Dallas Bar Association
HEADNOTES August 2018 Volume 43 Number 8
Focus Criminal/Trial Skills
Diversion Programs and Criminal Justice Reform BY MESSINA MADSON AND KENDALL CASTELLO
(Left to right): Alicia Hernandez, DBA Executive Director; Trey Apffel, SBOT Executive Director; and Rob Crain, DBA Immediate Past President
DBA Recognized by State Bar STAFF REPORT
At the State Bar of Texas Annual Meeting in June, the Dallas Bar Association accepted several awards for its programs and services. The DBA received the prestigious Award of Merit for outstanding services to its more than 11,000 members and to the community, and the Outstanding Partnership Award for Immediate Past President Rob Crain’s Together We Dine programs, in which the DBA partnered with Project Unity. The program’s goal at each event was to give participants a safe place to have open conversations about race, religion, and politics. In addition, Headnotes received a Star of Achievement award for: Best Substantive Law Series for the May 2017 Tort & Insurance Practic issue. Authors
Focus
included: John G. Browning, of Passman & Jones, P.C.; Jamie K. Baker, Thompson, Coe, Cousins & Iron LLP; Lindsey Shine Lawrence, of QBE North America; Jay English, of The English Law Group, PLLC, and Susan Taylor, Attorney at Law. The awards are presented by the State Bar of Texas to recognize local bar associations for outstanding community involvement, commitment to increasing access to justice and dedication to the profession. The publication awards honor exceptional reporting, originality, and impact on the legal profession. At the annual meeting, Joe Longley, of Austin, assumed the role as president of the State Bar, and Randy Sorrels, of Houston, was elected SBOT president-elect. In addition, Rob Crain, of Crain Lewis Brogdon, LLP was elected to the State Bar Board of Directors. HN
FOCUS: Criminal/Trial Skills
Criminal Emergencies for Civil Attorneys BY BILL MATEJA AND JASON HOGGAN
Client emergencies are an inevitable part of what we do. Those emergencies sometimes come with a criminal twist. Federal agents might arrive unannounced to conduct a search of a business or interview employees. A company might unexpectedly be served with a grand jury subpoena. Regardless of the scenario, your client may not have time to engage a criminal lawyer—your phone rings instead. Not every attorney aspires to be a modern day Perry Mason, but when a panicked client calls with a criminal emergency, even civil attorneys should be
able to do better than My Cousin Vinny. Here are three common areas in which a civil lawyer might be faced with a criminal emergency, and some simple tips to help your clients get through it.
Surprise! We’re Here With a Search Warrant
Federal law enforcement agencies have steadily increased their use of search warrants in recent years. Ideally, companies should have a clear game plan in continued on page 19
As part of a nationwide movement for criminal justice reform, diversion programs are at the cutting edge and have been gaining momentum as Americans have started protesting mass incarceration as a solution to crime. Incarceration is highly expensive and leaves a person with a permanent criminal record that makes future success far more difficult. Diversion gives people a chance to address the underlying issues for their poor decisions and helps them avoid entering the criminal justice system and getting stuck there. As the use of these programs grows, they are becoming a system within a system with rules and rewards of their own. It is critical for everyone involved in criminal justice to be aware of these programs, their structures, and the benefits they offer to an accused individual and the criminal justice system as a whole. Diversion programs do exactly what the name implies—they “divert” an accused individual out of the criminal courts and into special programs. These programs can help change the trajectory of an accused person. Through the diversion program an individual can learn new habits, overcome addictions, and avoid criminal behaviors. When someone completes a diversion program, the underlying case is dismissed and can be immediately expunged. Diversion programs offer individuals a fresh start with new tools to succeed. The Texas Legislature has codified that graduates of a diversion program are entitled to an immediate expunction. The key to future success, an expunction removes all record of a crime. This clears a person’s criminal record from background searches by law enforcement, employers and educational institutions. Diversion graduates can pursue an education and career without the stigma of a criminal record. So, how do we get those who need these programs plugged into an appropriate one? First, please note that diversion is a “predisposition” program. This means that a person enters the program while the criminal case is still pending (prior to a plea bargain
or trial). If the person is unable to complete the program, the case will return to the normal process in the courts. Here are some other important things to know: 1. Act quickly. Diversion programs sometimes have a narrow window to apply, so acting—sometimes even prior to indictment—is important. 2. Know the local options. As an attorney, you must make sure you know what is available in your county of arrest. While drug diversion is the most common program, diversion programs are expanding into other areas of focus as well, such as: • young people; • people diagnosed with mental illness; and • people charged with Driving While Intoxicated. 3. Don’t forget to apply. In nearly all instances, to get into a diversion program you must apply. The programs usually do not come looking for the participants. Each county will have its own programs and requirements for eligibility. 4. File the paperwork to get the underlying case expunged. Upon completing the program, a case will NOT be taken off a person’s record unless that person or her attorney files for the expunction. 5. Explore financial aid. Many programs have a financial component, but reduced rates or scholarships often are available based on documented need. Why are these programs becoming more focal in the criminal justice system? Today nearly everyone within the criminal justice system agrees that incarceration is a poor way to handle non-violent or low-level offenders. Diversion addresses the underlying issues that lead to the criminal behavior, with an eye towards taking the person OUT of the system altogether. When those charged with nonviolent or low-level crimes are pushed to do better, gain tools to succeed, and return to productive lives, everyone wins. HN Messina Madson and Kendall Castello are the former First Assistant and Administrative Chief for the Dallas County District Attorney’s Office and are currently partners at Madson Castello, PLLC. They can be reached at messina@madsoncastello.com and kendall@madsoncastello.com.
Inside 6
Equal Access to Justice Campaign Co-Chairs Named
14 Error Preservation: A Synopsis for Your Trial Plan 16 Woodshedding, Coaching, or Tampering? 18 Leveraging Your Defense with an Offer of Settlement
REMINDER: BELO CLOSED IN AUGUST
The Belo Mansion will be closed during the month of August due to building renovations. No meetings or CLEs will be held during that time. The building will reopen Tuesday, September 4. Staff will be available by phone or email during the remodel. You can still get your CLE credits using the DBA Online CLE Catalog at onlinecle.dallasbar.org.
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Register for the 27th Annual Bench Bar Conference The Conference provides more than 8 hours of CLE including Ethics. We encourage lawyers from all practice areas to attend and engage. The beautiful resort setting combined with the casual environment make it ideal for meeting other Dallas area attorneys and judges. Grow your network and gain referrals at Bench Bar.
Highlights • Excellent CLE topics • Breakouts with the Judges • Presentation of the Trial Lawyer of the Year Award to Dick Sayles, Sayles Webner, P.C. • Brunch with the Bench • Night Golf and more!
Sponsors/Exhibitors – Contact Rhonda Thornton, rthornton@dallasbar.org for more information. Proceeds benefit the Dallas Volunteer Attorney Program.
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President’s Column
Headnotes
Less Partisanship, More Statesmanship: Finding Common Ground BY MICHAEL K. HURST
Many of us were taught not to talk politics at the dinner table. Partisan politics is divisive by definition and increasingly inflammatory. What can our profession do to reverse what amounts to gridlock associated with the seeming inability to have productive political discourse in our Country? Great leaders in our Country and our profession have always been statesmen and stateswomen. A “statesman” is defined as “a wise, skilled and respected government leader.” Yet so much of what we see and hear from our elected officials today are partisan attacks against one another and name calling that includes labeling someone a member of a different political party as an intended insult. While America’s two-party system has existed since at least as far back as 1796, most people I know, regardless of professed political party affiliation, have many similar views about the importance of democracy, respect for each other’s innate and ideological differences, patriotism, the need for national security, and much more. On May 4, the Dallas Bar hosted its Law Day Luncheon, where special Congressional guests, Democrat Mark Veasey and Republican Pete Sessions, visited with me about the importance of working together, the separation of powers, and bipartisanship. Many folks in the audience seemed surprised to learn that not only are these leaders good friends, but there are many issues upon which they actually agree and work together to achieve. While they are far from alone amongst political leaders from opposite sides of the aisle who actually collaborate, this is not what we see on TV and on social media. For this column, when I asked Congressman Veasey about the importance of bipartisanship and statesmanship, he told me “There are certainly areas where both Republicans and Democrats can find common ground. The American people deserve a great Congress; one that can have passionate debates about our values, and work together to find solutions that support working families across the country. We are sent to Congress to best represent the needs of our constituents, and working across the aisle is a key part of honoring our duty to serve the American people.” Similarly, Congressman Sessions told me “I have consistently worked with members of Congress across the political spectrum to find commonsense solutions to the issues we face as a nation. Just last month I participated in a roundtable event with my friend Democratic Congressman Joe Kennedy of Massachusetts to discuss trade and while Mr. Kennedy and I may not agree on every aspect of this policy, we found com-
Crisis Management for Attorneys & Their Clients September 18, 2018 9:00-10:00 a.m. at Belo MCLE: 1.00 RSVP to kzack@dallasbar.org Facebook, Twitter, Instagram, Snapchat and YouTube are now the places where a reputation built up over years of good work can be shattered in an instant. This fast-paced talk by veteran crisis management and communications specialist Bruce Hennes, from Hennes Communications in Cleveland, Ohio, will focus on a highly-strategic approach to crisis management and crisis communications for a wide variety of situations, offering methods to establish and maintain “control of the message,” enabling attorneys to help their firms and clients move messages forward or mount a defense against an outraged public, unhappy customers or a sudden press onslaught.
