July 2017 Headnotes: ADR/Collaborative Law by Jessica Smith

Dallas Bar Association

HEADNOTES Focus ADR & Collaborative Law

July 2017 Volume 42 Number 7

Charla G. Aldous: 2017 Trial Lawyer of the Year BY ANDREW M. JONES

Tough. Passionate. Persistent. Dedicated. These are just a few terms that describe the Dallas Bar Association’s 2017 Trial Lawyer of the Year Charla Aldous. When she is in the courtroom, her opposing counsel know they had better be prepared for battle because Aldous is a warrior in the legal arena—known both for her tenacious advocacy and her highly effective courtroom presence. An apt illustration is a 1990s case where Aldous represented residents of a trailer park whose water supply had been contaminated by a gasoline additive. The additive, MTBE, caused water to taste and smell like turpentine. It has since been banned in more than 20 states and has been the subject of massive cleanup efforts. Her clients in the case were of limited means and otherwise powerless against a powerful corporate defendant. Thank- Charla Aldous fully, they found a voice in Aldous. The case settled in the tens of millions of dollars, after a liability verdict but before the jury concluded deliberations on damages. In appreciation of Aldous’ efforts, the trailer park residents gave Aldous a gold-plated guardian angel lapel pin. “They told me that I was their guardian angel, sent to protect them,” Aldous recalled. “Now, I wear it to every one of my trials.” The pin is very small, scarcely larger than a thumbnail. But it seems larger than life to Aldous, serving as an important reminder of the people she represents. “I usually represent people who would otherwise not have a voice,” Aldous explained. “I represent the underdog.” Her practice is focused on plaintiffs’ work, including personal injury, wrongful death, birth injury, and medical malpractice. She has tried some 200 jury trials. She collaborates with several lawyers, and she is involved at least in some way in every case the firm handles. She speaks with conspicuous traces of a thick Texas accent, one that she said her children (all four of them) mocked as a “hillbilly” accent. “I would tell them, ‘Well, you know what that makes you, right? That makes you the children of a hillbilly.’” Her children are now grown, but when they were young, Aldous (by then a single mother) would often put pictures of her clients on the refrigerator at home. She did this to help her children understand what she was doing, especially at times when she was working very long hours on big cases. “These are my other family right now,” she would tell her kids, “and I’m fighting for them, helping them.”

Aldous’ uptown office is brimming with mementos from notable cases she has handled. One is the framed belt of a sick client whose weight loss required him to punch in new belt holes to keep his trousers up. Another memento is a lucky two-dollar bill inside a Vietnamese New Year card from a nurse whose case made national news following the 2014 Ebola scare. Yet another is the hat of a client who had undergone chemotherapy. The client, who settled a malpractice case shortly before he died, thereby securing resources for his family, put the hat on Aldous’ head when his case concluded. While the mementos often mark very sad and difficult situations, they also serve to demonstrate that Aldous’ efforts have helped secure justice for her clients and their families. Growing up in Sherman, Texas, the daughter of a Pentecostal minister, Aldous never imagined a career as a lawyer in her future. Advanced education was not an expectation or even a possibility growing up; instead, Aldous took part in a high school vocational program that allowed her to leave school at noon to go to work. When she enrolled in Grayson County Community College, her only goal was to become the best legal assistant possible. Thankfully, a history professor at Grayson County saw a different path for Aldous. The professor asked Aldous what she scored on her ACT/SAT tests. “I hadn’t even taken the tests,” Aldous said. But soon, at the encouragement of her history professor, she enrolled at Austin College, where she went on to graduate with her bachelor’s degree. “At Austin College, political science Professor Ken Street was instrumental to me. He told me, ‘You’re going to law school.’ He changed my life.” Aldous went straight from Austin College to the Southern Methodist University School of Law, where she graduated in 1985. Aldous began her legal career doing insurance defense work with Henderson, Bryant & Wolfe in Sherman. She tried cases and immediately knew that she loved the work. In court, Aldous applied the public speaking skills she had developed growing up in church. She quickly made her mark as an excellent trial lawyer. After representing the plaintiffs in the Conoco case, Aldous shifted to plaintiffs’ work, and she has never turned back. She has since secured hundreds of millions of dollars in injury verdicts for injured plaintiffs. Her success has earned Aldous numerous professional awards for trial advocacy, continued on page 8

Inside 6 Social Media’s Impact on Dispute Resolution 10 Bar None XXXII: Law Law Land 16 The Additional Benefits of Community-Based Mediation

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ADR & Collaborative Law

Tips for the New Arbitration Litigator BY PAULO FLORES

So you have tried a number of trials, and now you have your first arbitration; how hard can it be? The answer is—not any harder than trial, just different in some respects. Below are tips for the litigator who finds himself or herself in arbitration for the first time. (They should also serve as a good refresher for those experienced in arbitration.) The most important aspect of arbitrating a case is preparation. While no different from trial in this regard, due to its less formal nature, litigators sometimes take arbitration less seriously than trial. Prepare not only for the arbitration hearing, but also at every step of the arbitration. Just because you are not faced with the formality of court proceedings does not mean you should not take the arbitration process seriously. For example, docket all of your arbitration deadlines just as you would your court deadlines, and abide by them. Typically the arbitration process commences with a prehearing telephone conference with the arbitrator and the parties’ attorneys. The primary purpose of this conference is to schedule the hearing dates, and to schedule the other deadlines in the case. Be sure to know your and your client’s schedules before the preliminary conference. The prehearing or preliminary conference is often your first chance to interact with your arbitrator—make a good impression by being prepared. Consider submitting a jointly prepared, proposed agreed scheduling order to the Arbitrator before the preliminary conference. Treat your arbitrator with respect. Most attorneys adhere to this tenet. Nevertheless, some attorneys will argue with (as opposed to arguing to) their arbitrator, or raise their voice to their arbitrator. Arbitrators are impartial; they are also human. The strength of an attorney’s argument tends to be inversely proportional to how aggressively he or she makes it. By all means one can be passionate, but there is a line between effective and ineffective advocacy that differs in arbitration from a jury trial. Generally you should not be trying the case to the arbitrator in

the same manner that you might see a TV or movie lawyer character trying his or her case to a jury. Drama does not carry well with arbitrators. They want—“the facts, and just the facts” (and the law). I am not suggesting a lifeless, boring presentation. A little bit of drama, raised voice, and incredulity at the right time is part of effective advocacy. Its overuse, however, can potentially lose you your primary audience in an arbitration—the arbitrator. Arbitrators like demonstrative evidence—pictures, video, charts, plans, summaries, mockups, etc. Use these freely. They break up testimony and help clarify it. Use the fact that almost everything comes in at arbitration to your advantage. Cross-examination—keep it short and targeted. Prove your case through your direct testimony. A majority of attorneys try to prove their case through an opposing witness by cross-examination (usually with open ended questions). Not surprisingly, the vast majority of this testimony simply confirms and affirms what the witness already testified to, and if the attorney does manage to get a good answer out of the witness, it is buried in the tedium of all the other questioning. Pick three or so key areas, nail them, and move on. Use opening argument for a general factual overview of what you expect the arbitrator to hear; use closing argument to argue the law. Do not use closing to recount to the arbitrator everything the arbitrator has heard for the past few days. Closing argument should be the time for you to argue and present the applicable legal concepts to the arbitrator, with maybe a few, overarching factual themes thrown in. If you have an affirmative claim, do not forget damages. Attorneys frequently concentrate on liability, and give a short shrift to damages. At a minimum, have as an exhibit, a one page chart summarizing damages. The easier you make it for the arbitrator, the easier it is for him or her to draft an award in your favor. HN Paulo Flores, is a partner with Peckar & Abramson, P.C. He can be reached at pflores@pecklaw.com.

The 2017 DBA Membership Directory is now available in print & online. Check out the directory and legal resource guide used by Dallas attorneys! To view the Online Directory and Legal Resource & Expert Witness Guide, go to www.dallasbar.org/pictorial and login. To request a copy of the new directory, contact pictorial@dallasbar.org.

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Calendar July Events “14 Days Expedited: Injunction Practice in Departing Employee Cases,” Chelsea Hilliard and Dave Wishnew. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Fox Rothschild LLP. RSVP to yhinojos@dallasbar.org.

JULY 21-BELO Noon

“Understanding Post Closing Litigation: Key Issues For M&A Lawyers,” Rob Hoffman and David Washburn. (MCLE 1.00)* RSVP to yhinojos@dallasbar.org.

MONDAY, JULY 3 No DBA Events Scheduled

TUESDAY, JULY 4 DBA & Belo offices closed in observance of Independence Day

WEDNESDAY, JULY 5 No DBA Events Scheduled

5:15 p.m. 5:30 p.m.

Noon

Family Law Section Board Meeting Judiciary Committee

FRIDAY, JULY 7 Noon

Minority Clerkship Luncheon Learn about the broad range of opportunities in Dallas. Speakers: Angelina LaPenotiere, Paul Simon, Andrew Spaniol, Dena Stroh, and Tramaine Tinner. RSVP to bavina@dallasbar.org.

6:00 p.m.

Noon

Real Property Law Section “Eminent Domain Update,” Jeffrey Mead and Clint Schumacher. (MCLE 1.00)* Peer Assistance

TUESDAY, JULY 11 Noon

North Dallas Friday Clinic “14 Days Expedited: Injunction Practice in Departing Employee Cases,” Chelsea Hilliard and Dave Wishnew. At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Fox Rothschild LLP. RSVP to yhinojos@dallasbar.org. Trial Skills Section “Hey! Wake Up! Are You Waiving Your Trial Rights?” Prof. Fred Moss. (MCLE 2.00)* Co-sponsored by the DBA Trial Academy.

Immigration Law Section “Tax Issues for Immigration Attorneys,” Robert Alcorn. (Ethics 1.00)*

DAYL Freedom Run Committee

MONDAY, JULY 17 Noon

Labor & Employment Law Section “Lie Spotting and Ethical Issues During Internal Investigations,” Sandy Lauro. (Ethics 1.00)*

Courthouse Committee Morris Harrell Professionalism Committee 6:00 p.m.

DAYL Board of Directors Meeting

WEDNESDAY, JULY 12 Noon

Family Law Section “Family Law Legislative Update,” Kathy Kinser and Lauren Melhart. (MCLE 1.00)*

TUESDAY, JULY 18 Noon

MONDAY, JULY 24 11:30 a.m.

DVAP Probate CLE “Mental Illness,” Hon. Margaret Jones Johnson. (MCLE 1.00)*

DAYL Aid to the Homeless Committee

Noon

DAYL Membership Committee

Dallas Hispanic Bar Association

TUESDAY, JULY 25

Dallas Bar Foundation Board of Directors DAYL Elder Law Committee 6:00 p.m.

