Dallas Bar Association
HEADNOTES
Focus Immigration/International Law
June 2018 Volume 43 Number 6
DBA Hosts Mock Voir Dire
Bar None XXXIII Presents Suemanji: Welcome to the Courthouse BY MICHELLE M. ALDEN
Thank you to the volunteers who helped make the Law Day Committee’s Mock Voir Dire a success. Held at the George Allen Courthouse on April 27 for more than 175 Dallas ISD students, the event addressed the Separation of Powers. Special thanks to event organizers Law in the Schools & Community Vice-Chair Mary Walters and Judge Martin Hoffman. The opening panel consisted of (left to right): Ms. Walters, United States Attorney’s Office; Michael Hurst, DBA President; Judge Hoffman, 68th District Court; John Bryant, former Congressman; Hon. Reed O’Connor, U.S. District Court; and Steve Fahey, USAO Criminal Chief.
Focus
Immigration/International Law
Crimmigration Update: Recent Changes BY JERED DOBBS
The Board of Immigration Appeals, the administrative appellate body for the nation’s immigration court system, has issued a number of noteworthy rulings within the last year touching on the immigration consequences of criminal convictions. It should be noted that the definition of a “conviction” for immigration purposes is considerably broader than the definition of a conviction under Texas law. The relevant provision of the United States Code defines a “conviction” for immigration purposes to include, among other things, findings of guilt by a judge or jury as well as pleas of guilty or no contest leading to deferred adjudication. Turning to the Board’s recent rulings, of particular interest to Texas attorneys is the Board’s September 2017 decision in Matter of Mohamed, a case dealing with the immigration effects of pretrial diversion agreements. Prior to Mohamed, many immigration judges considered pretrial diversion agreements to fall outside the United States Code’s definition of a “conviction” for immigration purposes, since they involve neither a finding of guilt nor (usu-
ally) a formal plea of guilty or no contest. Thus, these agreements gained a reputation for being a relatively safe option in terms of immigration consequences. However, in Mohamed, the Board reminded readers that the statutory definition of a “conviction” for immigration purposes also includes an alien’s admission of facts sufficient to warrant a finding of guilt. In Mohamed, the alien’s pretrial agreement in Liberty County, Texas included an admission of guilt “tethered to the facts and offense elements charged in the indictment.” The Board ruled that the document constituted an admission of facts sufficient to warrant a finding of guilt. Mohamed established that a Texas pretrial diversion agreement qualifies as a conviction for immigration purposes where the alien admits facts sufficient to warrant a finding of guilt at the time of entry into the agreement. Therefore, criminal defense attorneys must now exercise additional care before counseling clients to enter into any kind of pretrial agreement involving a stipulation of evidence, plea memo, admission of guilt, or other similar instrument
Join the cast and crew of Bar None June 13-16 as they present Bar None XXXIII – Suemanji: Welcome to the Courthouse. This is the 33rd year for the Bar None variety show and it promises to be the best show yet. Watch Dallas area lawyers and judges sing, dance, and make you laugh so hard your sides hurt. As much as the cast and crew love performing and making people laugh, their real motivation is to support the Sarah T. Hughes Diversity Scholarship program. The scholarship program was established in honor of U.S. District Judge Sarah T. Hughes, a former trustee of the Dallas Bar Foundation, who devoted herself to improving the rights of women and minorities. The Hughes Scholarship provides tuition and fees for deserving minority students each year. Students at SMU Dedman School of Law, UNT Dallas College of Law, and Texas A&M School of Law are eligible to apply for the scholarship. The Dallas Bar Foundation takes its responsibility for finding deserving recipients seriously. If you have ever met a Hughes
Scholar, you know how impressive these students are. Support them by coming to Bar None. Thousands of volunteer hours go into putting on such a large production each year. The hours come from lawyers all over the metroplex including 33-year veteran Director Martha Hardwick Hofmeister and Producer Tom Mighell, as well as the choreographers, script writers, committee members, actors, and numerous behind-the-scenes staff. All of these Bar Noners share a passion for making a difference in the lives of the Scholars, our legal community and, for a few hours, the audience members. Show your support for the Dallas legal community and the Hughes Scholars by heading to the Greer Garson Theatre on the SMU Campus June 13-16. To purchase tickets, visit www.barnoneshow.com, or contact Elizabeth Philipp at (214) 220-7487 or ephilipp@dallasbar. org for sponsorship and ticket information. HN Michelle Alden is the Director of the Dallas Volunteer Attorney Program and a Member of the Marketing Committee of the Bar None Production Company. She can be reached at aldenm@lanwt.org.
continued on page 10
Inside 12 Mock Trial Celebrates 40th Anniversary
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17 Pro Bono Golf Tournament 19 Risk Factors in Deals Involving Chinese Investors
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2 He a d n o t e s l D a l l a s B a r A s s o ciation
June 2018
Calendar June Events FRIDAY CLINICS
JUNE 1-BELO Noon
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
“Business Interference & Disparagements Torts,” Ira Bowman. (MCLE 1.00)* RSVP to yhinojos@dallasbar. org.
JUNE 8-NORTH DALLAS** Noon
“10 Things Mediators Need to Tell You,” John DeGroote and John Shipp. (MCLE 1.00)* Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Fox Rothschild LLP. RSVP to yhinojos@dallasbar.org.
JUNE 15-BELO Noon
“Fourth Amendment & Electronic Surveillance,” Brian Owsley. (MCLE 1.00)*
JUNE 22-OAK CLIFF CLINIC Noon
“Common Malpractice Traps and Ways to Avoid Them,” Robert Tobey. (Ethics 1.00)* Oak Cliff Chamber of Commerce, 1001 N Bishop Ave, Dallas. RSVP to yhinojos@dallasbar.org.
FRIDAY, JUNE 1 Noon
Friday Clinic-Belo “Business Interference & Disparagements Torts,” Ira Bowman. (MCLE 1.00)* RSVP to yhinojos@ dallasbar.org.
Summer Associates Pro Bono Luncheon RSVP to vallejod@lanwt.org. (MCLE 1.00)* Sponsored by DVAP and the DBA Pro Bono Activities Committee.
MONDAY, JUNE 4 Noon
Tax Law Section “Texas in Review: The Twists and Turns of Texas Taxation,” David Colmenero and Alex Pilawski. (MCLE 1.00)*
Senior Lawyers Committee
American Immigration Lawyers Association CLE
5:30 p.m. Bankruptcy & Commercial Law Section “Debtor Insights into the Consumer Bankruptcy Process,” Hon. Harlin Hale and Gwendolyn Hunt. (MCLE 1.00)*
THURSDAY, JUNE 7 Noon
Noon
Corporate Counsel Section “Legal, Ethical & Privacy Risks to Lawyers Who Have Their Data in the Cloud,” Peter Vogel. (Ethics 1.00)* Legal History Discussion Group “The Restoration of Atticus Finch AND a Lesson in Civil Discourse from Harper Lee,” Talmage Boston. (Ethics 1.00)*
Tort & Insurance Practice Section Topic Not Yet Available
DVAP Consumer Law CLE “Handling the Consumer Case Pro Bono and a Few Other Tips to Help DVAP Clients,” Joseph Cox. (MCLE 1.00)*
Lawyer Referral Service Committee
6:00 p.m. DAYL Board of Directors Meeting
WEDNESDAY, JUNE 6 Noon
Employee Benefits & Executive Compensation Law Section Topic Not Yet Available Solo & Small Firm Section “How Social Media Affects Lawyers, Judges and Juries: Tips to Avoid Disaster,” Robert Tobey. (Ethics 1.00)*
Family Law Section Board Meeting DBA/DAYL Moms in Law Lunch At Public School-Addison (4854 Montfort Dr., Dallas). RSVP christine@connatserfamilylaw.com.
FRIDAY, JUNE 8
TUESDAY, JUNE 5 Noon
Construction Law Section “Avoiding the Unauthorized Practice of Law (Best Practices in the use of Paralegals and Legal Assistants),” Nicole LeBoeuf. (Ethics 1.00)*
North Dallas Friday Clinic “10 Things Mediators Need to Tell You,” John DeGroote and John Shipp. (MCLE 1.00)* Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Fox Rothschild LLP. RSVP to yhinojos@dallasbar.org.
Trial Skills Section “How to Step Into Your Power in Front of a Jury,” Cathryn Hartt. (MCLE 1.00)*
Minority Clerkship Luncheon Learn about the broad range of opportunities in Dallas. Speakers: Dean Jennifer Collins, Meyling Ly Ortiz, Mandy Price, Cynthia Sutherland, and Victor Vital. RSVP to bavina@dallasbar.org.
MONDAY, JUNE 11 Noon
ADR/Collaborative Law Sections “Advanced Negotiation Skills Workshop,” Tom Noble. (MCLE 1.00, Ethics 0.50)*
Courthouse Safety & Public Safety Forum “Active Shooter Presentation for Attorneys,” Sgt. Michael Monnig. (MCLE 1.00)* At Frank Crowley Courthouse (133 N. Riverfront Blvd.) Food Trucks available for lunch purchase. RSVP vmejia@ dallasbar.org.
Real Property Law Section Topic Not Yet Available Peer Assistance Committee
State of the State Bar CLE “Trey Apffel, SBOT Executive Director, and Tom Vick, SBOT President.” (MCLE 1.00)*
Juvenile Justice Committee
Noon
DAYL Judiciary Committee
DAYL Continuing the Conversation: Where Have All the Women Lawyers Gone?
TUESDAY, JUNE 12
Business Litigation Section “Rule 166 Pretrial Conferences – Trial and Appellate Issues,” Craig T. Enoch, Chrysta Castaneda, David Coale, and Justice David Schenck. (MCLE 1.00)* Legal Ethics Committee
Bring Your Summer Clerks to Belo Learn about the broad range of opportunities in Dallas.
Summer Associates Pro Bono Luncheon (MCLE 1.00) Friday, June 1, at Noon. RSVP to vallejod@lanwt.org Speakers: Bawaz Bham, Andrea Broyles, Jack Fan, and Michael Hurst
Minority Clerkship Luncheons
Friday, June 8, and July 6, at Noon. RSVP to bavina@dallasbar.org June 8 Speakers: Dean Jennifer Collins, Meyling Ly Ortiz, Mandy Price, Cynthia Sutherland, and Victor Vital
Public Forum/Media Relations Committee
International Law Section “Trade Secrets and Mergers & Acquisitions in Europe – What’s In It for the U.S. Practitioner Working Internationally?” Andreas Lohbeck and Dirk Loycke. (MCLE 1.00)*
Law in the Schools & Community Committee
Pro Bono Activities Committee
DAYL/DWLA Women’s Mentoring Circle Non-Profit Law Study Group
WEDNESDAY, JUNE 13
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group Noon
Family Law Section “Best Courtroom Practices Regarding Ad Litem Work,” Hon. Regina Moore. (MCLE 1.00, Ethics 0.25)*
Admissions & Membership Committee
Bench Bar Conference Committee
5:15 p.m. LegalLine. Volunteers needed. Contact sbush@ dallasbar.org.
DAYL Freedom Run Committee
DAYL Lunch & Learn CLE
12:15 p.m. DVAP Probate Law CLE “Video presentation of the 2017 Role/ Responsibilities of an Attorney Ad Litem and Guardian Ad Litem in the Probate Courts.” (MCLE 4.00, Ethics 1.00)* To RSVP, contact reedbrownc@lanwt.org. 5:15 p.m. LegalLine. Volunteers needed. Contact sbush@ dallasbar.org. 7:30 p.m. Bar None XXXIII: Suemanji at Greer Garson Theatre, SMU Campus. www.barnoneshow.com.
