Dallas Bar Association
HEADNOTES |
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May 2019 Volume 44 Number 5
Focus | Energy & Environmental Law
Duffee + Eitzen Honors Judge Merrill L. Hartman’s Legacy BY MICHELLE ALDEN
In 1997, the Dallas Bar Association and Legal Aid of NorthWest Texas joined their previously separate pro bono programs to create the Dallas Volunteer Attorney Program (DVAP). The now 22-year-old program combines the volunteer resources of the Dallas Bar Association with Legal Aid’s expertise in providing legal help to the poor. Today, DVAP is the largest and most comprehensive provider of pro bono legal services in Dallas. The program is recognized locally, regionally, and nationally as a leader in the pro bono community because of its unique partnership between a bar association and legal aid organization. Currently, legal aid programs around the nation face a crisis over how to pay for the legal aid services they provide. Committed volunteers provide their legal services free of charge; however, funds are needed to coordinate clinics, recruit volunteers, train and mentor volunteers, and oversee the thousands of cases that DVAP handles every year. Federal and state funding are tied to legislative support for legal aid to the poor, which has, unfortunately, not been a high enough priority in recent budgets. Federal and state funding cuts threaten the future of DVAP
Focus
Melinda Hartman Eitzen and Lisa Greenwood Duffee shown with a photograph of Judge Merrill Hartman.
and other legal aid programs across Texas and the United States. Rather than waiting for the next round of funding cuts, the
Dallas Bar Association has taken a proactive approach by creating an endowment named the Justice Forever Fund (the Fund). The
Fund exists to create and maintain longterm funding to secure legal aid to the poor in Dallas should traditional funding methods shrink or cease to exist. Accordingly, the Fund functions to provide a dependable safeguard to the DBA’s efforts to help fund pro bono legal services, and it shall be used solely for the support of DVAP. The firm of Duffee + Eitzen has stepped up to support the Fund with a gift of $50,000 in honor of the memory of Melinda Eitzen’s father, Judge Merrill L. Hartman. Judge Hartman is associated with many firsts in the Dallas legal community: he was the first full-time tax fraud prosecutor for the U.S. Attorney in Dallas, the first judge to allow jurors to take notes, and the first judge on the family law bench to require mediation in child custody cases. Judge Hartman was also known as the “Father of Pro Bono,” as he cofounded the first free legal clinics in Dallas. He recruited and encouraged other lawyers to do pro bono work, and his efforts became the foundation and the blueprint for DVAP, as well as other clinics across the state and nation. In addition, he began hearing cases at night court at the clinics to continue to bring the legal system to those who live in continued on page 20
Energy & Environmental Law
PFAS Litigation: The Fight for Safe Drinking Water BY MAJED NACHAWATI AND S. ANN SAUCER
In December 2018, the Panel on Multidistrict Litigation (the Panel) created MDL 2873 to coordinate cases concerning synthetic carcinogens that have contaminated water supplies nationwide. MDL 2873 coordinates cases alleging contamination by aqueous film-forming foams (AFFFs) used to extinguish liquid-fuel fires. In these cases, Plaintiffs allege that AFFFs used at airports, military bases, and industrial locations’ contaminated drinking-water supplies. At the time of the December coordination order, seventy-five AFFF actions were pending in eight districts, and the Panel predicted that this number will grow significantly. Two types of plaintiffs are included in MDL 2873 cases. Thousands of individual plaintiffs have filed suit for personal injuries, medical monitoring, and property damage. In addition, the State of New York and municipal entities have sued to recover the costs of remediating their water supplies. AFFFs contain PFOA (perfluorooctanoic acid) and PFOS (perfluorooctane sulfonate), which are among the substances known under the umbrella term PFAS. In addition
to AFFFs, products made with PFASs include non-stick cookware, water-repellent clothing, stain-resistant fabrics and carpets, some cosmetics, and products that resist grease, water, and oil. The Panel refused to include nonAFFF cases in MDL 2873, finding insufficient commonality. PFOA and PFOS have been phased out of production and use in the United States, yet exposure to these toxins is widespread. These non-biodegradable chemicals migrated into the environment, polluting soil, air, and water. One major avenue of harmful exposure is through drinking contaminated municipal or private well water. Workers involved in making or processing PFAS- and PFAS-containing materials also sustained toxic exposures. The Environmental Protection Agency considers PFASs to be emerging contaminants and has issued a health advisory for PFOA and PFOS, which are referred to as “forever” chemicals. Studies have shown that PFOS and PFOA can be found in the vast majority of Americans’ blood and pose significant health threats given their toxicity, mobility, and bioaccumulation potential. Studies of PFAS exposure have shown deleterious effects on growth, learning,
and behavior of infants and older children; impeded fertility in women; other hormonal interference; increased cholesterol; damage to the immune system; and cancer, including prostate, kidney, and testicular cancers. PFAS toxicity is being studied by the Agency for Toxic Substances and Disease Registry (the “Agency”), which is directed by Congressional mandate to survey and catalogue the public-health effects of hazardous substances in the environment. As concern over PFAS exposure has mounted, the Agency and state health partners are investigating toxic exposure and the ensuing health problems in more than thirty communities nationwide, with many more communities believed to have been affected. Identifying the responsible party defendants can be challenging in this type of litigation. Generally speaking, liability theories have been tied to sales or to specific sites, with some defendants bearing liability for both, and with some cases naming defendants in both categories. Most cases in MDL 2873 name the sellers of AFFFs as defendants, including 3M Company; Buckeye Fire Equipment Co.; Tyco Fire Products, LP; Chemguard, Inc.; National Foam, Inc.; and Kidde-Fenwal, Inc.
Inside 8 Practice Tips for Transactions Involving Environmental Matters 13 Getting the Word Out About Mental Health 17 Like Kind Exchanges of Oil & Gas Rights 21 The Murky Waters of the United States
Another group of defendants are those responsible for the sites themselves. For example, an Alabama suit against 3M Company challenges its Decatur manufacturing facilities. The City of Newburgh sued federal and state governmental entities in addition to corporations in a case raising federal environmental law claims in addition to common law causes of action. As an example of litigation naming defendants from the point-of-sale to site disposal, a Michigan class action named 3M for making and selling ScotchguardTM; Wolverine World Wide, Inc. for using and dumping it; and Waste Management defendants for owning and operating the disposal site landfill. The Panel previously had centralized other PFAS contamination litigation. In 2017, DuPont and Chemours Co. settled more than 3,000 personal injury claims for $671 million. In 2018, 3M settled with Minnesota for $850 million. We predict that future MDLs will be created for other types of PFAS contamination. Safe water supplies are worth the fight. HN Majed Nachawati is a founding partner of Fears Nachawati and can be reached at mn@fnlawfirm.com. S. Ann Saucer is Of Counsel at Fears Nachawati and can be reached at asaucer@fnlawfirm.com.
2 He a d n o t e s l D a l l a s B a r A s s o ciation
May 2019
Calendar May Events FRIDAY CLINICS
MAY 3-BELO Noon
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
“Technology & Texas Ethics,” Jennifer Wondracek. (Ethics 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.
MAY 17-BELO Noon
“Keeping Balance After Law School: Overcoming the Mental and Physical Challenges of Lawyers,” Terry Bentley-Hill, Heather Gram-Chavez and Tyler Jordan. (Ethics 1.00)* RSVP to yhinojos@dallasbar.org. Co-sponsored by the Peer Assistance and Transition to Law Practice Committees.
WEDNESDAY, MAY 1 Noon
MONDAY, MAY 20 Noon
Labor & Employment Law Section “The Latest on the #MeToo Movement,” Sonja McGill. (MCLE 1.00)*
Real Property Law Section “The Evolution of Atticus Finch and a Lesson on Civil Discourse from Harper Lee,” Talmage Boston. (Ethics 1.00)*
Science & Technology Law Section “Hemp and CBD Laws and Regulations,” Chelsie Spencer. (MCLE 1.00)*
Peer Assistance Committee
DAYL Membership Committee
Securities Section “AI – The Inevitable Disruption of the Legal Industry,” Shannon Lake. (MCLE 1.00)*
“Cannabis Law in Texas,” James Creedon. (Ethics 1.00)* RSVP to yhinojos@dallasbar.org.
THERE IS NO FRIDAY CLINIC ON MAY 10 MAY 17-NORTH DALLAS** Noon
Alternative Dispute Resolution Section “Understanding the Stages of Arbitration: Why Each Stage is Important from a Client’s, Arbitrator’s, and Advocate’s Perspective,” Melinda Jayson. (MCLE 1.00)*
Employee Benefits & Executive Compensation Law Section “Retiree Lump Sums – Has the IRS Backtracked and What De-Risking Alternatives Exist For Retirees?” Brian King and Rich Mackesey. (MCLE 1.00)*
WEDNESDAY, MAY 8
4:00 p.m. DAYL Swearing-In
TUESDAY, MAY 14 Noon
Business Litigation Section Topic Not Yet Available
Noon
Family Law Section “Office Hazards – Identifying and Learning Best Practices of Responding to a Critical Situation,” Ticki Varnado. (MCLE 1.00)*
Immigration Law Section “Trends in Naturalization and Denaturalization,” Sehla Ashai, Judson David and Oscar Mendoza. (MCLE 1.00)*
Bench Bar Conference Committee
Solo & Small Firm Section “Lawyer Wellness: The Missing Element in the Practice of Law,” Terry Bentley Hill. (Ethics 1.00)*
Summer Law Intern Program Committee
Mergers & Acquisitions Section “Developments in Transactional Insurance,” Louis Matthews and Jonathan Whalen. (MCLE 1.00)*
Dallas Asian American Bar Association
DAYL Judiciary Committee
5:15 p.m. LegalLine. Volunteers needed. Contact sbush@ dallasbar.org.