mon ground and made an effort to work together on behalf of the folks we represent. This is just one of the many examples of civility and bipartisan efforts within Congress that you don’t always see in the news and I will continue to work with my colleagues, no matter the political party, for the good of the American people.” Maybe there is hope for our Country, and lawyers should lead by example. Kim Askew, longtime DBA, ABA and State Bar leader, recognized that: “Great lawyers are statesmen. They help clients achieve legal goals by adhering to the rule of law in a manner that asks what is both ‘legal’ and ‘right.’ They conduct themselves with integrity and demand the same of clients. They are leaders.” Harriet Miers, former White House counsel and DBA and State Bar President, added: “Lawyers are officers of the Court as well as representatives of their clients. Faithfully, effectively, and efficiently fulfilling those duties to the judicial system and clients, lawyers are truly statesmen and stateswomen with treasurable tools of their profession and critical obligations to our third branch of government.” Lawyers have traditionally served as guardians of statesmanship. We protect the Constitution and the rule of law. Being a lawyer/statesman means being a person of judgment and wisdom even more than presenting as an expert in the law. Our profession always has place for us to serve as candidates, officials, zealous advocates and spokespeople. However, we do not need to make room for name calling and personal attacks. Like it does to our political system, these attacks demean our profession. Bipartisanship is good. When something of significance gets done in politics, and stays done, it is usually a result of working together and compromising. Bipartisanship creates moderation and fosters civility rather than hostility. I dare say that partisan politics serve no good ends in the everyday practice of law. “There is a time and a place for partisan politics, but there is never a good time for that in my professional world as a criminal defense attorney,” said Barry Sorrels, past president of the DBA. Lawyers are not only the protectors of the rule of law, we are leaders and agents of change. We can and need to help undo this political gridlock. Instead of considering the topic of politics taboo at the dinner table, why not talk about politics on areas on which we can agree and work together? I would love to participate. Michael
Published by: DALLAS BAR ASSOCIATION
2101 Ross Avenue Dallas, Texas 75201 Phone: (214) 220-7400 Fax: (214) 220-7465 Website: www.dallasbar.org Established 1873 The DBA’s purpose is to serve and support the legal profession in Dallas and to promote good relations among lawyers, the judiciary, and the community. OFFICERS President: Michael K. Hurst President-Elect: Laura Benitez Geisler First Vice President: Robert L. Tobey Second Vice President: Aaron Z. Tobin Secretary-Treasurer: Vicki D. Blanton Immediate Past President: Rob D. Crain Directors: A. Shonn Brown (Vice Chair), Jonathan Childers, Chalon Clark, Stephanie Culpepper, Isaac Faz (President, Dallas Hispanic Bar Association), Sakina Foster, Ashlei Gradney (President, J.L. Turner Legal Association), Hon. Martin Hoffman, Krisi Kastl, Dan Kelly, Shruti Krishnan (President, Dallas Asian American Bar Association), Bill Mateja, Karen McCloud (Chair), Kate Morris, Cheryl Camin Murray, Stephanie Osteen (President, Dallas Women Lawyers Association), Hon. Irma Ramirez, Jennifer Ryback (President, Dallas Association of Young Lawyers), Mary Scott, and Victor D. Vital Advisory Directors: Charles Gearing (President-Elect, Dallas Association of Young Lawyers), Erin Nowell (President-Elect, J.L. Turner Legal Association), Javier Perez (President-Elect, Dallas Hispanic Bar Association), Sarah Rogers (PresidentElect, Dallas Women Lawyers Association), and Jason Shyung (President-Elect, Dallas Asian American Bar Association) Delegates, American Bar Association: Rhonda Hunter, Mark Sales Directors, State Bar of Texas: Jerry Alexander, Rob Crain, David Kent, 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 Display Advertising: Tobin Morgan, Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Alexander Farr and Carl Roberts Vice-Chairs: Andy Jones and Beth Johnson Members: Timothy Ackermann, Logan Adcock, Wesley Alost, Stephen Angelette, Michael Barbee, David Black, Jason Bloom, Grant Boston, Andrew Botts, Emily Brannen, Jonathan Bridges, Amanda Brown, Angela Brown, Eric Buether, Casey Burgess, Cory Carlyle, Paul Chappell, Charles Coleman, Wyatt Colony, Shannon Conway, Natalie Cooley, Daniel Correa, G. Edel Cuadra, Jerald Davis, James Deets, James Dockery, Elisaveta (Leiza) Dolghih, Angela Downes, Sheena Duke, Charles Dunklin, Dawn Fowler, Juan Garcia, Britaney Garrett, Michael Gonzales, Andrew Gould, Jennifer Green, Kristina Haist, Susan Halpern, Bridget Hamway, Edward Harpole, Meghan Hausler, Jeremy Hawpe, Lindsay Hedrick, Marc Hubbard, Brad Jackson, Andrew Jones, Kristi Kautz, Thomas Keen, Daniel Klein, Michelle Koledi, Kevin Koronka, Susan Kravik, Jess Krochtengel, Dwayne Lewis, Margaret Lyle, Lawrence Maxwell, Jordan McCarroll, R. Sean McDonald, Kathryn (Kadie) Michaelis, Elise Mitchell, Terah Moxley, Daniel Murray, Jessica Nathan, Madhvi Patel, Keith Pillers, Kirk Pittard, Laura Anne Pohli, Luke Radney, Mark Rasmussen, Pamela Ratliff, David Ritter, F. Colby Roberts, Bryon Romine, Kathy Roux, Stacey Salters, Joshua Sandler, Matthew Sapp, Justin Sauls, Mazin Sbaiti, Mary Scott , Jared Slade, Thad Spalding, Jacob Sparks, John Stevenson, Scott Stolley, Elijah Stone, Amy Stowe, Adam Swartz, Ashley Swenson, Robert Tarleton, Paul Tipton, Michael Tristan, Tri Truong, Pryce Tucker, Adam Tunnell, 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: Marcela Mejia, Viridiana Mejia Law-Related Education & Programs Coordinator: Melissa Garcia Membership Director: Kimberly Watson Director of Legal Education: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist: Grecia Alfaro Staff Assistant: Yedenia Hinojos DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Michelle Alden Managing Attorney: Holly Griffin Mentor Attorneys: Kristen Salas, Katherine Saldana Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Miriam Caporal, Tina Douglas, Andrew Musquiz, Jamie Odom, Carmen Perales, Alicia Perkins, Dominick Vallejo Program Assistant: Patsy Quinn Secretary: Debbie Starling Copyright Dallas Bar Association 2018. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher. Headnotes serves the membership of the DBA and, as such, editorial submissions from members are welcome. The Executive Editor, Editor, and Publications Committee reserve the right to select editorial content to be published. Please submit article text via e-mail to jsmith@dallasbar.org (Communications Director) at least 45 days in advance of publication. Feature articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informational and educational purposes and is not intended as legal advice. Opinions expressed in articles are not necessarily those of the Dallas Bar Association. All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Association’s sole discretion. Headnotes (ISSN 1057-0144) is published monthly by the Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. Non-member subscription rate is $30 per year. Single copy price is $2.50, including handling. Periodicals postage paid at Dallas, Texas 75260. POSTMASTER: Send address changes to Headnotes, 2101 Ross Ave., Dallas, TX 75201.
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Equal Access to Justice Campaign Co-Chairs Named STAFF REPORT
Kristina “Krisi” Kastl, Dan Kelly, Kathryne “Kate” Morris, Erin Nowell, and Mary Scott have been named CoChairs of the 2018-2019 Equal Access to Justice Campaign benefiting the Dallas Volunteer Attorney Program (DVAP). “Supporting pro bono legal services is the most important endeavor we undertake as attorneys because for our revered legal system to work, it has to work for everyone.” said DBA President Michael K. Hurst. “Our team of chairs and vice chairs are close friends and amongst the most respected leaders and advocates for pro bono in our legal community. We are incredibly fortunate to have them at the helm of what should be a transformational year for our Equal Access Campaign and the new Endowment. After all, because of our annual campaign and the Endowment, ‘And justice for all’ means justice for all people—and for all time. No one can better lead these imperative efforts than are team of Erin, Dan, Kate, Krisi and Mary.” Krisi Kastl, founder of Kastl Law, P.C., is an experienced trial lawyer whose practice focuses in the area of personal injury claims. A graduate of Texas Tech School of Law, she is a long-time supporter of the Campaign for Equal Access to Justice and frequently volunteers as a pro bono attorney for DVAP. Ms. Kastl has been active in the Dallas Bar Association for many years and currently serves on the Board of Directors, as a Co-Chair of the Bench Bar Conference Committee, and as Board Advisor to the Fee Disputes and Lawyer Referral Service Committees and the Alternative Dispute Resolution Section. Among her many accolades, she has been recognized as a Rising Star, Top Young Lawyer in Texas, and as a Texas Super
Kristina “Krisi” Kastl
Dan Kelly
Lawyer. Dan Kelly, a graduate of the University of Michigan Law School, is Vice President and Associate General Counsel at Vistra Energy. In his position he manages all litigation, labor & employment, and regulatory enforcement proceedings involving the company. He also serves as primary legal advisor to the General Counsel and senior legal advisor to various senior business leaders at Vistra. A passionate supporter of DVAP and equal access to justice, Mr. Kelly received the Texas Access to Justice Commission’s 2016 Corporate Counsel Pro Bono Award. He is also the DBA Board Advisor to the Pro Bono Activities Committee. Kate Morris, a Member at Clark Hill Strasburger, focuses her practice on cybersecurity, data protection & privacy and intellectual property & technology. A long-time supporter of the Equal Access to Justice Campaign and the DBA, she currently serves on the DBA Board of Directors and is Board Advisor to the Legal Ethics and Morris Harrell Professionalism Committees, as well as the Science & Technology Law Section. A graduate of SMU Dedman School of Law, Ms. Morris has received numerous recognition, including receiving the 2018
Kathryne “Kate” Morris
Erin Nowell
DAYL Mentor of the Year award, and being named to both D Magazine’s Best Lawyers in Dallas (2018) and as a Texas Super Lawyers Rising Star by Thomson Reuters (2014-2018). Erin Nowell is a graduate of the University of Texas School of Law, and has been named to the Top 40 Advocates Under 40 by the National Bar Association and as a Texas Rising Star by Thomson Reuters, as well as having received the DBA Minority Attorney of the Year and the President’s Award from the J.L. Turner Legal Association (JLTLA). Ms. Nowell is a Shareholder at Simon Greenstone Panatier, PC and focuses on her practice on toxic torts, pharmaceutical litigation, and products liability. She serves as Co-Chair of the Admissions & Membership Committee and Chair of the
Mary Scott
Public Forum Committee, and is President-Elect of JLTLA. Mary Scott, a Partner at Spencer Scott PLLC, is a graduate of the University of Missouri-Columbia School of Law. She has represented clients in a broad range of complex, commercial litigation in state and federal courts, as well as in arbitrations across the United States. She also represents individuals in legal malpractice litigation. Ms. Scott has been a very active member of the DBA having served as Director of the Trial Academy program for the past seven years. In addition, she serves on the Board of Directors and is advisor to the Publications Committee and Appellate Law Section. The Campaign will culminate at the Inaugural of 2019 DBA President Laura Benitez Geisler on January 12, 2019. HN
Texas Lawyers’ Assistance Program TLAP provides confidential help for lawyers, law students, and judges who have problems with substance abuse and/or mental health issues. In addition, TLAP offers many helpful resources, including: Live Ethics CLE presentations TLAP Newsletter Request of specific educational materials 1-1, group telephone calls on topics Friday noon AA telephone meeting 1-800-393-0640, code 6767456
Find out more at www.texasbar.com. THE
SAVE DATE Dallas Bar Association’s 2018
Diversity Summit
A DISCUSSION WITH
Candidates for Dallas County District Attorney
September 21 | 8:30 a.m. - 5:00 p.m. Belo Mansion Diversity: Shaping Agents of Change
JOHN CREUZOT
FAITH JOHNSON
MODERATED BY
GROMER JEFFERS, DALLAS MORNING NEWS
FRIDAY, SEPTEMBER 7, NOON AT BELO
FeaturedYou Speakers Include Thank Sponsors! Gold Sponsors Carter Arnett PLLC Dallas Bar Foundation Julia Simon Marilyn F. Booker David R. McAtee II Dennis Archer Managing Director Senior Executive Vice President Chief Legal Officer and Dennis W. Archer PLLC Locke Lord LLP Corporate Secretary Urban Markets Group and General Counsel President, American Bar Mary Kay, Inc. Morgan Stanley AT&T Inc. Association, 2003-2004 Lynn Pinker Cox & Hurst, LLP McKool Smith P.C. Sayles Werbner, P.C. Thompson & Knight Rhonda Hunter Michael K. Hurst Diversity SummitWiggins Chair White & Barnes, LLP DBA President Silver Sponsors Click Here to RSVP Click Here Sponsor JonestoDay K&L Gates LLP Linebarger Goggan Blair & Sampson, LLP Weil, Gotshal & Manges LLP Bronze Sponsors Haynes and Boone
RSVP to jsmith@dallasbar.org (for adequate seating) These forums are intended to educate Dallas lawyers and the public on the background and philosophies of the candidates. The DBA is a non-partisan organization. Sponsored by the DBA Public Forum Committee.