WEDNESDAY, JULY 19 Noon

Noon

Energy Law Section Topic Not Yet Available

Law in the Schools & Community Committee

American Immigration Lawyers Association DAYL Lawyers Promoting Diversity

Pro Bono Activities Committee 5:15 p.m.

LegalLine. Volunteers needed. RSVP to sbush@dallasbar.org.

WEDNESDAY, JULY 26 Noon

THURSDAY, JULY 20 Noon

Blockchain Law Study Group “Securities Laws Implications of Digital Currencies,” Gerry Reihsen. (MCLE 1.00)* SBOT Serving Texas Lawyers “Learn About the State Bar & Meet Your State Bar Directors,” Jerry Alexander, Audrey Moorehead, Greg Sampson, Scott Stolley, and Brad Weber. (Ethics 1.00)*

Health Law Section “Advice of Counsel Defense,” Joe Kendall and Jody Rudman. (MCLE 1.00)*

South Dallas Clinic “Confronting Challenges to the Profession: Tools for Attorneys to Battle Depression, Substance Use Disorder and the Rising Rate of Suicides,” David Baker and Brian Farlow. (Ethics 1.00)* At UNT Dallas, 7400 University Hills Blvd, Dal 1, Room #262. Park in lot in front of 7400 University Hills Blvd. RSVP to yhinojos@dallasbar.org. Co-Sponsored by the CLE & Peer Assistance Committees.

CLE Committee Criminal Justice Committee Publications Committee Christian Lawyers Fellowship DAYL Pro Bono Partners Committee J.L. Turner Legal Association

Business Litigation Section “Best Practices for Appealing Business Cases,” Hon. Ada Brown and Hon. David Schenck. (MCLE 1.00)*

Legal History Discussion Group “Privacy Law: the Spark of the American Revolution that Continues to Burn,” David Huntt Baker. (MCLE 1.00)*

Entertainment Committee

FRIDAY, JULY 14

MONDAY, JULY 10 Noon

Bench Bar Conference Committee Public Forum Committee DAYL Judiciary Committee DAYL Lunch & Learn CLE Dallas Asian American Bar Association LegalLine. Volunteers needed. RSVP to sbush@dallasbar.org. Bankruptcy & Commercial Law Section Topic Not Yet Available

THURSDAY, JULY 13

THURSDAY, JULY 6 Noon

Community Involvement Committee

FRIDAY CLINICS

JULY 14-NORTH DALLAS** Noon

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

Collaborative Law Section Topic Not Yet Available Entertainment, Art & Sports Law/Science & Technology Sections “Blockchain Technology in the Media and Entertainment Industry,” Cody Marx Bailey, Lance Koonce, and Mark Rasmussen. (MCLE 1.00)* DVAP New Lawyers Luncheon. For more information, contact reed-brownc@ lanwt.org. Municipal Justice Bar Association

Minority Participation Committee

THURSDAY, JULY 27

Media Relations Committee

Noon

DAYL Animal Welfare Committee Dallas LGBT Bar Association

Environmental Law Section “Topic Not Yet Available,” Susan Rainey. (MCLE 1.00)*

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

DBA Board of Directors Meeting

6:00 p.m.

DAYL Dinner & Dialogue Pipeline Diversity – Tackling Diversity From the Ground Up,” Dean Royal Furgeson, Hon. Sam Lindsay, and Dr. Jack Manhire. RSVP www.dayl.com/dinnger-and-dialogue.

Criminal Law Section “E-Filing,” Felicia Pitre and John Warren. (MCLE 1.00)*

DVAP CLE “Wills, POAs and Directives, Oh My!” Jack Wilburn. (MCLE 1.00)* DBA Community Service Fund Board Meeting DAYL CLE Committee

FRIDAY, JULY 21 9:00 a.m.

Christmas in July Donation Drop Off

Noon

Friday Clinic-Belo “Understanding Post Closing Litigation: Key Issues For M&A Lawyers,” Rob Hoffman and David Washburn. (MCLE 1.00)* RSVP to yhinojos@dallasbar.org. DAYL Lawyers Against Domestic Violence Committee

FRIDAY, JULY 28 Noon

Intellectual Property Law Section “IP Supreme Court Update,” Kathryn (Kate) Swint and Prof. David Taylor. (MCLE 1.00)* DAYL Solo & Small Firm Committee

MONDAY, JULY 31 No DBA Events Scheduled

Antitrust & Trade Regulation Section Topic Not Yet Available International Law Section “Intellectual Property Trends in China: A Comparison to the US,” Patrick Holmes. (MCLE 1.00)*

Join Us for a Sister Bar Social Thursday, July 27, 6:00-8:00 p.m. at The Tipsy Alchemist (2101 Cedar Springs Rd, Dallas) Hosted by the Dallas Association of Young Lawyers, Dallas Asian American Bar Association, Dallas Bar Association, Dallas Hispanic Bar Association, Dallas LGBT Bar Association, Dallas Women Lawyers Association, and J.L. Turner Legal Association Thank you to our event sponsor RSM US, LLP

Bench, Bar, Beach & Boating th

ͮ͞ Annual Bench Bar Conference

October 5-7, 2017 Horseshoe Bay Resort in the Texas Hill Country

Sign up to Volunteer at the DBA Community Day of Service Saturday, October 21, 2017 A day of community service hosted by the DBA’s Community Involvement Committee. For more information, visit www.dallasbar.org/dbacommunitydayofservice. If your firm or group has an idea for a project that you would like to organize, please contact csmith@chfirm.com, nishabyers@cooperscully.com, or kzack@dallasbar.org.

If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Alicia Hernandez 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 Yedenia Hinojos at the DBA office at (214) 220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact yhinojos@dallasbar.org.

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President’s Column

Headnotes Published by: DALLAS BAR ASSOCIATION

Stronger Together BY ROB CRAIN

This month we mark the one year anniversary of the attack in Downtown Dallas that left 5 officers dead and 11 others wounded. July 7, 2016, was the deadliest incident for U.S. law enforcement since the September 11 attacks. The shooter was reportedly upset over recent shootings of black men by police officers. The shooting happened at the end of a protest against the recent police shootings of Alton Sterling in Baton Rouge, Louisiana, and Philando Castile in Falcon Heights, Minnesota. In the moments and days that followed, Mayor Mike Rawlings and then Dallas Police Department Chief David Brown led our city, and the nation, with dignity, candor, and maturity that helped dissuade more violence. Presidents Barack Obama and George W. Bush set the tone for healing at an emotional memorial service. They called for unity, as did leaders across the nation. Locally, there were immediate efforts to bring people of all colors together in healing. Faith leaders from different religions held interfaith services and promised to follow up with continued efforts. There was strong energy for action—to use the emotion of the moment to make lasting change in race relations. The core sister Bar Associations in Dallas—Dallas Bar Association, J.L. Turner Legal Association, Dallas Hispanic Bar Association, Dallas Asian American Bar Association, Dallas Women Lawyers Association, Dallas LGBT Bar Association, and Dallas Association of Young Lawyers—came together for a Unity Luncheon at the Belo Mansion just days following the shooting. They presented a Joint Resolution calling for unity, and for action. The Associations committed to “open our minds to be more understanding of others and to use our training and words to bring others together to open their minds.” To honor this commitment, this year the Dallas Bar Association partnered with the Year of Unity, an effort led by Reverend Richie Butler, Senior Pastor at St. Paul United Methodist Church. One component of the Year of Unity is Together We Dine, a series of opportunities for people to come together to discuss race over dinner. Among other things, the DBA provides facilitators for these discussions. At press time for this column, we are just days away from our third event on June 20. Highland Park United Methodist Church is hosting 176 participants for 22 separate table discussions with people from all parts of our community. In April, Dean Royal Furgeson and UNT School of Law hosted students from SMU, Paul Quinn College and UNT Law. In January, we joined the Dallas Dinner Table program where 600 people met at various locations in Dallas and surrounding suburbs. The focus of these discussions is first and foremost on listening. The premise behind the program is that we all think differently because we come from different backgrounds and experiences. The only way for us to appreciate why somebody thinks differently is to listen to them so that we can understand why they have a different perspective; by listening, and then coming to this appreciation, we almost always realize that what unites us is much greater than what divides us. In a recent editorial for the Dallas Morning News discussing police-minority relations, Chief Brown wrote, “I do not pretend to know everything about these issues. I’m aware that I have enormous blind spots, that I don’t know what I don’t know…

But from where I stand now, I do know far more than I did when I started out on this journey more than three decades ago.” He concludes, “I am clear about one thing. We will make progress only when we set aside our assumptions and really start listening to each other, now more than ever.” I participated in the first two events, and will do so again in the coming days. They are searing events. I heard and saw things that will not leave me. I listened to people describe their first realizations of racism, moments as young children where hateful or ignorant words let them know that people looked at them differently because of their skin color. They will never forget those moments; and now, nor will I. I watched white students from SMU and black students from Paul Quinn openly debate how racial incidents were handled at their respective schools. In their discussion, the students disagreed, they debated, but they also listened. Though no personal opinions were changed, the beautiful conclusion to the discussion came when they all agreed that the proper approach to the incidents on campus should have been students sitting around a table and listening to each other, just as they were doing on this evening. They recognized that by talking, and more importantly listening, about why they disagreed, they learned there was substance behind the other person’s perspective, and that the substance was not flippant or hateful but rather thoughtful and reasonable. I am a middle-aged white man from University Park. I have more blind spots than most. We all have blind spots. Lawyers are no exception, but I believe lawyers bring an asset to these discussions. Lawyers often represent people in conflict with others. Lawyers have to advise their clients that jurors come from different backgrounds and experiences, that jurors may think differently and may see the same evidence and reach a different conclusion. The role lawyers play in their profession is similar to the role facilitators play in the Together We Dine discussions. In the year after the horrific shootings in the streets of Dallas, action has followed. The Year of Unity has added numerous partners and influential leaders while organizing unique ways for people to gather and discuss race. Faith leaders have kept their pledge to bring different looking congregations together. In the recent Conference of the Professions, faith leaders joined lawyers and physicians to focus on race. In addition to its work with Together We Dine, the Dallas Bar Association will host at least three programs on implicit bias in 2017, and will host a luncheon with faith leaders at the Belo on September 15 to discuss race. There will be a Together We Dine event in the Fall. There remains a hunger in our city for better race relations. Whether as an attendee or as a facilitator, we need you in these discussions. Whether it is part of the Together We Dine experience, or in casual discussions with friends, family, lawyers, members of your place of worship, or more importantly, with people who do not look like you, we need your heart, mind, mouth, and ears engaged on race. If you are interested in participating, please email Charlene Edwards at charlene@projectunity.net Our city is rich in diversity. Together, our differences bring fullness to life. Together, our city is stronger. Stronger Together HN Rob