DVAP CLE “The OAG in Involved in My Divorce; What Do I Do Know?” Karen Young. (MCLE 1.00)*
Courthouse/Library Committee
Home Project Committee
DWLA Board of Directors
THURSDAY, MAY 2 Noon
Construction Law Section Topic Not Yet Available
St. Thomas More Society
5:30 p.m. Bankruptcy & Commercial Law Section “Construction Law Issues in Bankruptcy,” Katie Anand, Misti Beanland, and Scott Larson. (MCLE 1.00)*
4:45 p.m. Annual Evening Ethics Fest Cost: $95 DBA members/$155 non-member. Register online at www2.dallasbar.org/dbaweb/ eventregistration/EthicsFest.aspx or contact mmejia@dallasbar.org. (Ethics 3.00)*
FRIDAY, MAY 3
11:45 a.m. Annual Law Day Luncheon Keynote speaker: Judge Karen Gren Scholer. Cost: $60. Purchase tickets online at www.dallasbar.org or contact lhayden@dallasbar.org.
THURSDAY, MAY 9 Noon
Government Law Section Topic Not Yet Available
CLE Committee
Criminal Justice Committee
Publications Committee
Christian Lawyers Fellowship
Health Law Section “The Foreign Corrupt Practices Act,” Sabrina Skeldon. (MCLE 1.00)*
Pro Bono Activities Committee
DAYL/DWLA Women’s Mentoring Circles
Non-Profit Law Study Group
Trial Skills Section Topic Not Yet Available
Noon
DBA/DAYL Moms in Law. Ida Claire (5100 Belt Line Rd., Dallas). RSVP rocio@snellingsinjurylaw.com.
Tort & Insurance Practice Section “Panel Discussion with Newly Elected Judges,” Hon. Melissa Bellan, Hon. Paula Rosales, and Hon. Mark Greenberg, moderator. (MCLE 1.00)*
Morris Harrell Professionalism Committee
DAYL Solo & Small Firm Committee
6:00 p.m. DAYL Board of Directors
THURSDAY, MAY 16
SUNDAY, MAY 12
MONDAY, MAY 13 Noon
Mayoral Runoff Debate Co-sponsored by the DBA Public Forum/Media Relations Committee, League of Women Voters, and Dallas Friday Group. RSVP to jsmith@ dallasbar.org.
Dallas Minority Attorney Program
Appellate Law Section “A View From the Bench: Panel Discussion with the Newly-Elected Justices of the Dallas Court of Appeals,” Justices Cory Carlyle, Ken Molberg, Erin Nowell, Leslie Osborne, Robbie Partida-Kipness, Bill Pedersen, III, and Amanda Reichek, moderated by Justice Lana Myers. (MCLE 1.00)*
Juror Appreciation Luncheon “The Jury Experience from the Mouths of Jurors,” Hon. Martin Hoffman, Hon.Maricela Moore, and panel of jurors. (MCLE 1.00)*
Minority Participation Committee
Christian Legal Society
DAYL Animal Welfare Committee
DAYL Lunch & Learn CLE
Dallas LGBT Bar Association
Entertainment Committee
DBF Board of Directors
6:00 p.m. Dallas Hispanic Bar Association
WEDNESDAY, MAY 22
THURSDAY, MAY 23 Noon
Oak Cliff Clinic “How to Become a Better Trial and Appellate Advocate: Learn from the Judiciary,” Hon. Tina Yoo Clinton, Hon. Eric Moye, Hon. William Pedersen, and Robert Tobey, moderator. (MCLE 1.00, Ethics 0.50)* Oak Cliff Chamber of Commerce, 1001 N Bishop Ave, Dallas. RSVP to yhinojos@dallasbar.org.
Criminal Law Section Topic Not Yet Available
Environmental Law Section “2019 Update: Top 10 Things You Need to Know About Real Estate Due Diligence and Vapor Intrusion in Texas,” Dr. Kenneth Tramm. (MCLE 1.00)*
Intellectual Property Law Section “Playing the Odds – Using Data Analytics in Patent Prosecution and Litigation,” Adam Stephenson. (MCLE 1.00)*
FRIDAY, MAY 17
Noon
Friday Clinic-Belo “Keeping Balance After Law School: Overcoming the Mental and Physical Challenges of Lawyers,” Terry Bentley-Hill, Heather Gram-Chavez and Tyler Jordan. (Ethics 1.00)* RSVP to yhinojos@dallasbar. org. Co-sponsored by the Peer Assistance and Transition to Law Practice Committees. North Dallas Friday Clinic “Technology & Texas Ethics,” Jennifer Wondracek. (Ethics 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. DAYL Deal Boot Camp Committee
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.
DBA Community Service Fund Board of Directors
FRIDAY, MAY 24
8:00 a.m. Conference of the Professions At Texas Scottish Rite Hospital. Keynote speaker: Liz Cedillo-Pereira. Register at www.smu.edu/ Provost/Ethics/Events/COP/2019.
MONDAY, MAY 27
DBA offices closed in observance of Memorial Day
TUESDAY, MAY 28 Noon
Probate, Trust & Estates Law Section “Tax Law Update,” Prof. Stanley M. Johanson. (MCLE 1.00)*
American Immigration Lawyers Association
DAYL Lawyers Promoting Diversity
3:30 p.m. DBA Board of Directors
8:30 a.m. 10th Annual Child Welfare Conference To register, go to www.dallasbar.org or contact mgarcia@dallasbar.org. Presented by the DBA Juvenile Justice Committee. (MCLE 6.00, Ethics 3.00)*
On April 5, the Dallas Minority Attorney Program presented its annual program, which is designed to meet the unique challenges facing the minority or female attorney practicing in the small firm or as a solo practitioner. The keynote speaker was Hon. Gina Benavides, of the Thirteenth Court of Appeals (center), pictured with event organizers Rhonda Hunter and Michele Wong Krause.
Community Involvement Committee
DVAP New Lawyer Luncheon. For more information, contact martinm@lanwt.org.
Energy Law Section “Dealing with Millennial Jurors in Oil & Gas Cases,” Jason Bloom. (MCLE 1.00)*
Noon
10:30 a.m. Mother’s Day Brunch at Belo. Adults: $41.50, Children 6-12: $13.75. RSVP: culinairesales@dallasbar.org or (214) 220-7404 by May 9.
Noon
5:15 p.m. LegalLine. Volunteers needed. Contact sbush@ dallasbar.org.
Corporate Counsel Section “2019 Employment Law Update,” Harry Jones. (MCLE 1.00)*
International Law Section “Foreign Investment in Real Property Tax Act,” Vu Le. (MCLE 1.00)*
WEDNESDAY, MAY 15
FRIDAY, MAY 10
Noon
Entertainment, Art & Sports Law Section “Fortnite: Dancing into Court,” Matt Acosta. (MCLE 1.00)*
DAYL Assisting Lawyers in Transition Committee
TUESDAY, MAY 7
Blockchain Law Study Group Topic Not Yet Available
Tax Law Section “Big Problems Call for Big Strategy Decisions: Understanding the New Voluntary Disclosure Process,” David Gair and Mike Villa. (MCLE 1.00)*
6:00 p.m. J.L. Turner Legal Association
Friday Clinic-Belo “Cannabis Law in Texas,” James Creedon. (Ethics 1.00)* RSVP to yhinojos@dallasbar.org.
Noon
Antitrust & Trade Regulation Section “Antitrust Lessons from SureShot v. TopGolf,” Ashley Johnson. (MCLE 1.00)*
Collaborative Law Section “The Importance of Empathy and Active Listening in Collaborative Divorce,” Carie Silvestri. (MCLE 1.00)*
Noon
MONDAY, MAY 6
Noon
Noon
5:30 p.m. Intellectual Property Law Section “IP Trivia Night Hosted by the New Lawyers Committee,” Matthew Cornelia. (MCLE 1.00)* At Baker & McKenzie (1900 N. Pearl St.)
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group
TUESDAY, MAY 21
WEDNESDAY, MAY 29 Noon
Together We Lunch Join us as we engage in safe and open conversations about race. Sponsored by the Public Forum/Media Relations Committee. RSVP jsmith@ dallasbar.org.
DAYL Equal Access to Justice Committee
Municipal Justice Bar Association
THURSDAY, MAY 30 Noon
DAYL CLE Committee
2:00 p.m. Law Student Professionalism Program “A Program for Law Students & Recent Law Graduates,” Keynote speaker: Justice Erin Nowell. (MCLE 3.00)* RSVP to kzack@dallasbar. org. Sponsored by Morris Harrell Professionalism Committee.