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Second Naturalization Ceremony Held at Belo On June 25, the Dallas Bar Association hosted the second U.S. Naturalization Ceremony held at the Belo Mansion. Presiding Judge Hon. Barbara M.G. Lynn welcomed 48 candidates from 24 different countries. After the ceremony, the new citizens and their families were treated to lunch at Belo, courtesy of the Dallas Bar Association. The band Whiskey Pants provided entertainment at the luncheon.
T H E T A G G F A M I LY
Volunte er ing with Communitie s Foundation of Texas at Nor th Texas Fo o d B ank
Client Development— Speak at a DBA Program
CLIENT: Communities Foundation of Texas JOB#: CFOT-17-010 2017 Brand Campaign TRIM: 5"w x 7.75"h LIVE: 5"w x 7.75"h BLEED: n/a COLOR: CMYK
Interested in sharing your legal knowledge and expertise with your colleagues? The CLE Committee is looking for speakers willing to present on topics of interest to a broad range of members for the Friday Clinic programs it holds throughout the year.
PUB: Headnotes CONTACT: Jessica D. Smith, Headnotes Editor Communications/Media Director (214) 220-7477 jsmith@dallasbar.org RELEASE: 7/13/18 INSERTION: August
Please submit a short bio, title, and 2-3 sentence description of your presentation to yhinojos@dallasbar.org. Submissions will be discussed at monthly CLE Committee meetings.
wh e re g iving
THRIVES A service day arranged by Communities
Foundation of Texas for Debra’s company,
with CFT for their family giving. “Working with CFT is an easy way to add strategy to our giving without the expense and administration of a private foundation,” said Debra. “With the whole family involved in our giving decisions, we hope to fuel a lifetime of giving back.”
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OVER 200,000 PEOPLE COME THROUGH OUR BUILDING EACH YEAR
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200,000+ members and guests use the building each year and your contribu�on at the Sustaining Member level will help us con�nue the essen�al upkeep needed to preserve our beau�ful building—as the premiere bar headquarters in the na�on. Thank you for your support.
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Criminal/Trial Skills
Asset Forfeiture: Civil Practice for Criminal Defense Attorneys BY H. ALEX FULLER
Civil asset forfeiture is the process by which the State seizes and sells assets that were used to commit an offense or are the proceeds of criminal activity. Originally intended to prevent drug kingpins from keeping their ill-gotten gains, the scope of civil asset forfeiture has grown to include seizures of cars, homes and other property “used” by persons to commit drug possession and other low-level offenses. Often, the State obtains the property by default judgment because the people from whom it is seized cannot afford to fight the forfeiture. Even when a client can afford to fight, many criminal defense attorneys are reluctant to engage in this hybrid civil/criminal forfeiture litigation. However, use of the right tactics can result in great benefits for the client. When the police believe property was used to commit a crime or is the proceeds of a crime, they may seize the property after obtaining a warrant, incident to a lawful arrest or search, or with the consent of the
owner. The District Attorney’s office must commence the forfeiture proceeding within 30 days of the date of the seizure. The forfeiture case is an in rem proceeding against the property itself—and not the possessor or owner, although the State must serve the owner and any interest holder in the property with citation and a copy of the Notice of Forfeiture. The case then proceeds like any other civil case, is subject to the Rules of Civil Procedure, and is determined at a hearing where the State must prove by a preponderance of the evidence that the item is contraband, i.e., that it is the proceeds of illegal activity, was purchased with those proceeds, or was used or intended to be used in the commission of certain enumerated offenses. No conviction in the underlying civil case is required, and the forfeiture case can, and often does, proceed before the owner is formally charged or indicted, and even when the charges are never formally brought or dropped. The State’s goal is to seize valuable property quickly. Law enforcement agencies and District Attorney’s offices thus focus on large
Ethics CLE – North Dallas
amounts of cash, lien-free vehicles, and other intrinsically valuable property. The State may also take a chance on forfeiting less valuable property hoping to get a default judgment. However, when the defense files an answer the State often has a difficult time proving its case. In drug cases, it can take six months or more to get lab results back to prove that suspected narcotics are, in fact, controlled substances; during that time the State has no evidence to prove its case. In cases where witness testimony is necessary to prove the case, the State will have to make its police officers or complaining witness available to testify at deposition— which the prosecutors will not want to do. Thus, when it is warranted, a criminal defense attorney can use the civil discovery process to investigate their defenses and the State’s positions in the criminal matter through the use of written discovery, depositions and summary judgment motions. Often, State asset forfeiture attorneys are younger, less-experienced criminal attorneys who are overworked—and thus incentivized to nonsuit or settle laborintensive cases. Most contested cases do ultimately settle, and the property or the proceeds from its sale are split between the State and the former owner—often to the client’s benefit, as the client’s share can pay
his or her attorney’s fees in a criminal case. The State’s focus on valuable property often leads to overreach, such as seeking to forfeit cars for possession of personal-use amounts of narcotics. Although simple possession of narcotics in a car can be grounds for forfeiture, it is still, arguably, subject to the Eighth Amendment’s Excessive Fines Clause and must be “proportional” to the underlying offense. Thus, the State cannot forfeit a defendant’s vehicle simply because he has a small amount of cocaine inside it. Proportionality depends on factors including the nature of the offense, its relationship to other offenses, the maximum fine permitted by statute, and the harm caused by the offense. Although the Supreme Court has not formally incorporated the Excessive Fines Clause against the States, at least one Texas Court has applied it to bar a disproportionate forfeiture. Moreover, the Supreme Court has recently agreed to hear a case that will likely decide whether to enforce the Excessive Fines Clause against the states—so be on the lookout for the Court’s opinion in Timbs v. Indiana for the latest in constitutional forfeiture law. HN Alex Fuller is a criminal defense attorney and civil litigator practicing primarily in Collin and Dallas Counties. He can be reached at afuller@afullerlaw.com.
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Andrea Broyles is an Associate and serves as the Pro Bono Coordinator at Bracewell LLP. 1. How did you first get involved in pro bono? My first involvement with pro bono was as a summer clerk for Bracewell when we spent an afternoon working at a legal clinic that was geared toward assisting veterans and their families. The partner who led Bracewell’s pro bono efforts in Dallas at that time, who embodied the principle that it is an attorney’s privilege and duty to give back to the community, inspired me to make pro bono cases a constant part of my practice. 2. Why do you do pro bono? Accepting pro bono cases allows me to give back to the citizens of our community who need legal assistance and cannot afford the cost of hiring an attorney. I am fortunate to be able to practice law and use my knowledge and skills to help those in need. 3. What impact has pro bono service had on your career? Pro bono service has allowed me to enhance my legal skills through early opportunities for depositions, courtroom experience, and client interaction. I have also been able to diversify my practice and expand my knowledge in other areas of the law through the pro bono cases I have accepted. Pro bono service has also given me the chance to meet people of varying backgrounds that I may not have otherwise met. 4. What is the most unexpected benefit you have received from doing pro bono? The community of people that I have met through pro bono service, including clients, attorneys, and pro bono service providers.