A Fireside Chat with Lesley Stahl Women’s Equality Day Luncheon

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: Rob D. Crain President-Elect: Michael K. Hurst First Vice President: Laura Benitez Geisler Second Vice President: Robert L. Tobey Secretary-Treasurer: Rocio Cristina Garcia Immediate Past President: Jerry C. Alexander Directors: A. Shonn Brown, Jonathan Childers, Dawn Estes, Sakina Foster, Stephanie Gause, Hon. Bonnie Goldstein (Judicial At-Large), Hon. Martin Hoffman, Christopher Kang (President, Dallas Asian American Bar Association), Krisi Kastl, Angelina LaPenotiere (President, Dallas Hispanic Bar Association), Bill Mateja, Karen McCloud (Vice Chair), Kate Morris, Cheryl Camin Murray, Erin Nowell, Paul Simon (President, Dallas Association of Young Lawyers), Tramaine Tinner (President, J.L. Turner Legal Association), Aaron Tobin (Chair), and Victor D. Vital Advisory Directors: Isaac Faz (President-Elect, Dallas Hispanic Bar Association), Ashlei Gradney (PresidentElect, J.L. Turner Legal Association), Shruti Krishnan (President-Elect, Dallas Asian American Bar Association), Stephanie Osteen (President-Elect, Dallas Women Lawyers Association), Jennifer Ryback (President-Elect, Dallas Association of Young Lawyers), and Dena DeNooyer Stroh (President, Dallas Women Lawyers Association) Delegates, American Bar Association: Rhonda Hunter, Hon. Liz Lang-Miers Directors, State Bar of Texas: Leon Carter, John Jansonius, Gregory Sampson, and Brad Weber HEADNOTES Executive Director/Executive Editor: Alicia Hernandez Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Josh Garza Display Advertising: Tobin Morgan, Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Alexander Farr and Keith Pillers Vice-Chairs: Andy Jones and Carl Roberts Members: Timothy Ackermann, Logan Adock, Wes Alost, Jason Bloom, Grant Boston, Andrew Botts, Emily Brannen, Amanda Brown, Paul Chappell, Charles Coleman, Shannon Conway, Rob Crain, James Deets, James Dockery, Maria Fernandez, Dawn Fowler, Andrew Gould, Susan Halpern, Meghan Hausler, Jeremy Hawpe, Beth Hearn, Lindsay Hedrick, Nicole Holland, Michael Hurst, Brad Jackson, Andrew Jones, Kristi Kautz, Daniel Klein, Michelle Koledi, Kevin Koronka, Susan Kravick, Jess Krochtengel, Dwayne Lewis, Margaret Lyle, Lawrence Maxwell, Jr., R. Sean McDonald, Kadie Michaelis, Terah Moxley, Jessica Nathan, Eugene Olshevskyy, Kirk Pittard, Laura Anne Pohli, Charles Price, Mark Rasmussen, Adam Reed, Kathy Roux, Joshua Sandler, Mary Scott, Jared Slade, Christopher Snyder, Thad Spalding, Shana Stein, John Stevenson, Scott Stolley, Amy Stowe, Adam Swartz, Ashely Swenson, Michael Tristan, Pryce Tucker, Kathleen Turton, Peter Vogel, Suzanne Westerheim, Yuki Whitmire, Jason Wietjes, Sarah Wilson, Pei Yu DBA & DBF STAFF Executive Director: Alicia Hernandez Accounting Assistant: Shawna Bush Communications/Media Director: Jessica D. Smith Controller: Sherri Evans Events Director: Rhonda Thornton Executive Assistant: Liz Hayden Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewers: Viridiana Avina, Marcela Mejia Law-Related Education & Programs Coordinator: Melissa Garcia Membership Director: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist: Grecia Alfaro Staff Assistant: Yedenia Hinojos DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Michelle Alden Mentor Attorneys: Kristen Salas, Katherine Saldana Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Miriam Caporal, Tina Douglas, Zaporra Gonzales, Andrew Musquiz, Carmen Perales, Alicia Perkins, Karra Rybicki, Dominick Vallejo Program Assistant: Patsy Quinn

Hosted by the Dallas Bar Association & Dallas Women Lawyers Association Advancing Women in the Legal Profession

Friday, August 25, 2017 – Noon The Belo Mansion – 2101 Ross Avenue Individual Tickets: $50 - Table for 10: $500 www.DallasBar.org

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.

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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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ADR & Collaborative Law

Social Media’s Impact on Dispute Resolution BY FRANK BROYLES

“Next Morning where the two had sat They found no trace of dog or cat, And some folk think unto this day That burglars stole that pair away! But the truth about the cat and pup Is this: they ate each other up!” -Eugene Field, The Duel Like Eugene Field’s cat and pup, litigants often self-destruct and then wonder what happened. Winners routinely feel defeated by time, expense, and the unforeseen, while judges and juries are frustrated, or even angered, by the failure of litigants and their lawyers to act rationally and resolve their differences in a more amicable manner. In an effort to combat the irrational and inefficient use of litigation, the American justice system has promoted litigation alternatives, including mediation and arbitration.

The results, however, have fallen short. In 1994 Todd Carver and Albert Vondra published a thought-provoking Harvard Business Review study titled, Alternative Dispute Resolution: Why It Doesn’t Work and Why It Does. According to the study, much of the blame results from indifference by top management and a failure to recognize the connection between effective conflict management and financial results. The study concluded, Companies that give ADR top priority—even in cases where they are sure they are right—are realizing immense savings of time, money, and relationships. In contrast, companies that let old litigious habits [e.g., litigiousness, arrogance, and greed] worm their way into the process might as well go back to court. Without the commitment of top management, ADR quickly turns into litigation-in-disguise. Social media is now forcing top management to become more involved

in the conflict management process and creating mandates for comprehensive conflict management systems. Social media is so impactful for two reasons. One, it provides individuals venues where they can easily, quickly, and publicly vent dissatisfaction, before the target can mitigate the damage. It also provides opportunities for careless and self-destructive responses. And two, these negative postings and inappropriate social media responses can damage what may be a business’s most valuable asset, its reputation. The importance of business reputation in our current environment can hardly be overstated. Warren Buffet’s well-known philosophy, “We can afford to lose money— even a lot of money. But we cannot afford to lose reputation—even a shred of reputation,” succinctly describes the importance of business reputation. A few decades ago, a corporation’s value to its shareholders was measured almost exclusively by the value of its tangible assets. That is no longer the case. The Reputation Dividend Report annually lists reputation’s contribution to the shareholder value of publicly traded corporations in the U.S. and U.K. Topping the list in 2016 was Apple, Inc., with a reputation contribution to total shareholder value (i.e., stock price) of $314 billion, or 56 percent of the total shareholder value for that year. Two United Airlines incidents illustrate the threat social media can pose when minor conflicts are mishandled and C-level management intervention is required to minimize reputational damage. In 2008 United’s baggage handlers damaged Canadian musician Dave Carroll’s Taylor guitar. When United, over a 15-month period, repeatedly refused Carroll’s request for payment for the damage

he responded by creating an entertaining musical video called “United Breaks Guitars,” and posting it on YouTube. It was an instant hit, spawned a 2011 Harvard Business Review case study detailing the reputational damage to United and currently has over 17 million YouTube views. More recently, United passenger Dr. David Dao was forcibly removed from an overbooked flight when Dao refused to voluntarily deplane. A smart-phone video of the traumatic removal posted on social media by a fellow passenger created an immediate, expensive, and well-publicized reputational nightmare. Following the Dao incident, United’s CEO Oscar Munoz quickly and accurately identified the problem as a systems failure, not an employee failure. Munoz was required to appear before Congress and explain this failure, along with the changes United would implement to help prevent such incidents. The impact of social media on the dispute resolution process offers conflict management lawyers rewarding opportunities. The United admission that there was a systems failure illustrates that opportunity. Conflict management lawyers will need to be systems and best practices focused so that even the apparently insignificant and unanticipated incident can be managed before social media elevates it to a reputational crisis. Businesses that ignore a systems approach to conflict management and deal with disputes on an ad hoc basis only after they arise may find social media an unmanageable force. HN Frank Broyles, of the Law Ofﬁce of Frank L Broyles, can be reached at frank.broyles@utexas.edu.

Guida, Slavich & Flores, P.C. provides legal representation to business and individuals in the planning, strategysetting and execution of their business

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Jul y 2 0 1 7

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

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

Jul y 2017

2017 DBA 100 CLUB - WE WANT YOU! What is the DBA 100 Club? The DBA 100 Club is a distinguished membership recognition category that consists of Firms, Law Schools, Organizations and Government agencies with two or more attorneys as well as corporate legal departments that have 100% membership in the DBA. Recognition is FREE and given to the 2017 DBA 100 Club members in our June, July and August Headnotes and at our Annual meeting in November. Please note that the DBA 100 Club is FREE recognition and open for renewal annually. We do not automatically renew an organization’s membership due to changes in attorney rosters each year. Do you see your name on the list? If not, you need to GET ON THE LIST! To become a 2017 DBA 100 Club member, please submit your request via email and include a list of all lawyers in your Dallas office to Kim Watson, kwatson@dallasbar.org. We will verify your list with our membership records and if you qualify, your firm will be added to the 2017 DBA 100 Club! If we receive your list by July 6th, your firm will be included on the August DBA 100 Club recognition list in Headnotes.