THURSDAY, JUNE 14 Noon
Government Law Section Topic Not Yet Available
Minority Participation Committee “How Not To Look Stupid in Court - A View From The Bench,” Hon. D’Metria Benson, Hon. Tina Yoo Clinton, Hon. Dominique Collins, Hon. Graciela Olvera, Hon. Monica Purdy, and Audrey Moorehead, moderator. (MCLE 1.00, Ethics 0.50)*
Transition to Law Practice Program “Secrets of Success: What I Wish I’d Known as a Younger Lawyer?” Kirsten Castaneda, Kathryne “Kate” Morris, and Justice Doug Lang. (Ethics 1.00)*
CLE Committee
Publications Committee
Christian Lawyers Fellowship
3:30 p.m. DBA Board of Directors Meeting 6:00 p.m. JLTLA Board of Directors Meeting 7:30 p.m. Bar None XXXIII: Suemanji at Greer Garson Theatre, SMU Campus. www.barnoneshow.com.
FRIDAY, JUNE 15 Noon
Friday Clinic-Belo “Fourth Amendment & Electronic Surveillance,” Brian Owsley. (MCLE 1.00)* RSVP to yhinojos@ dallasbar.org.
8:00 p.m. Bar None XXXIII: Suemanji at Greer Garson Theatre, SMU Campus. www.barnoneshow.com.
SATURDAY, JUNE 16
8:00 p.m. Bar None XXXIII: Suemanji at Greer Garson Theatre, SMU Campus. www.barnoneshow.com.
MONDAY, JUNE 18 Noon
Labor & Employment Law Section “Employee Use of Prescription Opioids and Medical Marijuana—Legal Considerations Under the ADA, FMLA, and Drug Testing Laws,” Lindsay Hedrick. (MCLE 1.00)*
TUESDAY, JUNE 19
THURSDAY, JUNE 21 Noon
Appellate Law Section “Appeals and Arbitration,” Dan Boyd. (MCLE 1.00)*
Minority Participation Committee
Christian Legal Society
DAYL Animal Welfare Committee
Dallas LGBT Bar Association
Dallas Women Lawyers Association CLE
1:00 p.m. DWLA Board Meeting
FRIDAY, JUNE 22 Noon
Oak Cliff Friday Clinic “Common Malpractice Traps and Ways to Avoid Them,” Robert Tobey. (Ethics 1.00)* Oak Cliff Chamber of Commerce, 1001 N Bishop Ave, Dallas. RSVP to yhinojos@dallasbar.org. Intellectual Property Law Section Topic Not Yet Available Federal Bar Association/Judiciary Committee “Judiciary Appreciation Luncheon,” Panel discussion led by Chief Judge Barbara M.G. Lynn. (MCLE 1.00)* Register online by June 15 at www. txnd.uscourts.gov/news/free-cle-0
MONDAY, JUNE 25
11:00 a.m. Naturalization Ceremony at Belo Join us as we host a U.S. Naturalization Ceremony at the Belo Mansion. Presiding Judge: Hon. Barbara M.G. Lynn. RSVP to yhinojos @dallasbar.org. Noon
Securities Section Committee “Trends in Securities Litigation – 2017,” Vanessa Beckstrom, Saleema Damji, Olivia Howe, and Kelly Vickers. (Ethics 1.00)*
DAYL Membership Committee
TUESDAY, JUNE 26 Noon
Antitrust & Trade Regulation Section Topic Not Yet Available
Morris Harrell Professionalism Committee
DAYL Lawyers Promoting Diversity Committee
American Immigration Lawyers Association
DAYL Get Involved Luncheon
WEDNESDAY, JUNE 27 Noon
Entertainment, Arts & Sports Law Section “The Future of Blockchain in Music and Entertainment,” Kenneth Martin. (MCLE 1.00)*
DAYL Equal Access to Justice Committee
DAYL Foundation Board Meeting
Noon
Blockchain Law Study Group “Tokenized Prepaid Programs: A Comparison of Traditional and Cryptocurrency Programs,” Ernest Simons. (MCLE 1.00)*
DAYL Lawyers Against Domestic Violence Program
DVAP New Lawyers Luncheon. RSVP to reedbrownc@lanwt.org.
Franchise & Distribution Law Section Topic Not Yet Available
Municipal Justice Bar Association
Immigration Law Section “Writs and Immigration Practice Beyond Immigration Court,” Jered Dobbs. (MCLE 1.00)*
6:00 p.m. Dallas Hispanic Bar Association
WEDNESDAY, JUNE 20 Noon
Energy Law Section Topic Not Yet Available
Health Law Section “False Claims Act Update: a Discussion of the Latest Federal False Claims Act Cases Handed Down by Various Courts and Their Implication,” Jeremy Kernodle and Nicole Somerville. (MCLE 1.00)*
THURSDAY, JUNE 28 Noon
Criminal Law Section Topic Not Yet Available
Environmental Law Section “Clean Water Act Section 404 Stream and Wetland Mitigation,” C. Keith Bradley. (MCLE 1.00)*
DAYL CLE Committee
FRIDAY, JUNE 29 Noon
DAYL Deal Bootcamp Committee
DBA/DAYL Moms in Law Lunch At Neiman Marcus Downtown. RSVP christine@ connatserfamilylaw.com.
If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Alicia Hernandez at (214) 220-7401 as soon as possible and no later than two business days before the seminar. All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION. *For confirmation of State Bar of Texas MCLE approval, please call Grecia Alfaro at the DBA office at (214) 220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact yhinojos@dallasbar.org.
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D al l as Bar A ssoci ati on l Headnotes 3
4 He a d n o t e s l D a l l a s B a r A s s o ciation
June 2018
President’s Column
Headnotes
Removing the Stigma of Mental Illness in the Legal Profession BY MICHAEL K. HURST
Effective leaders share their vulnerabilities as well as their strengths. This often serves as a model for making opportunity out of crisis. Additionally, it depicts that the human condition is a thread that joins us in the fabric of life. According to renowned academic psychiatrist, Nassir Ghaemi, MD MPH, for every challenge a mental illness poses, there is a corresponding strength it breeds in those suffering from it. Ghaemi has written lectures and books correlating mental illness amongst the greatest leaders in history. Lawyers do a great job of keeping addiction and mental illness a secret. They will work from home, put on happy faces, but there are almost always signs from those who know us best. Messy desks, post-it notes all over the walls, isolation, increased distractibility, and short tempers have all been known to sometimes be signs of some mental affliction. On April 6, New York lawyer, Lisa Smith, author of A Girl Walks Out Of A Bar spoke to the DBA about personal examples from her life and career. The practice of law is incredibly rewarding and provides stimulation and an adrenaline rush. I often say that I, as a wannabe actor and athlete, view trial and much of litigation as a perfect outlet. But the excitement and adrenaline comes with a price. The legal profession puts a tremendous amount of pressure on us to succeed and trump our colleagues. It begins in law school, when there are only a small percentage of students who will make law review, make the moot court team and Order of the Coif, and get the best interviews and jobs. Demands of clients, partners and sometimes uncivil opposing counsel can often make the practice of law a zero-sum game: win or else. We can feel we are only as good as our last case or victory. Sometimes I feel this pit in my stomach and my heart feels like it is going to come out of my chest. I often feel overwhelmed, and find that I am devoid of joy or anything to look forward to. By saying this, I am not repeating an ad on CNN for the latest pharmaceutical for anxiety and depression—I am talking about myself. If you think I am being cathartic by making this self-disclosure, I am. This year, the Dallas Bar Association and our Peer Assistance Committee are working hard to take the taboo out of talking about mental illness. We recognized mental health month in May by presenting multiple programs on mental health and dedicating the May issue of Headnotes to peer assistance and the personal stories revealed by several of our members. Our Peer Assistance Chair, Terry Bentley Hill, has been extraordinary in leading the charge this year. Terry tells us “Our profession is at a crossroads as we face the hard cold facts that attorneys are struggling with mental health issues, substance abuse issues, and suicide ideation at rates that are beyond alarming. These issues eclipse any other challenges facing attorneys considering the number of attorneys who are suffering and the effect it has on performance quality and job satisfaction. The goal is to shatter the shame stigma and rethink best practices for attorneys who need help. Studies show that the most efficacious recovery begins with acknowledging the issue and seeking recovery.” Kelly Rentzel, General Counsel of Texas Capital Bank, cou-
rageously spoke to the DBA about her struggles with depression and bipolar disorder. She tells us “Lawyers have long been on the vanguard of social issues, and mental health is no exception. This year, the DBA, thanks to its strong leadership, has shared groundbreaking personal stories of loss, hope, and recovery—in addition to providing a rich peer-to-peer support network. Other professionals are taking note. The head of the Mood Disorders Clinic at UT Southwestern was astounded to hear of our support groups, and I will be telling my bipolar story, first presented to a DBA audience, in a ‘grand rounds’ presentation in May. You heard it right: a lawyer has been asked to tell doctors to go to the doctor.” Lawyers in Dallas and across the State have been telling their personal stories and passionately advocating for others to do the same at the Belo and in numerous legal publications. One attorney discussed what Ghaemi had chronicled about Abraham Lincoln frequently overcoming depression to make lifechanging decisions for an entire nation. Another lawyer at a prominent trial firm noted that a recognized Johns Hopkins study found that lawyers are more likely to suffer from depression than any other profession. He confessed the fear that many of us have felt that admitting anxiety and depression to colleagues would make us appear incapable or unproductive. But mental illness is in fact an illness like any other illness and it deserves to be recognized and treated as such without fear of stigmatization. DBA member Michelle Staubach Grimes states “Mental illness and depression are debilitating diseases that one can’t understand unless they’ve lived through the illnesses and battled them day in and day out. It’s so important that we talk about these illnesses and remove the stigma attached to them so people suffering will get help. If people get the right help I believe we can prevent many suicides and help those suffering return to a normal healthy life.” What can be done? Ms. Bentley-Hill states “Think of recovery as a 3-legged-stool: 1) Medication (if needed), 2) Cognitive Therapy, and 3) Peer Support. This journey is not an isolated one as many of your colleagues are on the same path. It is time to take a stand against the misunderstanding/misperception/mischaracterization of proper self-care, so we can literally save lives and better the profession.” My mother, Adele Hurst, PhD has been my lifelong role model. As a psychologist, she helped me see that getting help from professionals is not taboo, but part of life. Now that our colleagues are coming forward, we will better see that many of the lawyers that lead our profession and who enjoy objective success are suffering, but are willing to seek help. The legal profession is amongst the noble, and nothing is more conducive to a life of leadership and advocacy than being a lawyer. We are an esteemed fraternity/sorority. We take care of each other. And for those of us in our profession who suffer from depression or substance abuse, the DBA wants to help. That’s who we are. Let us know what we can do to help. I look forward to visiting with you. Michael
The Second Annual Naturalization Ceremony Hosted by The Dallas Bar Association at the Belo Mansion
Presided by
Chief Judge Barbara M. G. Lynn
Monday, June 25, 2018 Space is limited. Please RSVP to: sevans@dallasbar.org
11:00 a.m.