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Au g u st 2 0 1 8
D al l as Bar A ssoci ati on l Headnotes 11
Bustin’ ours to protect yours. Sure, we made our name suing lawyers. And we still do that. But these days, we also help lawyers who face ethical issues including: • disqualification motions, • fee disputes, • partner disagreements, • malpractice defense, • grievance defense, • and more. If we can help, let us know.
12 He a d n o t e s l D a l l a s B a r A s s ociation
Column
A ugust 2018
Ethics
The Lying Client: What To Do? pect, even strongly, is false. The prohibition against offering false evidence applies only when the lawyer knows it is false. So, some lawyers try to avoid “knowing.” Second, ethics rules distinguish between civil and criminal clients. Only the latter have a constitutional right to testify. Thus, the accused’s lawyer must accede to the client’s demand to testify even when the lawyer knows the client will lie. See Rule 3.03, cmt. 10. What must this lawyer do? First, try to dissuade the client, using practical reasons (the lie will be exposed), moral grounds (it is wrong), and the lawyer’s ethical duty (the lawyer will be forced to do something that almost certainly will prejudice the client). If unsuccessful, the lawyer may try to withdraw from the representation, usually unsuccessfully. It simply transfers the dilemma to successor counsel. If withdrawal is denied, the lawyer’s ethical and moral dilemmas come to a head. Here, the profession divides into three camps. The most controversial, not sanctioned by any American court, argues that the lawyer must proceed as if unaware that the client will or has lied. Professor Monroe Freedman, echoing Lord Brougham, argued that the lawyer’s duties of loyalty and confidentiality to the client trump the lawyer’s duties to the court. Texas, the A.B.A. Model Rules, and most states are in the second camp, favoring the court’s interests over the accused’s. The Freedman/Brougham solution, says Camp Two, amounts to facilitating perjury. Moreover, the
BY FRED C. MOSS
Never do a lawyer’s dual roles as champion of the client and officer of the court come into greater conflict as when the lawyer knows her client either intends to commit or has committed perjury. What must, may, and must not a Texas lawyer do? Our profession has debated these questions for generations, particularly the criminal defense lawyer’s obligations. On the champion side, Lord Brougham, in defense of Queen Caroline at her criminal trial for adultery, proclaimed, “[A]n advocate, in the discharge of his duty, knows but one person in all the world, and that person is his client.” In this view of a lawyer’s “role-bound morality,” only the lawyer stands between the accused and the state, and she must do all she can— within the law—to defend her client. However, licensed as an “officer of the court,” the lawyer must not allow perjury to pollute the waters of justice. She cannot knowingly facilitate perjury. Thus, if the lawyer knows that her non-client witness intends to commit perjury, the lawyer’s duty is clear: either she must not call the witness or she must question around the perjury, even against the client’s wishes. If the witness lies, the lawyer must reveal it if the witness will not. TDRPC Rule 3.03, cmt. 5. However, if the criminally accused client commits or intends to commit perjury, the matter is not as clear. Note these distinctions: first, lawyers may put on testimony they sus-
Supreme Court held in Nix v. Whiteside, 475 U.S. 157 (1986), that the accused has no constitutional right to commit perjury with the assistance of counsel. Thus, Rule 3.03(a)(5): “A lawyer shall not knowingly . . . offer or use evidence that the lawyer knows to be false.” See id., cmt. 12. And when it happens, the lawyer must reveal the client’s confidences to the court if no other “remedial measures” will be successful. Rule 3.03(b) and cmts. 8-12; Tex. Ethics Op. 504 (1994). Camp Three, the middle ground, attempts to avoid requiring the lawyer to reveal or facilitate the perjury. Unless the lawyer can avoid eliciting perjury, she asks no questions and simply tells the client to narrate his story. About a dozen jurisdictions have adopted this “narrative solution” as the best compromise for criminal trials. Camps One and Two reject it as signaling fact-finder that the accused is lying and not preventing or correct-
ing the perjury. The commentary to Texas Rule 3.03 rejects the narrative solution. However, Texas courts, while not recommending it, have held the technique not to be ineffective assistance of counsel. Maddox v. State, 613 S.W.2d 275 (Tex. 1981); Weisinger v. State, 775 S.W.2d 424 (Tex.App.—Houston [14th Dist.] 1989, writ ref ’d). Note that these cases pre-date Nix and the TDRPC. In sum, Texas criminal defense attorneys may use the reveal or narrative solutions. The best hope is that on being warned that the lawyer will try to withdraw, and if unsuccessful, either reveal the perjury to the court or have him narrate his testimony, the client may reconsider. HN Fred Moss is an Emeritus Professor at SMU Dedman School of Law, where he taught and consulted on legal ethics for over 30 years before retiring in 2009. He was on the State Bar’s Ethics Rules Committee for several years. He may be reached at fmoss@mail.smu.edu.
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Au g u st 2 0 1 8
D al l as Bar A ssoci ati on l Headnotes 13
Respected Judge Roberto Cañas To Join Family Law Firm O
ver the course of three decades, Roberto Cañas has developed a reputation as an ambitious attorney who turned out to be a natural fit for a variety of challenging legal jobs. And now the award-winning jurist who presided over a Dallas County family violence court for nearly twelve years will join the family law boutique Lisa McKnight P.C. on September 4, 2018 where he will focus on domestic disputes and complex criminal cases. A native west Texan, Cañas graduated with honors from Texas Tech Law School in 1997 and was recruited by Dallas’ Haynes and Boone where he worked for two years as an associate handling specialized litigation including antitrust, healthcare and environmental cases. An eager litigator who yearned for more trial experience, Cañas left the big firm world behind in 1999 and joined the Dallas County District Attorney’s Office where he became a member of the Specialized Crime Unit prosecuting organized crime, embezzlement and insurance fraud. The seasoned, unflappable prosecutor was then elected to the Dallas County Criminal Court No. 10 in 2006, a specialized court which handles misdemeanor family violence cases which attempts to break a cycle of violence before domestic abusers commit more serious crimes.
ROBERTO CAÑAS
Over the course of 250 jury trials while managing a never-ending heavy docket of cases, Cañas’ court was one of only three in the nation recognized as a Domestic Violence Mentor Court by the U.S. Department of Justice Office on Violence Against Women and was awarded over $1 million in federal grant money to help stem the tide of domestic violence in North Texas. Cañas currently serves on Dallas Mayor Mike Rawlings Executive Task Force on Domestic Violence.
He was presented with the Mosaic Family Services Champion of Human Rights Award in 2013 and Genesis Women’s Shelter HeRO Award in 2018 for his work as a judge. “It’s the silver lining in my career,” Cañas said of his decision to join McKnight’s firm where he will use his years of judicial experience to benefit family law clients for the first time. “I’m at the point in my career where I didn’t want to practice only criminal law.” “I feel fortunate to learn from Lisa. Not everybody gets that chance,” Cañas said. McKnight said she feels fortunate to add Cañas to her team of family lawyers at one of the most effective and unique law firms in Dallas. Located in a 1909 historic home a mile east of downtown, her firm has a reputation for winning tough jury trials and is one of the only family law firms in the state with a professional counselor on its staff to assist in custody cases and clients in crisis. “I’m very excited about Rob coming to work with us. He’s got a bright future in family law,” McKnight said. “He’s a champion of domestic abuse victims and now he can use his skills to advance their civil interests.”
LISA E. MCKNIGHT
Cañas joins attorneys Tamika Jones Abendroth and Regan Donnenfield at the firm. McKnight and Abendroth are both certified in family law by the Texas Board of Legal Specialization.
4807 Gaston Avenue, Dallas, TX 75246 | 214-528-4191 www.lisamcknight.com
14 H e a d n o t e s l D a l l a s B a r A s s o ciation
Focus
A ugust 2018
Criminal/Trial Skills
Error Preservation: A Synopsis for Your Trial Plan BY JOHN S. ADAMS
Error preservation is an important part of trial strategy that should mesh with the primary goal of winning at trial. To help integrate those parts of the trial plan, this article summarizes the basic tools available in state court to preserve error. Errors worth preserving are “reversible,” i.e. harmful. Under the rules of appellate procedure, a reversible error “probably caused” an improper judgment or prevented a party from properly presenting its case at trial. Effective error preservation, therefore, does not mean making every objection (thereby alienating judge and jury), rather it requires objecting only when an error is likely to affect the judgment or appeal. To preserve an error, the rules generally require: (1) a motion, objection, or request; and (2) a ruling. Error may also be preserved if the court refuses to rule, and if the party objects to that refusal. All steps to preserve error must be made part of the record. If an objection or request is not on the reporter’s record, a formal bill of exception should be filed, stating the request or
objection. Generally, error is only preserved for the party that raises the issue at trial, unless a clear statement on the record shows that an objection for one is an objection for all. Voir dire errors can be difficult to preserve. When challenging a venire member for cause, error is only harmful if, after the challenge is denied, a party exercises all of her peremptory strikes and the objectionable venire member becomes a juror. Also, court reporters may not transcribe voir dire without a request to do so. Evidentiary errors are among the most common. For the party objecting to evidence, errors may be spotted early, for example in a motion in limine. But to preserve error, an objection must be made when the evidence is offered. And then a mere “objection” will not suffice, because the basis of the objection must be stated on the record. For the party offering evidence, if evidence is improperly excluded, error is not preserved until the evidence is tendered to the court with an explanation of its significance and admissibility. This tender must be made before the jury is charged. In the special case of a relevance
objection to an issue outside the pleadings—which must be made to avoid trial by consent—the party seeking to admit evidence should request leave to amend, show no surprise, and file the proposed amendment. Evidence can pose a particular challenge when presented multiple times at trial. So-called “running objections” may preserve error if the source and subject of the evidence is clearly identified, which precludes the necessity of objecting to each reference to that evidence. Running objections can be risky if similar evidence is introduced that may not fall within the stated grounds for objection. To ensure effectiveness, a running objection should be renewed if the objectionable evidence is later introduced through a new witness. Jury charge errors must be objected to on the record, not only at an informal charge conference. A request for a corrected or missing question, definition, or instruction must be made before the jury is charged, and the requested question, definition, or instruction must, itself, be substantially correct. A ruling should be obtained on each individual request on which your client has the burden of proof.