Send in your list TODAY! DBA 100 Club Members as of June 9, 2017 Law Firms with 2 to 5 Attorneys A. William Arnold III & Associates, P.C. Ackerman & Ramos, L.L.P. Adair, Morris & Osborn, P.C. Addison Law Firm P.C. Aldous \ Walker Alexander Dubose Jefferson & Townsend LLP Altaffer & Chen PLLC Anderson & Brocious P.C. Anderson Beakley, PLLC Andrews & Barth, PC Ashcraft Law Firm Atwood Gameros LLP Bisignano Harrison Neuhoff LLP Blackwell & Duncan, PLLC Blankenship, Wiland & O’Connor, P.C. ByrdAdatto Calabrese Budner LLP Calloway Norris Burdette Weber & Baxter-Thompson, PLLC Campbell & Associates Law Firm, P.C. Carlock & Gormley Chen Dotson, PLLC Christiansen Davis LLC Clark Law Firm Clark, Malouf & White, LLC Coffin & Bailey, PLLC Cox Bower, LLP Curtis Law Group Darrell W. Cook & Associates PC Davenport & Epstein, P.C. Davis Stephenson, PLLC Duke Seth, PLLC Dunn Sheehan LLP Edison, McDowell & Hetherington LLP Edwards & de la Cerda, L.L.C. Elliott Thomason & Gibson, LLP Espinar Law, PLLC Fisher & Welch, P.C. Franklin Hayward LLP

Fuller Mediations Gauntt, Koen, Binney, Woodall & Kidd, LLP Gillespie Sanford LLP Grogan & Brawner P.C. Gunnstaks Law Office Hamilton & Squibb, LLP Hance Law Group Hollingsworth Walker Horton & Archibald, P.C. Hunter & Kalinke Iola Galerston, LLP Jenkins & Watkins Johnston Tobey Baruch, P.C. Kabani & Kabani, PLLC Kellett & Bartholow PLLC Kendall Law Group, LLP Kennedy Law, L.L.P. Kinser & Bates, L.L.P. Kizzia Johnson PLLC Koning Rubarts LLP Koons Real Estate Law Langley LLP Law Office of Andrew & Mark Cohn Law Offices of Maduforo & Osimiri Law Offices of Otstott & Jamison Law Offices of Richard A. Gump, Jr., P.C. Law Offices of Terrence G. Turzinski, P.C. Lawrence Law PLLC Lee & Braziel, LLP Lemons & Hallbauer, LLC Letteer & Mock, P.C. Lidji Dorey & Hooper Lira Bravo Law, PLLC Little Pedersen Fankhauser LLP Madson Castello, PLLC Mahomes Bolden PC Malouf & Nockels LLP Marshall & Kellow, LLP McTaggart & Beasley, PLLC Mincey-Carter, PC MKim Legal Mullin Hoard & Brown, L.L.P. Prager & Miller, P.C.

Quaid Farish, LLC Raggio & Raggio, P.L.L.C. RegitzMauck PLLC Richardson Koudelka, LLP Rose Walker, L.L.P. Rosenberg Paschall Johnson LLP Russell & Wright, PLLC Sawicki Law Seltzer Chadwick Soefje PLLC Sheils Winnubst, PC Simon | Paschal PLLC Smith, Stern, Friedman & Nelms, P.C. Spencer Law, P.C. Taherzadeh, PLLC Talcott Franklin PC The Bhatti Law Firm, PLLC The Holmes Law Firm The Korn Diaz Firm, LLP The Perrin Law Firm The Pettit Law Firm The Vermillion Law Firm, LLC Theirl Wilson PLLC Thomas, Cinclair & Beuttenmuller, PC Turton & Pinkerton, PLLC Walker & Long Winn, Beaudry & Winn, L.L.P. Wolfish & Newman, P.C. Woolley <> Wilson, LLP. Yarbrough & Elliott, P.C. Law Firms with 6 or More Attorneys Baker Botts, L.L.P. Bell Nunnally & Martin LLP Bragalone Conroy PC Brousseau Naftis & Massingill Brown Fox PLLC Burdette & Rice, PLLC Burford & Ryburn, L.L.P. Canterbury, Gooch, Surratt, Shapiro, Stein & Gaswirth, P.C. Carrington, Coleman, Sloman & Blumenthal, L.L.P. Carstens & Cahoon, LLP Carter Scholer PLLC Cobb Martinez Woodward PLLC

Connatser Family Law Cooper & Scully, P.C. Cowles & Thompson, P.C. Crain Lewis Brogdon, LLP Cunningham Swaim Cutler-Smith, P.C. Diamond McCarthy Duffee + Eitzen LLP Estes Thorne & Carr PLLC Fee, Smith, Sharp & Vitullo, L.L.P. Figari & Davenport, L.L.P Fletcher, Farley, Shipman & Salinas, LLP Fox Rothschild LLP Godwin Bowman & Martinez PC Griffith Bates Champion & Harper LLP Guida, Slavich & Flores, P.C. Hall Render Killian Heath & Lyman Hankinson LLP Hedrick Kring, PLLC Hiersche, Hayward, Drakeley & Urbach, P.C. Higier Allen Lautin, P.C. Hoge & Gameros, L.L.P. Jones Carr McGoldrick L.L.P. Jordan Cresswell Monk Reber, PC Kessler Collins, P.C. Key Harrington Barnes PC KoonsFuller Lynn Pinker Cox & Hurst, LLP Macdonald Devin, P.C. Malouf Nakos Jackson & Swinson, P.C. McCathern, PLLC McGuire, Craddock & Strother, P.C. McKool Smith P.C. Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P. Mullin Law, PC Passman & Jones, P.C. Peckar & Abramson, P.C. Sargent Law, P.C. Sayles Werbner, P.C. Staubus & Randall, L.L.P.

Stuber Cooper Voge, PLLC The Hartnett Law Firm Thiebaud Remington Thornton Bailey LLP Thompson & Knight LLP Tollefson Bradley Mitchell & Melendi, LLP Touchstone Bernays Verner Brumley Mueller & Parker, PC Vincent Serafino Geary Waddell Jenevein, P.C. Vinson & Elkins LLP Winstead PC Zelle LLP Corporate Legal Departments Alon USA Energy Inc. Austin Industries, Inc. Borden Dairy Company Buckner International Capital Senior Living, Inc. Compatriot Capitol Inc. Dunhill Partners, Inc. Front Burner Restaurants, LP Gaedeke Group HighGround Advisors Klein Tools, Inc. LALA U.S., Inc. Neuberger Berman PrimeLending, a PlainsCapital Company Tenaska, Inc. Government Agencies, Law Schools & Organizations City of Irving Dallas Baptist University Dallas County Probate Court DII Industries, LLC Asbestos PI Trust Mosaic Family Services Inc. UNT Dallas College of Law Special Recognition Students of the UNT Dallas College of Law

Charla G. Aldous: 2017 Trial Lawyer of the Year continued from page 1 and notably for her accomplishments in the fields of personal injury and medical malpractice. Aldous is active in numerous trial advocacy organizations. Many of her cases have attracted media attention which no doubt helped Fox TV producers decide to reach out to Aldous recently to participate in a reality court show called “You the Jury”. “I thought it was a joke at first,” Aldous said, “but my media representative replied to them, and it was the real deal. The next thing I knew, I was in Los Angeles working on the set.” There, Aldous and several other high-profile attorneys, including Jose Baez, Benjamin L. Crump, Mike Cavalluzzi, and Joe Tacopina, with Fox News anchor Jeanine Pirro serving as host, conducted special on-air trials regarding real disputes.

Studio audience members—as well as TV audiences—would decide the cases by voting. “We put in long days and worked very hard,” Aldous noted, and she laughed when pointing out that it was like nothing she had ever done before. Unfortunately, the show was cancelled after just two airings in April 2017. “I consider myself very fortunate,” Aldous says. “I’ve been able to make a living, support my family, all while helping people. I am very fortunate.” The key to her successful practice, Aldous said, is being passionate about her work. Congratulations to Charla Aldous, recipient of the Dallas Bar Association’s Trial Lawyer of the Year award. HN Andrew M Jones is Senior Legal Counsel at MoneyGram International, Inc. and is Co- Vice Chair of the DBA Publications Committee. He can be contacted at ajonesmoneygram.com.

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Focus

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

ADR & Collaborative Law

Ten Underutilized Tools for Mediation Success BY CORBET F. BRYANT, JR.

Sometimes attorneys are unaware or mistakenly dismissive of effective steps to accomplish their clients’ goals in mediation. Here are 10 tools worthy of more consideration. 1. Educate the Mediator Earlier. Mediators prefer hitting the ground running on mediation day. Advance mediation position papers assist that. Too many attorneys deliver position papers late on the prior day or fail to submit one. Do not give your position paper low priority. You better serve your client by providing the mediator an early chance to absorb the issues. 2. Pre-Mediation Issue Elimination. Consider whether there are fact disputes that can be eliminated prior to mediation. A prime candidate is damage calculations. You may still disagree with the opponent’s theory of damages while checking its math calculations. That will save time on mediation day when the mediator tries to isolate the true disagreements. 3. Avoid Markers of Disrespect. Some acts unnecessarily aggravate opponents. One is revealing during the mediation that your representative must leave early. Communicate schedule modifications prior to mediation. Another irritant is using an obviously powerless representative. Sending the assistant mail clerk also sends an unserious message. Communicating that a party “never” settles beyond a certain monetary level announces the party is not willing to evaluate appropriately the case at hand. 4. Do Not Unthinkingly Forego Joint Opening Sessions. Joint opening sessions

are sometimes skipped for good reasons. However, too many attorneys reflexively waive that valuable opportunity. Attorneys speaking there have four audiences: client, opposing party, opposing attorney, and mediator. The most important is the opposing party. It is the only ethical chance during litigation to speak directly to the opposite party unfiltered by opposing counsel. Also, the session offers important observation opportunities: the body language of the opponents, the content and tenor of the opposing attorney’s presentation, and the relationship between the opposing party and attorney. 5. Letting Your Client Speak. Most attorneys would never permit their clients to speak during a joint session and many heavily restrict clients’ interaction with the mediator. Counterintuitively, in some circumstances a client’s heartfelt description of the client’s experience can be the strongest persuader of the other side. The speech must be unscripted and unrehearsed. The mediator must build a relationship with your client to get a resolution. Do not put roadblocks in the communications path between them. 6. Do Not Reverse Course on Offers. Occasionally a mediation begins with a party’s first offer being worse than its last offer before the mediation. The adverse effect in the other room is predictable. There is always a colorable justification. It is tough for the mediation to proceed. Avoid such deadly offers if at all possible. 7. Holding Back Your Aces. Litigators understandably become very possessive of their best cross-examination points as trial approaches. It is painful to share them with the mediator for use in the other room.