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, Zaporra Gonzales, Andrew Musquiz, 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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D al l as Bar A ssoci ati on l Headnotes 5
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Focus
June 2018
Immigration/International Law
Ethical Considerations When Working with Vulnerable Clients BY AMANDA DOOM AND MARCELA EVANS
We all hail from different backgrounds and have different stories that shaped us into the resourceful advocates we are today. Somewhere along the line, some may have heard the term “vulnerable population.” This colloquial term can have a number of meanings, so it is important to define it here. First, who is a member of a “vulnerable client population?” We identify this population as crime victims, children, elderly, lowincome, without access to education, individuals distrustful of governments as a result of the conditions in their home country, limited English speakers, or disabled individuals. Essentially, most of our immigrant clients have attributes that make them members of a “vulnerable population.” “Shoot, you just told me all clients are vulnerable! What is an attorney to do?” Even with the most solid of cases, immigration law is complex and dynamic and often involves ethical problems that require more analysis. Here are two common ethical situations. 1) How do I ethically represent a minor child? Start with communication. Texas Rule 1.03 is simple: tell the client when
things change and make sure they understand it. Regular communication and updates are necessary. Go beyond returning calls. Explain case status in the client’s native language, and at their education level. What if I only represent the child, but the adult is the one who contracted for my services and pays my bill? You still have to communicate with the child. Remember: the minor is your client—NOT the adult. Remind the adult you must have access to the child. Your obligation is to act in the child’s stated interest, even if that differs from the adult’s. During your first meeting, talk with the child one-on-one. Explain the limits of your representation at time of signing the contract; take time to clearly explain who your client is and specifically who is not. 2) What if a client or potential client has no legal options; what can I tell them about staying in the United States? INA §274(a)(1)(A)(iv) prohibits inducing or encouraging an alien to enter or reside in the United States illegally and includes potential criminal penalties for providing advice to a person who is unauthorized to remain in the United States. If no relief is available and a client decides to remain in
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the United States, you cannot provide your client with advice on how to avoid detection by the government. To do so violates ethics rules against counseling a client to engage in conduct the lawyer knows is criminal or fraudulent. You must advise them to notify the appropriate agencies when the client moves. If your client has an upcoming hearing, you cannot tell them to simply not attend because there is no relief available. This advice will likely result in a removal order and you would be held responsible for providing ineffective legal assistance. Willful failure to register is also a misdemeanor offense for the client and an ethical violation because, you have advised your client to violate the law. Comment 9 to ABA Model Rule 1.2(d) prohibits an attorney from knowingly counseling or assisting a client to commit a fraud but does not preclude the lawyer from giving an honest opinion about the actual consequences that appear likely to result from the client’s conduct. If your client then uses your honest opinion in a course of action that is criminal or fraudulent, the lawyer is not a party to the crime or fraud. There is a critical distinction between presenting an analysis of legal aspects of questionable conduct and recommending the means by which crime or fraud may be committed with impunity. In fact, a recent 5th Circuit decision clarifies that the State cannot prosecute its residents for renting property or providing social services to illegal immigrants under Texas State Harboring Statutes. (Cruz v. Abbott, 849 F.3d 594 (2017). The analog to attorney advice is clear. But what if I know the client’s status has already expired? Never fear, for visa overstay is neither “criminal” nor “fraudulent” conduct. While an entry without inspection is a misdemeanor crime, ongoing presence is
not criminal. You, ethical attorney, are not assisting in an ongoing crime. Unlawful presence is an infraction under civil immigration statutes; it is neither criminal nor fraudulent. See INA §275. What if the client has a removal order? Is it an ethical violation to let them walk out of my office without contacting ICE? Short answer: No. It is true that under section 243 of the Immigration and Nationality Act (INA), it is a felony to remain in the United States after receiving a removal order. As noted above, you cannot advise your client to engage in criminal conduct. It is important to note, however, that an undocumented non-citizen may eternally hope to gain legal status (i.e. their U.S. citizen child may turn 21 or they may be placed in removal proceedings and be eligible for cancellation of removal). Therefore, a lawyer ought not be sanctioned under Model Rule 1.2(d) or its state analog for advising individuals who are not in valid immigration status in the United States. In general, you should thoroughly screen for relief and refer for a second opinion if needed. Refrain from expressly advising or encouraging your client to remain in the United States in violation of the law. You may empower your client with the risks and potential benefits of staying without legal status through legal analysis. Always refer back to the limitations of your representation. Although immigration law is complex, you owe a duty to be competent in your representation. Part of competency is seeking competent advice. If you have questions, the ethical thing to do is ask for help. HN Amanda Doom is an attorney at Belinda Arroyo Law Office, PLLC and Marcela Evans is an attorney at Human Rights Initiative of North Texas. They can be reached at adoom@arroyolawoffice.com and mevans@hrionline.org, respectively.
DBA Celebrates Law Day
On May 4, local judiciary and attorneys attended the 2018 Law Day Luncheon at which Congressmen Pete Sessions and Marc Veasey, were the keynote speakers, addressing the Law Day topic “Separation of Powers: Framework for Freedom.” Congressmen Veasey (left) and Sessions (right) are shown with DBA President Michael K. Hurst.
In addition to awards presented to the winners of the Law Day Dallas ISD art and essay contests, DAYL presented awards for Outstanding Young Lawyer (Alexandra Guio), Outstanding Mentor (Kathryne “Kate” Morris), and the Liberty Bell Award (Cherie Harris). Recipients are shown with Charles Gearing, DAYL President-Elect (left) and Jennifer Ryback, DAYL President (right).
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D al l as Bar A ssoci ati on l Headnotes 7
2018
Sasha Monik Moreno Associate Attorney
Monica Lira Bravo Managing Attorney
Jenna Carl Jabara Associate Attorney
Lira Bravo Law, PLLC specializes in family based visa petitions, citizenship, deportation
and removal defense in the Dallas Immigration Court, appeals to the Board of Immigration Appeals, asylum, special immigrant juvenile status, waivers, deferred action and other humanitarian forms of relief.
UPTOWN:
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T: (214) 390-6294 F: (214) 237-5939
Monica Lira Bravo is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization and is the owner and managing attorney of Lira Bravo Law, PLLC.
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8 He a d n o t e s l D a l l a s B a r A s s o ciation
June 2018
2018 DBA 100 CLUB - Get on the LIST! The Dallas Bar Association would like to recognize the following firms, government agencies, organizations/schools and corporate legal departments for their support of the DBA along with their commitment to the advancement of the legal profession and the betterment of the community. The DBA 100 Club is a distinguished membership recognition category that consists of Firms, Law Schools, Organizations and Government agencies with two or more attorneys as well as corporate legal departments that have 100% membership in the DBA. Recognition is given to the 2018 DBA 100 Club members in our June, July and August Headnotes and at our Annual meeting in November. Not a DBA 100 Club member yet? This is the perfect time to encourage your newly hired attorneys to join the DBA and take advantage of our many member benefits—such as 400 FREE CLE programs including 6 hours of online CLE access each year, networking opportunities, community projects and many other member benefits as well as the opportunity to qualify for the DBA 100 Club. Please note that the DBA 100 Club is open for renewal annually to every firm. We do not automatically renew a firm’s membership due to changes in firm rosters from year to year. How do you get on the list? To become a 2018 DBA 100 Club member, please submit your request via email and include a list of all lawyers in your Dallas office to Kim Watson, kwatson@dallasbar.org. We will verify the list with our member records and, if eligible, we will add your firm to the 2018 DBA 100 Club! If we receive your qualifying list by June 5th, your firm will be included on the July and August DBA 100 Club recognition list in Headnotes.
Send in your list TODAY! DBA 100 Club Members as of May 15, 2018 Law Firms with 2 to 5 Attorneys A. William Arnold III & Associates, P.C. Ackerman & Ramos, L.L.P. Adair, Morris & Osborn, 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 & BaxterThompson, PLLC Carlock & Gormley Chen Dotson, PLLC Christiansen Davis LLC Clark, Malouf & White, LLC Davenport & Epstein, P.C. Duke Seth, PLLC Edwards & de la Cerda, L.L.C. Fisher & Welch, P.C. Fuller Mediations Gauntt Koen Binney & Kidd, LLP Gillespie Sanford LLP Goldfarb PLLC Griffith Barbee PLLC Grogan & Brawner 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 Johnston Tobey Baruch, P.C. Kellett & Bartholow PLLC Langley LLP Law Office of Andrew & Mark Cohn Law Office of Jodi McShan, PLLC Law Offices of Maduforo & Osimiri Law Offices of Terrence G. Turzinski, P.C. Lidji Dorey & Hooper Little Pedersen Fankhauser LLP Madson Castello, PLLC Malouf & Nockels LLP Marshall & Kellow, LLP Mincey-Carter, PC Okon Hannagan, PLLC Olson Nicoud & Gueck, L.L.P. Peeples & Kohler, P.C. Perry Law P.C. Prager & Miller, P.C. Quaid Farish, LLC RegitzMauck PLLC Russell & Wright, PLLC Schubert & Evans, P.C. Shamieh Law PLLC Sheils Winnubst, PC Smith, Stern, Friedman & Nelms, P.C. The Swartz Law Firm, PLLC Turton & Pinkerton, 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
Exclusive. (But here for all.) TLIE is now the State Bar’s only Preferred Provider of lawyers’ professional liability insurance.
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. 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 DeHay & Elliston, L.L.P. Estes Thorne & Carr PLLC Figari & Davenport, L.L.P Godwin Bowman & Martinez PC Guida, Slavich & Flores, P.C. Hankinson LLP Hedrick Kring, PLLC Hiersche, Hayward, Drakeley & Urbach, P.C. Hoge & Gameros, L.L.P. Key Harrington Barnes PC KoonsFuller Malouf Nakos Jackson & Swinson, P.C. McCathern, PLLC 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 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 Klein Tools, Inc. LALA U.S., Inc. Tenaska, Inc. Government Agencies, Organizations & Law Schools City of Irving Dallas Baptist University Dallas County Probate Court Mosaic Family Services Inc. UNT Dallas College of Law Special Recognition Students of the UNT Dallas College of Law
June Friday Clinics Friday, June 1, Noon at Belo “Business Interference & Disparagements Torts,” Ira Bowman | MCLE 1.00 Friday, June 8, Noon at Two Lincoln Centre (5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240) “10 Things Mediators Need to Tell You,” John DeGroote & John Shipp | MCLE 1.00 Thank you to our sponsor Fox Rothschild LLP. Friday, June 15, Noon at Belo “Fourth Amendment & Electronic Surveillance,” Brian Owsley | MCLE 1.00
OVER 38 YEARS SUPPORTING TEXAS LAWYERS
TLIE.org / info@tlie.org / (512) 480-9074
Friday, June 22, Noon at Oak Cliff Chamber of Commerce (1001 N. Bishop Ave., Dallas) “Common Malpractice Traps and Ways to Avoid Them” Robert Tobey | Ethics 1.00 RSVP to yhinojos@dallasbar.org.
HN_Best Lawyers 2018- REVISED.pdf 1 5/9/2018 4:48:35 PM
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D al l as Bar A ssoci ati on l Headnotes 9
10 H e a d n o t e s l D a l l a s B a r A s s ociation
Focus
June 2018
Immigration/International Law
Workplace Enforcement: Employment Immigration Compliance BY ELVIA MUNOZ
Under the Immigration and Nationality Act (INA), employers must verify the identity and employment eligibility of all individuals hired in the United States. This verification, required since 1986, is documented via Form I-9, Employment Eligibility Verification. Recent years have brought record-high federal enforcement efforts consisting of employment eligibility audits of Form I-9 records. In 2017, Immigration and Customs Enforcement (ICE) conducted 1,360 Form I-9 audits. Businesses were ordered to pay $7.8 million in civil fines and $97.6 million in judicial forfeiture, fines and restitution. Employers are also subject to criminal penalties, including prison time, should the government find a pattern or practice of hiring, recruiting or referring (for a fee) unauthorized workers.