FRIDAY, MAY 31 Noon
DBA/DAYL Moms in Law. Mattito’s (3102 Oak Lawn Ave., Ste. 144, Dallas). RSVP rfitzgib@gmail.com.
May 2019â€
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
May 2019
President’s Column
Headnotes
President’s Column: Shiny Happy Lawyers BY LAURA BENITEZ GEISLER
“How Are You?”
How often do you find yourself asking someone “how are you doing?” as a pleasantry as opposed to a sincere inquiry? Is it as often as you respond to the same question with “doing great” or “just fine, thank you,” when a more honest response would be “I’m stressed out, overwhelmed and exhausted” or “even though I am pretending everything is okay I am really struggling right now”?
“Doing Great!”
For many, including myself, it is sometimes hard to admit when we are struggling, and even harder to ask for help. Rather, we put on our shiny happy lawyer face and pretend that everything is “great” and that we are doing “just fine.” Sometimes it is easier to pretend everything is okay rather than admit a problem exists and ask for help. Sometimes it is easier to avoid dealing with a problem when you refuse to admit it exists. Unfortunately, many problems cannot be resolved simply by putting on a shiny happy lawyer face, and problems ignored have a way of growing.
“Doing Great?”
“Shiny happy people laughing . . . . There is no time to cry, happy, happy.” – Shiny Happy People, R.E.M. (1991) Multiple studies show that lawyers suffer from higher rates of depression and substance abuse issues than other professions, and in a 2018 survey examining the business impact of loneliness in the workplace, the Harvard Business Review identified the legal profession as the “loneliest” field of work. Considering how our profession lends itself to chronic stress, anxiety, conflict, and sleep deprivation, it is no wonder it ranks high in loneliness, depression, substance abuse and suicide.
Lawyer Reluctance
There are many different reasons why we may be reluctant to admit when we are struggling or need help. Maybe it is because we fear appearing weak or flawed in the eyes of others. Or we identify ourselves as self-sufficient and are uncomfortable accepting help. Perhaps it is because we are too ashamed to admit a problem exists or do not know where to turn for help. Even if we want help, maybe we do not feel like we have the time to get the help we need. Or worse, maybe it is because we feel resigned to accept that this is “just the way life is” for a lawyer, so why bother. But lawyer reluctance is not just on the suffering lawyer. Our profession has been reluctant to aggressively confront and address the various mental health and substance abuse issues that detrimentally impact our profession. This reluctance has resulted in a culture that creates or exacerbates conditions that lead to lawyer unwellness and contributes to a climate of shame and stigma that leaves many lawyers to suffer in isolation.
Jury Appreciation Lunch: The Jury Experience from the Mouths of Jurors Thursday, May 16, Noon, at Belo | MCLE 1.00 Introduction: Judge Martin Hoffman, 68th District Court Moderator: Judge Maricela Moore, 162nd District Court Panel: The panel will consist of 5 or 6 jurors from recent civil jury trials Jurors will share their experience from recent civil jury trial. Attorneys will learn what persuades and what annoys jurors.
Lawyer Wellness
Overall lawyer wellness is something we need to address. Why? Because as a community of lawyers we have a responsibility to do what we can to help and support one another. If that reasoning doesn’t move you, how about because it affects your business in terms of lawyer productivity, lawyer retention, client satisfaction, and the integrity of the profession? Plus, wouldn’t you rather interact and work with people who are genuinely happy?
The Path to Lawyer Well-Being
In observance of Mental Health Awareness month, I urge you to read the Report of the National Task Force on Lawyer Well-Being, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change, which can be found at www.americanbar.org/content/dam/aba/images/abanews/ ThePathToLawyerWellBeingReportRevFINAL.pdf. This comprehensive report includes practical, positive and specific recommendations to improve lawyer wellness for all stakeholders, from legal employers and judges, to bar associations and law schools. It will take a commitment by all of us to prioritize overall lawyer wellness and create a legal culture that encourages lawyers to seek help, especially when it comes to mental health and substance abuse related issues.
Support Without Stigma
If you currently find yourself or a colleague in need of support, don’t despair, there is help available to you now. The State Bar Texas Lawyer Assistance Program www.tlaphelps. org/ provides confidential help to lawyers dealing with substance abuse and mental health issues. The DBA Peer Assistance Committee is here for you as well, providing resources and support for DBA members. www.dallasbar.org/content/ peer-assistance-committee. If you are uncertain about where to look for help, or uncomfortable taking that first step, I am committed to help in whatever way possible. You can reach me at (214) 651-4264 or lgeisler@textrial.com.
“How Are You, Really?”
There is one easy thing we can all do. The next time you ask someone “how are you doing?” ask not as a pleasantry, but as a sincere inquiry. Ask with a willingness to hear that person without judgment. Then listen. Maybe then the person you ask will feel less alone and will be less afraid to ask for help if they are in need. It could be that all they need is for someone to listen to them to realize they are not alone. Maybe then we can be a community of shiny happy lawyers. ** If you are in despair and contemplating suicide, please don’t. You are not alone, there is hope and help available for you. The National Suicide Prevention Lifeline is free, confidential and answered 24 hours a day. 1-800-273-8255. Laura
Bring Your Summer Clerks To Belo Learn about the broad range of opportunities in Dallas. Law Student Professionalism Program (MCLE 3.00) Thursday, May 30, at 2:00 p.m. RSVP to kzack@dallasbar.org Keynote Speaker: Justice Erin Nowell, Fifth District Court of Appeals Summer Associates Pro Bono Luncheon (MCLE 1.00) Friday, June 7, at Noon. RSVP to vallejod@lanwt.org Minority Clerkship Luncheon Friday, June 21, at Noon. RSVP to bavina@dallasbar.org
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: Laura Benitez Geisler President-Elect: Robert L. Tobey First Vice President: Aaron Z. Tobin Second Vice President: Karen D. McCloud Secretary-Treasurer: Ashlei Gradney Immediate Past President: Michael K. Hurst Directors: Vicki D. Blanton, Jonathan Childers, Chalon Clark, Sakina Rasheed Foster, Charles Gearing (President, Dallas Association of Young Lawyers), Rocio García Espinoza, Hon. Martin Hoffman, Krisi Kastl, Bill Mateja, Hon. Maricela Moore, Audrey Moorehead, Kathryne Morris, Cheryl Camin Murray (Vice Chair), Erin Nowell (President, J.L. Turner Legal Association), Javier Perez (President, Dallas Hispanic Bar Association), Sarah Rogers (President, Dallas Women Lawyers Association), Mary Scott, Jason Shyung (President, Dallas Asian American Bar Associations), Amy M. Stewart and Victor D. Vital Advisory Directors: Stephanie Gause Culpepper (PresidentElect, Dallas Women Lawyers Association), Isaac Faz (President-Elect, Dallas Hispanic Bar Association), Justin Gobert (President-Elect, Dallas Association of Young Lawyers), Andrew Spaniol (President-Elect, Dallas Asian American Bar Association), and Koieles Spurlock (President-Elect, J.L. Turner Legal 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: Andy Jones and Carl Roberts Vice-Chairs: James Deets 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 Dockery, Elisaveta (Leiza) Dolghih, Angela Downes, Sheena Duke, Charles Dunklin, Alex Farr, 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, 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: Viridiana Mejia, Marcela Mejia Law-Related Education & Programs Coordinator: Melissa Garcia Marketing Coordinator: Mary Ellen Johnson Membership Director: Kimberly Watson Projects Director: 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 Paralegals: Whitney Breheny, Miriam Caporal, Star Cole, Tina Douglas, Andrew Musquiz, Carmen Perales, Alicia Perkins, Dominick Vallejo Program Assistant: Patsy Quinn Secretary: Debbie Starling Copyright Dallas Bar Association 2019. 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.