Clinging to strong points the other side has not yet fully appreciated diminishes the odds of a settlement. If you respect the mediator’s judgment and integrity, consider sharing your strongest points earlier rather than later and invest the mediator with discretion on their use. 8. Reciprocate Major Moves. During the mediation, the mediator is likely urging the parties at times to make more substantial moves. If the other side follows modest moves with a major move, do not continue your side’s series of modest responses. That would probably stimulate a claw-back reaction plus undercut the mediator’s influence. You certainly do not need to match major moves dollar for dollar, but a repetition of your prior move will harm the progress of the mediation. 9. Bring Collectability Issue Supporting Documents. If your defendant client is intending to “plead poverty,” bring

supportive documents to the mediation. Do not expect the other side to accept your client’s word. Financial documents created when your client’s incentive was to paint a rosy picture are the most persuasive proof. Also, honesty with the mediator in this area is crucial. Do not get the mediator to go to bat for you on assets based on information your client knows to be false. 10. Lawyer to Lawyer Meetings. Sometimes late in the negotiation, a side conveys non-negotiable points that are not accepted in the other room as legitimate. An impasse seems unavoidable. The best solution may be a direct discussion between the opposing lawyers with or without the mediator. Quite often the sincerity of the opponent on the crucial point can then be accepted and the issue solved. HN Corbet F. Bryant, Jr. is of counsel at Carrington, Coleman, Sloman & Blumenthal, L.L.P. He can be reached at cbryant@ccsb.com.

Spanish for Lawyers: Sign Up Now! 10-Week Course Fall 2017 | Cost: $180 August 29 – October 31 Levels: Beginning, Intermediate/Advanced, and High Beginning/Low Intermediate For more information, contact Grecia Alfaro at galfaro@dallasbar.org or (214) 220-7447

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

Jul y 2017

BAR NONE XXXII Once again, Bar None’s cast revealed that their abilities extend beyond the practice of law. Celebrating their 32nd year, Bar None XXXII: Law Law Land provided an uproarious performance! Led by show director Martha Hardwick Hofmeister, choreographer Rhonda Hunter, and producer Tom Mighell, the show played for four nights in June, and thanks to the Dallas Bar Foundation and these hard-working singers, dancers and actors, more than $1.5 million has been contributed to the Sarah T. Hughes Diversity Scholarships, benefitting nearly 50 law students since 1986. For more information, visit www.barnoneshow.com. Photo credits: Scott Alden.

Thank You, Bar None Sponsors! On behalf of the Sarah T. Hughes Diversity Scholarship, the Dallas Bar Foundation salutes and thanks the following sponsors of Bar None XXXII. Their generous contributions not only benefit the scholarships, but they made this year’s show possible.

Mogul: Carter Scholer PLLC

Producers: Kastl Law, P.C. • Paragon Digital Imaging Company • Platinum Point Media • Sarah T. Hughes Alumni Scholars

Directors: Ben Abbott & Associates • Burdin Mediations • DBA Business Litigation Section • DBA Corporate Counsel Section • ExxonMobil • Farrow-Gillespie & Heath, LLP • Haynes and Boone, LLP • Shackelford, Bowen, McKinley & Norton, LLP

Stars: Altrusa Int’l of Downtonw Dallas, Inc. • Brown & Hofmeister, LLP • Cooper & Scully, P.C. • Cowles & Thompson, P.C. • Crockett, McBride & Associates • DBA Mergers & Acquisitions Section • DBA Trial Skills Section • Federal Bar Association • File & ServeXpress • Hance Law Group • Hunt & Williams LLP • Jackson Walker, LLP • Jones Day • Juvenile Division, Dallas County District Attorney • Millenium Settlement Consulting • Siemens PLM Software • Waters Kraus & Paul • William “Mac” Taylor American Inn of Court

Jul y 2 0 1 7

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

LAW LAW LAND

This O d Dog Happens To Know A Few Tricks. Rely on a trial lawyer with 45 years of experience and 175 trials. When your case needs to be mediated, call Al Ellis, a trial lawyer who has the experience to help you creatively resolve any dispute. His vast experience in the courtroom gives him comprehensive insight that allows him to understand the diﬀerent perspectives of each case. Al is one of only 500 U.S. members of the International Academy of Trial Lawyers, a former President of the Dallas Bar Association, and the recipient of the Morris Harrell Professionalism Award — evidence that he has earned the respect of peers on both sides of the docket. Once Al gets his teeth into a case, he won’t let go, working tirelessly until he negotiates a fair, mutually agreeable deal. When it’s time for mediation, there’s no one better to have at your side. Voted one of D Magazine’s Best Lawyers of 2015 for Alternative Dispute/Mediation

AL ELLIS

T R I A L L AW Y E R / M E D I AT O R Sommerman, McCaﬃty & Quesada, LLP 214.720.0720 | Dallas, TX al@textrial.com

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

FOCUS

Jul y 2017

ADR & Collaborative Law

Appellate Mediation vs. Pre-Trial Mediation BY LANCE CAUGHFIELD

Most litigators have faced this scenario: the jury is still wrestling with the verdict after several hours (or days) and tensions are high. The parties are nervously discussing settlement when the bailiff walks out and tells you the jury has reached a verdict. You urgently whisper to your client that may be their last chance to settle, because once the verdict is read, the opportunity is gone. Except, of course, it is not. The Fifth Circuit and some Texas intermediate courts of appeal encourage mediation through court programs for a reason: mediation works after judgment, too. However, for a mediation on appeal to be successful, you have to understand how the world has changed since the jury checked those boxes, and that opportunities for settlement not only still exist, but may be enhanced.

There are New Obstacles Entrenchment. The winning party feels vindicated by the verdict. The losing party is convinced that there was error that will require reversal. In the early stages, neither party may be willing to budge. Sunken Costs. Significant funds have been spent in reaching this point. Litigation is expensive, particularly litigation through trial. This often results in further resistance to settlement, as the winning party sees these funds as having earned the result, and

the losing party sees them as a reason to continue the fight.

These Obstacles are Opportunities Risk Remains. According to the Office of Court Administration, most appeals are resolved by dismissal, presumably most often by agreement of the parties. Of those appeals that continue to resolution, approximately 35 percent are reversed. While these odds change based on the type of case and issue on appeal, there is globally a 1-in-3 chance that the verdict someone is so proud of will be undone. Costs Continue to Mount. Appeals are expensive. The costs of record preparation, supersedeas bonds, and attorneys’ fees often surprise clients. And if the case is remanded, the costs of taking the case to trial are expended again. Appeals are Lengthy. Appeals from final judgment generally take anywhere from 1-3 years (or longer) to complete. This passage of time effects both the time value of the monetary award, interest on the judgment, potential changes in the law, and even the solvency of the parties. If a case is remanded, the clock starts over. Keep Control. One of the greatest advantages of a settlement agreement is that it permits the parties to come up with their own solutions. Once the appeal is completed, the final chapter on the dispute has been written by the courts, not the parties.

How to Adjust Your Thinking The Case is Simpler. The world of possibilities is significantly smaller, and the issues are largely legal, removing much of the emotion. Experienced appellate attorneys will be able to assist you in understanding the risks associated with your specific issues on appeal, and you will be able to evaluate your risks at a much more precise level than you ever could before trial. The Timing has Changed. The verdict is no longer the goal. Now there are post-judgment motions, entry of judgment, and the eventual appeal(s). Depending on the type of case, it might be wise to mediate before entry of judgment (for instance, in large punitive damage cases that may be reduced at that level, when posting a full supersedeas bond will be difficult, or when business reasons make formal entry of judgment undesirable), or after briefing on the merits (in complex cases where the legal analysis will help

provide some clarity and the amount at issue justifies the expense). Any Coverage has Changed. Before the verdict, insurance coverage for defense costs (if any) was determined by looking at the pleading, with all its possibilities, and the policy. Now that a verdict is in place, coverage is determined by the verdict (or judgment) and the policy. This change in the landscape can often make settlement more attractive. New Specialists Are Required. Just as the mediation as changed, so should you consider a change in mediators and use of appellate counsel. A successful appellate mediator is often more evaluative and understands the rates of reversal and standards of review for the issues at play, while still being creative in seeking a solution. Appellate counsel can HN help evaluate the new risks. Lance Caughfield is a partner with the firm of Baker|Moran. He can be reached at lcaughfield@bakermoran.com.

LOOKING FOR A JOB? NEED TO POST A JOB OPENING? VISIT THE DBA’S ONLINE CAREER CENTER The DBA’s Online Career Center is a great resource for attorneys and legal professionals! Jobseekers can search jobs, post their resume, request a resume critique, and set up email alerts. Employers can post job openings as well as search resumes to find the right candidate! Log on to www.dallasbar.org/career-center to get started.

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.

is pleased to announce the addition of its newest members Brady D. Williams & R. Matthew Graham

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

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

FOCUS

Jul y 2017

ADR & Collaborative Law

When Conﬁdentiality in Mediations Doesn’t Always Hold Up BY LUIS G. ZAMBRANO

It is an article of faith that discussions during the mediation of state-court disputes, and the conduct of the parties during such mediation, are strictly confidential under the Texas ADR Act, codified as Texas Civil Practices & Remedies Code § 154.073. The statute itself has strong language regarding the confidentiality of various forms of alternative dispute resolution, including mediation. And yet, Texas courts have allowed for discovery and evidence of mediationand arbitration-related communications, notwithstanding the Texas ADR Act’s language, that can affect practitioners and clients. Subsections (a) and (b) of Section 154.073 generally provide that mediation communications may not be used as evidence against the participant in any judicial or administrative proceeding,

and neither the participants nor the mediator may be required to testify in any proceedings relating to or arising out of the matter in dispute. These provisions are subject to Subsections (c) through (g), which set forth certain enumerated statutory exceptions to confidentiality. Separately, Section 154.053 states that all matters, including the conduct and demeanor of the parties and their counsel, are confidential and “may never be disclosed to anyone, including the appointing court.” Notwithstanding the broad language of the Texas ADR Act’s confidentiality provisions, there are circumstances under which confidential discussions might be subject to disclosure under statute and case law. For example, the Texas ADR Act has a mechanism under Section 154.073(e) under which a court can review the material in camera and deter-

CHRISTMAS Friday, July 21, 2017 9:00 a.m. to 12:00 p.m.