Additionally, while federal immigration laws only require employers to complete Form I-9s for employees, a business may be held liable if its independent contractors are unlawfully employing undocumented workers and the company either knew or should have known of its contractor’s hiring practices. The I-9 audit process is initiated by issuance of a Notice of Inspection (NOI) to a business. Employers must generally produce the Forms I-9 within three days. ICE may also seek supporting employee verification documentation and other company records such as payroll and employee lists and assorted corporate documentation (e.g., articles of incorporation, business licenses, etc.). ICE agents or auditors then review the Forms I-9 for compliance. Civil fines for substantive and technical violations on the Form I-9 (e.g., not completing the Form I-9
Sign up to Volunteer at the DBA Community Day of Service Saturday, October 20, 2018 A day of community service hosted by the DBA’s Community Involvement Committee. For more information, visit www.dallasbar.org/dbacommunitydayofservice. If your firm or group has an idea for a project that you would like to organize, please contact csmith@chfirm.com, nishabyers@cooperscully.com, or
kzack@dallasbar.org.
within the required time) range from $220 to $2,191 per form, with repeat offenders receiving penalties at the higher end of the range. The government’s finding of ‘knowing hire’ or ‘continued employment of unauthorized workers’ can result in fines from $548 to $21,916 per violation and/or debarment by ICE. If debarred, an employer will be prevented from participating in future federal contracts and from receiving other government benefits. In determining the penalty, ICE considers the following five factors: (1) size of the business, (2) good faith effort to comply, (3) seriousness of violation, (4) whether the violation involved unauthorized workers, and (5) history of previous violations. Companies should follow these rules to remain compliant with employment eligibility verification laws: A Form I-9 must be completed for all employees hired after November 6, 1986, whether they are U.S. or foreign nationals. Employees should complete section 1 of Form I-9 on the date of hire, and the employer should complete section 2 no later than three business days after section 1 is completed. The most recent version of Form I-9 should be used (note: employers should regularly check U.S. Citizenship and Immigration Service’s website for the most up-todate version of the form). Employees must be given the opportunity to present the documents of their choosing for verification from the listing included on the Form I-9. An employee must present either one document from List A, or, one document from each List B and List C. The employer is legally obligated to accept facially valid documents.
Employers must re-verify work authorization for workers with temporary work authorization. Documents presented to verify only identity (e.g., driver’s license) and certain documents presented to verify both identity and work authorization (e.g., U.S. passport and Permanent Resident Card) do not need to be re-checked upon expiration. However, documents presented to verify only work authorization for a limited duration (e.g., an Employment Authorization Document (EAD)) should be re-checked at expiration time. During re-verification, employees should again be offered a choice of List A or List B and List C documents to present. Completed Forms I-9 must be retained for the duration worker’s tenure at the company and one year thereafter, or for three years from the date of hire, whichever is later. While Form I-9 records should be purged once the mandatory retention period has run, employers may not do so upon the issuance of a NOI. While subscription to E-Verify (i.e., the government’s web-based electronic employment verification system which compares information against records available to the Social Security Administration and Department of Homeland Security) is optional for most employers, federal contractors and certain subcontractors are required to use E-Verify to confirm employment eligibility of newly hired workers and existing employees working on qualifying federal contracts. Employers must continue completing and maintaining Form I-9 for employees, even if participating in E-Verify. HN Elvia Munoz is an associate with Munsch Hardt Kopf & Harr PC. She can be reached at elviamunoz@munsch.com.
Crimmigration Update: Recent Changes CONTINUED FROM PAGE 1
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that could be sufficient to warrant a finding of guilt. Immigration and criminal practitioners should also review the Board’s February 2018 decision Matter of Siniauskas regarding the treatment of DUI offenses in immigration bond proceedings. To be granted bond in deportation proceedings, an alien must satisfy the immigration judge that he or she is not a danger to the community or a flight risk. In determining whether an alien is a danger to the community, the judge may consider convictions as well as arrests not leading to conviction. DUIs have certainly never been viewed favorably in immigration court. However, since there has never been a uniform rule for the treatment of DUIs in immigration bond proceedings, immigration judges have afforded the offense varying levels of adverse discretionary weight. That stands to change with the Board’s decision in Siniauskas, which held that driving under the influence is “a significant adverse consideration” in determining whether an alien is a danger to the community. Siniauskas is notable because it represents the first time the Board has mandated that DUIs be accorded a certain (i.e. “significant”) level of adverse discretionary weight in immigration bond proceedings. The case theoretically paves the way for immigration judges so inclined to deny immigration bond for even a single DUI offense, offering them precedential legal grounds for doing so. For criminal counsel, Siniauskas elevates the importance of seeking alternatives to DUI convictions whenever pos-
sible when representing undocumented immigrants. Finally, in April 2018 the Board issued Matter of Marquez Conde, relating to whether a vacated conviction remains valid in the Fifth Circuit for immigration purposes. The United States Code section defining “conviction” for immigration purposes is silent as to the effect of a vacated conviction. In 2002, the Fifth Circuit issued Renteria-Gonzalez v. INS, interpreting the statute to mean that a vacated conviction remains valid for immigration purposes regardless of the reason for the vacatur. In 2003, the Board issued Matter of Pickering, interpreting the same statute to mean that a conviction vacated for substantive or procedural defects in the underlying proceeding is invalidated for immigration purposes, but a conviction vacated for rehabilitative or immigration purposes remains. The Board acknowledged Renteria, but declined to follow it outside the Fifth Circuit. In Marquez Conde, the Board determined that Chevron and Brand X permit it to break with Renteria’s prior judicial construction of the statute and to apply its own interpretation of the term “conviction” from Pickering even within the Fifth Circuit. After Marquez Conde, aliens in the Fifth Circuit who might otherwise have been foreclosed from certain forms of immigration relief due to a criminal conviction may now be eligible for such relief if their conviction has been vacated for a substantive or procedural defect in the criminal case. HN Jered Dobbs is a solo immigration practitioner. He can be reached at jdobbs@dobbsimmigration.com.
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D al l as Bar A ssoci ati on l Headnotes 11
12 He a d n o t e s l D a l l a s B a r A s s ociation
June 2018
High School Mock Trial Celebrates 40 Years! The History of the Texas High School Mock Trial Competition BY JUDY YARBRO
In an effort to better engage the nation’s youth in the law, many law-focused education programs began through- out the country in the 1970s. In Texas, one such program came to be known as Law in a Changing Society, a curriculum for elementary, junior, and senior high school classrooms. One of the activities was a mock trial, conducted in high school classrooms in the Dallas Independent School District. The classroom mock trial was such a success that in 1979, a citywide competition was conducted by the Dallas Bar Association’s Law in a Changing Society Committee (now the Mock Trial Committee) and DISD. The positive responses of students, educators, and attorneys alike prompted the Dallas Bar Association to organize a competition on the state level; and in June 1980, four teams participated in the first statewide competition. There is no doubt that Texas was on the cutting edge of state mock trial competitions and in the ensuing years was instrumental as a resource and model for other state tournaments. Program alums have gone on to become everything from attorneys to state senators, doctors, and teachers—many now coaching mock trial! Throughout the life of the program, the Texas High School Mock Trial Competition has touched more than 250,000 high school students across Texas, and awarded over $400,000 in scholarships
throughout the state in district and regional tournaments and at the state finals. This year over 850 attorneys and law students volunteered for the program as either coaches or judges statewide. We partnered with 45 organizations including 18 local bar associations. In 2019, the Texas High School Mock Trial Competition marks its 40th year and the Dallas Bar Association continues to be the proud sponsor of the program. Here’s how it happened in Texas:
1979
DISD city-wide competition held; first in the nation. Among the top winning teams of the competition was the Transportation Magnet. It was inspiring to the attorneys to see the development of the students who participated in mock trial, even when the students were not drawn from a forensic background or class.
1980
The success of Dallas ISD competition led to the idea of a state-wide competition (among the first in the nation); teams composed of 4-6 students prepare both sides of an original and hypothetical case drafted by DBA attorneys. This year marked the 1st Annual Statewide competition which was held in June; four teams were invited to participate. One of those teams was Amarillo High School. The attorney coach was Nancy Garms for whom the State Bar Award for Law Related Education was named.
1981
Offices for the statewide program were opened at the DBA headquarters; District competitions held throughout the state, 17 winning teams advanced to the state tournament; program
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was recognized with the prestigious State Bar of Texas Award of Merit.
1982
Regional competitions, organized through the Texas Education Agency’s Regional Service Centers, regional winners advanced to Dallas for state competition.
1983
By 1983 the state program experienced growth from four (4) schools to over 150 school districts; The Dallas Morning News underwrites both City and Region 10 scholarship winners. Winning teams advanced to State.
1985
Texas and Oklahoma join with six other states to form an All-States Competition (now the National High School Mock Trial Tournament). Texas’ championship team, Corpus Christi’s Richard King High School, competed in the national tournament in Lincoln, Nebraska, winning the national title.
1986
For the first time, all 20 regions participated in regional tournaments, sending winning teams to State. Size of teams was expanded to 6-10 students with three witness roles and three attorneys per side in addition to a team timekeeper.
1988
Dallas hosted the national AllStates tournament with 24 states participating. The Dallas County Commissioners’ Court adopted a Resolution acknowledging the participants in the tournament and declaring May 2, 1988 as National Mock Trial Day in Dallas. The Texas championship team, Westlake High School in Austin, won 2nd Place.
1990
Texas High School Mock Trial Competition continued to expand throughout the 90s and the State Championship team advanced to the national level of competition. Texas’ championship team, Richard King High School, won 2nd Place in both 1991 1992, and in 1999; the Texas’ Tivy High School in Kerrville, with an undefeated record, placed 3rd in the nation.
1997
State championship team, Lake Highlands High School, won 3rd Place at the National tournament in Nashville, Tennessee. Steven Russell served as an attorney coach for the team.
2007
Nineteen years after the first national tournament was held in Dallas, the DBA once again hosted the National High School Mock Trial Championship. Forty (40) teams participated with one being
from South Korea. For the second time, the DBA received State Bar of Texas awards in relation to the mock trial program. Texas’ championship team, Richardson High School (incidentally, one of the four teams in the first state competition in 1980) placed 8th overall at the national tournament.
2008
A Professionalism award was created as a part of the state tournament, funded by the Gwinn Family Foundation. This award is presented to the team voted to be the most professional both inside and outside of the courtroom by the other competing teams. This award is now named after now retired State Coordinator, Judy Yarbro.
2017
A Courtroom Artist competition was incorporated into the Texas High School Mock Trial Competition. The artist, an 11th member of the team, sketches a scene of the trial during the tournament competition. As its own contest, the artist can qualify for state outside of their own team. In 2018, our state winning artist won 1st Place at Nationals.