May 2019â€
D al l as Bar A ssoci ati on l Headnotes 5
6 H e a d n o t e s l D a l l a s B a r A s s o ciation
Column
May 2019
Ethics
The Landman/Lawyer – The Two Hat Dilemma – a Case Study BY FRANK BROYLES
One does not have to spend much time in the oil and gas industry before encountering an individual who is both landman and practicing lawyer, the situation is not uncommon—and it can be quite problematic for the lawyer. Ethics issues typically center around Section IV of the Texas Disciplinary Rules, specifically 4.02, “Communication with One Represented by Counsel,” and 4.03, “Dealing with Unrepresented Person.” D.R. 4.02 states, in part, (a) In representing a client, a lawyer shall not communicate or cause or encourage another to communicate about the subject of the representation with a person, organization or entity of government the lawyer knows to be represented by another lawyer regarding that subject, unless the lawyer has the consent of the other lawyer or is authorized by law to do so. (b) In representing a client a lawyer shall not communicate or cause another to communicate about the subject of
representation with a person or organization a lawyer knows to be employed or retained for the purpose of conferring with or advising another lawyer about the subject of the representation, unless the lawyer has the consent of the other lawyer or is authorized by law to do so. D.R. 4.03 states, In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding. The Comment to D.R. 4.03 provides that, “During the course of a lawyer’s representation of a client, the lawyer should not give advice to an unrepresented person other than the advice to obtain counsel.” A complex but quite interesting case on the topic concerns the ongoing saga of Texas attorney Kerwin Stephens, his law firm Stephens & Myers, LLP, and Ste-
City of Dallas Mayoral Runoff Debate Debate will include the two final candidates. Moderated by Gromer Jeffers, Dallas Morning News. Monday, May 13, Noon at Belo RSVP to jsmith@dallasbar.org Sponsored by the DBA Public Forum/Media Relations Committee, League of Women Voters, and Dallas Friday Group
phens other entities, including his wholly owned land title company, Thunderbird Land Services, LLC. The case facts included claims against Stephens of self-dealing, breaches of fiduciary duty and conspiracy. The aspect of the case relevant to this article is Stephens primary defense that his actions were in his capacity as a representative of Thunderbird, not as a lawyer, and that he and his law firm were not liable in the capacity in which they were sued. To support his defense, Stephens argued, among other things, that other attorneys had represented the adverse parties. Not so said the jury, the trial court and the Eastland Court of Appeals. Following a jury trial, the 32nd District Court, Fisher County, Texas, awarded significant damages against Stephens and Thunderbird, including exemplary damages against each in excess of $5,000,000. In a 64-page opinion the Eastland Court of Appeals affirmed in part, those portions of the trial court’s judgment against Stephens in favor of Hunt Resources and Raughton that pertain to the attorney–client relationship: namely, $850,083 and $739,636 in actual damages, respectively, and $2,000,000 and $1,000,000 in exemplary damages, respectively. It also affirmed the $1,600,000 fee disgorgement award against Stephens law firm, Stephens & Myers. Stephens et al v. Three Finger Black Shale Partnership, et al, 11-16-0017 (Tex. App – Eastland, Dec. 31, 2018 no pet). The rational for the award, according to the Eastland Court of Appeals, based on legal and factual sufficiency of evidence standards, included: (1)
failures to disclose to other parties that Stephens was not their lawyer and they should retain other counsel because Stephens companies were involved in the deal, (2) the creation of documents by Stephens whereby, he created a monopoly by which his [title] company would perform all landman activities and be paid for it, (3) evidence that Stephens misrepresented material facts to unrepresented parties and (4) he threatened to quit if he did not get a bigger piece of the equity pie. The Eastland Court of Appeals, at page 57 of its opinion, made special note that Mr. Randy Johnston, a malpractice expert employed by the aggrieved parties, felt that the case was so important to the State Bar of Texas and so egregious that he was not charging for his court or travel time. Of course there are multiple ethical conclusions to be drawn from this case. Possibly the three most important for the landman/lawyer are: act with honesty and integrity, understand your role and the hat you are wearing and ensure, by written disclosure, that those with whom you deal who are not represented by independent legal counsel clearly understand that you do not represent them and that they should seek independent legal counsel. Simply put, recognize the dangers inherent in the dual roles and do not give unrepresented parties any reason to believe you are their lawyer, whether you are acting as a lawyer or as a landman. HN Frank Broyles, of the Law Office of Frank L Broyles, is a member of the DBA’s legal ethics committee and can be reached at frank.broyles@utexas.edu.
FEDERAL & STATE CRIMINAL DEFENSE FEDERAL & STATE CIVIL TRIAL MATTERS
Knox Fitzpatrick ✯ Jim Jacks ✯ Bob Smith ✯ Mike Uhl ✯ Ritch Roberts 500 NORTH AKARD STREET, ROSS TOWER, SUITE 2150 DALLAS, TEXAS 75201-6654 | 214-237-0900 *Independent Law Offices
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May 2019
Energy & Environmental Law
Practice Tips for Transactions Involving Environmental Matters BY AMANDA ARAGON
At some point in a transaction, you may find yourself navigating a contaminated piece of property, or a company subject to extensive environmental regulations. Below are common questions that prospective purchasers or sellers may face in the course of these transactions. As a prospective purchaser, I discovered contamination through a Phase I or Phase II Environmental Site Assessment (ESA). Must I report this to a regulatory agency? Usually, no. A Phase I or Phase II ESA often analyzes soil, groundwater, and associated vapor issues. Sometimes, this ESA will reveal significant contamination that leaves a prospective purchaser wondering whether they have a duty to report this contamination to a regulatory agency. This question is often complicated by confidentiality agreements that bind a prospective purchaser, even if the purchaser ultimately decides not to buy the property. Often, these confidentiality agreements will, or should, have a provision which allows a party to reveal confidential information as necessary to comply with the law. However, even without such a provision, the prospective purchaser may be in violation of the law by not disclosing such information. This question will depend on
the state in which the property is located, and what type of contamination is discovered. For example, in the Texas Water Code, any person who knowingly allows for a discharge of waste or a pollutant into state waters and by that action knowingly places another in imminent danger of death or serious bodily injury, may be subject to criminal penalties. Also in Texas, engineers who become aware of an unpermitted landfill during development must report it to the state within thirty days, though this reporting obligation only affects owners or operators. In Maryland, any “responsible person” who possesses sample results or assessments that exceed certain environmental standards must notify the state, though again this only affects owners or operators. Overall, it is rare for a state to require the prospective purchaser to disclose the results of an ESA. But once the prospective purchaser becomes the owner, those reporting requirements likely will apply. What should be included in environmental definitions, representations and warranties? It is common for environmental definitions, representations and warranties to be recycled from deal to deal. This is efficient but risks omitting characteristics that may be unique to the deal at hand. For example, many contracts will rely on a
definition of “hazardous substance” by referencing the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). While this covers most substances, it may not cover the substances that are actually of concern in the transaction. CERCLA, for example, does not apply to oil or petroleum. It similarly does not cover PFOAS or PFOS, substances which are gaining increased attention from regulators. To be safe, it is advisable for these substances to be added to applicable environmental definitions in order ensure coverage in the representations and warranties. Additionally, where hazardous substances or wastes are concerned, drafters should pay particular attention to how such substances or wastes are generated, treated, transported, stored, and disposed. This is because liability may attach at any point in this chain, and a representation or warranty that is missing one of these terms may not provide as much protection as a prospective seller or purchaser intended. Environmental due diligence issues to keep in mind: Almost anyone conducting due diligence in a transaction with environmental issues knows to look for regulatory approval and permitting requirements or pending enforcement actions related to water, waste, or air emissions because these are possible showstoppers that can derail a deal. Below are other less obvious, but potentially tricky
compliance deficiencies which may slow a deal or add conditions to closing: • In Texas, if a company provides potable water from its own water source (such as a well) to at least twenty-five of the same people for at least six months, then it is a Public Water System that must be registered with the state. This requirement cannot be avoided by providing bottled water. • Aboveground storage tanks and underground storage tanks require proof of active registration or proof of closure. • Certain third-party work invoices or work-accident reports may be a sign of an unreported spill, which may signal a potential soil or groundwater contamination issue. It may be worth asking for information regarding whether any contaminated media was excavated, how many gallons of what substance were spilled, whether any further testing was performed, and whether an insurer was notified. • Common operational concerns include: lack of a Stormwater Pollution Prevention Plan (to control sediment and erosion) or a Spill Prevention Control and Countermeasure Plan (for oil spills); employees having received proper Occupational Safety and Health Act (OSHA) training; and drums and storage containers not properly labeled in accordance with OSHA. HN Amanda Aragon is an associate at Foley Gardere (Foley & Lardner LLP). She can be reached at aaragon@foley.com.
NEED TO REFER A CASE? The DBA Lawyer Referral Service Can Help. Log on to www.dallasbar.org/lawyerreferralservice or call (214) 220-7499.
The Dallas Bar Association is launching an “Entrepreneurs in Community Lawyering” Program in 2019 as the first local legal incubator program in Dallas. Through the Entrepreneurs in Community Lawyering program the DBA seeks to create a pipeline of socially conscious lawyers that are well equipped to launch a financially sustainable solo or small firm practice that caters to a lower income clientele. WHO CAN PARTICIPATE? Recent law school graduates licensed less than 5 years with a strong interest in starting a solo or small firm practice serving a modest-means clientele. All participants must complete an application and interview process and be invited to participate. Participants must demonstrate determination, an entrepreneurial spirit, dedication to providing access to justice, and a firm commitment to the program. Sustainability of the applicant’s proposed practice area is also critical. It is anticipated that the program will have eight to ten lawyers per session.
Visit www.dallasbar.org/incubatorprogram to apply Application, Résumé & Statement of Intent due Friday, June 21, 2019 Contact Kathryn Zack with questions. kzack@dallasbar.org (214) 220-7450
Asset Forfeiture Litigation Scott Gilbert has over ten years of experience successfully litigating asset forfeiture matters in state and federal courts, both as a former Assistant United States Attorney and in private practice representing defendants, claimants and lienholders in criminal and civil forfeiture matters. Scott has extensive experience with, and a deep understanding of, the government’s internal procedures for handling seized and forfeited assets. His firsthand knowledge of how both the legal and bureaucratic processes of the federal forfeiture apparatus work enables him to ensure the interests of defendants, claimants and lienholders are fully protected. Scott is admitted to practice in the state and federal courts in Texas and Mississippi. He may be contacted at 601.965.1922 or sgilbert@watkinseager.com.