Donation drop off at the Belo Mansion 2101 Ross Avenue Needed items include: school supplies, household items, food and clothing. 4QPOTPSFE by: The DBA Community Involvement CommitteF

mine whether or not certain materials

can be subject to disclosure or produced under a protective order. Moreover, mediations cannot be used to create a blanket protection for materials that are independently discoverable. Beyond the statutory exceptions, courts have identified other circumstances in which the mediation confidentiality rule might not apply. For example, confidentiality may not apply when a mediation participant alleges an independent cause of action that arises out of the mediation but is unrelated to the underlying claims. Avary v. Bank of Am., N.A., 72 S.W.3d 779, 798-99 (Tex. App.—Dallas 2002, pet. denied). Notably, the Dallas Court of Appeals also disfavored blanket prohibitions on discovery directed to third-party mediation participants, including attorneys, even if such third parties did not themselves owe any duties to the plaintiff. Id. at 802. Disclosure of confidential arbitration or mediation evidence may be also warranted when a party proposes to offer evidence in a separate case against a separate party to prove a claim that is legally and factually unrelated to the arbitration or mediation claims. Knapp v. Wilson N. Jones Mem’l Hosp., 281 S.W.3d 163, 172 (Tex. App.—Dallas, no pet.). Such evidence cannot, however, be used to establish any additional liability on the part of the defendant or seek additional funds once the dispute has been resolved. Id. These cases balance the public policy supporting arbitration and the peaceable resolution of disputes against an “equally important” public policy to preserve significant and well-established procedural and substantive rights. Moreover, the Texas ADR Act’s confidentiality rules may not prevent a

party from bringing a suit for breach of a mediation agreement or from putting forward evidence supporting a defense to such a contract. Randle v. Mid Gulf, Inc., No. 14-95-01292-CV, 1996 WL 447954, at *1 (Tex. App.—Houston [14th Dist.] Aug. 8, 1996, writ denied); Hur v. City of Mesquite, 893 S.W.3d 227, 234 (Tex. App.—Amarillo 1995, writ denied). The Dallas Court of Appeals, while declining to extend this type of rationale to enforcement of settlement agreements, nevertheless applied the offensive-use doctrine in connection with assertions of privilege to conclude that a party bringing an independent claim for legal malpractice in connection with a settlement could not then exclude testimony from the mediator offered as a defense. Alford v. Bryant, 137 S.W.3d 916, 922 (Tex. App.— Dallas 2004, pet. denied). Texas case law raises several important considerations and potential pitfalls for clients and lawyers in mediation. First, if a party files suit to enforce a mediated settlement agreement, it risks waiving confidentiality as to the negotiation of the agreement and potential defenses. Second, if a party asserts a claim alleging an independent cause of action arising from the mediation, that party cannot then use the confidentiality provisions of the Texas ADR Act to prevent disclosure. Finally, attorneys and parties who may have independent legal duties to mediation participants should exercise caution to avoid being subject to discovery. HN Luis G. Zambrano is a Partner at Estes, Thorne & Carr and can be reached at lzambrano@estesthornecarr.com.

Don’t miss your opportunity to advertise (print & online) in the #1 “Legal Resource & Expert Witness Guide” in Dallas County. Contact PJ Hines at (214) 597-5920 or pjhines@legaldirectories.com

Photo by Dennis Drenner for the American Red Cross

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

Deep in the heart of giving™

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

Create your fund today.

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

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

Left to right: DAWN RYAN BUDNER, CARLA M. CALABRESE, LAUREN S. HARRIS, & ASHLEY JONES

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ADR & Collaborative Law

The Additional Benefits of Community-Based Mediation BY AKBAR KABANI

A community can be based on a common culture, faith, geography, industry, affinity, or cause. When a sense of cohesion ties people together in a community, such a community has a strong interest in preserving this cohesion. However, as amongst all groups of people, disputes arise between members of even the most closely-knit communities. Fortunately, assorted dispute resolution processes can address specific nuances of these disputes. ADR, in particular, can have a very positive impact in resolving a dispute within a community while maintaining or even enhancing community cohesion. In addition, resolving a dispute through an ADR body within the community can be more beneficial for the disputants than resolving the dispute through other means.

Using an ADR body within a cohesive community provides several unique benefits. First, members of cohesive communities are often encouraged to amicably resolve their disputes with each other sooner rather than later. In light of a communityâ&#x20AC;&#x2122;s interest in the well-being of its members and in the membersâ&#x20AC;&#x2122; sense of belonging within the community, the early resolution of disputes is a significant attribute of close-knit communities because it limits the anxiety and hostility that generally increase as a dispute progresses. One illustration of an ADR body within a cohesive community is the Aga Khan Conciliation and Arbitration Board (CAB), which assists members of the Ismaili Muslim community in resolving commercial and family disputes. As a result of CABâ&#x20AC;&#x2122;s efforts to spread awareness

South Dallas Clinic Presents: â&#x20AC;&#x153;Confronting Challenges to the Profession: Tools for Attorneys to Battle Depression, Substance Use Disorder and the Rising Rate of Suicidesâ&#x20AC;? Speakers: David Baker and Brian Farlow Ethics 1.00 | Thursday, July 20, Noon UNT Dallas (7400 University Hills Blvd., DAL 1, Room #262) Park in lot in front of 7400 University Hills Blvd RSVP to yhinojos@dallasbar.org.

in the Ismaili Muslim community about the advantages of mediation (including the impartiality, confidentiality, cost efficiency, and voluntary nature of the mediation process), a large majority of disputes come to CAB without prior litigation. While some cases require formal discovery before mediation can be employed, a large number of early-stage cases can be successfully resolved through voluntary mediation. Skilled mediators can facilitate the exchange of documents and other information between parties without the added expense involved in formal discovery. Second, the mediator in a community-based ADR organization will have a good understanding of the common element between the parties that ties them together as part of the same community. In mediation, such insight by a mediator allows him/her to more easily incorporate communal aspects into the mediation process, thereby helping the parties consider and explore a more holistic approach to resolving their conflict. In CAB, for instance, the mediatorsâ&#x20AC;&#x2122; understanding of the Ismaili communityâ&#x20AC;&#x2122;s social fabric, as well as of the values espoused by the community, helps parties reflect on the probability, or sometimes even the necessity, of their future interactions with each other and consequently on their relationships with each other even beyond their business or family structures. Such reflection makes it possible for parties to assess more holistically what outcomes are in their best interests. Third, a cohesive communityâ&#x20AC;&#x2122;s ADR organization will likely focus on initiating a restorative healing process for parties. Given a communityâ&#x20AC;&#x2122;s interest in the

well-being of its members, a close-knit communityâ&#x20AC;&#x2122;s ADR organization would likely give special attention not only to resolving disputes between its members but also to assisting them in beginning to heal from the pain that they have experienced. CAB, for instance, refers to this healing component as part of its â&#x20AC;&#x153;bandaging the woundsâ&#x20AC;? approach, in which particular attention is given to demonstrating empathy, assisting parents in considering the needs of non-party children, conducting forward-looking endof-mediation sessions, following up with the parties post-mediation, assisting parties in identifying self-help resources, and assisting parties in connecting with organizations that deliver economic support services, physical and mental health services, and social welfare services. While resolving the dispute itself can impact tangible issues for parties and help them to close the chapter on a difficult experience in their lives, adding a focus on restorative healing sets the parties and their families on a path toward rebuilding their lives and returning to harmony. When clients who are part of a cohesive community find themselves in a dispute with another member of that community, find out if the community has a relationship with an ADR organization. After some diligence, if you and your client are satisfied with the quality of service offered by that ADR organization, opting for ADR services through the communityâ&#x20AC;&#x2122;s organization could result in numerous unique benefits for your client. HN Akbar Kabani serves as the Vice-Chair of the DBAâ&#x20AC;&#x2122;s ADR Section and a member of the Aga Khan Conciliation and Arbitration Board. He can be reached at akbar@kabanilaw.com.

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Jul y 2 0 1 7

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

TEXAS CHAPTER The The Academy Academy is is pleased pleased to to recognize recognize our our Dallas Dallas Metro-Area Metro-Area Members Members for for

Excellence in the field of Alternative Dispute Resolution

Jeff Abrams

Hon. Ted Akin

Corbet Bryant Jr.

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(972) 702-9066

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(214) 653-4360

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(214) 528-1411

(972) 764-4300

(214) 528-1411

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Check Check preferred preferred available available dates dates or or schedule schedule appointments appointments online online with with Texas’ Texas’top top litigator-rated litigator-rated neutrals neutrals www.TexasNeutrals.org www.TexasNeutrals.orgisisaafree freeservice, service,funded fundedby byour our60 60members. members.

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

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Jul y 2017

ADR & Collaborative Law

Opportunities for Mediators in the Collaborative Process BY LAWRENCE R. MAXWELL, JR.

Disputing parties typically want to resolve their dispute quickly, control the outcome, avoid litigation and discovery battles, control costs and scheduling, maintain relationships, and avoid publicity. Mediation and the collaborative dispute resolution process (commonly known as “Collaborative Law”) are processes that parties can use to meet these goals. Both processes focus on assisting parties in settling a dispute before it is submitted to a court, arbitrator, or other adjudicatory tribunal. For years, mediation has been the Alternative Disputer Resolution (ADR) process of choice for resolving disputes arising in all areas of civil law. Collaborative Law is a relatively new kid on the block, having its roots in family law. The process is now being used for resolving disputes arising in many areas of civil law, and is particularly helpful when maintaining ongoing relationships is important. The processes are similar in some respects. Settlement negotiations are confidential; and depending on the timing of the use of the process, disputes can be resolved quickly and economically. The processes differ in some respects, however, both processes can save time and money and people.

Mediation A mediator is a third-party neutral engaged voluntarily by the parties, or appointed by court order, to facilitate

communication and assist the parties in developing a mutually acceptable settlement. The parties may or may not be represented by counsel. Negotiations can be adversarial and employ positional bargaining, or interest based and focus on the concerns of the parties. A mediator has no mechanism for requiring the production of relevant information. The parties may or may not engage in face to face meetings. Mediation is usually a one day event, that occurs just before trial, after expensive and time consuming discovery is completed. The parties have spent lots of money and time, and may be more adversarial than they were at the outset. Ongoing relationships may or may not be preserved.

Collaborative Law The collaborative process is a structured, voluntary process, and cannot be court ordered. The process is designed for early intervention, to be used instead of litigation (although the parties do not waive their right to go to court if they are unable to reach a settlement). All parties are represented by collaboratively trained lawyers, who serve as dedicated settlement counsel. The parties, after being fully informed of the benefits and risks of the process, enter into a contract (Participation Agreement), which serves as a road map as the parties work through the steps in the process to resolve the dispute. The parties and their lawyers

engage in face to face meetings. Relevant information and documents are voluntarily produced, and should experts be needed, the parties may jointly engage mutually agreed-upon experts. Negotiations in the collaborative process are always interest-based, seeking to arrive at a settlement that meets as many of the goals, interests, and concerns of all parties as possible.

