember that we are all responsible for ensuring people have access to competent legal representation, regardless of their wealth or position in life; that our word is our bond; and that we should always be conscious of our duty to protect our judicial system. I can tell you that Texas lawyers are well aware of these duties. I see it every day in courthouses, in boardrooms, and at legal clinics throughout the state. We as attorneys are committed to educating our fellow Texans about the importance of the rule of law and protecting the public from those who would abuse their position of trust. As we continue to move forward in the year, consider the quote by Arthur Ashe: “Start where you are. Use what you have. Do what you can.” I encourage you to become active in some form, either by engaging your peers or the clients through social media, informing the public and your colleagues of the many programs the bar has to offer, or inspiring others in the profession with a sincere sense of ethics and commitment to pro bono service. Whichever path you take, remember that the State Bar is here to serve you on your HN journey. Trey Apffel is president of the State Bar of Texas and the founder and owner of Apffel Law Firm in League City. He may be reached via email at statebarpresident@texasbar.com.

MCLE 1.00 Sponsored by the CLE Committee, Business Litigation, Tort & Insurance Practice and Trial Skills Sections

2015 INAUGURAL OF Bradley C. Weber A T T HE W ESTIN G ALLERIA D ALLAS

Saturday, January 17, 2015 The Dallas Bar Association will inaugurate its 106th President, Bradley C. Weber at the inaugural ball on Saturday, January 17. The black-tie ball will include dinner, dancing to music by the band New Ground and silent and live auctions.

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!

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D e c e mb e r 2 0 1 4

Focus

Dal l as Bar A ssoci ati on l Headnotes 15

Probate, Trusts & Estates Law

Reasons for A Will by Cyndi Watson

Unless a person dies with no personal or real property, no debts and no person or organization for whom he wishes to provide, after his death, someone will need to identify assets, pay legitimate debts and distribute any remaining property to beneficiaries or heirs. Estate planning tools are available to facilitate the orderly transition and closure of an estate. With no planning, the decision of who receives remaining property is left to the infinite wisdom of the state— through the laws of descent and distribution. The results may be surprising. Or, in the words of an old proverb, “failing to plan is planning to fail.” The distribution of an estate can occur through probate, which involves court proceedings, by the use of non-probate methods, or usually, a combination thereof. Non-probate methods include such tools as inter vivos trusts and dispositions by contract with third parties, e.g., beneficiary designations. Even where probate avoidance techniques are utilized, a will may be a necessary component or an advisable backup. As a primary estate planning tool, a

will can provide for the orderly transition of an estate to those the decedent intended to benefit. A will can serve to: (1) identify who will serve as the executor and administer the estate, as well as alternates, (2) identify dependents, (3) identify those with special needs, (4) identify other family members and friends who will receive gifts, (5) identify favorite organizations and charities to receive gifts, (6) name a person to serve as trustee of trusts created under the will, as well as successors, (7) explain gifting that may surprise family members or other beneficiaries, (8) avoid a court dependent estate administration, (9) provide for successive generations, (10) preserve assets for a spendthrift beneficiary, (11) plan for minimizing taxes which the estate may owe, (12) provide for a distribution disproportionate to blood relationship and different from the results of intestate inheritance, (13) nominate a guardian for a minor child, (14) provide for the children of prior or subsequent marriages or relationships, (15) provide for a surviving spouse as well as children of a former marriage, (16) facilitate the transfer of title to real property, and, (17) avoid undesir-

able inheritance (e.g., one-half of all real and personal property being gifted to one child from a prior relationship to the detriment of a surviving spouse and children from that marriage). The planning process itself requires focus on circumstances, family, assets, desirable circumstances and consequences to be avoided. Addressing one’s

estate plan can help reduce the ultimate burden on loved ones and conflict among beneficiaries. For statutory provisions governing wills, see the Texas Estates Code, effec HN tive January 1, 2014. Cyndi Watson is a partner at Glast, Phillips & Murray, P.C. She can be reached at clwatson@gpm-law.com.