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May 2019
Energy & Environmental Law
Practical Considerations for End-of-Life Mineral Transfers BY ROBERT ROLL
When a Texas resident’s estate will include mineral assets, particularly if they are spread across multiple jurisdictions, preparation for end-of-life transfers can mitigate many of the usual complications and minimize interruption to the assets’ valuable revenue streams. Below are a few practical suggestions to consider.
Assemble Detailed Information
Maintaining well-organized and upto-date records is the best way to facilitate a seamless transfer of the mineral assets after death. Collect copies of instruments from which title is derived along with related documents, such as leases and pooling agreements. Gather division orders and payment details, and organize lease and purchase offers. Now is the time to assemble detailed information about the assets for future use.
Plan Ahead for Out-ofState Minerals
The transfer of mineral assets located in another state after an owner’s death is a widely-loathed process as a result of the time and expense involved. Even if full ancillary probate is not required, most states require a local judge to sign off on the Texas probate and to empower the Texas executor to act in the foreign jurisdiction. If this process is necessary, the goal is to minimize delay and revenue interruption as much
as possible. To avoid unnecessary delay, have on hand at least one exemplified copy of the Texas probate documents (including a “three-way” certificate, the will, and the order admitting the will to probate, plus recent letters testamentary) for each foreign jurisdiction where estate minerals are located. To minimize revenue interruption, wait to notify any operator/purchaser of the impending transfer until the out-of-state transfer deed is returned from recording.
Consider Conveyances During Life
It may be wise to consider a lifetime transfer to a legal entity, especially when mineral assets are located in another state. By creating an entity for this purpose, the mineral assets will not need to be re-titled at death because title will remain vested in the entity rather than the individual. The mineral assets can be held by the entity for multiple generations, and with thoughtful consideration paid to the buy-sell/transfer provisions in the entity’s governing documents, fractionalization of the mineral assets can be prevented. Similarly, minerals assets can be conveyed to would-be heirs during life, either outright or, if existing revenue streams from royalty proceeds are important to the current owner’s standard of living, with the reservation of a life estate. In the event a life estate is reserved, however, make sure the instrument creating the life estate contractually defines the rights of the life tenant and remaindermen, including who has the right to lease and whether royalties
DVAP’s Finest ERIC PFEIFLE
1. How did you first get involved in pro bono? I first became involved when I was a young associate and took on a no kids/no property divorce through DVAP after a visit from Chris Reed-Brown to our office. As a baby transactional lawyer, I was nervous to take that case on, but I loved it and it proved to be a great springboard into doing more cases. 2. What types of cases have you accepted? I’ve been very lucky to handle a diverse set of matters over the years. Everything from divorces to wills to name changes to asylum cases to reviewing bylaws to forming 501(c) (3) non-profit organizations to expunctions for veterans to advocating for minors and many, many more. 3. Why do you do pro bono? It is our obligation as attorneys to serve our community. There are a lot of folks out there who need help and we are in a position to provide that help. And, selfishly, it is very rewarding! It’s an awesome feeling to be able to make a positive difference in peoples’ lives, and in my experience, your clients will let you know how much you mean to them. 4. What impact has pro bono service had on your career? I wouldn’t be the lawyer I am today without it. You can learn so much about yourself and about practicing law.
may be consumed or must be preserved by the life tenant.
Reinforce the Inventory
The Estates Code requires a “detailed” inventory of all Texas real property, including the mineral assets of the deceased. Often, however, the specificity used in an inventory does not meet the standard required for a valid conveyance—a description containing within itself or by reference to other existing writings the means to identify property with reasonable certainty. If the inventory, for instance, refers to producing wells by Railroad Commission lease number or API number only, its descriptions would be insufficient for conveyancing purposes and would likely ignore ownership in surrounding acreage. Consider adding recording references to the instruments giving rise to the deceased’s ownership. If this information is not on hand, most Texas deed records can be searched for free through online services, such as TexasFile and CourthouseDirect, eliminating the cost of paying someone to conduct courthouse research. By reinforcing the inventory’s details, the document will contain descriptions useable for conveyancing and provide reliable information to determine exactly what passed through the estate.
Clarify with Distribution Deeds
Title vests pursuant to the terms of a deceased’s will upon death, and record title can be established by recording certified copies of the probate documents (including the will and order) in the deed records of each county where property is located. As a result, an estate distribution deed is not always prepared. A distribution deed, however, can supply critical information not found in the will, leaving a trail of title “breadcrumbs” to follow. This trail is critically important where it is not possible to determine heirship from the will itself because vesting depends upon unknown facts. For example, the identity of an heir may depend on marital status, age, or survivorship. Or, where multiple trusts are devisees in a will, it may not be clear which trust was funded with which property. Recitals in a distribution deed can supply these facts, clarifying the chain of title, and precisely evidencing how title vested. Preparation of distribution deeds, even if not legally required to pass title, is a way to proactively answer title questions before they generate requests for curative documentation or cause suspense of royalty proceeds. HN
Robert Roll is a partner at Hoge & Gameros, LLP. He can be reached at rroll@legaltexas.com.
10th Annual Child Welfare Conference Friday, May 17, 8:30 a.m. to 4:00 p.m. at Belo MCLE 6.00 (Ethics 3.00) For rates and registration information, log on to www.dallasbar.org. Presented by the DBA Juvenile Justice Committee
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5. What is the most unexpected benefit you have received from doing pro bono? I’ve made a lot of great friends—both colleagues and clients. It is a great community here in Dallas—truly a model for the rest of the country.
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May 2019
MENTAL HEALTH AWARENESS
Three Yellow Bricks on the Road to Recovery BY KELLY RENTZEL
In late 2017, I publicly spoke about my bipolar disorder in a CLE sponsored by the Dallas Bar Association, breaking a 22-year silence. In both that initial speech and my related website, bipolaroz.com, I compared my bipolar journey with Dorothy’s trip through Oz. Having traveled the road from broken shack to Emerald City, I offer these three “yellow bricks” that I think are essential to any recovery:
Brick 1: Reject Shame
Before I could move forward at all, I had to reject the shame of having my condition. A solid recovery requires focus, the willingness to learn about the condition (for awareness and prevention), and support from others. Churning on shame wastes brain cycles, drives the sufferer into denial (and resistance to
much-needed help), and causes isolation. Shame will not go away on its own. It must be forcefully and repeatedly rejected through therapy and/or selftalk. Even decades after my initial diagnosis, I occasionally feel its pangs. But only by pushing it away did I have success in recovery.
Brick 2: Seek Help
Doctors and medications, as well as other treatments, certainly fall within the “Seeking Help” category, and, yes, they have been essential to my recovery. But I also credit some wonderful people who have helped me on the road to wellness. Seeking help can be hard, but it is well worth it. In 1996, as I prepared to return to Rice University after a onemonth hospitalization and tough diagnosis, I knew I would need help from others. I wrote letters to eight friends
Peer Support Resources TLAP: CONFIDENTIAL. RESPECTFUL. VOLUNTARY (Health & Safety Code §457) Contact: 1.800.343.8527 | TexasBar.com/TLAP Dallas Bar Association Peer Assistance Committee Where: 2101 Ross Avenue, Dallas Texas 75201 When: Committee Meetings the 2nd Monday of the month. Phone: 214.220.7400 Lawyers Concerned For Lawyers – Dallas Chapter Where: First United Methodist Church. 1925 San Jacinto When: Thursdays 12 p.m. – 1 p.m. Lawyers Concerned For Lawyers – North Dallas/Plano Chapter Where: Meridian Business Center Boardroom, 555 Republic Dr. Suite 200, Plano, Texas When: Tuesdays 12 p.m.– p.m. Confidential Support Group For Depressive Attorneys Attendance limited to: Attorneys currently depressed and those seeking to maintain remission for the disease. Where: Doubletree Hotel Campbell Centre. 8250 N. Central Expressway, Dallas When: 2nd Monday of the month. 6:15 p.m. – 8:00 p.m. Women’s Confidential Mental Health Support Group Meeting: Attendance limited to: Women Attorneys who have experienced depression, bipolar disorder, PTSD or other mental illnesses. Where: Central Market Café. 5750 East Lovers Lane. Upstairs,Community Room B When: 3rd Thursday of the month 11:45 a.m. – 1:15 p.m. Phone: Renda Miller – 214.202.2800
explaining what had happened and asking for their support. They responded with open hearts, and their acceptance and understanding made a world of difference. To this day I continue to rely on several of them. Moral support for lawyers in recovery is available through the Texas Lawyers’ Assistance Program’s peer assistance program and support groups like John McShane’s Monday Night Group. I have benefited from friendships formed through both of these groups.
Brick 3: Borrow Inspiration
This is my favorite brick. If you’re to the point where you can borrow inspiration from others, you are well on your way to recovering. There are so many wonderful stories out there, and, while stories of recovery are helpful, a story doesn’t have to be directly related to mental ill-
ness or drugs in order to be inspiring. For example, when I returned to Rice, I chose Olympic gymnast Keri Strug as my inspiration. After injuring her leg during a vault, she had to face down the same apparatus again to compete for Olympic gold. Long story short, she nailed it. Like Keri, I was facing the same challenges that had “injured” me before—college courses and the stress of not knowing what I would do after graduation. All I had to do was finish one semester. Just one. As I walked on to campus that second semester, I pictured the runway of mats and the vault ahead. And you know what? I pretty much nailed it. You can, too. HN Kelly Rentzel is a Dallas native who graduated with honors from the Dedman School of Law at SMU. She is General Counsel at a Dallas bank. Kelly is mother to a nine-yearold daughter and lives in University Park. She is currently working on a book about her experiences.