Mediating in the Collaborative Process Mediators trained in the collaborative process and knowledgeable about interest based negotiations can work in the process in several ways as third party neutrals. The parties and the lawyers should be involved in the selection of a mediator, and the mediator’s role should be clearly defined at the outset. At the beginning of the process, a mediator can serve as a facilitator or case manager. Having a facilitator at the outset is particularly helpful when there is a significant power imbalance among the parties. There may be cultural and

language differences among the parties, and a suitable mediator can build bridges. A mediator can help control fees and time to resolution. As the process progresses, a mediator can be helpful in managing specific issues, such as information disclosure. A mediator can keep all parties on track and following the steps in the process. Issues may arise regarding the need for retaining experts, and if it is determined that an expert would be helpful, a mediator can assist in selecting a mutually agreeable one. When a party has unrealistic expectations and reality testing is needed, a mediator can more easily ask “Why?” questions than can a collaborative lawyer. A mediator can speak to all parties in confidence about their assessment of the situation and barriers to resolution. If the parties are approaching impasse in their negotiations, experience has shown that having a skilled third party neutral in the room adds a new dimension, and the parties may very well quit the dithering, and focus on reaching a resolution. HN Larry Maxwell is a collaborative lawyer, mediator and arbitrator. He can be reached at lmaxwell@adr-attorney.com.

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As part of our strategy of Working Smarter, we’ve moved to Westlake (and don’t miss the traffic). If you are interested in what we are doing and want to be a part of it, contact us by e-mail at bbains@l-llp.com. 1301 Solana Boulevard Bldg. 1, Suite 1545 Westlake, TX 76262

Jul y 2 0 1 7

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

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

Jul y 2017

Need to Protect Sensitive Data? Get it Out of Your Ofﬁce. BY AMY MANN

When people think of high-profile hacks, their minds do not usually drift to the legal world. However, recent security breaches at several large firms, including Cravath, Swaine & Moore LLP, and Weil, Gotshal & Manges LLP, have highlighted the vulnerabilities law firms face. In fact, after one such event, Manhattan U.S. Attorney Preet Bharara said the incident “should serve as a wake-up call for law firms around the world: you are and will be targets of cyber hacking, because you have information valuable to would-be criminals.” With the speed at which technology is advancing, most firms do not have the

time, money, or personnel bandwidth necessary to keep up, leaving their internal systems out-of-date and vulnerable to attack. But does this mean all lawyers need to immediately become cybersecurity experts in order to protect the valuable information in their office? Not at all.

Trust Sensitive Information to the Professionals Protecting sensitive data is actually simple for attorneys to do, and in most cases, requires nothing more than getting that information out of their office and into the hands of a trusted vendor that has security expertise. According to Jason Anders, CEO of Amazon Web Services, “What’s

Minority Clerkship Luncheon Learn about the broad range of opportunities in Dallas. Friday, July 7, Noon at Belo Speakers: Hon. Hector Garza, 195th Judicial District Court, Moderator Angelina LaPenotiere, DHBA President, Fannie Mae Paul Simon, DAYL President, Simon | Paschal PLLC Andrew Spaniol, DAABA Treasurer, Bryan Cave LLP Dena Stroh, DWLA President, North Texas Tollway Authority Tramaine Tinner, JLTLA President, Fairway Independent Mortgage Corp. RSVP to bavina@dallasbar.org.

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happened over the last three to four years is that most companies have figured out that they can have a much stronger security posture in AWS and the cloud than they can on-premises, because we’re able to employ a lot more people to focus on security.” He added that companies that focus on providing cloud-based services are also able to do so with greater agility and at a lower cost than most businesses can manage in-house.

Limit Your Liability Moving sensitive data out of your office not only provides you with greater security and protection, but also frees you of the responsibility to protect that information. Think about it—

hackers cannot steal something from your firm if it is not there to steal in the first place. If you keep information like client credit card numbers stored on your computer, you are responsible for protecting that data, and you are liable if something happens to it. But if you trust this information to a secure partner, the liability goes with it. So why burden yourself with the liability and stress of maintaining a secure system? Let someone who is an expert in cybersecurity protect your firm’s sensitive information, and rest secure knowing your firm will not become the next cautionary tale. For more information about Lawpay visit https://lawpay. com/dallasbar or call (866) 376-0950.

The Dallas Bar Association 34th Annual Stephen Philbin Awards Luncheon Friday, October 13, 2017 Noon at the Belo Mansion Tickets: $45 ($450 for tables of 10) Purchase tickets by 9/22 to receive the early bird rate.

Direct ticket inquiries to Judi Smalling at jsmalling@dallasbar.org

Keynote Speaker David McCraw The New York Times

Recognizing Excellence in Legal Reporting

U.S. News and World Report’s Best Lawyers named Mark Lanier to its Best Lawyers in America.

$9 Billion Pharmaceutical Award Trial Lawyer Magazine’s names Lanier one of America’s 100 Most Inﬂuential Trial Lawyers of 2011

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Health Law and Healthcare Litigation

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Jul y 2 0 1 7

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

Itâ&#x20AC;&#x2122;s Our Anniversary! This Independence Day has special meaning to our firm. We have doubled in size and are celebrating our first year anniversary. Thank you to all the attorneys in Texas, Louisiana, and across the country who refer personal injury cases to our firm. - Ramez F. Shamieh

1111 W. Mockingbird Lane #1160 Dallas, TX 75247 (214) 389-7333 www.shamiehlaw.com

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

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In the News

July

KUDOS

has been granted provisional approva l for accreditat i on

June 3, 2017 by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association

Stephanie Smiley and Steven Walkowiak, of Greenberg Traurig LLP, have been elevated to Shareholder. Kimberly Mabel, Elliot Strader, and Luke Wohlford, of Gardere Wynne Sewell LLP, have been named as Partners. Bill Mateja, of Polsinelli PC, was selected as a recipient of the Texas Tech University School of Law’s 2016 Distinguished Alumni Award. M. Scott Barnard, of Akin, Gump, Strauss, Hauer & Feld, L.L.P., has been named Partner in Charge of the firm’s Dallas office. Quentin Brogdon, of Crain Lewis Brogdon, LLP, was inducted into the International Academy of Trial Lawyers. He also received the State Bar of Texas CLE Program’s Standing Ovation Award for contributions to the State Bar’s CLE program. Edward V. Smith III, of Stephens-Guthrie, PLLC, received the Outstanding Fifty Year Lawyer award from the Texas Bar Foundation. Jason Brookner, of Gray Reed & McGraw, has been elected to the American Bankruptcy Institute’s Board of Directors. Stephen Gwinn, of Suzanne I. Calvert & Associates, has been awarded the Nancy L. Garms Award by State Bar of Texas Law Focused Education Committee for his contributions to Mock Trial. John Ting, of Ting and Tran Law Firm, received the National Asian American Bar Association’s Pro Bono award for 2016. Andrew A. Jones, of Sawicki Law, has been elected to the TYLA Board of Directors. Chris M. Lake, of GoransonBain, PLLC, published his first book “A Christian Divorce,” available at www.achristiandivorce.org.

Pamela St. John, of AT&T Services, Inc., has been awarded the 2017 Access to Justice Commission Corporate Counsel Pro Bono Award.

ON THE MOVE Lorin Subar joined Fletcher, Farley, Shipman & Salinas, LLP as Associate. Amber James joined McCathern, PLLC as Associate. Geoffrey Harper and Chad Walker joined Winston & Strawn LLP as Partners. Jeff Kershaw, Peter Anderson, and David M. Walsh IV have formed Kershaw Anderson, PLLC, located at 12400 Coit Road, Suite 570, Dallas, TX 75252. Greg Brenner, Turner Field, Peyton Inge, and Christopher Wood have also joined the firm. Angela Hunt joined Munsch Hardt Kopf & Harr, P.C. as Shareholder. Hillary Lynch joined Hiersche, Hayward, Drakeley & Urbach, P.C. as Associate. Shamsia Osman Sheenan and Kelly Wise joined Kane Russell Coleman Logan PC as Associates. George Flint and John Pearce joined Scheef & Stone, L.L.P. in Frisco as Partners. Sarah Wilson joined Bellinger & Suberg, LLP as Associate. Tara Lancaster joined Sidley Austin LLP as Associate. Jeffrey Hage joined Peckar & Abramson, P.C. as Partner. Craig J. Cox and Daniel A. Murray joined Frost Brown Todd as a Member and Managing Associate, respectively. News items regarding current members of the Dallas Bar Association are included in Headnotes as space permits. Please send your announcements to Judi Smalling at jsmalling@dallasbar.org.

DAYL Dinner and Dialogue Pipeline Diversity – Tackling Diversity from the Ground Up

Currently under renovation, the historic Municipal Building in Downtown Dallas will become the home of the law school in 2019.

Thursday, July 20, 2017 | 6:00 – 8:30 p.m. at Belo Speakers: Royal Furgeson, Founding Dean, UNT Dallas College of Law United States District Judge Sam Lindsay Dr. Jack Manhire, Director of Program Development for Texas A&M School of Law RSVP at www.dayl.com/dinnger-and-dialogue

DVAP’s Finest UNT Dallas College of Law is accepting applications for full-time and part-time programs for fall 2017 through June 30, 2017. EMAIL lawadmissions@untdallas.edu PHONE 214.752.5981

UNT Dallas College of Law is provisionally approved by the American Bar Association’s Council of the Section of Legal Education and Admissions to the Bar, 321 North Clark Avenue, Chicago, IL 60654, 312.988.6738. ©2017 UNT Dallas College of Law AA/EOE/ADA

Nicole Collins Nicole Collins is an Associate at Hunton & Williams. She has handled several pro bono cases over the years, mostly in the family law context—including drafting wills for seniors; no property, no kids divorces; with kids divorces; and name changes. She has found handling these matters to be very rewarding. She has also interviewed applicants about their legal issues at the DVAP Wills Clinic and Veterans Clinic. Justice Sonia Sotomayor once said “We educated, privileged lawyers have a professional and moral duty to represent the underrepresented in our society, to ensure that justice exists for all, both legal and economic justice.” Nicole heartily agrees—she feels compelled to represent low-income people on a pro bono basis, and finds it an honor to be able to do so. Thank you for all you do, Nicole!

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

Jul y 2 0 1 7

Classiﬁeds

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

July

EXPERT WITNESS

Mexican Law Expert - Attorney, former law professor testifying for 20 years in U.S. lawsuits involving Mexican law issues: FNC motions, Mexican claims/ defenses, personal injury, moral damages, contract law, corporations. Co-author, leading treatise in field. J.D., Harvard Law. David Lopez, (210) 222-9494. dlopez@pulmanlaw.com Economic Damages Experts - Thomas Roney has more than twenty five years’ experience providing economic consulting services, expert reports and expert testimony in court, deposition and arbitration. His firm specializes in the calculation of economic damages in personal injury, wrongful death, employment, commercial litigation, IP, and business valuation matters. Mr. Roney and his experienced team of economic, accounting and finance experts can help you with a variety of litigation services. Thomas Roney LLC serves attorneys across Texas with offices in Dallas, Fort Worth and Houston. Contact Thomas Roney in Dallas/Fort Worth (214) 665-9458 or Houston (713) 513-7113. troney@ thomasroneyllc.com. “We Count.” Economic Damages Experts – HSNO is the Forensics Firm. The Dallas office of HSNO has six CPA testifying experts who specialize in the calculation of economic damages in areas such as commercial lost profits, personal lost earnings, business valuations, property damage, insurance litigation, intellectual properties, commercial litigation, contract disputes, bankruptcy, and fraud. HSNO is qualified in most industries including, but not limited to; energy (offshore and onshore), manufacturing, hospitality, service, insurance, transportation, entertainment, product liability and construction. HSNO has 17 U.S. offices and an office in London. Contact Peter Hagen or Karl Weisheit at (972) 980-5060 or go to HSNO.com.