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A verdict should be closely reviewed for conflicting or missing answers before the jury is discharged, otherwise the error is waived. If answers are irreconcilable, a party may request that the court order further deliberations. A judgment on the verdict will incorporate all of the jury’s findings (including adverse ones), unless the moving party specifically requests the court to disregard adverse findings or expressly reserves its right to complain on appeal. Requesting a judgment notwithstanding the verdict (i.e. JNOV) is one way to preserve an argument that no evidence supports the verdict, or a legal rule (e.g. a statute of limitations) bars recovery, although these may also be preserved through a motion for directed verdict or a motion for new trial. A motion for new trial is generally not a prerequisite for appeal, but it is a way to preserve error about: (1) improper jury argument (which should ideally be addressed first by a request to disregard); (2) juror misconduct; (3) insufficient evidence to support the verdict; and (4) a legal rule bars the judgment. HN
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D al l as Bar A ssoci ati on l Headnotes 15
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16 H e a d n o t e s l D a l l a s B a r A s s o ciation
Focus
A ugust 2018
Criminal/Trial Skills
Woodshedding, Coaching, or Tampering? BY DAVID C. KENT
Interviewing and preparing witnesses to testify is an activity almost taken for granted by trial attorneys. The Maryland Supreme Court stated, “Attorneys have not only the right but also the duty to fully investigate the case and to interview persons who may be witnesses.” State v. Earp, 571 A.2d 1227, 1234 (Md. 1990). Prof. John Applegate, of Indiana University School of Law, bluntly noted: “The practical literature uniformly views the failure to interview witnesses prior to testimony as a combination of strategic lunacy and gross negligence.” Applegate, Witness Preparation,” 68 Tex. L. Rev. 277, 287-88 (1989). But the line between “preparation” and coaching or even tampering sometimes can become blurred. The federal statute against witness tampering, 18 U.S.C. §1512, addresses many forms of intimidation and improper persuasion. At one extreme are threats or acts of physical
violence, illustrated by the criminal defendant in Brooklyn federal court accused of making a throat-slitting gesture to a prosecution witness testifying during trial in November 2017. The statute extends beyond threats or acts of physical force and includes any act of intimidation, threat, corrupt persuasion or misleading conduct intended to influence, delay or prevent testimony or to withhold, destroy or conceal evidence. A headline-grabbing example was Special Counsel Robert Mueller’s superceding indictment in June 2018 charging Paul Manafort with witness tampering and suborning perjury by contacting two potential witnesses through phone and encrypted text messages concerning activities made the subject of Manafort’s prior indictments. Problems can arise in civil cases, too. Particularly when conducted during the “heat of battle,” witness contacts that might seem mundane and ordinary under other conditions can appear different
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as trial looms or is under way. Suddenly, charges of witness tampering can move from the theoretical to the real. This was seen in two civil trials in the fall of 2017, where complaints about witness contacts erupted in the middle of trial and escalated to accusations of witness intimidation and tampering. In a federal court case in the DePuy Pinnacle hip implant litigation in Dallas, a sales representative who had been contacted by defense counsel for a telephone interview apparently was unnerved by the request and contacted a doctor who was scheduled to testify at trial to caution him of possible repercussions from testifying. In a state court case in Philadelphia involving the blood thinner product Xarelto, the defendant’s sales representative called upon the plaintiff’s treating doctor shortly before the doctor’s deposition, after which the doctor apparently gave testimony surprisingly favorable to the defendant. In both cases, plaintiffs’ counsel learned of these contacts on the eve of or during trial, whereupon they promptly complained. The courts and the parties then diverted significant resources in the middle of trial to investigating, interviewing and deposing witnesses, with the federal court even involving the FBI. Ultimately, neither court found an impropriety had occurred, and they did not permit either jury to hear evidence about the contacts. Another problem area is compensating witnesses for their time and expenses in testifying. Most states permit “reasonable” compensation for time and expenses incurred in preparing to testify, although
some restrict compensation for courtroom testimonial time. The problem arises when the compensation is (or appears to be) for the substance of the testimony. In October 2017, the Nevada Supreme Court suspended an attorney’s law license for offering to pay a witness $7,000 for “honest testimony” supporting certain facts and threatening the witness with personal liability and “the legal implications of perjury” if he testified the other way. Regardless of whether the testimony sought by the lawyer ultimately proved to be truthful, the court held, it was improper to offer payment contingent on the substance of the testimony. In April 2018, the Fifth Circuit reversed a judgment for the plaintiff in a different DePuy hip implant case for, among other things, statements plaintiffs’ counsel made in closing argument contrasting the plaintiff’s two “unpaid” medical experts with the defendants’ retained experts. It turned out that plaintiff’s counsel had donated $10,000 to one expert’s private school alma mater before trial and collectively sent the two experts $65,000 after trial. The Fifth Circuit wrote that the pre-trial donation to one expert’s favored charity, the other expert’s expectation of being paid, and the post-trial payments to both experts was “individually troubling, collectively devastating.” Christopher v. DePuy Orthopaedics, Inc., 2018 U.S. App. LEXIS 10476 (5th Cir. April 25, 2018). In sum, the hallmark is reasonableness. Learn what the witness has to say; don’t teach him what he ought to say. HN David C. Kent is counsel at Drinker Biddle & Reath, LLP and can be reached at david.kent@dbr.com.
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D al l as Bar A ssoci ati on l Headnotes 17
2018 DBA 100 CLUB MEMBERS – THANK YOU! We are proud to recognize the following firms, organizations, corporate legal departments, government agencies, and law schools for their 100% support of the Dallas Bar Association as members of the 2018 DBA 100 Club! The DBA 100 Club is a distinguished membership recognition category that reflects a commitment to the advancement of the legal profession and the betterment of the community. The DBA 100 Club consists of firms with two or more attorneys as well as corporate legal departments, organizations, law schools, and government agencies that have 100% membership in the DBA. Recognition is free and given to the 2018 DBA 100 Club members in our Headnotes publication, at our Annual meeting in November, and in the 2019 DBA Membership Directory. 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. It is not too late to become a member of the 2018 DBA 100 Club! Please submit your request via email including 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 once approved, your organization will be added to the 2018 DBA 100 Club for recognition at our Annual Meeting and the 2019 DBA Directory!
THANK YOU FOR YOUR SUPPORT OF THE DALLAS BAR ASSOCIATION! DBA 100 Club Members as of July 11, 2018 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 Ashcraft Law Firm Atkins, O’Toole & Briner, L.L.C. Atwood Gameros LLP Bisignano Harrison Neuhoff LLP Blackwell & Duncan, PLLC Blackwell, Blackburn & Singer, LLP Broden & Mickelsen Calloway Norris Burdette Weber & Baxter-Thompson, PLLC Carlock & Gormley Chen Dotson, PLLC Christiansen Davis LLC Clark Law Firm Clark, Malouf & White, LLC Davenport & Epstein, P.C. Duke Seth, PLLC Edwards & de la Cerda, L.L.C. Espinar Law, PLLC Fisher & Welch, P.C. Francis & Totusek, L.L.P. Fuller Mediations Gauntt Koen Binney & Kidd, LLP Gillespie Sanford LLP Goldfarb PLLC Griffith Barbee PLLC Grogan & Brawner P.C. Gussio Law Office Hahn Law Firm, P.C. Hamada Smith, PLLC Hamilton & Squibb, LLP Hance Law Group Hayward & Associates PLLC Henley & Henley, P.C. Herrera & Herrera Hitchcock Evert LLP Hollingsworth Walker Holmes Firm PC Hunt Huey PLLC Hunter & Kalinke Jameson & Powers, P.C. Johnston Tobey Baruch, P.C. Kellett & Bartholow PLLC Kinser & Bates, L.L.P. Koning Rubarts LLP Langley LLP Law Office of Andrew & Mark Cohn Law Office of Jodi McShan, PLLC Law Offices of Maduforo & Osimiri Law Offices of Otstott & Jamison Law Offices of Terrence G. Turzinski, P.C. Lawrence Law PLLC Lemons & Hallbauer, LLC Letteer & Mock, P.C. Lidji Dorey & Hooper Little Pedersen Fankhauser LLP Madson Castello, PLLC
Malouf & Nockels LLP Manning & Kass Maris & Lanier, P.C. Marshall & Kellow, LLP McDowell Hetherington LLP Mincey-Carter, PC MKim Legal Mosser Law PLLC Mullin Hoard & Brown, L.L.P. Musgrove Law Firm, P.C. Nesbitt, Vassar, & McCown, L.L.P. Okon Hannagan, PLLC Olson Nicoud & Gueck, L.L.P. Peeples & Kohler, P.C. Perry Law P.C. Potts Law Firm, LLP Prager & Miller, P.C. Quaid Farish, LLC RegitzMauck PLLC Richardson Koudelka, LLP Riney Packard PLLC Ritter Spencer PLLC Rogaliner Law Offices, P.C. Ross Barnes LLP Russell & Wright, PLLC Sawicki Law Schubert & Evans, P.C. Schuerenberg & Grimes, P.C. Shamieh Law PLLC Sheils Winnubst, PC Smith, Stern, Friedman & Nelms, P.C. Sorrels Hagood The Swartz Law Firm, PLLC Turton & Pinkerton, PLLC Van Wey Law, PLLC Walker & Long Wolff Law, PLLC Woolley <> Wilson, LLP. Yarbrough & Elliott, P.C. Law Firms with 6 or More Attorneys Amy Stewart PC Baker Botts, L.L.P. Bell Nunnally & Martin LLP Bragalone Conroy PC Brousseau Naftis & Massingill Brown Fox PLLC Burford & Ryburn, L.L.P. ByrdAdatto Canterbury, Gooch, Surratt, Shapiro, Stein & Gaswirth, P.C. Carrington, Coleman, Sloman & Blumenthal, L.L.P. Carstens & Cahoon, LLP Carter Arnett PLLC Cavazos Hendricks Poirot, P.C. Cobb Martinez Woodward PLLC Connatser Family Law Cooper & Scully, P.C. Cowles & Thompson, P.C. Crain Lewis Brogdon, LLP Crawford, Wishnew & Lang PLLC Cutler-Smith, P.C. DeHay & Elliston, L.L.P. Drinker Biddle & Reath LLP Duffee + Eitzen LLP Estes Thorne & Carr PLLC Figari & Davenport, L.L.P Godwin Bowman & Martinez PC