3 Mistakes Law Firms Make Dealing with Attorney Addiction l Failing to have a plan l Not offering help early on l Not planning for a return Read the full article online at www.law360.com/articles/1143110/3-mistakes-law-firms-makedealing-with-attorney-addiction
TLAP SERVICES
l Confidential Services l 24-hour hotline and crisis counseling l Peer contact and support l Referral to resources including lawyer support groups
l Confidentiality and immunity protections under Texas Health and Safety Code, Chapter 467 l Consultation and compliance services relating to TDRPC, Rule 803 “Reporting Professional Misconduct” l Custom CLE program l Stress management education
Keeping Balance After Law School: Overcoming the Mental and Physical Challenges of Lawyers Friday, May 17, Noon at Belo | Ethics 1.00 Speakers: Terry Bentley-Hill, Heather Gram-Chavez and Tyler Jordan
Top 10 List of Recovery Truisms
Co-sponsored by the Peer Assistance and Transition to Law Practice Committees. RSVP to yhinojos@dallasbar.org
1. GRATITUDE: A daily gratitude list of the things for which we are grateful keeps our minds focused on what we have, and not on what we don’t have. 2. KINDESS: Like most antidepressants, kindness stimulates the production of Serotonin, the chemical that heals wounds, calms and makes one happy. 3. GRIEF: You never get over it; you just get better. 4. HOPE: There is no situation too great to be bettered and no unhappiness too great to be lessened. 5. FIRST THINGS FIRST: Do the next right thing. 6. PERSPECTIVE: There is an island of opportunity in the middle of every difficulty. 7. OPENNESS: Our secrets keep us sick. 8. AWARENESS: Keep your head where your feet are. 9. HEALING: Being a little kinder, a little slower to anger, a little more loving makes life better, day-by-day. 10. FAITH: A spiritual connection determines how well many deal with life.
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
May 2019
D al l as Bar A ssoci ati on l Headnotes 13 MENTAL HEALTH AWARENESS
Getting the Word Out About Mental Health BY MARILYN CAVICCHIA
“You can’t be the best lawyer,” said criminal defense attorney Terry Bentley Hill, “if you’re a sick lawyer.” Perhaps that points to a different strategy when it comes to talking to lawyers about mental health, she told attendees at the 2018 National Association of Bar Executives Communications Section Workshop in Omaha, Neb. Lawyers tend to value success and “winning,” she explained—so, why not emphasize mental health as one key to those good results? Chelsea Schutter, treatment officer for adult probation in the Nebraska Probation Office, seconded Hill’s idea and also noted that it’s important to be proactive rather than waiting for lawyers to reach a crisis point and ask for help, get in disciplinary trouble—or worse. Mental illness should come out of the shadows and be treated as another form of disability, and even diversity, said Kelly Rentzel, general counsel at Texas Capital Bank—and one way to start is by not using the word “stigma.” This word is a “little carve-out,” a euphemism that helps soften what is actually “prejudice and ignorance” toward those who have a mental illness, she explained.
The Power of the Personal Story
One way to combat this prejudice and ignorance is through personal stories, the panelists said; both Hill and Rentzel (who has a blog about bipolar disorder) are very open and visible within their home state of Texas and encouraged attendees to seek lawyers in
their area who are similarly willing to come forward.
Learning the Language
“Not one lawyer has been angry that I’ve called them” to express concern, Hill noted. “They’ve been relieved.” Often, she said, someone who is struggling feels increasing pressure that may build to such a point where a specific event or problem triggers a suicide. Talking helps relieve that pressure, she said—which means it’s critically important that everyone “stop minding our own business” and speak up when we’re concerned about someone. All the panelists agreed that encouraging better mental health among lawyers requires a more direct approach than simply publicizing the phone number for the lawyer assistance program and hoping that lawyers call if they need help. Depression, anxiety, and other mental health problems alter a person’s thinking to such an extent that “they speak a different language,” Hill said, and may not fully realize they have a mental illness until they begin treatment and experience a different way of thinking. Rather than guessing at a diagnosis or using “absolute words,” Hill recommended simply expressing concern and asking the more open-ended question, “Are you OK?” For communicators and anyone else who might need to speak or write about mental health, Schutter recommended shifting from framing things as being “normal” or not normal, and phrasing them in terms of healthy or unhealthy. Much of what is considered normal in the legal profession is actually quite unhealthy, she explained.
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Challenging What is Unhealthy
Effective treatment for mental illness, Hill said, often requires a multifaceted approach that includes medication, cognitive therapy, peer support, dietary changes—and sleep. Rentzel, too, pointed to adequate sleep as an important key to wellness, and one that is often overlooked. From her experience in a large law firm, she recalled that partners were often “cavalier” about giving an assignment at 10:00 p.m. that was due at 7:00 a.m. the next day. It was akin to the way medical residents are expected to be on call for 24 hours at a time, she said. Often, Rentzel said, recovery is
viewed as a “charity thing,” where employers believe they’re being nice by allowing someone to keep their job. Instead, she advised, emphasize the high cost that a firm or other workplace incurs when someone leaves, taking their experience, connections, and institutional memory with them. “It’s not worth losing a 15-year partner,” she said. “There’s value in keeping people in the profession.” This article first appeared in the NovemberDecember 2018 issue of Bar Leader, a publication from the American Bar Association Division for Bar Services and Standing Committee on Bar Activities and Services, and is reprinted here with permission. HN
Facts About The Legal Profession’s Mental Condition
l Depression is the highest of all professionals l Attorneys are three times more likely to suffer from depression than other professions l Attorneys are two times more likely to die by suicide l 11% of attorneys contemplate suicide monthly l The rate of death by suicide for lawyers is two to six times that of the general population l Suicide is the 3rd leading cause of death after cancer and heart disease l Studies show that 46% of attorneys report suffering from depression during their careers l 18 people are directly affected by one person’s suicide l 36% of attorneys meet the criteria for substance use disorder l Substance abuse increases the odds of suicide by six times Source: ABA and Betty Ford Hazelden Foundation 2016 Report
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May 2019
New Operations Manager and Executive Chef at Belo STAFF REPORT
The Dallas Bar Association welcomes two outstanding new members to the Belo Mansion staff. Born and raised just outside of Atlantic City, New Jersey, Michael Martin is no stranger to the fast-paced world that is hospitality. Soon after graduating from Rider University with a degree in History, Mr. Martin found himself working as a houseman at an historic hotel in New Jersey and quickly moved up the ranks. His career in Dallas started in 2015 as a banquet Captain at the Le Meridien Dallas by the Galleria. After a brief stint in the country club world, he returned to hotels as the Banquet Manager for the historic Stoneleigh Hotel in Uptown Dallas. Now he has finally found a home here at the Belo Mansion as the new Operations Manager. Spicing up the Belo kitchen with his delicious culinary talents is Executive
Michael Martin
Joey Villarreal
Chef Joey Villarreal. A Texas native, Chef Joey’s culinary career started as a
teenager and his passion has led him to travel the world. He has managed kitch-
ens in New York, Bahamas, Puerto Rico, and throughout Texas, as well as opening hotels in Boston, Austin, and Istanbul. He has worked with great chefs such as Chris Ward, Jim Mills, and Jean Georges Vongerichten. Chef Joey joined Culinaire in 2013 as Executive Chef at The University of Texas at Southwestern Medical Center in Dallas. He managed the café and the Executive Court, and catered events for renowned physicians and donors. He soared to another culinary opportunity for about a year to renovate a bed and breakfast venue in Arlington, Texas, but realized that his home is with Culinaire so he returned as the Executive Chef at the Belo. Chef Joey has a wonderfully patient wife and three beautiful children; Cassandra, 12; Leo, 4; and Jocelyn, one. The Dallas Bar Association is pleased to welcome Mr. Martin and Chef Joey to the Belo Mansion. HN
DBA Gives Back | 2019 Initiative: Environmentalism The Dallas Bar Community Involvement Committee announces three opportunities for you to roll up your sleeves and do some good for the annual DBA GIVES BACK spring event: 1. Oak Cliff Nature Preserve/Kiest Park, 9:00 a.m., RSVP to beth@bethmjohnson.com 2. Spring Creek Nature Preserve, 9:30 a.m. RSVP to jerri.hammer@armaninollp.com 3. Cedar Hill State Park, 9:30 a.m. Look for Natalie by the Solar Panels.