June 2 0 1 8
D al l as Bar A ssoci ati on l Headnotes 13 “I always desired to be an attorney, but never had the opportunity to go on to law school after college. As a mom of 5 children, I am thrilled that my two eldest sons are pursuing a degree in law themselves in the future, and are excited about mock trial. We have wanted to organize a team for our school for the past two years, and finally have enough students to build a team! Go Veritas Classical Academy Lions!” – Krista Ireland Parma, 1991-1993
“High school mock trial changed my life forever in too many ways that I can count. I attended summer mock trial camps in high school, coached high school teams both while in college and in law school. I have judged competitions. But most importantly, I have been honored to touch other students’ lives as much as my coaches touched mine ten years ago. I have now written recommendation letters to students, and have gone on to prosecute murderers and achieve great things as a prosecutor. I am passionate about my work, and will always feel like I have the job of my dreams. I can only hope to inspire others the same way.” – Laura Andrade, 2004 - 2007
Mock Trial Leaders & 2018 Review Program Leaders/Heroes
This list represents only a few of the many “heroes” of the Mock Trial Program John Booth – First Chair of the Committee; instrumental in initiating the city and state mock trial competition Hon. Jerry Buckmeyer Al Ellis – Coached 1979 Team, Law in Changing Society Chair, taught the curriculum Gordon Carpenter – Responsible for the DBA receiving the Hatton W. Sumner Grant Judge Nikki DeShazo – Chair of the First National Tournament in 1988 Steve Gwinn – Committee Chair, 2004 – Present Ralph C. “Red Dog” Jones – Responsible for keeping the mock trial program under the DBA David Kent – Long time Vice-Chair and helped push law related education programming Steve Miller – Head case writer who then served on the national board for mock trial Prater Monning – Over 25 years of service to the program as an attorney adviser, case
writer, and committee chair Frank C. Moore – brought Law in the Changing Society (an ABA program) to the DBA then to DISD Randall Moore – Longtime Chair of the Mock Trial Committee Hon. Lana Myers – Long time Chair and Presiding Judge for Final Round Steve Russell – 20 years of service to the program as an attorney adviser and committee vice-chair Mike Stewart – Teacher from Woodrow Wilson High School; now have the Mike Stewart cup that rotates to every DISD Mock Trial Winner Lynnette Sullivan – DISD administrator that helped start the first tournament along with John Booth Louis Weber – Original member of the Law in Changing Society Committee who pushed programming statewide Judy Yarbro – State Coordinator of the program from 1982-2007
2018 Partners & Sponsors throughout the State American Board Of Trial Advocates AT&T Austin Bar Association Baylor Law School Blank Document Conroe Municipal Court Corpus Christi Bar Association Dallas Bar Foundation Dallas County Government Dallas Hispanic Bar Association Dallas ISD Dallas Trial Lawyers Association Dallas Women’s’ Lawyers Association El Paso Bar Association El Paso District Attorney’s Office Encase Legal Espinoza Law Firm George Allen Sr. Courts Building Harris County Criminal Lawyers Association Hidalgo County Bar Association
J.L. Turner Legal Association Jefferson County Young Lawyers Association Lubbock Area Bar Association Lubbock County Courthouse Lubbock County Young Lawyer’s Association Lubbock ISD McLennan County Young Lawyer’s Association Midland County Midland County Bar Association Peter Malouf Plunkett Griesenbeck Preferred Counsel Region 10 Education Service Center Region 6 Education Service Center Region 7 Education Service Center Region One Education Service Center San Antonio Bar Association
Southern Methodist University Dedman School of Law Tarrant County Bar Association Tarrant County Bar Foundation Tarrant County Commissioner’s Court Tarrant County Sherriff’s Department The International Association of Defense Counsel (IADC) The Robert A. and Marianne S. Gwinn Family Foundation Tom Goranson Tort and Insurance Practice Section (TIPS) UNT Dallas College of Law Over 45 Partners! Over 18 local bar associations! Over 850 attorneys and law students volunteered for the high school mock trial program statewide for the 2018-2019 school year.
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
Column
June 2018
Ethics
New Disciplinary Rules Change the Standard for Sanctions JERRY R. HALL
On March 1, 2018, the Supreme Court of Texas adopted several amendments to the disciplinary rules governing lawyers. These amendments substantially change the standards for sanctions and modify the process for investigations of complaints. The orders adopting these changes authorized a public notice-and-comment period that ended on April 30, with the caveat that these amendments could be modified further in response to comments received during that period. While this discussion reflects the amendments ordered to take effect on June 1, 2018 as of the time of this writing, any additional amendments subsequently ordered by the Court could alter the changes described herein.
New Sanction Guidelines
The largest change to the disciplinary rules—at least in terms of verbal volume—are the new guidelines for sanctions. Order Adopting Amendments to the Texas Rules of Disciplinary Procedure, Misc. Docket No. 18-9031 (“Order No. 18-9031”) 15.01–16.04. Under these new guidelines, an imposition of sanctions
should consider the duty violated, the level of culpability, the actual or potential injury caused, and the existence of aggravating or mitigating factors. Id. 15.02. The full list of sanction guidelines provides a spectrum of possible sanctions for violations of various rules. See id. 15.04– 15.08. But generally, the sanction guidelines suggest that suspension is “generally appropriate” for “a pattern of neglect” or knowing failure that causes injury or potential injury, while disbarment is “generally appropriate” for such patterns of neglect or knowing failures that cause “serious or potentially serious injury.” See id. Notably, the sanction guidelines suggest that public reprimands are “generally appropriate” for mere negligence that “causes injury or potential injury,” while private reprimands are “generally appropriate” for “an isolated instance of negligence” that “causes little or no actual or potential injury.” Id. This appears to be a departure from prior rules that frequently required a higher scienter requirement than mere negligence for a violation. See, e.g., Tex. Disciplinary Rules Prof’l Conduct R. 1.01(c) (defining “neglect” as “inattentiveness involving a conscious disregard”).
NEED TO REFER A CASE? The DBA Lawyer Referral Service Can Help. Log on to www.dallasbar.org/dallas-lawyer-referral-service or call (214) 220-7499.
Investigatory Hearings
During the investigation of a complaint, the Chief Disciplinary Counsel may set the complaint for an investigatory hearing before an Investigatory Panel. Id. 2.12(C, F). Such investigatory hearings are “a nonadversarial proceeding.” Id. 2.12(F). Witnesses may be examined by the Chief Disciplinary Counsel, the respondent lawyer, or the Investigatory Panel itself. Id. The amended rules also create a privilege that applies to all communications and all other materials and statements between the Chief Disciplinary Counsel and an Investigatory Panel. Id. 17.08. It currently remains unclear how this privilege might affect a respondent lawyer’s ability to participate in an investigatory hearing.
less misappropriation of money or other property (including attempt, conspiracy, or solicitation) must self-report the conviction or probation to the Chief Disciplinary Counsel. Order Adopting Amendments to Texas Disciplinary Rule of Professional Conduct 8.03, Misc. Docket No. 18-9030 (“Order No. 18-9030”) 8.03(e). This obligation applies irrespective of whether there has been an adjudication of guilt. Id. A lawyer who has been disciplined by the “attorney-regulatory agency” of another jurisdiction must also self-report such discipline to the Chief Disciplinary Counsel. Id. 8.03(f). In either case, the lawyer must selfreport within 30 days of the date of the order or judgment. Id. 8.03(e–f). The lawyer must also include a copy of the order or judgment. Id.
Subpoena Power
Retroactive Effect
The Chief Disciplinary Counsel may issue subpoenas for the production of documents when investigating a complaint. Id. 2.12(B–C). When the Chief Disciplinary Counsel sets a complaint for an investigatory hearing, this subpoena power may also be used to compel the attendance of witnesses—including the respondent lawyer—at the hearing. Id. 2.12(C). Any contests of such subpoenas will be determined by the chair of the Committee or, in the case of an investigatory hearing, by the chair of the Investigatory Panel.
Self-Reporting Requirement
A lawyer who has been convicted or placed on probation by any court for barratry, any felony, or a misdemeanor involving theft, embezzlement, or fraudulent or reck-
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wh e re g iving
THRIVES At Communities Foundation of Texas, even our building helps giving thrive. Designed in 2002 by the late architect Bill Booziotis, the building serves as a hub for philanthropy, through which we help strengthen nonprofits and our donors. CFT is a place where community leaders convene, nonprofits network and passionate people work tirelessly to help build stronger, thriving communities.
In addition to designing our building, Bill Booziotis was one of our fund holders. After his wife’s death, he created a fund to support her favorite causes. He also established a fund to benefit students at Booker T. Washington High School for the Performing and Visual Arts. Through his estate plans with CFT, he is still giving to many cultural institutions that define Dallas. But for us, his legacy is also the 20,000 people who come through our building every year. Create your fund today. Call us at 214-750-4145, email giving@cftexas.org or visit CFTexas.org/givingfund
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These amendments are ordered to take effect on June 1, 2018. Order No. 18-9030, p. 1; Order No. 18-9031, p. 1. The amendments to the Texas Rules of Disciplinary Procedure will apply to grievances filed on or after June 1 “regardless of when the conduct that is the subject of the grievance occurred.” Order No. 18-9031, p. 1. As noted above, any additional orders from the Supreme Court of Texas may further alter these amendments to the disciplinary rules. All Texas lawyers should review the most recent version of the rules to determine how the new amendments may affect their practice. HN
Jerry R. Hall is an associate at Campbell & Associates Law Firm, P.C. and Co-Vice Chair of the DBA Legal Ethics Committee. He can be reached at jhall@cllegal.com.
June 2 0 1 8
Focus
D al l as Bar A ssoci ati on l Headnotes 15
Immigration & International Law
Representing Foreign Business Owners Immigrants populate North Texas, as citizens, legal residents, visa-holders, and undocumented immigrants. Many foreigners are entrepreneurial—indeed, coming to this country is a risk in and of itself—and those foreigners often choose to own and run businesses in this country.
lower effective rate than that which was previously available for C corporation shareholders. The foreign partner may need an individual tax identification number, especially if the foreign partner is required to open a U.S. bank account. When a U.S. real property interest is sold by a foreign owner or business, the Foreign Investment in Real Property Tax Act may require additional withholding.
Tax Effects
Immigration Status
BY DAVID RITTER
The immigration and nationalization status of these individuals affect aspects of their business, including tax status. Whether the individual is a resident or non-resident alien and the length of time living abroad are two factors that can impact the effective tax the individual may pay and should be considered in determining what type of business entity should be formed. At the start, a foreign client should be advised to employ an accountant to understand the tax effects on running a business. Many small businesses opt to elect the subchapter-S tax status under the Internal Revenue Code, which is available only for owners who are U.S. citizens, green card holders, or those who pass the IRS’s substantial-presence test. If subchapter-S status is not available, the business will be taxed as a C corporation, or as a partnership, in which case the partnership will need to withhold the percentage of tax allocable to the foreign partner. The Tax Cuts and Jobs Act’s reduction in the corporate rate from thirty-five percent to twentyone percent may allow foreign owners a
Many immigrants here on a temporary employment-based visa (such as an H-1B) are entrepreneurial and desire to start their own businesses. But, an immigrant’s visa status may restrict employment to only the visa-holder’s sponsor. Thus, the immigrant can own a start-up company but may need to avoid being an officer of that company. Even absent conflicts with the immigrant’s employer, it may be difficult for him to work on the start-up, which is not ideal if he wants to be employed and sponsored by the start-up upon termination of his prior employmentbased visa. Entrepreneurial immigrants may be able to take advantage of the International Entrepreneur Rule (IER) published by the Department of Homeland Security (DHS). The IER authorizes the DHS to grant parole to foreign entrepreneurs to remain in the country to build and scale their businesses based on the investment, jobs produced, and other measurable criteria. In July 2017, the DHS delayed implementation of the IER, prompting a lawsuit, which the DHS lost. As of this writing, the IER is
in effect, but the DHS website indicates that it is seeking to remove the IER.
Preparing for Disputes
Disputes between foreign business partners, which can be expected when dealing with non-U.S. customs and cultures, may involve violations of securities law, incomplete or incomprehensible DIY contracts, breaches of fiduciary duty, and violations of banking regulations. Upon formation, a business should be advised of the applicable regulations affecting the business. Additionally, authorizations, including powers of attorney, should be prepared in advance of formation to avoid a need to return to the country quickly if the foreign partner is out of the country. Forum-selection clauses are also necessary. If a foreign partner performs business activities in his home country, that may be a basis for applying the foreign state’s jurisdiction, which could result in a judgment recognizable here in the U.S. Service of the foreign partner in the foreign country can be obtained by mail pursuant to the Hague Con-
vention if service is authorized by the receiving state and if service is effected in accordance with that state’s law. Statutes of limitations for Texas causes of action are tolled during the time that the person is out of the state. However, this tolling provision may not apply to all causes of action, such as fraudulent transfer causes of action, which may be pertinent to partnership disputes.