OFFICE SPACE

Stop Looking!! Your next office in Downtown Dallas is available now for immediate move-in. Active law firm has very modern, newly built offices for rent in a “turn-key” executive suite arrangement (secretary station also available for a little extra) in Class A building with restaurants, Starbucks, conference center, Wi-Fi Lounge and 24/7 security. In-office amenities include receptionist, telephone, Wi-Fi access, conference rooms and a stocked kitchen (unlimited coffee, soda and snacks; lunch is sometimes provided). Get it all for one price (parking and postage extra). You will enjoy a great working environment. Call Kathleen at (214) 965-9999 Uptown. 4054 McKinney Avenue has available one office suite with 1550 sq. ft. and one suite with 2500 sq. ft. Each space has three of more offices with reception and secretarial space. Located across from Cole Park with surface parking. One year terms with flat rates are available. Call (214) 520-0600. North Dallas. Law Firm – Merit Tower Office Space - For Lease: Contemporary office space, 12222 Merit Drive, offers five conference rooms, receptionist, Internet service, lobby, library, fully equipped breakroom, parking, workout facilities. Available 5/1/17. Email Amy at arobinson@ englishpllc.com or (214) 528-4300. North Dallas/Farmers Branch - Law firm has several offices for lease. $400/ month per window office. Includes use of furniture, Internet, fax, parking, conference rooms, and kitchen. Convenient location. No lease required. Please contact Ilene Smoger at (214) 532-8892 or ilene@texasinjurylaw.com.

Downtown Dallas – Historic KATY Building – Two window offices with included secretarial space available, in the historic KATY Building overlooking the Old Red Courthouse and Kennedy Memorial. Receptionist, notary, phone system, conference room, Wi-Fi, fax and copier provided for tenants use. No deposit or lease required. Please inquire at (214) 748-1948. Professional office suites for lease in Uptown State Thomas area. Restored Victorian home circa 1890 w/ hardwood floors throughout. Shared conference room. 2619/2608 Hibernia St 1 block from McKinney Avenue Whole Foods. Lawyers preferred. $750-$850/month. Includes phone & Internet. Phone (214) 987-8240. Office with secretarial area available at 4054 McKinney Avenue. Shared conference room, break room, copier, fax, DSL & phone equipment are available if needed. No long term commitment and a monthly rate of $800.00 for the furnished or unfurnished large office and $300.00 for the furnished secretarial office. Call (214) 520-0600. Lee Park Area - executive office space available for lease in a professional, legal environment. Two large executive window offices available (furnished or unfurnished) to share with experienced and established lawyers. Separate areas available for assistants or paraprofessionals. Three bench seat spaces available for daily or short-term use, if desired. Referrals and other case arrangements are possible. Amenities include reception area, telephone, fax and copy machines, Wi-Fi, notary, conference room, kitchen area, covered visitor parking, and free secured office parking. Location convenient to Dallas courts, downtown, and all traffic arteries. Please contact Judy at (214) 7405033 for a tour and information. Downtown Dallas - Arts District. Offices available for rent with law firm located in Downtown Dallas Class A, Arts District building. Amenities include conference room, law library, secretarial station, kitchen, parking garage, photocopy/scanner/postage/facsimile and related amenities. Contact Laura at (214) 922-9265. Uptown - Executive Office space available for lease in a professional Legal environment, in uptown. Share office space with experienced and established lawyers. Case referrals and other case arrangements are possible. Amenities include: Bi-lingual receptionist, fax and copy machines, two conference rooms, two kitchen areas, and plenty of free parking. Location is convenient to all Dallas Courts and traffic arteries. Please call Rosa (214) 696-9253 for a tour. Virtual Office – Available Immediately! Contemporary office space, 12222 Merit Drive, Suite 1200, offers five conference rooms, receptionist, Internet service, mail service, parking, fully equipped breakroom. $300 monthly fee – competitive rates! Email Amy at arobinson@ englishpllc.com or (214) 528-4300. Office sublease available in historic West End, all offices have beautiful downtown view. 3837 SF at $18/SF, significantly below market value. Completely renovated with original wood floors/beams, exposed brick walls, 12-foot ceilings, new lighting & HVAC. Call John at (469) 233-1111. Downtown Dallas - Office Sharing. Law firm seeking attorney with transaction, litigation, family law and/or probate law background. Furnished (or unfurnished) office with or without a window, near Court House and public transportation. Case referrals are possible. Will provide

conference room, kitchen/break area, receptionist, notary, phone system, wi-fi, fax, and copier. 1-year lease preferred, but will consider month-to-month for right fit. (parking & postage extra) Additional services available for fee. If interested, call JJ at (214) 389-1170.

POSITIONS AVAILABLE

Fifth District Court of Appeals. Part-Time Staff Attorney. Salary: $33,750 – up to $35,000 Closing Date: Open Until Filled. Responsible to work with one Justice doing legal research, analysis of legal issues, preparation of legal memoranda, and assisting with the preparation of complex civil and criminal opinions. Superior academic credentials and writing ability. Excellent analytical and research skills. A disciplined work ethic. Licensed Texas Attorney with minimum of six years of legal experience preferably appellate. Flexible work schedule. Excellent benefits. Please submit a State of Texas job application, resume, academic transcript, and writing sample to Gayle Humpa, 600 Commerce Street, STE 200, Dallas, TX 75202. Military Occupational Specialty Codes 27A & 250X. Please call for reasonable work place accommodations. (214) 712-3434. EOE/AA. Fifth District Court of Appeals. Two Staff Attorneys. Closing Date: Open Until Filled. Salary: Up to $70,000. Responsible for legal research and analysis, preparation of legal memoranda, and assistance with the preparation of complex civil and criminal opinions. Superior academic credentials and writing ability. Excellent analytical and research skills. Disciplined work ethic. Licensed Texas Attorney with at least six years of legal experience. Please submit a State of Texas job application, resume, academic transcript, and writing sample to Gayle Humpa, 600 Commerce, STE 200, Dallas, TX 75202. Military Occupational Specialty Codes 27A & 250X. Please call for salary and reasonable work place accommodations. (214) 712-3434. EOE/AA. Midsize full service law firm in downtown Dallas with 135 year history of excellence seeks an attorney, licensed in Texas, with 5 - 10 years of experience in the areas of employment and labor law. Preferred experience for this position should include experience with employment discrimination laws, TWC, FLSA and FMLA as well as litigation experience in employment matters. All inquiries are confidential. Please email resume to jpolzer@canteyhanger.com. Employment & Labor Law Attorney. Dynamic midsize full service law firm in downtown Fort Worth with 65 year history of excellence seeks an attorney, licensed in Texas, with 5 - 10 years of experience in the areas of employment and labor law. Preferred experience for this position should include: providing legal services for private employers, experience with employment discrimination laws, FLSA and FMLA, litigation experience in employment matters. All inquiries are confidential. Please resume and salary history to Stuart Lumpkins, McDonald

Sanders, P.C., 777 Main Street, Suite 1300, Fort Worth, TX 76102 or email: lumpkins@mcdonaldlaw.com. Dallas Firm Seeks Litigation Attorney. Small, AV rated, downtown insurance defense litigation firm seeks a full-time attorney with a minimum of 5 years of litigation experience. Personal injury and first party bad faith experience required. Applicant should be highly motivated, a team player, Computer literate, work well without supervision, and possess excellent research and writing skills. Fax resume and salary requirements to Administrator at (214)748-1421 or e-mail to jtbdal@ tx.rr.com. Downtown Defense Firm – Experienced Associate. Downtown mid-sized defense litigation firm looking for associate with 5+ years of experience. Practice areas include overall defense litigation, premises liability, automobile, trucking and subrogation (both workers’ compensation and ERISA). Must have good communication skills, solid writing ability, be able to work independently and with others, and have experience working with insurance companies. Great opportunity for a motivated, self-starting individual. Please submit resume and salary requirements to dwoodard@downsstanford.com. Experienced Civil Litigator. Boutique construction law firm seeks experienced civil litigator with trial experience. Strong writing skills required. Compensation negotiable. Send cover letter and resume in confidence to oaklawnfirm@ aol.com. Experienced Litigation Associate. Boutique insurance coverage and litigation firm, in Uptown area, seeks an associate with 2-4 years litigation experience for its first party litigation practice. Insurance experience a plus. Send resume to lisas@ tbmmlaw.com.

SERVICES

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. Credentialed Forensic Genealogist & Attorney – hire an experienced attorney and credentialed forensic genealogist to ethically find next of kin and missing heirs for intestacy, probate, guardianship, property issues, and more. Reasonable hourly rate. See www.ProfessionalAncestryResearch.com. Wanda Smith, (972) 836-9091. Energy Acquisition(s): I buy any size royalty(ies), mineral(s), working interest(s) and try to reach (and pay) the sellers asking price. I am a licensed attorney and have been making oil and gas purchases for 35 +/- years. E-mail to bleitch@prodigy.net or call Kirk Leitch or Brenda Phillips at 1-800-760-9890 or (214) 720-9890 for a friendly and quick analysis and response. To place an affordable classified ad here, contact Judi Smalling at (214) 2207452 or email jsmalling@dallasbar.org.

Need Help? You’re Not Alone. Texas Lawyers’ Assistance Program…………...(800) 343-8527 Alcoholics Anonymous…………………………...(214) 887-6699 Narcotics Anonymous…………………………….(972) 699-9306 Al Anon…………………………………………..…..(214) 363-0461 Mental Health Assoc…………………………….…(214) 828-4192 Crisis Hotline………………………………………..1-800-SUICIDE Suicide Crisis Ctr SMU.…………………………...(214) 828-1000 Metrocare Services………………………………...(214) 743-1200 More resources available online at www.dallasbar.org/content/peer-assistance-committee

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

Jul y 2017