Griffith Davison & Shurtleff, P.C. Guida, Slavich & Flores, P.C. Hankinson LLP Harper Bates & Champion LLP Hedrick Kring, PLLC Hiersche, Hayward, Drakeley & Urbach, P.C. Hoge & Gameros, L.L.P. Jones Carr McGoldrick L.L.P. Kelly, Durham & Pittard, LLP Key Harrington Barnes PC KoonsFuller Lynn Pinker Cox & Hurst, LLP 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. Munsch Hardt Kopf & Harr, P.C. Passman & Jones, P.C. Peckar & Abramson, P.C. Sayles Werbner, P.C. Sheppard Mullin Richter & Hampton LLP Stacy Conder Allen LLP Stuber Cooper Voge, PLLC The Ashmore Law Firm, P.C. The Hartnett Law Firm Thiebaud Remington Thornton Bailey LLP Thompson & Knight LLP Tollefson Bradley Mitchell & Melendi, LLP Udashen Anton Verner Brumley Mueller Parker, P.C. Vincent Serafino Geary Waddell Jenevein, P.C. White Wiggins & Barnes, LLP Wilson, Elser, Moskowitz, Edelman & Dicker, L.L.P. Winstead PC Zelle LLP Corporate Legal Departments Buckner International Capital Senior Living, Inc. Compatriot Capitol Inc. Dunhill Partners, Inc. Front Burner Restaurants, LP Gaedeke Group HighGround Advisors KidKraft, Inc. Klein Tools, Inc. LALA U.S., Inc. Tenaska, Inc. Government Agencies, Law Schools & Organizations City of Irving Dallas Baptist University Dallas County Probate Courts Mosaic Family Services Inc. UNT Dallas College of Law Special Recognition Student Members of UNT Dallas College of Law
18 H e a d n o t e s l D a l l a s B a r A s s o ciation
Focus
A ugust 2018
Criminal/Trial Skills
Leveraging Your Defense with an Offer of Settlement (3) state the terms of the settlement— including any attorney’s fees, interest, and costs that would be recoverable up until the time of the offer, and (4) state a deadline. 2. The declaration. At the time of making the confidential offer, the defendant must separately file a declaration with the Court that invokes the procedure. 3. Timing. The offer must be made no later than 45 days before trial. The offer cannot be made within 60 days after either party’s appearance in the case. The offer must remain open for at least 14 days, but can remain open indefinitely. 4. Counter-demands. Note that once the defendant serves an offer, the plaintiff can provide a counter demand that could allow for cost shifting. If the plaintiff recovers a judgment that is less than 80 percent of the rejected offer, the defendant is entitled to an award of reasonable court costs, depo-
BY KATE VALENT
An Offer of Settlement is a procedural tool that can be used to answer two of the biggest questions for any defense client: (1) “How do I get rid of this lawsuit?” and (2) “Can I recover my costs and attorney’s fees?” While this tool may not be appropriate for all cases, it can be critical for reaching a favorable settlement or an award for costs when there are quantifiable damages or a strong defense, and unreasonably high damages allegations. Texas Rule of Civil Procedure 167 and Chapter 42 of the Texas Civil Practice and Remedies Code require the following steps to invoke an Offer of Settlement: 1. The offer. A confidential written settlement offer must be served on the plaintiff. The settlement offer must be (1) in writing, (2) state that it is made under Rule 167 and Chapter 42 of the Texas Civil Practice and Remedies Code,
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sition costs, fees for two expert witnesses, and attorney’s fees incurred from the date of the offer. This award can both offset plaintiff’s verdict and result in a favorable final judgment award. Texas case law also provides that the Court will not consider pre-judgment interest when determining whether plaintiff’s judgment is 80 percent less than the Offer of Settlement. The Court will only consider the verdict of the factfinder. Be aware of some limitations. Defendant’s award for costs cannot exceed the plaintiff’s original award from the factfinder. In addition, an Offer of Settlement cannot be used for certain claims, including class actions, a shareholder’s derivative action, an action by or against the State, an action under the Family Code, an action to collect worker’s compensation benefits, or an action filed in the justice of the peace or small claims courts. If your client landed in federal court— the “Offer of Judgment” found in Federal Rule of Civil Procedure 68 provides a somewhat similar vehicle. However, this is a judgment that is awarded against a defendant like any other judgment. If rejected, there is no “80 percent” buffer zone and there are no limitations. If the plaintiff’s judgment is less than the offer or even $0, the defendant is awarded the full amount of costs.
How does the Offer of Settlement Work?
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Here is an example of how the Offer of Settlement works.
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• Defendant invokes the Offer of Settlement after 60 days of making an appearance in the case and provides an offer of $50,000 to Plaintiff. • Plaintiff rejects the Offer of Settlement. In order for the Defendant to be awarded defense costs going forward, the judgment must be less than $40,000 (less than 80% of the offer). • Jury renders a verdict for Plaintiff of $30,000. • Defendant spends $80,000 in reasonable attorney’s fees, costs, experts, and deposition costs after the date of its Offer of Settlement. • Result: Defendant’s award is limited to $30,000 because Defendant’s award cannot exceed the jury’s original verdict.
Practical/Tactical Considerations
An Offer of Settlement can help your defense client answer those two big questions--“How can we get this resolved?” and “How can I recover my costs?” A client cannot recover all costs using this procedure. It can be especially helpful in a case with real damages, because the defendant is not forced to take an unreasonable position that Plaintiff is entitled to $0 damages. In sum, this commonly underutilized tool forces the parties to take an honest evaluation of the case in order to promote early resolution, but also provides some teeth for leveraging your defense. HN
Kate Valent specializes in commercial and construction litigation at Sheef & Stone, L.L.P. She can be reached at katherine. valent@solidcounsel.com.
Au g u st 2 0 1 8
D al l as Bar A ssoci ati on l Headnotes 19
Criminal Emergencies for Civil Attorneys CONTINUED FROM PAGE 1
case a search warrant is executed on their property. However, many do not. So, when you learn that federal agents are at a business with a search warrant, here is the Search Warrant Response 101 play book: 1. Do not consent to the search. 2. Do your best to try and get the agents to wait until outside counsel arrives. 3. Ask for each agent’s identification and record pertinent information. 4. Carefully review the search warrant and, if possible, the search warrant affidavit. 5. Send non-essential employees home. 6. Do not remove, dispose of, or conceal documents or tangible items. 7. Have someone closely monitor and take notes of the agents’ activities and searches. 8. Ask to copy seized files, but understand that agents are not required to grant this request. 9. Attempt to preserve privileged information. 10. Obtain a receipt for seized items.
So Tell Me About Your Boss…
Clients may also speed-dial you if authorities unexpectedly show up and ask to interview company employees. Whether the request relates to a search warrant or not, you should inform clients to tread lightly—management should not do any-
thing that could be construed as directing or instructing employees not to submit to government interviews. However, you can advise the client/client employee as follows: 1. You have the absolute right to not be interviewed, although you should provide your name and identification. 2. You also have the right to agree to an interview. The choice is yours. 3. We are not asking you to agree or refuse to be interviewed—we simply want you to know your rights. 4. If you agree to be interviewed, the Company will provide you an attorney [obviously, you need to discuss with company counsel whether the company will provide a lawyer]. 5. If you are interviewed, anything you say can be used against you in a subsequent criminal prosecution or civil enforcement proceeding, regardless of whether officers give you any so-called Miranda warnings.
there is no need to treat them as a criminal emergency. When one arrives at your client’s office, ease their concern by offering simple, yet sage advice: 1. Take a deep breath. There is no reason to panic. 2. Trigger company document retention procedures for the requested material. 3. If concerned about the request itself, the breadth of the request or the burden that would be imposed on the client, contact the prosecutor and/or agent listed on the subpoena. a. Ask the prosecutor whether the recipient is considered a witness, a subject, or a target of the investigation. b. Ask about the subject matter of the investigation and the nature of any evidence. Learn as much as you can about
the investigation. It will help inform your judgment as to next steps. c. Do not be afraid to push back if the subpoena makes irrelevant or burdensome requests, and negotiate a narrowed scope if possible. Remember that you catch more bees with honey than vinegar. Keep in mind that there is no Fifth Amendment privilege against self-incrimination as to a business unless the business is unincorporated. And, finally, in the immortal words of Sgt. Phil Esterhaus of Hill Street Blues fame--“Hey, let’s be careful out there.” HN Bill Mateja is a shareholder at Sheppard Mullin Richter & Hampton LLP. He can be reached at bmateja@sheppardmullin.com. Jason Hoggan is an associate at the firm and can be reached at jhoggan@sheppardmullin.com.