Weil Gotshal Receives Lisa Blue and Fred Baron Access to Justice Award

Professionalism Tip I will treat counsel, opposing parties, the Court, and members of the Court staff with courtesy and civility. Find the complete Creed online at http://txbf.org/texas-lawyers-creed/. Excerpt from the Texas Lawyers Creed

At the Pro Bono Awards Celebration on October 29, the firm of Weil, Gotshal & Manges, LLP was presented with the Lisa Blue and Fred Baron Access to Justice Award, which is given jointly by the DBA and Legal Aid of NorthWest Texas to a deserving individual, group or organization for their outstanding dedication to pro bono work and serving those less fortunate. (Left to right) Joel Winful, CEO of Legal Aid of NorthWest Texas; Natalie Smeltzer, accepting on behalf of Weil; and Anjulie Ponce, Co-Chair of the Pro Bono Activities Committee.

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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 o ciation

D ecem ber 2014

DBF Provides $5 Million in Grants by Elizabeth Philipp

In 2014, the Dallas Bar Foundation achieved a number of noteworthy milestones including surpassing $5 million in total grants and scholarships awarded since 1981, surpassing the $2 million mark in Sarah T. Hughes Diversity Scholarship awards and exceeding $500,000 in William E. Collins Clerkships. The DBF is pleased to have awarded $72,360 in grants for the 12-month period ending September 30, 2014. These grant awards are in addition to the other programs funded by the DBF including the Sarah T. Hughes Diversity Scholarships, the Collins Clerkships, the Justice James A. Baker Clerkship, the Donald C. McCleary Gardere Leadership Scholarship and the Philbin Awards for excellence in legal reporting. The 2014 Grants Committee is chaired by Frank Stevenson, of Locke Lord LLP, with Victor Corpuz, of Jackson Lewis LLP, serving as Vice Chair.

They are joined on the committee by Nina Cortell, of Haynes and Boone, LLP. Each grant request is reviewed by the committee before being presented to the DBF Board of Trustees for final determination. Committee members review the requests to ensure the programs align with the DBF mission of supporting law related scholarships 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 are 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 sub-

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2014

Dallas County Bench Book

mit a written narrative on the results they have achieved from the initiatives described in their grant request. A partial list of grantees approved this past year includes: “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. Big Brothers Big Sisters Civic Mentoring Program which involves mentoring and educating at- risk youth about civic responsibility and the role of government. The participants are mentored by government officials, legal professionals, and military personnel. CASA (Court Appointed Special Advocates) which provides abused and neglected children a caring volunteer to represent their best interests in court. Their plan is to double their current number of volunteer advocates to handle their increase in cases. Conference on Crimes Against

Women, the premier national conference organized by Genesis Women’s Shelter, for prosecutors, judges and law enforcement personnel. 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. DBA Dismantling the School to Prison Pipeline program which was a three-part series of presentations and discussions attended by lawyers, educators, school board trustees and a Chief of Police. DOORS Inc, a re-entry advocacy and re-entry educator and trainer program, which serves clients in partnership with five Criminal Diversion Courts in Dallas County. Dallas Volunteer Attorney Program CLE and recruitment program which enlists volunteer attorneys to accept pro-bono family law cases. 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. Mosaic Family Services which provides legal assistance to a diverse and underserved immigrant population. 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 the national com HN petition. Elizabeth Philip is Executive Director of the Dallas Bar Foundation and can be reached at ephilipp@dallasbar.org.

Park Place Dallas Ticket to Drive Raffle ...Winner receives 2015 Mercedes-Benz GLA-Class

Runner-Up Receives:

Fairmont Choice Travel Package (Three-night stay with airfare for 2)

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Raffle tickets are $100 each — or 6 tickets for $500. Proceeds benefit the Dallas Volunteer Attorney Program, which provides legal services to the less fortunate in our community. No more than 1,500 tickets will be sold. Purchase raffle tickets online at

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www.dallasbar.org/dvap/raffle.asp or at the DBA offices at the Belo Mansion (2101 Ross Avenue, Dallas, TX 75201).

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Drawing will be held at the DBA Inaugural Ball on January 17, 2015. The winner need not be present to win. The winner is responsible for all taxes, title and licensing. Prize is non-transferable. No cash option is available.