Privileges
When communicating with a foreign business partner outside the United States, one should be cognizant that other countries may not have the same rules of attorney-client privilege and may not value the privilege as strongly. This is especially important if the foreign partner can conduct the operations of the business in the foreign country. The issues facing foreign business owners are constantly changing and growing as the world becomes more interconnected. HN
David Ritter, of Ritter Spencer PLLC, can be reached at dritter@ritterspencer.com.
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.
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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 ciationâ&#x20AC;
June 2018
DBA Pro Bono Golf Classic On April 26, more than 125 golfers participated in the 26th Annual DBA Pro Bono Golf Classic at Cowboys Golf Club to benefit the Dallas Volunteer Attorney Program. All proceeds will be used to help provide pro bono legal services to low-income residents of Dallas. Thank you to our Golf Committee Co-Chairs David Kent, Kyle Mandeville, and Chris Robison. And a big thank you to all of our sponsors! We appreciate you!
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D al l as Bar A ssoci ati on l Headnotes 17
Elise Healy + Associates pllc, a Dallas-based law firm focused on business and investor immigration law, is pleased to announce that Lisa Sotelo has been promoted to partner.
Lisa Sotelo
Lisa Sotelo focuses her practice on business immigration, worksite compliance, and temporary and permanent investor visa matters. She counsels corporations, educational institutions, and individuals on a variety of business immigration issues. Her experience also includes immigration representation in federal litigation, international adoption, family immigration matters, and immigration court proceedings. Lisa is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization and has served in several leadership or liaison positions with the American Immigration Lawyers Association (AILA). She is currently the Vice-Chair of the State Bar of Texas Immigration and Nationality Section and is a frequent speaker on issues related to business or corporate immigration in both academic and industry-related conferences. Her broad immigration expertise and practical understanding of business issues brings further depth to the leadership team of Elise Healy + Associates. Lisa can be reached at 214.442.9006 or lsotelo@ehealylaw.com About Elise Healy + Associates PLLC
Elise Healy ELISE HEALY + ASSOCIATES pllc 900 Jackson Street, Suite 150 Dallas, TX 75202 214.545.3050
Our firm represents Fortune 500 companies, multinationals, middle market businesses, and individual business owners and investors by delivering legal strategies and solutions that work. As seasoned immigration lawyers, we offer a broad range of expertise in an increasingly adversarial adjudication environment. We assist employers in transferring executives, managers, or specialized professionals to the US for temporary or permanent assignments; secure permanent residence for researchers, professors, individuals of extraordinary ability, multinational managers or executives, and professionals of all kinds; obtain PERM labor certifications for highly-skilled employees; achieve compliance with both federal and state immigration laws; conduct I-9 compliance audits and train HR and legal staff. We are regularly retained to handle RFE rebuttals, especially in H-1B, L-1 and I-140 petition matters. We assist investors in selecting the right temporary visa to develop and manage a business in the US; make an effective visa application at the US consulate abroad; and secure permanent residence through the EB-5 program. For over two decades, our team has built a reputation as nimble and exceptionally responsive experts in US immigration law. We have the technology to deliver immigration legal services of the highest quality, when and where our clients need them.
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
June 2018
The 4-Hour Per Day Rule: How to Calculate Your Effective Hourly Rate BY JOHN LEHMAN & CLAUDE DUCLOUX
Stepping into the world of practicing law for the first time comes with its fair share of stressors and unknowns. One of the first things you will need to determine is how much you can expect to charge for your services. Will you be able to set an hourly rate that is reasonable for an attorney in your area, and provides enough income to meet your needs? Determining this does not have to be stressful, though, thanks to a budgeting strategy we call “The 4-Hour Per Day Rule.” The central idea is this: an attorney should be able to get by from billing and collecting four hours per day, five days per
week, 20 days per month. We will walk through all the steps of this strategy to help you determine if your office can survive and thrive under this rule.
Step #1—Determine Your Expenses
First, take time to calculate a monthly personal budget. How much do you need per month to pay your share of rent or a mortgage? What are the average costs of your monthly bills? How about groceries and other expenses? Do you have a spouse or roommate who shares the expenses? With all these things in mind, you should be able to come up with a dollar
DBA Media Mixer
amount that represents how much you need for your share of your household’s bills. Make sure your expected taxes are calculated into this amount as well. On top of that, factor in your share of the costs of running your office. How much do you need to pay for your office space? What about marketing materials? How often will you need office supplies? Take inventory of how much your practice costs on a monthly basis and produce an estimated dollar amount.
Step #2—Calculate Your Rate
With the total of your average monthly personal and business expenses in hand, it is time to apply The 4-Hour Per Day formula. Your goal is to divide your total monthly expenses by the number of billable hours you expect to work each month. We already know we want to aim for four billable hours a day. If we assume you are working for five days a week, this totals to 20 days a month. Thus, 20 x 4 = 80 billable hours per month. For the sake of example, say your personal expenses equal $8,500 per month, and your office expenses equal $4,000 per month. Adding these up, we end up with $12,500. So, if we take your total amount of expenses ($12,500) and divide it by the
average billable hours you will work each month (80), your hourly rate comes out to $156.
Step #3—Ensure Your Effective Rate is Fair
Once you have that effective rate calculated, it’s a good idea to compare it against the rates of similar attorneys in your area to make sure you are not overcharging. Two ways of determining this are by talking to attorneys in your community and by asking judges at your local courthouse. Judges award attorney fees every day, and will generally be a great source of insight. Plus, if the local rate is higher than your needs, you may choose to charge less, knowing that you need a bit less to make your monthly budget. Your main goal in this step is to see if your rate (in our example, $156) is at or lower than the expected hourly fees an attorney of your experience can charge. If it is, your practice has a greater statistical chance of success and provides you a daily idea of this chance based on your work output. If, however, the hourly rate is woefully inadequate to support your needs, take a hard look at your costs and overhead to manage them more efficiently and realistically. HN
DBA Home Project: Volunteers Needed On April 24, the DBA Media Relations Committee and the Press Club of Dallas hosted a Media Mixer happy hour for lawyers and journalists to meet and mingle. It was a fun-filled evening with drinks, treats, and a ping-pong tournament.
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June 2 0 1 8
Focus
D al l as Bar A ssoci ati on l Headnotes 19
Immigration/International Law
Risk Factors in Deals Involving Chinese Investors BY TOM TONG
Despite the recent trade-war postures, most analysts believe that neither China nor the United States want a full-blown fight. Based on the “further open-up” message that China’s President Xi delivered at the Boao Asia economic forum on April 9, 2018 and President Trump’s seemingly pleased tweeting response, we have reason to expect that the cross-border merger and acquisition trend established by Chinese investors in the past decade will continue. This article shares some of the risk factors that the author has observed through the years.
Lack of Professional Advisor
Partially deterred by the fee structures of the investment-banking industry, many well-heeled Chinese investors tend to enlist their U.S.-based personal friends to make an initial approach to potential U.S. target companies. Such practice unfortunately fails most of the time in the U.S. market because U.S. companies are used to dealing with investment bankers at initial stages. Otherwise, two well-matching companies may forever miss each other as a result of such lack of a professional intermediary.
Regulatory Hurdles
In order for a Chinese investor to invest in a foreign jurisdiction, the investor must obtain approvals from the Ministry of Commerce, the National Development and Reform Commission, and the State Administration for Foreign Exchange. Additionally, the U.S. government adds
another significant layer of uncertainty to cross-border M&A transactions with the Committee on Foreign Investment in United States (CFIUS). While CFIUS review of a transaction is not mandatory; its importance lies in the fact that the committee has the power to review (and recommend rewind of) a deal anytime in the future based on the so-called national security concerns. Delay or denial by any one of the approving authorities has the potential of derailing an international deal.
Lack of Industry Experience
Business negotiators from a Chinese acquirer tend to lack industry experience because, most of the time, the target company’s business involves a new technology or at least a different line of business unfamiliar to the Chinese negotiating team. Unless they hire local industry experts (which is rare as is the situation for investment bankers) the Chinese negotiators tend to make decisions despite lacking full knowledge at the beginning stage of the negotiation. As their knowledge grows with the negotiation process, they may later regret certain decisions and want to revisit certain already settled points, which might be fair in their minds, but could be viewed as lack of good faith by the target Company and lead to a broken deal.
Underestimate Documentation Burdens
Often Chinese investors realize at the last minute that certain documents they thought were easy to obtain are insufficient for the U.S. target. One typical example is
a letter of financial guarantee. While both a Chinese investor and a U.S. target might agree on the concept of a letter of guarantee, the Chinese investor is often surprised to learn that the half-page guarantee letter from its local bank lacks many of the details that the U.S. target expects to see in a typical 15-page letter of guarantee.
Translation Time Delays Voting
While a U.S. style M&A transaction may be pushed forward at a pace acceptable by the professional teams of lawyers, accountants, and bankers, at some point the Chinese investor team, typically before its full board approval of the deal, would need all deal documents to be translated into Chinese for the directors to review, at least in theory. The translation process may take days or weeks depending on the volume of the deal documentation. Such last-minute delay is all the more frustrat-
ing because of the heightened expectation to sign after parties took the pain to conclude the negotiation and because the translation time was not previously anticipated by the target company.
Overreliance on Governmental Support
In many of the large-scale M&A transactions, some level of governmental support is involved in the funding. Such governmental support is usually tied to a certain mayor or vice mayor, who sees the potential of building a new industry for the city, but who is subject to job changes. When the supporting mayor leaves a city, gone is his promise of financial support from the city. HN
Tom Tong is an International Partner at Locke Lord LLP. He can be reached at ttong@lockelord.com.
Moms in Law Lunches June
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 June lunches are: Thursday, June 7, Noon at Public School-Addison (14854 Montfort Dr., Dallas) Friday, June 29, Noon at Neiman Marcus Downtown (1618 Main St.) Light bites will be served. RSVP christine@connatserfamilylaw.com to attend the lunch or join the Moms in Law email listserv.
Dallas Bar Association’s new Oak Cliff Friday Clinic at Oak Cliff Chamber of Commerce 1001 N. Bishop Avenue Dallas, TX 75208 Common Malpractice Traps & Ways to Avoid Them Speaker: Robert Tobey, Johnston Tobey Baruch, P.C.
—
RSVP to Yedenia Hinojos yhinojos@dallasbar.org
SAVE THE DATES for Oak Cliff Friday Clinics
What We Do ICE Audits
Temporary Immigration Visas
Family-Related Immigration
Immigration Special Circumstances
Permanent Immigration Visas
Employer Resources
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Consular Processing
June 22, July 27, August 24, September 28 & October 26 Rick Gump has completed his 45th year of practicing immigration law. Our firm concentrates on strategic planning for international personnel. Our practice consists of business and family visas, citizenship and worksite compliance audits for companies which may be facing an ICE investigation or engaging in a merger and acquisition. We represent all types of businesses, schools and universities, athletes, agricultural firms, investors, and individuals seeking a managed plan through the immigration maze. Mr. Gump has been selected by his peers as a Texas Super Lawyer for the past 16 years and recognized in the International Who’s Who in Business. He is one of a distinguished group of attorneys who have now been listed in Best Lawyers in Dallas 2014-2018 and listed in Texas Lawyer’s Go-to-Guide for top notch lawyers. An active speaker and published writer, he has served as an expert witness in various immigration cases and has been a faculty member for numerous immigration conferences.