Not-So-Grand Jury Subpoenas
Conversely, some perceived criminal emergencies really are not emergencies. When businesses receive a grand jury subpoena, the initial response is often a mixture of panic and confusion. The mere combination of “subpoena” with the terms “grand” and “jury” can be enough to trigger significant concern. Grand jury subpoenas are not necessarily a “grand” threat to a company, and
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20 H e a d n o t e s l D a l l a s B a r A s s o ciation
A ugust 2018
Jury Questionnaires: The Top Five Questions to Ask BY BRITTA STANTON
So, what are the five best questions to ask on a jury questionnaire? Really, it is a trick question. The true value in a question and the corresponding responses comes not in a magic pill, but in what you do with the responses. Let us consider five solid questions and—more importantly—how to use them. #1: What do you do for a living? Likely, no perfect profession exists for your case—and if one exists, opposing counsel will most likely strike that person. But you can use this as a jumping off point during voir dire. Is your case about not taking corporate responsibility? Ask a manager what she does if an inferior does not do his job. Does the manager step in, take responsibility for the employee? Do you need to show ignorance is no excuse? Ask someone
about a well-known rule in his job that he would know and follow even without reading an employee handbook. #2: What is your favorite magazine or newspaper? This is a great one because it is very flexible. After eliciting responses to this question in your jury questionnaire, if you find you are lacking in information about a few shy jurors, follow up during voir dire by asking “Why?” You can create common ground and humanize yourself by stating “I like that one, too.” Acknowledging that you like a few of the “fluffier” publications helps to show you are human. If you say “I like the Economist, too” you may further convince the venire panel that they have nothing in common with you. You can use a “why” answer as an example for how to be unbiased: if your venire panelist says they like the National Review because they do not like the “liberal
Dallas Bar Association’s new Oak Cliff Friday Clinic at Oak Cliff Chamber of Commerce 1001 N. Bishop Avenue Dallas, TX 75208
LANWT’s South Dallas Efforts
bias” of The New Yorker, talk about how bias can influence facts and how important it is to set aside bias when making a decision. #3: What is your favorite movie or TV show? Similar to the prior inquiry, this is also a malleable question. It is great for quiet jurors, as you can ask for a brief synopsis of the show if they are too timid to explain “why” they like a show. If you know something about a certain show or movie (or research it, if you get your questionnaire answers the night before), you can use movie themes to parallel to your case. Movies and television are great at being dramatic. Take advantage of that drama to put your client into the position of the horribly wronged protagonist. #4: Do you have any experience with law enforcement? This question assumes a criminal case, but you can substitute in any language related to the parties to your case. For example, do you have any experience with insurance? Medical billing companies? This type of question, while very case specific, is valuable for two main reasons. First, the purpose of voir dire is jury deselection. There may be fertile ground to make a for cause strike. Second, there may be some jurors who you do not want to touch with a ten-foot pole—or around whom you want to tread very carefully—given their work background.
#5: Do you have kids? How many? I personally love this one, because I can humanize myself by telling the jury I have four kids of my own. (Don’t have kids? Talk about your siblings, growing up.) I can use how siblings relate to each other, or how children behave, to start dozens of topics relating to the theme of almost any case. Are you a defendant and worried the jury will judge your client before you put on your case in chief? Ask the jury how many of them would hear a story told by one of their children and punish the other child before even hearing the accused’s side of the story. The examples provided are important questions and can be used in almost any type of case. You should also ask the basics on a jury questionnaire (gender, age, marital status, etc.) to create a more accurate picture in your mind of your panel. You can ask questions specific to your case, but these open-ended, discussion-oriented questions provide great jumping off points allowing you to accomplish the real goal of voir dire: to have a conversation with your future jury. You can condition them, learn about them, establish credibility, and hopefully even make them like you a little bit…all before you give your opening statement. HN Britta Stanton is a trial lawyer and partner in the firm Lynn Pinker Cox & Hurst, LLP. She can be reached at bstanton@lynnllp.com.
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Au g u st 2 0 1 8
Focus
D al l as Bar A ssoci ati on l Headnotes 21
Criminal/Trial Skills
Tips on Improving Your Advocacy at a Federal Sentencing Hearing BY GABRIEL REYES
The U.S. Federal Sentencing Commission reports that 97.3 percent of federal criminal cases result in guilty pleas. Thus, effective advocacy requires a sentencing strategy that guides plea negotiations, objections to the presentence report, and a memorandum that conveys the salient points of a client’s life story. Here is how that is done.
Step 1: Get an Early Start
In a federal case, plea negotiations start when your client receives a target letter. This letter alerts the client of an ongoing grand jury investigation. The letter states a date by which the client may choose to appear and testify before the grand jury. An attorney will request a meeting with the Assistant United States Attorney (AUSA) handling the case and the agent leading the investigation. He or she will also request any available pre-indictment discovery. The attorney will identify what, if any, charges the government can bring against the client. He or she will charge bargain or work to shape an eventual indictment. The AUSA may require the client’s cooperation in order to obtain a reduced charge. Other times, the reduced charge is a reward for a quick disposition of the case.
Step 2: Avoid Harmful Stipulations
Often, a client concedes guilt but
disputes the extent of his or her criminal involvement. Legal guilt and aggravating sentencing factors must be disaggregated. The AUSA may propose a factual resume (confession) that triggers a slew of sentencing enhancements. Reject this language, or in the alternative, request a plea to a statute with a statutory maximum that makes it void. When an agreement cannot be reached, the best strategy is to agree on a narrower factual resume. This approach leaves contested issues open for the sentencing judge to consider. Beware, however, of statutory minimums that eliminate a judge’s discretion.
Step 3: Limit Discussion of the Offense with US Probation
After a guilty plea, the Court will order the client to meet with U.S. Probation. The client should not discuss the details of the offense. Inadvertent misstatements of facts can lead to the denial of acceptance of responsibility (which raises a client’s sentencing recommendation). Moreover, the government’s rebuttal to the client’s claims could lead to a “presentence report” heavily shaped by the investigative agent’s narrative. It makes sense for defense counsel to identify areas of potential disagreement with the government. But because most judges in the Northern District of Texas will entertain these arguments during the sentencing proceedings, it streamlines the process to note these disagreements in official filings. Thus, the judge can
better weigh each party’s position.
tencing to articulate complex factual and legal issues for the first time will frustrate the court and not inure to your client’s benefit.
Step 4: Review and Object to the Presentence Report Step 5: Present Mitigating Once the presentence report issues, review it line-by-line with your client. Evidence at Sentencing This process provides the client an opportunity to object to any misstatements in the report or shed light on areas of particular concern. Meanwhile, focus your attention on the offense level calculation and the client’s criminal history score. In fraud cases, clients typically have no criminal history. Their sentencing recommendation is driven by the artificial concept of intended loss, i.e. the amount of money they could have obtained through a criminal scheme. The offense level is also determined by the alleged number of victims, whether a scheme is ‘sophisticated’, took place within multiple jurisdictions, involved identity theft, and other factors. Review the case law and test the factual basis for these enhancements against the facts in the presentence report and the government’s discovery. In crimes involving guns or violence, defendants more often have criminal history. Their priors may be characterized as ‘crimes of violence’ or ‘serious drug trafficking offenses’. Obtain the judgments, confessions and indictments from those prior matters. These documents are necessary to contesting unwarranted designations. If you are new to federal criminal law—get help. This area of law is fast changing and complex. Finally, file timely objections. If you need more time—request it. Appearing at sen-
The recommended Guideline sentence is but one factor that a judge must consider but is free to reject. Get to know your client through repeated interactions, soliciting letters from family and employers, gathering school and court filings (e.g., child custody home studies, child protective services records, past psychological evaluations) and visits to the neighborhood in which they live or grew up. Judges in this district are amenable to receiving video sentencing memorandums and other multi-graphic media. Not each case has a neat story arc—promise, loss and redemption. But sometimes a simple Excel chart that compares sentences among coconspirators or graphs that illustrate the prevalence of a purported offense (e.g., marijuana usage) or the national decline in average sentence length (e.g., sentences in cases involving pure methamphetamine) can help convey an important point and help avoid unwarranted sentencing disparities. The best advice for success at a federal sentencing hearing is to work in reverse with clients—get their life story during the initial client intake process, review discovery long before an indictment issues, and prepare for the sentencing hearing even as you negotiate and structure a client’s plea deal. HN
Gabriel Reyes, of The Law Office of Gabriel Reyes, PLLC, may be reached at gabriel@reyeslawpllc.com.
22 H e a d n o t e s l D a l l a s B a r A s s o ciation
Column
A ugust 2018
In The News
FROM THE DAIS
Joel Crouch, of Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P., spoke in San Antonio at the 34th Annual Texas Federal Tax Institute. Alan Davis, of the firm, spoke in San Antonio at the 2nd Annual Trust Audit & Operations seminar, at The Practice Management Group in Dallas, and also at the 2018 Graduate Texas Trust School. Aaron Borden spoke for the AXA Advisors Conference; Anthony Daddino spoke for the Metroplex Practice Management Group; Josh Ungerman spoke in New York, NY for the 10th Annual NYU Tax Controversy Forum. Lewis R. Sifford, of Sifford, Anderson & Co., P.C., delivered the Trial College lecture at Yale Law School and taught classes there for the week. Tresi Moore Weeks, of The Weeks Law Firm, PLLC, spoke at the Dallas CPA
Society Convergence and the National Down Syndrome Congress Convention.
KUDOS
Neil J. Orleans, of Law Offices of Judith W. Ross, was reelected Vice President of Finance, Treasurer and member of the Executive Committee of the Richardson Symphony Orchestra. Hon. Roberto Cañas, Jr., of the Dallas County Criminal Court #10, received the HeRo Award from Genesis Women’s Shelter & Support. Brad Weber, of Locke Lord, was elected Chair-Elect of the Antitrust and Business Litigation Section of the State Bar of Texas. Frank Carroll, of The Law Offices of Wm. Frank Carroll, PLLC, was elected the 2018-2019 Chairman of the Board of the Texas Board of Legal Specialization. Melinda G. Jayson, of Melinda G. Jay-
Moms in Law Events August Being a working mom can be challenging. Being a working lawyer mom can be a different ballgame with its own unique challenges. Moms in Law is going on its third year of being a no pressure, no commitment, informal, fun, support group for lawyer moms. The August events are: August 10: Noon, Master Class at Neiman Marcus downtown (1st floor). Box lunches provided. RSVP: http://www.dayl.com/moms-in-law-master-class/ August 24: 4:30-6:00 p.m., Jose (4931 W. Lovers Ln). Join us for our first happy hour. RSVP christine@connatserfamilylaw.com to attend the August 24 happy hour or to join the Moms in Law email listserv.