De c e mb e r 2 0 1 4

Focus

Dal l as Bar A ssoci ati on l Headnotes 17

Probate, Trusts & Estates Law

Evaluating Estate Sale Contracts by Barbara Hunt

Probate attorneys sometimes are asked to review contracts of estate sale companies being considered for liquidation of the contents of a residence. Most professional estate sale companies in Dallas charge a percentage of the proceeds as their fee for conducting the sale. The percentages charged generally range between 25 percent and 50 percent of the sale price of goods sold. But simply knowing the percentage to be charged is not really very helpful in choosing an estate sale provider. Without a detailed explanation of how and when the percentage is calculated and how all attendant costs are paid, the percentage may be misleading. Some estate sale companies charge a lower percentage, but pay the labor costs and other costs of conducting the sale from the proceeds of the sale before calculating their percentage of the proceeds. Other estate sale companies charge a higher percentage to conduct the sale, but calculate the percentage on the total proceeds first, then pay the labor cost and other costs of conducting the sale from the estate sale company’s percentage of the proceeds. Some companies have a minimum up front charge to cover costs of conducting the sale, regardless of the size of the sale, in addition to a percentage of the proceeds that exceed that initial charge. Labor cost is generally the biggest cost for any sale. So you need to know exactly how the estate sale provider you are considering handles labor costs, as well as all other costs, in order to evaluate the percentage charged.

Estate sales require a lot of work and expense for the preparation and conduct of a sale, but the amount of preparation time and expense vary greatly with the size of the sale. Most sales are conducted over a two day period, Saturday and Sunday, unless it is a very large sale, which may require three days. Several estate sale workers are needed for each day of preparation. A minimum of one employee is best in each sale room during the actual sale to prevent theft, in addition to the owner and at least one or two other people to handle credit card charges and check out customers. It is important to know whether the sale house is full or half empty. Some of the most prominent professional estate sale providers will refuse an engagement if the house is not full. Estate sale customers that preview the sales on line go first to the sales that appear very full of high quality merchandise. Other companies will accept sales that are not completely full, but only on condition that they are permitted to supplement the sale with other items. Often those items are consigned by the estates of decedents that lived in highrises that do not allow sales or are consigned by estates that were not large enough for a stand-alone sale. Consolidation into one full sale of high quality merchandise displayed in a nice house makes more money for both estates, if properly staged, because it draws more buyers. A diligent practitioner may ask: • About all the details of the sale before approving a contract. • How many people will be working during each day of the sale.

• Whether the estate sale company accepts credit cards? If so, whether the percentage due to the estate sale company on those sales is usually increased by 3 to 5 percent to cover the credit card fees, but total sales are invariably higher in sales where credit cards are accepted. • Whether and what type of yard signs does the Estate Sale Company use? Are the signs hand-written with a black marker or printed? Where will the signs be placed? • Whether, where and how will the sale be advertised? If in the newspaper, what size ad will be placed? How long will the ad run? If by email, how many customers are on the estate sale company’s email list? • Whether it has a website where

photos of the sale will be posted just before the sale opens and whether they will also list the sale with a commercial website that lists estate sales by location, such as 24-7estatesales.com. There are now multiple commercial websites that advertise estate sales by geographic area, with photos of each sale. You can get a general idea of the presentation style of the individual estate sale companies from the photos on their own website, as well as the commercial online estate sale ads. The quality and quantity of advertising makes a huge difference in the success of an estate sale, just as it does in the HN retail environment. Barbara Hunt is a solo practitioner and can be reached at bhunt@huntlaw.us.

BECOME INVOLVED IN HIGH SCHOOL MOCK TRIAL  Help Organize Events & Awards

Develop and oversee the mock trial events/awards for students.

 Become an advocate for mock trial

Help recruit compe��on volunteers and conduct trainings to educa�on schools, students and teacher coaches on mock trial.

 Tournament tabulators

Work behind the scenes at the compe��on to help tabulate scores for the high school mock trial compe��on.

Mock Trial Compe��on Dates: January 24‐31, February 7 and March 5‐7, 2015 See website for details: www.dallasbar.org/mocktrial To volunteer, or for more informa�on: ktaylor@dallasbar.org | (214) 220‐7484.