Create Your Account at onlinecle.dallasbar.org
13355 Noel Rd. | Suite 1940 | Dallas, Texas 75240 972-386-9544 | www.rickgump.com
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
June 2018
Farewell, But Not Goodbye, Dean Royal Furgeson BY AL ELLIS
For years, Senator Royce West and Representative Dan Branch worked to create a public law school in Dallas. They battled the naysayers in the Legislature and naysayers in the profession who felt Texas did not need another law school. Senator West and Dan Branch were ultimately successful, and the UNTD College of Law was born in 2013. As its founding Dean Royal Furgeson is fond of saying, “This is not just another law school.” UNT Chancellor Lee Jackson made a bold and unprecedented move by asking then retired Federal Judge Royal Furgeson to become the founding dean. With his usual humility, Dean Furgeson would often ask, “Why me?” and then tell the same corny joke of the time President Truman called the Mayor of Chicago, asking him to become Secretary of Labor. (For the sake of brevity, the joke will not be repeated.) Chancellor Jackson answered the “Why me?” question perfectly: “Royal believes the practice of law is a privilege in a free society that should be available to hardworking students from every walk of life. His passion for our students and their future service to our State has shaped this young law school indelibly and profoundly.” Chancellor Jackson’s wisdom was echoed by Texas Chief Justice Nathan Hecht in his inaugural convocation address: “We have every hope that what happens here can begin to narrow the justice gap and change our profession for the better.” Since its opening in 2014, Dean Furgeson has been the pied piper for the UNTD College of Law, and has more than justified Chancellor Jackson’s confidence in his ability. In spite of his inexperience as a law school administrator, Dean Furgeson has led the law school to heights never anticipated. Dean Furge-
Dean Furgeson (right) and National Moot Court Champions Allie Van Stean and Christopher Neal.
son has ensured the acceptance of the College amongst the lawyers and judges of Dallas, as he has recruited many to become active participants and mentors in the school. He, along with a staff of assistant deans of unparalleled experience, enthusiasm, and dedication to the core values of the law school, and a handful of full-time law professors, has enrolled a group of students he often describes as, “Really amazing people from all walks of life.” Under Dean Furgeson’s leadership, this “little engine that could” has been true to its mission of opening access to legal education, implementing an innovative curriculum to build practice-related competencies, and preparing students to take the bar exam, all for an affordable tuition. Innovation has been the name of the game. Rather than conducting one final exam each semester, law students receive multiple assessments. Doctrinal
WELCOMES
Felecia Epps Dean Pr of ess or of L aw
Dallas lawyers, most of whom are DBA members, who have served as mentors to the students this year.
courses require the usual reading load to prepare for each class, plus graded assignments to challenge students in applying substantive law knowledge. The school has launched two Community Lawyering Centers with students and supervising attorneys to bring legal services to underserved neighborhoods. The L.A. Bedford Mentoring Program has provided students with weekly direct access to practicing lawyers. Under Dean Furgeson’s leadership, the law school was provisionally accredited by ABA in June 2017. This journey began when law school enrollment nationwide was declining, and the ABA was not enthusiastic about the creation of new law schools. Once all accreditation documents had been prepared, and after the first site visit and the mandatory interview with the ABA, it appeared provisional accreditation was not in the cards. Under Dean Furgeson’s leadership and with the support of Chancellor Jackson, local leaders and change-makers, a second site visit was allowed. Ultimately, provisional accreditation was granted. This sequence of events was unprecedented. Were it not for the strong leadership of Dean Furgeson and the community support he managed to generate, it would not have occurred. Recently, Dean Furgeson announced his retirement effective June 30, 2018. However, he will continue to assist the college with fundraising. The achievements and accolades obtained by the law school as a direct result of Dean Furgeson’s leadership are amazing: 1. DBA membership by all students at the College of Law, with many students becoming active participants in DBA programs; 2. In January 2017, the College was named, “Third Most Diverse Law School in America,” by PreLaw and National Jurist Magazine, and in January 2018, the College was awarded the following by both publications: (a) A Top Law School
for Diversity, (b) No. 10 Best Law School for African American Law Students, and (c) Top 20 Best Law Schools for Hispanic Students; 3. The College won the “2017 Law School Commitment to Justice Service Award” by the Texas Access to Justice Commission, and one student, John VanBuskirk, also won the “2017 Law Student Pro Bono Award”; 4. Since its opening, students provided more than 10,000 hours in community/pro bono service to over 40 governmental agencies, non-profit organizations, and special projects; 5. The Advocacy Program has built a reputation for producing outstanding advocates such as: (a) National championship, National Criminal Procedure Moot Court Competition, (b) Best Oralist, Best Brief and Finalist Mack Kidd Administrative Law Moot Court Competition, and (c) Best Petition or Brief 2017 Frederick Douglass Moot Court Competition. Perhaps the best synopsis of Dean Furgeson’s leadership ability and the prime reason for the success of UNTD College of Law was provided Tricia Nagle, Director of Marketing: “Dean Furgeson wants to know and encourage the students. You can find him on most days taking a walk through the law library and common areas where the students hang out to visit with them. Always with a big smile and encouraging words, he knows most students by name, even though the College has nearly 425 students.” To the pied piper of UNTD College of Law, we say “goodbye, but not farewell.” We’ll see you on down the road as the College of Law continues its quest to change the way law students are trained and educated and to substantially change the legal profession. HN Al Ellis is Of Counsel to Sommerman, McCaffity & Quesada and also works for the UNTD College of Law as Liaison to the Community and Profession. He can be reached at al@textrial. com.
State of the State Bar Wednesday, June 6, 2018 Noon - 1:00 p.m. | Belo Mansion
Effective July 1, 2018
UNT Dallas College of Law is provisionally approved by the American Bar Association’s Council of the Section of Legal Education and Admissions to the Bar, 321 North Clark Avenue, Chicago, IL 60654, 312.988.6738.
Trey Apffel, Executive Director State Bar of Texas
Tom Vick, President State Bar of Texas
© 2018 UNT Dallas College of Law AA/EOE/ADA
MCLE: 1 Hour
June 2 0 1 8
Focus
D al l as Bar A ssoci ati on l Headnotes 21
Immigration/International Law
How Long Can an Immigrant be Detained Without a Bond Hearing? BY JOHN TING
Every day, immigration officials must determine whether to admit, remove, or detain noncitizens who have arrived at an official “port of entry” (e.g., an international airport or border crossing) or who have been apprehended trying to enter the country at an unauthorized location. They must also determine whether there are grounds for removing noncitizens who already reside in the country and may have committed crimes. This authority for the Department of Homeland Security derives from Immigration and Nationality Act (INA) Section 236. These determinations are quickly made, but in some cases, deciding whether noncitizens should be admitted or removed may take several months to years due to many factors related to government delays and caseloads. As a result, Congress has authorized immigration officials to detain noncitizens during the course of immigration proceedings. Detention during those proceedings gives immigration officials time to determine a noncitizen’s status without running the risk of the noncitizen either fleeing or engaging in criminal activity before a final decision regarding removability can be made. One of the main concerns facing today’s immigration issues is the noncitizens’ right to timely due process. In February 2018, the Supreme Court in Jennings v. Rodriguez addressed the question about whether bond hearings for immigrants should be mandatory
and whether it should occur as constitutional right in light of the government’s practice of detaining noncitizens facing removal proceedings. The government has broad discretion to detain noncitizens who are allegedly in violation of immigration law, including lawful permanent residents (green-card holders), students and asylum seekers. Many detained immigrants are subject to mandatory detention, which enables the government to detain them without providing opportunities to see an immigration judge to determine whether a release on bond is warranted. Some do not pose a flight risk and are not a danger to public safety. The majority ruled that there is no right for a bond hearing to be held every six months and that the INA allows the detainees to be held until the courts adjudicate the immigrant’s claim. Justice Alito referenced sections 1225(b), 1226(a) and 1226(c) of Title 8 of the U.S. Code, which does not give detained noncitizens the right to periodic bond hearings during the course of their detention. The ruling was based on statute and overturned the 9th Circuit’s ruling that an immigrant has a right to a bond hearing if detention exceeded six months. Some Justices worried that the 9th Circuit acted like a legislature rather than a court in requiring bond hearings every six months. The Administration’s new policy to repatriate noncitizens who were previously ordered removed, but remained in the United States because their birth country would not accept them, have
fallen into a black hole of indefinite detention. This was the situation until ACLU Michigan filed a class action in which the court granted the ACLU’s request for a nationwide preliminary injunction; the court stayed the removal of all Iraqi nationals in the United States who had final orders of removal on June 24, 2017 and who have been or will be detained by ICE. The injunction gave class members three months to file a motion to reopen their cases to be decided on an individual basis. Hamama v. Adducci, Case No. 17-cv-11910, (E.D. Michigan 2018). This suit was initiated because more than 100 Iraqis were detained due to the repatriation policy. Although the courts ruled that noncitizens do not have the right to
a bond hearing, there are other ways to challenge mandatory or prolonged detention. For example, a bond hearing should be made available after six months of detention or when it is substantially unlikely that the government will prevail on a charge of removability pursuant to the INA. Attorneys should recommend their clients seek advice on the possibilities of mandatory detention, inadmissibility, and deportability before agreeing to a plea bargain if in a criminal proceeding and, at the latest, prior to arranging a flight when traveling abroad. HN John Ting practices Immigration Law at Ting Law Group, P.C. He may be reached at john@johntinglaw.com and followed on Twitter@johntinglaw.
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Support the DBA Home Project Help us reach our goal of $80,000 to build our 28th house for Habitat for Humanity. For more information, log on to www.facebook.com/DBAHomeProject or contact Co-Chairs David Fisk (dfisk@krcl.com) or Mike Bielby (mbielby@velaw.com). Make checks payable to Dallas Area Habitat for Humanity and mail donations: c/o Grecia Alfaro Dallas Bar Association 2101 Ross Avenue Dallas, TX 75201
How to keep safe during/a�er an event What to expect from law enforcement Signs to look for in co‐workers/others
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Monday, June 11, Noon‐1:00 p.m. | MCLE 1.00
Frank Crowley Courthouse (133 N. Riverfront Blvd., Dallas) ‐Central Jury Room Food Trucks available for lunch purchase.
RSVP vmejia@dallasbar.org Sponsored by the DBA Courthouse, Criminal JusƟce, and Public Forum CommiƩees.
A multi-office national law firm is seeking attorneys for its Dallas office. Due to our continued growth, our Litigation department is looking for attorneys in the following areas: Professional Liability Defense, General Liability, Workers Compensation Defense, Construction, and Employment Liability Defense. Corporate Law, Commercial Litigation and Financial Services departments are looking for attorneys with experience handling securities and broker dealer matters, international and domestic taxation, bankruptcy, real estate, intellectual property, international law, corporate structure, asset protection, land use, and mergers and acquisitions. Portable book of business is a plus.