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ON THE MOVE
Angela Felecia Epps has been selected as Dean for the UNT Dallas College of Law. Mark Wasem joined Spencer Fane LLP as Partner. Andy Szuwalski joined Crowe & Dunlevy as Director. Alex Stevens joined Lochridge as Partner.
McGinnis
Kimberley Doom joined Vincent Serafino Geary Waddell Jenevein, P.C. as Associate. Tanner Forman and Andrew Willard joined Cobb Martinez Woodward as Associates.
Tom Tannehill joined John R. Salazar Dallas law offices as a Litigation Attorney. Zak Martinez joined Duffee + Eitzen as Associate. Eduardo F. “Jim” Cuaderes formed a new solo mediation practice at 10440 N. Central Expressway, Suite 800, Dallas, Texas 75231. Chris Krupa Downs joined The Weeks Law Firm, PLLC. Anthony J. Magee joined the Ross IP Group PLLC as Partner. Lawrence Glasgow and Richard Waggoner joined Jackson Walker L.L.P. as Partners. 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
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
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Au g u st 2 0 1 8
Classifieds
D al l as Bar A ssoci ati on l Headnotes 23
August
FOR SALE
Upper end furniture and furnishings for office or home featuring matching marble desk/table and pedestal, oriental cabinet and other unique pieces. Photographs and personal viewings are available. Contact Ed Fowler (214) 616-6392 or efowler@ ekvallbyrne.com.
EXPERT WITNESS
Economic Damages Experts – HSNO is the Forensics Firm. Economic Damages Experts - HSNO is a CPA firm specializing in Financial Damages. The Dallas office of HSNO has five CPA testifying experts who specialize in the calculation of financial damages in most areas including commercial lost profits, personal lost earnings, business valuations, insurance litigation, intellectual properties and contract disputes. HSNO is qualified in most industries including, but not limited to; energy, manufacturing, hospitality, service, insurance, transportation, entertainment, product liability and construction. HSNO has 10 U.S. offices and an office in London. Contact Peter Hagen CPA CFF CEO at (972) 980-5060 or go to HSNO.com. Economic Damages Experts - Thomas Roney has more than thirty 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) 6659458 or Houston (713) 513-7113. troney@ thomasroneyllc.com. “We Count.”
OFFICE SPACE
Tollway/Keller Springs. Luxury Executive Office Sublease – Large furnished office w/floor to ceiling windows. Share reception/kitchen. Amenities: Large desk; Conference Table; Internet; VOIP Phone w/private number; Voice Mail to Email; 24/7 access. $1,500/mo. Contact Chris at cape74d@gmail.com or call (972) 849-6013. Downtown Dallas – 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. Near SMU: 4-Attorney Suite at 4849 Greenville Avenue has available one 3-window office with secretarial area and shared conference room, kitchen, copier, scanner, fax, DSL and phone equipment. Office mates would be 2 oil & gas attorneys and 1 civil litigator and their respective assistants. Includes covered tenant parking and free visitor parking. Contact John at (214) 373-4090. 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: Bilingual 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 July 15th!
Ultra-contemporary office space, 12222 Merit Drive, Suite 1200, offers 11 conference rooms, greeter, Internet service, mail service, parking, a fully equipped breakroom. $500 – competitive rates! Computer work space included as well. Email Amy at arobinson@englishpllc.com or (214) 528-4300. Turtle Creek Blvd./Hall St. 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) 740-5033 for a tour and information. Professional office suites for lease in Uptown State Thomas area. Restored Victorian home circa 1890 w/ hardwood floors throughout. Shared conference room. 2619 Hibernia Street, 1 block from McKinney Avenue Whole Foods. Lawyers preferred. $750-$850/month. Includes phone & Internet. Phone (214) 987-8240. 8150 N. Central Expressway, Dallas – Upscale law firm has Class A office space with high-end finish-out available. Access provided to conference rooms, kitchen, as well as office amenities/equipment such as phone, Internet, copier, etc. Virtual office opportunities also available (access to amenities and use of mailing address without an office rental). Free garage parking. Please contact Chelsea at (214) 367-6000. Founders Square - Prime 7th floor Downtown Office Space. Founders Square, 900 Jackson Street @ Griffin. 476 SF office available in office sharing arrangement with 5 established solo practitioners: $1,200/month. Office furniture also available – price negotiable. Contact Ted Steinke at ts@tedsteinke.com or (214) 747-7148. Office space available at 4054 McKinney Avenue. First floor suite with three offices, a file room and a sink. The space faces Cole Park, is 914 sq/ft and rents for $1,522.00 flat rate. Second floor corner suite with three offices and file room. This space is 1127 sq/ft and rents for $1,878.00 flat rate. Call (214) 520-0600. North Dallas — Two professional offices available in suite with four attorney’s with access to two conference rooms, kitchen, fax machine, free Wi-Fi, and free parking. Contact Ron at (972) 231-8855 or rmiller@legalcpa.com. Campbell Centre, Dallas - First Floor Law Office Available in Suite with four “A” rated practicing lawyers: Campbell Centre II, 8150 North Central Expy. Suite 100, Dallas, Texas 75206. Best Location in Dallas. Office + Conference Room + space for assistant, paralegal or secretary + private kitchen/breakroom + free parking. 10 minutes from downtown. Rent $700 a month. Possibility of referral work. Perfect for lawyer doing contract work or semi-retired lawyer. Call Bruce Baldwin (214) 987-3300 or Nona Walker (214) 295-7776 for details. Visitors welcome. West End – Dallas. Small personal injury law firm is seeking an office sharing arrangement in the West End area to
share space and a receptionist. Please call Debbie at (254) 741-6200.
Dallas Family Firm that helps people through divorce with empathy and unyielding representation seeks associate with 5+ years’ experience. Email resume to christina@katielewisfamilylaw.com; subject line should be your last name in all caps plus one word that describes you.
tions via phone and email, and be proficient in Outlook, Word, and Excel. Training will be provided for tasks related to the firm’s primary practice area: Bankruptcy. Cavazos Hendricks Poirot, P.C. is a familyfriendly, technology-forward company that values each employee and offers competitive salary and benefits. Please send resume to the office administrator: akuhlmann@ chfirm.com for consideration. For more information about the firm, please visit our website: www.chfirm.com.
Are you overwhelmed by the headaches of running your law office or the politics/ economics of a larger firm? We know, because we’ve been there and done that. Palmer & Manuel, PLLC (now in its 12th year) provides a platform where you (and we) get to do what we love – practice law! Run your own practice, keep 70% - 95% of your fees, and pay a fixed, reasonable monthly overhead (includes legal assistants, Lexis, malpractice insurance, supplies, etc.). See www.pamlaw.com or contact Larry Chek, Jeff Sandberg or Rebecca Manuel at (214) 242-6444.
Experienced Transactional Attorney. Prestigious 40-year-old Fort Worth firm, located in the 7th Street area, is seeking an experienced transactional attorney to focus primarily on real estate, commercial and corporate transactions, construction and banking. Candidate must have a minimum of 5 years of experience and be able to work independently, but collaboratively in a team environment. Salary commensurate with experience. Benefits include health insurance, life insurance and 401(k). Submit resume to khbiz8390@yahoo.com.
Experienced Litigation Paralegal. Deans & Lyons, LLP., a Downtown Dallas Litigation Boutique Firm, is looking to hire a Litigation Paralegal with a minimum of 3-5 years of litigation experience for fast paced, mid-sized office. Strong knowledge of Microsoft Office, including Word, Outlook, Excel and PowerPoint, Adobe Pro is essential. Experience with WestLaw, LexisNexis and Tabs3 is also beneficial. This firm’s practice focus is civil litigation, both plaintiff’s personal injury / products and defense litigation. Practice experience in these areas is a requirement. Qualified candidates will be able to multitask and support multiple cases simultaneously. Candidates should have experience with billing and time entry, drafting legal documents, preparing discovery, including e-Discovery, records requests and review, redaction of documents, vetting experts, conducting background searches, mediation and trial preparation. Additionally, candidates must have a professional appearance and demeanor and be able to work in a confidential environment. Firm offers a competitive salary, paid health insurance, 401k, paid parking, paid vacation and bonus opportunities. Please forward resume with salary requirement and reference list to Robin Zornes at rzornes@deanslyons.com. Confidentiality guaranteed.
Medical Malpractice Defense Attorney. Thiebaud Remington Thornton Bailey LLP, a law firm specializing in medical malpractice defense and healthcare law, is seeking to hire an attorney with 1-3 years’ experience. Medical malpractice defense experience preferred. Send your resume to Christine Santosuosso, Adm. Mgr., Thiebaud Remington Thornton Bailey, 4849 Greenville Ave., Ste. 1150, Dallas, TX 75206 or e-mail to csantosuosso@trtblaw.com or fax to (214) 754-0999.
POSITIONS AVAILABLE
Paralegal Position. Small, long-standing downtown Dallas law firm seeking a conscientious team member to handle paralegal and legal assistant tasks including file organization, document production, spreadsheets, correspondence, timekeeping, and electronic court filings. Applicants must be eager to learn, detail-oriented, able to conduct professional level communica-
SERVICES
IT Support Services - Newell Technology Solutions, LLC is a boutique company providing a full range of IT support to select Dallas firms since 2002. Please contact us at (972) 231-8780 or info@ newellsolutions.com. 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.Professional AncestryResearch.com. Wanda Smith, (972) 836-9091. Immediate Cash Paid For Diamonds and Estate Jewelry. Buying all types of jewelry and high end watches. Consignment terms available @ 10-20 % over cash. For consultation and offers please call J. Patrick (214) 739-0089. To place an affordable classified ad here, contact Judi Smalling at (214) 2207452 or email jsmalling@dallasbar.org.
REVIEW OF OIL & GAS LAW XXXIII August 2-3 at Belo Register at www.reviewofoilandgaslaw.com
Presented by the DBA Energy Law Section
24 HAUG18_GoodFight-FINAL.pdf eadnotes l 1D a l l a2:26:42 s BPMa r A s s o ciation 7/13/2018
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