18 H e 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 2014

Indirect Contempt: A Wrong Without A Remedy in Texas? by Jeff Embry

What is the remedy in Texas if a party or the Court discovers long after the expiration of the trial court’s plenary power that a party violated a Court order or hid evidence in a civil case? For the wronged party, they could attempt to obtain a new trial or seek to undue a settlement based on fraudulent inducement. However, private parties may simply not have any motivation or interest in pursuing such a remedy and may have been satisfied with the underlying result. After all, a private litigant does not have the same interest as the Court in protecting the integrity of the legal system, and most litigants are thankful to have their legal disputes behind them. But what is the remedy for the Court itself to protect its dignity and encourage compliance with its orders? One would think the option would be to hold the wrongdoer in contempt and punish the wrongdoing. But it is not that easy in Texas. The contempt statute in Texas is found at section 21.002 of the Texas Government Code. This statute provides Courts the power to punish contempt with a fine of up to $500 and

imprisonment of up to six months, or both. The statute, however, does not address jurisdiction. Contempt is classified as either direct or constructive. Direct contempt occurs within the presence of the court; for example, an affront to the dignity of the court or disruptive conduct in the courtroom. A trial court’s power to punish this type of contempt is without question. Constructive contempt, on the other hand, is contemptuous conduct outside the presence of the court, such as the failure or refusal to comply with a valid court order. If a sophisticated civil litigant chose to violate a Court order or hide evidence, such activities would be done outside the presence of the Court and might not be discovered until long after the fact through happenstance or a whistleblower. If the contemptuous conduct is discovered while a case is ongoing or while the trial court retains plenary power, the trial court can issue a show cause order, conduct a hearing, and punish any contempt. However, a case out of the Waco Court of Appeals indicates that the trial court loses this power once its plenary power has expired. In In re Toyota, 2011 WL 5830468,

a party in a long-settled and dismissed case filed a Motion for Contempt after a former in-house counsel for the defendant indicated he had participated in the violation of discovery orders and hid or destroyed relevant evidence during the pendency of the underlying case. The trial court began a contempt investigation but the Defendant challenged its jurisdiction to do so based on the expiration of plenary power in the underlying case. The movant argued that the Court enjoyed inherent powers to conduct a contempt investigation consistent with Texas Government Code section 21.001 (inherent power and duty of courts) and Texas Rule of Civil Procedure 308 (court shall enforce its decrees) to protect the dignity of the courts and enforce his lawful orders. On mandamus review, the Waco Court of Appeals recognized the inherent powers a court enjoys to protect its dignity and preserve the integrity of the judicial system. The Court, however, held that a trial court did not have the judicial power to investigate contempt after its plenary

power had expired over the underlying proceeding. The Court noted that “inherent power is no substitute for plenary jurisdiction.” The Waco Court issued mandamus, and the contempt investigation was foreclosed. There is no Texas Supreme Court case directly on point concerning when a Court has jurisdiction to open an indirect contempt investigation, and the Texas Supreme Court denied review of the In re Toyota case. The Waco Court of Appeals commented in a footnote that the State Bar may investigate the lawyers involved and the wronged litigant may pursue fraud claims, but the Court itself is without jurisdiction to punish any contemptuous conduct. So for now, it appears the law in Texas is that indirect or constructive contempt is a wrong without any remedy if the wrongdoer can conceal their misdeeds until plenary power expires over the underlying proceed HN ing. Jeff Embry is a partner at Hossley & Embry, LLP, and can be contacted at jeff@hossleyembry.com.

Chris Reed-Brown Receives C.B. Bunkley Award

New Buffet Prices Effective January 1 Over the past eight years, the buffet prices have not increased, but Culinaire’s expenses and costs of operation have increased significantly. In order to maintain the quality and level of service our members have come to expect from the Belo facility, the time has come to make a slight adjustment to the buffet prices. Beginning January 1, 2015, the full buffet (including a dessert) will increase to $14.95 and the soup and salad (including a dessert) will increase to $10.75. These prices are inclusive of tax and 15% service charge. By comparison, the Tower Club buffet is $16.95, plus $5.95 for dessert, plus tax and plus 21% service charge. Thank you for understanding and we hope that you will continue to enjoy our lunch buffet as a benefit of membership in the Dallas Bar Association.

TURLEY LAW CENTER Westlaw Access - Group Rates

On Site Management & Owner 24-hour Cardkey Access Covered Valet Parking Conference Rooms Fast Internet Access Sandwich Shop Beauty & Barber Shop ATM

Proximity to Dart Rail Station

214-382-4118

DVAP’s Finest

Twyla Weatherford

On Site Security

FedEx Drop Boxes

On November 1, Chris Reed-Brown (left), Recruiter at the Dallas Volunteer Attorney Program, received the J.L. Turner Legal Association’s C. B. Bunkley Community Service Award, which honors an individual or group that demonstrates a continuing commitment to community service. JLTLA President Tatiana A. Waits (right) presented the award.