Sign up online at www.signupgenius.com/go/20f044faca822a1f58-dbagives
May 2019â€
D al l as Bar A ssoci ati on l Headnotes 15
16 H e a d n o t e s l D a l l a s B a r A s s o ciation
May 2019
The Right to Tweet BY BRENT A. TURMAN
Social media platforms made waves in 2018 when they suspended accounts of controversial figures like Alex Jones. Depending on what news outlet you follow, these actions may or may not have seemed justified. On the one hand, how can these platforms restrict a user’s right to speak freely online? On the other hand, doesn’t a platform have the right to protect its other users from abusive behavior? That’s where each platform’s terms of service and related policies come into play. While most attorneys understand how the relationship between users and platforms works, many users may be surprised to learn that having access to a social media platform is a contractual privilege, not an inalienable right. Each platform’s rules can take various forms. For example, Twitter’s “User Agreement” includes a trilogy of legal documents: the Twitter Rules,
Privacy Policy, and Terms of Service. Likewise, Facebook has multiple policies and relies heavily on its Community Standards. Regardless the format, the user agrees to abide by these rules, which the platform reserves the right to change at its discretion, simply by creating an account. These rules have evolved over time, both in reaction to and in anticipation of trends in user behavior. For example, most, if not all, people reading this article have heard about alleged Russian interference with U.S. elections through the use of social media. Russian-created pages deceptively seemed as if they were operated by Americans. Similarly, the distribution of “fake news” has become a reality on both sides of the political aisle. Platforms like Facebook have made the calculated decision to not remove what is deemed to be false news (interestingly, Mark Zuckerberg and Facebook refuse to adopt the term, “fake news”).
Conference of the Professions “Crossing Borders” Friday, May 24, 2019, 8:00 a.m.-Noon at Texas Scottish Rite Hospital
Instead, Facebook relocates what it determines to be false news to areas lower in a user’s newsfeed, effectively making it less likely the content will be viewed without removing it entirely. Facebook likely concluded this less aggressive approach would stave off bad PR, as well as potential litigation. However, social media platforms have drawn a metaphorical line in the sand by suspending or terminating user accounts based on abusive behavior. As mentioned above, Alex Jones has spread his strong opinions around the digital world for years. In particular, YouTube provided his video feeds to the masses. But these platforms determined he went too far after he continuously asserted that the Sandy Hook mass shooting was a hoax and parents of child victims were merely paid actors. In addition to facing multiple defamation lawsuits and invasive discovery, Jones also lost his accounts with Twitter, Spotify, Facebook, YouTube, and Apple, and no longer had a way to effectively communicate with his millions of followers. While Jones still has the ability to reach people from his website, overall viewership has plummeted now that social media is no longer a reliable means of disseminating his message. What gave these platforms the power to pull the trigger? You guessed
it—the rules they enacted. The Twitter Rules include prohibitions against certain abusive behaviors and “hateful conduct.” YouTube’s Community Guidelines include policies against hate speech and harassment. In reaction to Jones’s actions, Facebook enacted a rather specific prohibition within its policy regarding harassing behavior: a user shall not claim “that a victim of a violent tragedy is lying about being a victim, acting/pretending to be a victim of a verified event, or otherwise is paid or employed to mislead people about their role in the event….” Remember the Golden Rule: he who has the gold makes the rules. Social media platforms created a whole new world where many Americans spend a sizeable portion of their lives. The platforms are the gatekeepers, and they control who gets access to their universe. If users do not like it, then they can delete their accounts or follow the respective platform’s mandatory dispute procedures. But, they should not expect to get their day in court, because you better believe most of these platforms included arbitration provisions in their rules. HN Brent A. Turman is a Senior Associate in Bell Nunnally & Martin LLP’s commercial litigation section. He can be reached at bturman@bellnunnally.com.
Nina Cortell Receives Fellows Justinian Award
Keynote Speaker: Liz Cedillo-Pereira City of Dallas Director of Welcoming Communities and Immigrant Affairs www.smu.edu/Provost/Ethics/Events/COP/2019
The Dallas Bar Foundation presented Nina Cortell (center), of Haynes and Boone LLP, with the Fellows Justinian Award. Ms. Cortell is pictured with Scott McElhaney, Foundation Chair (left) and Joel Crouch, Foundation Fellows Chair (right).
THANK YOU SPONSORS OF THE 27TH ANNUAL DBA GOLF TOURNAMENT Alston & Bird Bradley Arant Boult Cummings LLP Brousseau NaŌis & Massingill, P.C. Byrne, Cardenas & Aris LLP Carstens & Cahoon, LLP Condon Tobin Sladek Thornton PLLC
J
SUNDAY, MAY 12TH 13TH | 10:30 A.M.‐2:30 P.M. PAVILION AT THE BELO MANSION
oin us for a culinary tour at the beau�ful Pavilion at the Belo Mansion as you celebrate Mother’s Day. Dine in the ballroom or on the exquisite terrace overlooking the Arts District and enjoy complimentary champagne and mimosas. A boun�ful selec�on of fresh fruit, breakfast breads, chilled seafood sta�on, carved prime rib, omelets and freshly made pancakes and waffles, a variety of pies, cakes and sweets, and the ever-popular children’s buffet. Serving hours from 10:30 a.m. to 2:30 p.m. | Adults: $41.50; Children 6-12: $13.75 Garage parking available ( from Olive Street. ) Taxes, gratuities and parking not included Reservations Required by May 9. Credit Card to hold reservation. No-shows will be billed. Call: ( 214 ) 220-7404 or email culinairesales@dallasbar.org. Limited seating. Sponsored by the DBA Entertainment Committee.
Crain Lewis Brogdon, LLP CrockeƩ McBride & Associates at Merrill Lynch Wealth Management Deans & Lyons, LLP Esquire DeposiƟon SoluƟons, LLC Foley Gardere LLP Goranson Bain Ausley, PLLC Haag Engineering The HartneƩ Law Firm HC Legal Search J. Edwin MarƟn, AƩorney and Counselor at Law
May 2019
Focus
D al l as Bar A ssoci ati on l Headnotes 17
Energy Environmental Law
Like Kind Exchanges of Oil & Gas Rights BY CRAIG BROWN AND TODD KEATOR
Section 1031 Exchanges involving oil and gas assets are increasing in popularity and in transaction size. In undertaking such exchange, care must be exercised in selecting a qualified intermediary experienced in these transactions and in navigating the legal issues unique to these oil and gas exchanges. This article describes these considerations.
Technical & Practical Issues:
1. Delayed Exchanges - Relinquished. Section 1031 Exchanges (Exchanges) which are not direct simultaneous swaps of ownership interests require the use of a Qualified Intermediary (QI) to facilitate the Exchange. The QI must be engaged before the closing of the first relinquished and should provide a set of form exchange documents inclusive of an Exchange Agreement, and for each relinquished and replacement property, an Assignment of Exchanger’s rights in the purchase and sale agreement and Notice to the Buyer. 2. Money Flow. The funds should be paid directly to the QI by the seller or escrow. If the Exchanger desires to take boot (i.e., cash) at closing, then the amount to be received by the Exchanger should be denominated in the Assignment as being reserved out of the Assignment of rights. Otherwise, the boot may not be taken until the conclusion of the exchange which may not occur until midnight of day 180. The account may bear interest to the Exchanger when allowed under the regulations. 3. Security of Proceeds. Although not required, the QI should establish a segregated bank account for each exchange it facilitates and should not comingle exchange proceeds from multiple Exchangers. The QI should offer a qualified trust/escrow, which is an additional safe harbor. Accounts with this designation have been given preference in cases of QI bankruptcy. The QI trade association requires of its members a minimum $1 million fidelity bond, but some carry up to $100 million of fidelity bonding. 4. Delayed Exchanges – Replacement. The QI should provide notice of deadlines and instructions for identification and acquisition of replacement properties (45 days to identify and 180 days to close). The QI should provide the Assignment of the purchase and sale agreement for the replacement property and Notice to buyer and coordinate with the seller or escrow company for the transfer of the exchange proceeds for settlement. 5. Expertise & Dialogue. While these are minimums that should be expected of the QI, the transactional counsel should be able to rely on the QI to assist with issue spotting and the delivery of cre-
The OAG Is Involved In My Divorce Case, What Do I Do Now?
ative solutions to client specific fact patterns. Examples may include parking title to property for reverse or improvement Exchanges and execution of strategies to exit partners and allow gain recognition to be specially allocated to the exiting partner.
Legal Issues:
Exchanges involving oil and gas raise special legal issues, including: 1. Real Property. The Tax Cuts and Jobs Act limited Exchanges to real property only. Most oil and gas rights qualify as real property for this purpose, including fee mineral rights, working interests/oil and gas leases, royalties, overriding royalties, and net profits interests. All of these generally are of “like kind” to each other and to traditional real property interests, such as land and buildings. Notably, production payments are treated as loans for tax purposes and are not real property.
2. Leasing Transactions. When initiating an oil and gas Exchange, the taxpayer must sell or exchange the subject interest and cannot lease it. Thus, where the taxpayer purports to sell oil and gas leases but retains a royalty or override in the disposition, the transaction will be treated as a leasing transaction for tax purposes and ineligible for Exchange treatment. In that case, restructuring must occur prior to closing to preserve Exchange eligibility. 3. Partnerships. Partnership interests are ineligible for an Exchange. Where oil and gas working interests are co-owned under a joint operating agreement, the interests are presumptively part of a “tax partnership” unless the owners elect out of the partnership. In that case, the tax partnership interests are ineligible for an Exchange and so the taxpayer must make the affirmative election out prior to disposing of the assets as part of an Exchange. 4. Recapture. When exchanging oil and gas interests for other oil and gas
interests, depletion and intangible drilling costs (IDC) recapture generally roll over and remain preserved in the replacement asset. However, where the replacement asset is real property that is not oil and gas (such as land and buildings), then depletion and IDC recapture cannot roll over and must be recognized as ordinary income in the Exchange. 5. Royalty Trusts. The recent tax act removed the prohibition against exchanging securities, which may have opened the door for Exchanges involving public royalty trusts taxed as grantor trusts (which own royalties). However, care should be exercised in selecting a royalty trust with the right type of royalty interests and in structuring the exchange under the QI safe harbor. HN Craig Brown is a senior vice president at Investment Property Exchange Services, Inc. (IPX1031®) and can be reached at craig. brown@ipx1031.com. Todd Keator is a partner at Thompson Knight LLP and can be reached at todd.keator@tklaw.com.