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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
June 2018
Asserting Privileges: Impact on Negotiations BY THOMAS NOBLE
As a litigator since 1980 and a mediator since 1991, I have consistently noticed that some practioners do not appreciate how litigation and negotiation tactics interrelate. Master negotiators understand that litigation and negotiation intertwine. Indeed, litigation is just another form of what we customarily call “negotiation.” Like negotiation, litigation provides a method through which people who disagree can come to an agreement. Unlike traditional forms of negotiation, however, litigation has specific rules, and one cannot always walk away from litigation. Novices do not understand that filing a motion can improve leverage in negotiations; settlement conferences and mediation have value as litigation tactics; and an adjudication usually means you are negotiating on a new playing field. Masters keep a vigilant watch on many diverse factors that affect the negotiation of an agreement. Most importantly, masters understand leverage. Leverage! Master negotiators thrive on it, starve from lack of it, develop it
when it is absent, improve it when it is present, and understand its nuances. Leverage can be static or dynamic, longor short-term, actual or potential. How does leverage relate to the arcane subject of legal privileges? For the uninitiated, a legal “privilege” is the right to refuse disclosure. Article V of the Rules of Evidence describes the “what” of privileges. The “how” is described by Rule of Civil Procedure 193.3. It has been my experience that, when confronted with a discovery request for information that may be potentially privileged, my colleagues do what I do: assert it! Whether faced with a mentalhealth privilege, a spousal privilege, or the Fifth Amendment privilege against self-incrimination, as a knee-jerk reaction, we assert it. Is that necessarily the best response? What is the downside of asserting a privilege, and how does that impact negotiations? My thesis: When a litigator asserts a privilege, refusing to disclose documents or information, she may be giving her counterpart greater leverage. This will impact negotiations, whether they involve ultimate issues or interloc-
utory issues. Why? Assertion of a privilege gives the requesting party a potentially powerful challenge (what do you have to hide?), it may put the party asserting the privilege on the defensive, and litigating about the privilege may last months. The party who asserts a privilege better be right. If there is a challenge to the assertion of a privilege, it may well take the form of the “offensive use doctrine,” enunciated by the Texas Supreme Court in the case of Ginsberg v. Fifth Court of Appeals. In Ginsberg, a plaintiff filed suit, seeking to set aside deeds she signed nine years earlier. The defendant responded with a statute of limitations defense. The plaintiff stated that she could not remember signing one of the deeds at issue and revealed that a psychiatrist was treating her at that time. When the defendant sought to discover the records of her psychiatric treatment, the plaintiff asserted privileges. The Texas Supreme Court found that this was an offensive use of the privilege, stating the rule: A plaintiff cannot use one hand to seek affirmative relief in court and with the other lower an iron curtain of silence against otherwise pertinent and proper questions which have a bearing upon his right to maintain his action. Eight years later, the Court applied
this rule to a case involving the attorney-client privilege in Republic Insurance v. Davis, and ten years later, the Court applied the rule to a case involving a plaintiff’s refusal to disclose information based upon his Fifth Amendment privilege in the case of Texas Department of Public Safety Officer’s Assn v. Denton. The offensive use doctrine includes three elements: the party asserting the privilege is seeking affirmative relief; the evidence the party refuses to produce is “outcome-determinative”; and there is no alternative source for the evidence. Simply put, if a party seeks affirmative relief, he or she cannot shield evidence that may be “outcome determinative.” Master negotiators understand that asserting a privilege should not be a mindless exercise. Doing so exposes the party asserting the privilege to the risk of the offensive use doctrine. When those opportunities arise, they shift the negotiating leverage by shifting the risk. The party resisting discovery faces a new risk of potential sanctions, which may include striking his right to assert affirmative relief in the lawsuit. Is it worth it? HN Thomas Noble is a solo practitioner at the Law Offices of Thomas Noble, P.C. He can be reached at tom@tnoblelaw.com.
Register now for the SBOT 2018 Annual Meeting The 2018 State Bar Annual Meeting is in Houston, June 21-22. For more information and to register, visit www.texasbar.com/annualmeeting.
When litigation involves healthcare contracts...you need a Healthcare Litigator on your team. Contract Litigation OIG Civil Investigations FBI Criminal Investigations Commercial Insurance Litigation Business Breakups 15.50 Non-Competes Fraud waste & Abuse
Martin Merritt Health Law and Healthcare Litigation Executive Director Texas Health Lawyers Association
Connect on LinkedIn www.linkedin.com/in/martinmerritt/ mmerritt@fflawoffice.com 972.788.1400
D Magazine Best Lawyers in Dallas 2018
DVAP’s Finest CHARLES COFFEE
Charles Coffee is a retired attorney who enjoys assisting low-income people on a pro bono basis. 1. How did you first get involved in pro bono? After I retired in 2013, I quickly realized that I needed to have something to do that was both worthwhile and challenging, or at least interesting. I usually say, however, that the realization was that my dogs had gotten tired of being walked; there is some truth in that too. 2. What types of cases have you accepted? Almost all of my cases involve aspects of family law along with a bit of probate and will drafting. I also have been an attorney ad litem, defended a debt collection/repossession claim, and asserted one client’s consumer claim in a seller’s bankruptcy proceeding. I have accepted a total of 33 cases in Dallas, Collin, Rockwall, Grayson, and Hunt counties. 3. Describe your most compelling pro bono case. That probably would be a Dallas County divorce case in which, several years ago, I represented the wife as petitioner. She and respondent both were decent people and both were very concerned for their child’s welfare. Eventually they reconciled and the petitioner had me nonsuit the case. So far as I know they are still together. 4. Why do you do pro bono? The honest answer is that it is a mixture of faith-motivated altruism and self-interest. I cannot say which of the motives is the more important. 5. What impact has pro bono service had on your career? Because I am retired from the compensated practice of law, these pro bono cases are my career. 6. What is the most unexpected benefit you have received from doing pro bono? I am enjoying this work more than I ever did the compensated practice of law.
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243. 5301 SPRING VALLEY ROAD | SUITE 200 | DALLAS, TEXAS 75254
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June 2 0 1 8
D al l as Bar A ssoci ati on l Headnotes 23
Classifieds
June
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) 665-9458 or Houston (713) 513-7113. troney@thomasroneyllc.com. “We Count.”
OFFICE SPACE
75 Central & Forest Lane. Johnson English Law Center – Merit Tower Office Space. For lease – Sleek, contemporary office space: 12222 Merit Drive – 12th Floor. Nine conference rooms, lobby with receptionist/mail service, high speed Internet, library, spacious breakroom…plus parking and workout facilities are complementary! Come take a look – Contact arobinson@ englishpllc.com or (214) 528-4300. East of Downtown. 1-2 Professional Window Offices for short or long-term just East of downtown. Great price. Shared reception, conference and break rooms with two litigators. Free easy parking and lightning fast Internet. Optionally furnished. Professional, flexible, and friendly space. www.BranumPLLC.com (469) 458-6255. 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 confer-
ence rooms, two kitchen areas and plenty of free parking. Location is convenient to all Dallas Courts and traffic arteries. Please call Rosa (214) 696-9253 for a tour. Turtle Creek Blvd./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. Bishop Arts District Office Space. Located just steps away from the heart of the Bishop Arts Restaurants and Shops and on historic Bishop Avenue. Two office spaces are available. One office is large and could easily accommodate 2 to 3 people. The large office has a dedicated restroom and large storage closet. The second space accommodates 1-2 people; has direct access to a beautiful balcony facing Bishop Ave.; direct access to restroom; and a storage closet. Building amenities include access to two (2) conference rooms (well suited for mediations) and a reception area staffed during standard business hours. This location is very close to downtown Dallas County and Federal Courthouses. You can be at George Allen Courthouse in 8 minutes and at Belo Mansion in 5 minutes. For more information or to schedule a visit, contact Brett Christiansen at (214) 838-3501 ext 1 or at bchristiansen@cdfirm.com. Need A Conference Room? We have two conference rooms available at full and half day rates. One conference room comfortably seats eight and a second conference room comfortably seats six. Our conference rooms are perfect for client meetings, depositions and for mediations. Located on historic Bishop Ave. – we are steps away from the dining and entertainment of the Bishop Arts District. We are minutes from downtown. Perfect for mediations - the conference rooms are situated on opposite ends of the building and on different floors. Wi-Fi and Beverage Service available. For additional information and rates, please contact Brett Christiansen at (214) 838-3501 ext 1 or via email at bchristiansen@cdfirm.com. 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. Office space available at 4054 McKinney Avenue. First floor suite with three
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
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. Virtual Office – Available Immediately! Contemporary office space, 12222 Merit Drive, Suite 1200, offers nine conference rooms, receptionist, Internet service, mail service, parking, fully equipped breakroom. $300 monthly fee – competitive rates! Email Amy at arobinson@ englishpllc.com or (214) 528-4300. 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.
POSITIONS AVAILABLE
Dallas, Texas Boutique Firm seeks an associate attorney to join our team in the areas of Probate and Business Law. Qualified candidates will have 1-2 years’ experience, exceptional communication and writing skills, a strong work ethic and the ability to learn quickly. This position will have direct client interfacing; work on cases from the contract stage through arbitration and litigation, including appeals; and have significant interaction with firm management and staff, and has opportunity for growth. Ideal candidates will be comfortable in a fast-paced, multitasked environment where delivering the best service to clients is the number one focus. They will be professional, detail oriented, and have a passion for helping people. Our office is equipped with top of the line technology and software tools that our attorneys and staff utilize to navigate daily tasks, conduct investigations, litigate cases, and stay in contact with our clients. Compensation is base plus hours billed. Interested candidates should email their resume to joe@parvinlaw.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. Retained Counsel General Liability Attorney. Seeking an independent contractor insurance defense attorney to work on a wide variety of litigation including insurance defense, casualty defense, premises, auto, commercial litigation, products liability, and general negligence litigation in the Dallas and
Houston areas. Requirements: Admission to Texas State Bar and the U.S. District Courts of Northern District and Southern District of Texas; 4 years of general litigation experience; and insurance defense experience including in negligence, products and premises liability, property damage and automobile accident litigation. Send resume and references to: texaslawfirm01@gmail.com. Retained Counsel, Employment Law. Seeking an independent contractor attorney to work on a wide variety of employment litigation, and charges of discrimination in State and Federal Courts, and before governmental agencies in the Dallas and Houston areas. Requirements: Admission to Texas State Bar and the U.S. District Courts of Northern District and Southern District of Texas; 4 years of employment litigation experience; and experience before the EEOC/TWC and state and federal courts. Send resume and references to: texaslawfirm01@gmail.com. Litigation Associate (1-2 years). National litigation firm hiring for civil litigation associate position as part of defense practice in Dallas office for focus on personal injury, construction defect, professional liability and employment practices claims. Exceptional writing, communication and project management skills prioritized. Send resumes to RHellner@wshblaw.com.
SERVICES
Syd Writing Services: We’re a Dallasbased content outsourcer that specializes in ready-to-publish blogs for attorneys. Set-up is easy, cost is affordable, and the quality is among the best. No contracts necessary. Ask us about our 8-blog special! jake@sydwriting.com; www.sydwriting.com. Immediate Cash Paid For Diamonds and Estate Jewelry. Buying all types of jewelry and high end watches. Consignment terms available @ 10-20 % over cash. For consultation and offers please call J. Patrick (214) 739-0089. What’s your language? Are you ready to help your clients in any language you like (or you must!). Just call +1 972 665 6295 OR +1 469 388 5899. Or send an email to simon.salman@mirora.com. OR visit www.mirora.com and see how we can help your clients at a time they need. Mirora Translations US LLC. MiroraUS@ mirora.com | www.miroraus.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. ProfessionalAncestryResearch.com. Wanda Smith, (972) 836-9091. To place an affordable classified ad here, contact Judi Smalling at (214) 2207452 or email jsmalling@dallasbar.org.
24 H e a d n o t e s l D a l l a s B a r A s s o ciation
June 2018
CRAIN LEWIS BROGDON, LLP
IS PLEASED TO WELCOME
John Spillane
John’s past accomplishments include: • Former shareholder at Baron & Budd, P.C. • Former partner at Robins Cloud, L.L.P • Attorney and Practice Magazine Top 10 Personal Injury, 2018 • American Institute of Personal Injury Attorneys 10 Best – Texas, 2018 • National Trial Lawyers Top 100 Civil Plaintiff, 2017 • Texas Super Lawyer, 3 years, Texas Monthly
crainlewis.com | 214.522.9404 Personal Injury | Criminal Defense