Conveniently located at the Southeast corner of N. Central Expressway and University Blvd. Take a tour at: www.turleyproperties.com or Email us at: brendaw@wturley.com

Twyla Weatherford is the Court Coordinator for the 302nd District Court of Dallas County. Twyla helps to arrange the participation of judges and court reporters for DVAP’s monthly prove-up clinics at the George Allen, Sr. Courthouse. She helps to conform the judges’ signatures after the prove-ups and obtain the prescribed number of documents. Following the clinic, she disburses the orders to the proper courts for entry by the District Clerk staff. It has been Twyla’s privilege to work with DVAP since 2000, when she was in the District Clerk’s office and for the last 10 years as the Court Coordinator for the 302nd District Court. As Twyla says, “It doesn’t take much time to help others and after all, isn’t that what it’s all about?” Thank you for all you do, Twyla!

Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.

De c e mb e r 2 0 1 4

Classifieds

Dal l as Bar A ssoci ati on l Headnotes 19

December

EXPERT WITNESS

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, business valuation, credit damage and divorce 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) 2229494. dlopez@pulmanlaw.com.

OFFICE SPACE

North Dallas. Office with window view available for rent with law firm located in Dallas Class A building near 635 & Coit. Amenities include use of 3 conference rooms, parking garage, photocopy/scanner/ postage/facsimile and related amenities. Contact Aaron at (214) 347-4259 or email info@hn-lawfirm.com. Highland Park/Uptown – Office with other well-established law firms. Fully furnished offices, receptionist, meeting rooms, utilities included, garage parking, walking distance to tons of restaurants and the Katy Trail. Prices starting at $400. Call Michelle at (214) 559-7158. Central Expressway | Park Cities – Varying sized offices and cubicles are available for rent. Office with several long-established law practices. Perfect for Solo practitioners and 2-to-3 partner groups. Your space comes with turnkey services, amenities and updated technology at affordable pricing. For pictures, floor plan and greater detail, please visit us at www.MeadowsLawCenter.com or call (214) 368-7880 Ext 4413. Dallas Arts District/Uptown area: Easy access on Woodall Rodgers at Klyde Warren Park. 1821 sq ft for $25/sq ft. Multioffice space includes kitchen and conference room. Call (214) 220-1210 ext 102 or dhaley@milbyfirm.com. Offices available for rent with law firm located in Downtown Dallas Class A, Arts District building. Amenities include confer-

Outstanding Court Staff Awards Luncheon The winners for the 2014 Outstanding Court Staff Awards will be announced and recognized at the DBA Judiciary Committee Luncheon on Thursday, December 4. RSVP to mjohnson@dallabar.org.

ence room, law library, secretarial station, kitchen, parking garage, photocopy/scanner/postage/facsimile and related amenities. Contact Laura at (214) 922-9265. Large office and/or secretarial office available at 4054 McKinney Avenue. Shared conference and break room, copier, fax, DSL & phone equipment are available if needed. No long term commitment and a monthly rate of $850.00 for the unfurnished large office and $300.00 for the furnished secretarial office. Call (214) 520-0600. North Dallas law firm located near 635 & Coit has window office for lease in a Class A building directly off the 5th floor elevator, 24/7 use, shared open space for assistants to work in a cubicle setup, available high speed Internet, use of a high volume Workcentre printer/scanner, free covered parking. There are two additional building conference rooms available for use, one on our floor. Front desk assistant to greet your clients as they arrive and page you. Building Gym memberships available for $10 a month. Term of lease flexible. For more information contact Aaron at (214) 347-4259 or email info@hn-lawfirm.com. Walnut Glen Tower (Walnut Hill/Central) Tasteful, bright, spacious offices in Class A building with views of downtown over lake with fountain. 16-story glass atrium with glass elevators and waterfall. Practice in a relaxed yet professional 4-lawyer environment which includes administrative stations, conference room, kitchen, copier, phone system, reserved garage parking, on-site restaurant and other amenities. Why not have quality of life while you practice? Please call (214) 750-1600 for details.

POSITION AVAILABLE

Business litigation firm seeks experienced trial attorney with first chair trial, deposition, and appellate experience. Some existing hourly clientele a plus. Compensation negotiable. Firm offers first rate office facility, a tenured, experienced support staff, and good work environment. Send cover letter and resume in confidence to oaklawnfirm@aol.com. Texas Licensed Oil and Gas Associate. Full-Time. Compensation/Benefits: Negotiable. Job Description: Independent contractor with the potential for an Associate position. Duties will include: rendering original drilling opinions, supplemental opinions, acquisition opinions, division order title opinions, leasehold title opinions and banking title opinions. The ideal candidate must be licensed in Texas. Would prefer experience advising clients on oil, gas, and mineral title issues, pooling and unitization, community leases, and matters related to undivided mineral ownership and leasehold estates. He or she should be skilled in the preparation of

I’ve Passed the Bar, Now What? Handling Your First Criminal Case Speakers: Hon. Angela King, Ezekiel Tyson, Susan Anderson Tuesday, December 2, 5:30-7:30 p.m. at Belo MCLE 1.50, Ethics 0.50 RSVP to reed-brownc@lanwt.org. DVAP and J.L. Turner Legal Association will present a joint pro bono CLE for newly licensed lawyers, civil lawyers handling their first criminal law case, and seasoned lawyers in need of a refresher course.

oil and gas leases, amendments, assignments, ratifications, mineral and royalty deeds, and operating agreements. Experienced oil and gas candidates should possess 3+ years’ experience with oil and gas title issues throughout all regions of the State Texas. Please forward your resume to Sharman Casper at Sharmen. casper@Beckmenlawfirm.com. Finance Attorney Wanted: McGuire, Craddock & Strother, PC, seeks a bright, hardworking associate with 4-8 years commercial lending/finance experience (with an emphasis on commercial real estate lending), excellent writing skills, and excellent people skills. Prefer top 25% of class from major law school and a sense of humor. Please submit resume and writing sample to lscott@mcslaw.com. Palmer & Manuel seeks to add an experienced family law attorney. Board Certification is a plus. See our website at pamlaw.com or contract Rebecca Manuel at (214) 2426444 or rmanuel@pamlaw.com. Health Law Attorney Needed. Experience in healthcare regulatory and payment matters - Medicare, Medicaid, licensing, transactional or criminal law services to healthcare providers. We prefer a problem solver with a disciplined work ethic, excellent writing skills, good attitude who is self-motivated and will participate in marketing & seminar presentations. Please email resume to markskennedylaw@msn.com. Palmer & Manuel seeks to add an experienced civil litigation and transactional attorney to supplement our existing practice in these areas. See our website at pamlaw.com or contact Steve Palmer at (214) 242-6444, or spalmer@pamlaw.com. Legal Aid of NorthWest Texas (“LANWT”) currently has various openings throughout its firm at various locations. We are a Section 501(c)(3) nonprofit Texas Corporation. LANWT provides free civil legal services to eligible low-income residents in 114 Texas Counties. If you are interested in joining a great team that offers you the opportunity to rapidly develop litigation skills in court, a generous health benefits package, and the ability to be of service to others, we encourage you to visit LANWT’s career site at www.lanwt.org.

POSITION WANTED

Freelance Attorney Experienced, AV-rated commercial litigation attorney/UT Law honors graduate available for legal research, legal writing, and editing work on a project basis. High quality work product for your firm with no commitment and no overhead. Excellent references. attorney3503-7615@yahoo.com.

SERVICES

PhD, is an economist with 23 years of experience, IRS and Big Four, providing Economic consulting services, Transfer Pricing Documentation, International Tax Planning advice, and Dispute Resolution guidance and strategy. His Dispute Resolution experience includes IRS field audits, Appeals, Competent Authority, and Advanced Pricing Agreements. Former Partner, PwC and KPMG, and Dallas District Industry Economist. Contact Dr. Seeger at Quantecon Consulting, (972) 422-9170 or visit www.Quanteconconsulting.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 Brenda at 1-800-760-9890 or (214) 720-9890 for a friendly and quick analysis and response. Firearms Liquidation and Transfers. Licensed and Insured FFL Class I and III. We purchase individual firearms or collections, sell on consignment and handle transfers for all types of firearms. $20 fee for Individual transfers with concealed carry, law enforcement/military all other $25. 5H Outdoors, 3025 Commerce St., Dallas, TX 75205. Phone (214) 217-8398 or email DHuntSr@5houtdoors.com. 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.

FOR SALE

Share a Texas Rangers Suite at the Ballpark behind home plate: Select 10 (or multiples of 10) games during the upcoming Rangers season in a suite behind home plate. Each game includes 16 tickets, 5 parking passes (three reserved passes in Lot E and two general admissions), access to the Capital One Club before and after the game, and ability to purchase 4 additional seats in the suite per game. Also available: 4 front-row seats in the First Base Commissioners Box. Tickets are selected by draft; each partner picks his/her own games (all games except opening day included). Call (214) 560-4212 or email rwamre@advocatemag.com for information. To place an affordable classified ad here, contact Judi Smalling at (214) 220-7452 or email jsmalling@dallasbar.org.

Connect jobseekers with employers in the legal field. Run your ad in the DBA’s online Career Center. www.dallasbar.org/career-center.

Transfer Pricing Expert. William Seeger,

Need Need Help? Help? You’re You’re Not Not Alone. Alone. Need Help? You’re Not Alone. Texas Lawyers’ Assistance Program…………...(800) 343-8527 Texas Lawyers’ Assistance Program…………...(800) 343-8527 Alcoholics Anonymous…………………………...(214) Texas Lawyers’ Assistance Program…………...(800) 887-6699 343-8527 Alcoholics Anonymous…………………………...(214) 887-6699 Narcotics Anonymous…………………………….(972) Alcoholics Anonymous…………………………...(214) 699-9306 887-6699 Narcotics Anonymous…………………………….(972) 699-9306 Al Anon…………………………………………..…..(214) 363-0461 Narcotics Anonymous…………………………….(972) 699-9306 Al Anon…………………………………………..…..(214) 363-0461 Mental Health Assoc…………………………….…(214) 363-0461 828-4192 Al Anon…………………………………………..…..(214) Mental Health Assoc…………………………….…(214) 828-4192 Crisis MentalHotline………………………………………..1-800-SUICIDE Health Assoc…………………………….…(214) 828-4192 Crisis Hotline………………………………………..1-800-SUICIDE SuicideHotline………………………………………..1-800-SUICIDE Crisis Ctr SMU.…………………………...(214) 828-1000 Crisis Suicide Crisis Ctr SMU.…………………………...(214) 828-1000 Metrocare Services………………………………...(214) 743-1200 Suicide Crisis Ctr SMU.…………………………...(214) 828-1000 Metrocare Services………………………………...(214) 743-1200 Metrocare Services………………………………...(214) 743-1200 DBA Peer Assistance Committee DBA Peer Assistance Committee DBA Peer Assistance Committee

20 H e a d n o t e s l D a l l a s B a r A s s o ciation KM_HN_team_111114_final.pdf

11/11/14

D ecem ber 2014

11:16 AM

WHEN FORTUNE AND FAMILY MATTER,

WE’LL FIGHT FOR YOURS.

BRYCE HOPSON Attorney

FRANCESCA ROBERTSON

ROBERT EPSTEIN

Attorney

Partner

JT GAGE

JONATHAN JAMES

Attorney

KELLY McCLURE CEO and Managing Partner

Family Law Board Certified by the Texas Board of Legal Specialization

CMY

The McClure Law Group partners, attorneys and legal professionals are of one mind when it comes to what matters most: navigating couples and families from every walk of life through complex family law issues toward a secure future.

Kelly McClure, CEO and managing partner of McClure Law Group, found her calling in family law when pro bono work revealed the destruction that divorce can inflict on a family’s finances and relationships. An early leader of the Collaborative Law movement, McClure has been awarded the prestigious Family Law Board Certification by the Texas Board of Legal Specialization. While urging divorcing couples to consider the collaborative approach, McClure and her team of attorneys are fully prepared to advocate in court. Known for meticulous preparation and deep knowledge of legal issues that affect complex asset division case, McClure Law Group is a powerhouse team and force to be reckoned with in and out of the courtroom. Every member of the McClure Law Group team shares a commitment to excellence, working tirelessly to win the best possible resolution. When fortune and family matter, McClure Law Group will fight for yours.

W W W. M C C L U R E - L AW G R O U P. C O M

DI VORCE

MODI FI CATI ONS

P RE M A RITA L A GRE E ME NTS