When your Class Action Suit needs a “suit,” trust the professionals at Jeeves Mandel Law Group. Roger Mandel and Scott Jeeves have the fire power to help your firm as co-counsel to litigate class action cases nationally against major corporations. When your case matters, call Jeeves Mandel Law Group.
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Thursday, May 16, noon at Belo Speaker: Karen E. Young, Office of the Attorney General of Texas MCLE 1.00
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18 H e a d n o t e s l D a l l a s B a r A s s o ciation
May 2019
Weil’s Finest Hours: Lend-a-Lawyer Preston Moore Joins DVAP BY MICHELLE ALDEN
Every year, the law firm of Weil, Gotshal & Manges LLP issues an annual pro bono review called “Our Finest Hours.” Weil’s proud tradition of their finest hours merges seamlessly with the Dallas Volunteer Attorney Program’s (DVAP) motto of “pro bono: it’s like billable hours for your soul.” Weil has made a commitment to the Dallas community to provide an associate attorney to work full-time inhouse for two months a year at DVAP, a program which provides civil legal services to low-income families in Dallas County. Weil launched its Lend-aLawyer program in 2005, and after a brief hiatus, the program is continuing at DVAP this spring. T. Ray Guy, the head of Weil’s Dallas litigation group and the Chair of the Dallas Pro Bono Committee, stated, “I’m proud to be a partner in a firm that is committed to providing legal services to people who can’t afford to pay for them. Preston Moore’s service as our twelfth Lend-a-Lawyer demonstrates that commitment. As far as I know, Weil remains the only law firm in Dallas that regularly seconds one of its lawyers to work at DVAP while he
Preston Moore
or she continues to receive full salary and benefits from the firm.” This year, Weil selected Preston Moore to participate in the Lend-aLawyer program. Preston is a corporate associate and a 2017 graduate of the University of Texas School of Law. He joined DVAP in March to get started on a wide range of cases, which are very different from his usual corporate work
Together We Lunch Wednesday, May 29, Noon at Belo Join us as we engage in safe and open conversations about race. RSVP to jsmith@dallasbar.org. Sponsored by the Public Forum/Media Relations Committee
at Weil. “I am grateful that Weil has provided me the opportunity to work fulltime with DVAP as the firm’s Lenda-Lawyer. Through my experience as a Lend-a-Lawyer, I’ve worked on a variety of cases to serve the program’s indigent clients, including family law, consumer rights, and expunction matters. The mentors at DVAP have been an extraordinarily helpful resource to allow me and other volunteer attorneys to achieve great outcomes for these clients,” Preston said. The benefits of the Lend-a-Lawyer program will continue long after his two months in-house with DVAP have ended. “Working with DVAP clients is particularly rewarding because it allows volunteers to leverage the resources of a large law firm practice to provide excellent legal service to help those in need. Upon returning to Weil, I hope to use this experience to be a resource for other Weil attorneys and coordinate connecting Weil volunteers with DVAP needs,” Preston added. Natalie Smeltzer Fortenberry, who served as Weil’s Lend-a-Lawyer to DVAP in 2014, echoes Preston’s experience. “It was a privilege to serve as a Weil Lend-a-Lawyer and dedicate 100 percent of my time to assisting DVAP clients. From divorces to adoptions, I was able to use my law degree to help
those who could not afford legal representation. I urge other firms to match Weil’s generosity and enable DVAP to have a Lend-a-Lawyer year round,” she said. Having a Lend-a-Lawyer on-site is incredibly beneficial when it comes to offering assistance to applicants who might otherwise have to be turned away due to limited resources, especially those with trial dates or other court appearances coming up soon. This ability to pivot quickly to a new case can offer up sought-after litigation opportunities for young associates in a world where cases increasingly settle rather than proceeding to trial. DVAP applauds Weil for sharing some of their finest hours working to close the justice gap in Dallas. DVAP is a joint pro bono program of the DBA and Legal Aid of NorthWest Texas. The program is the only one of its kind in Texas and brings together the volunteer resources of a major metropolitan bar association with the legal aid expertise of the largest and oldest civil legal aid program in North Texas. For more information about the Lend-a-Lawyer program, please contact Michelle Alden at aldenm@lanwt.org or (214) 243-2234. HN Michelle Alden is the Director of the Dallas Volunteer Attorney Program. She can be reached at aldenm@lanwt.org.
Mock Voir Dire
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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 5 for more than 200 Dallas ISD students, the event addressed the 2019 Law Day theme: Free Speech, Free Press, Free Society. Special thanks to event organizers Law in the Schools & Community Vice-Chair Chad Baruch and Judge Martin Hoffman. The opening panel consisted of (left to right): Judge Hoffman, 68th District Court; Danny Tobey, DLA Piper LLP; Chad Baruch, Johnston Tobey Baruch; Laura Benitez Geisler, DBA President; Judge Irma Ramirez, U.S. District Court Northern District; Mandy Price, Kanarys, Inc.; and Mary Walters, United States Attorney’s Office.
Martin Merritt Health Law and Healthcare Litigation Executive Director Texas Health Lawyers Association
Connect on LinkedIn www.linkedin.com/in/martinmerritt/ 214.952.1279
D Magazine Best Lawyers in Dallas 2018
SIGN UP FOR THE 2019 DBA 100 CLUB! What is the DBA 100 Club? The DBA 100 Club is a special membership category that recognizes firms, agencies, law schools and organizations that give 100% membership support to the DBA! What is the cost to join the DBA 100 Club? It’s FREE!
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How do you join? Firms, government agencies, and law schools with two or more lawyers as well as corporate legal departments can qualify if all of their Dallas office attorneys are DBA members. To join the 2019 DBA 100 Club, please submit a list of all lawyers in your Dallas office to Kim Watson, kwatson@ dallasbar.org. Once approved, we will add your organization to the 2019 DBA 100 Club member recognition list! What are the perks? Our 2019 DBA 100 Club members will be recognized in Headnotes, the 2020 DBA Pictorial Directory, and at our Annual Meeting in November. JOIN TODAY!
May 2019
Focus
D al l as Bar A ssoci ati on l Headnotes 19
Energy & Environmental Law
DrillCo Transactions: Alternative Financing For Oil & Gas Assets BY JORGE GUTIERREZ
The oil and gas industry is characterized by its ability to innovate. New technologies and new applications of old techniques have transformed the industry and the U.S. economy. Every obstacle is an opportunity to try a different approach. This is certainly the case when it comes to financing expensive drilling projects. In recent years, wide swings in commodity prices, coupled with unpredictable access to bank debt and capital markets, have led operating companies and investors to rely on the “DrillCo” transaction structure as an alternative means of financing the development of oil and gas assets. Before explaining how and when DrillCo arrangements are used and the basic terms of such transactions, it should be noted that, despite the name, a DrillCo is not a state-law entity; no entity is formed. Instead, a DrillCo represents a contractual arrangement between an exploration and production company (Operator) and a financial investor (Investor) to jointly develop the Operator’s oil and gas assets. The DrillCo structure is used in a variety of circumstances. Often, the underlying situation involves an operator that holds oil and gas leases and has drilled wells to prove an area is productive but finds it does not have the capital or does not want to use its existing capital to develop the remaining acreage. An Investor is willing to contribute the money to cover its share of drilling and completion costs and all or most of the operator’s share of such expenses for a specified plan of development. In exchange, the Investor receives a wellbore interest in the wells the Investor funded. Once the investor achieves a pre-determined internal rate of return (IRR) on its investment, most or all of the Investor’s working interest in the wellbore reverts to the operator. A DrillCo arrangement is commonly used in high-growth areas where the geological formations have been widely derisked (i.e., proven to be productive for oil and gas). This predictability results in an “inventory” of drilling locations with reliable cash flow, which is attractive to Operators and Investors, but it requires significant capital to develop. Operators like the DrillCo arrangement because it preserves cash flow and does not create balance sheet liabilities if structured properly. Instead, an Operator can rely on the Investor’s cash to
increase production and enhance the value of the Operator’s acreage. This strategy improves the likelihood that the Operator will obtain favorable terms for an ultimate sale, public offering or a refinancing. Private equity groups represent the most common type of Investor. They have a favorable view of DrillCos for a variety of reasons, including the ability to invest a substantial amount of capital in a single transaction while utilizing a more efficient and effective means of investing, as compared with funding a portfolio company. When an Investor funds a portfolio company, the Investor undertakes the task of identifying a management team, and then the Investor assumes the risk that the team can source and close on acquisitions and successfully develop the acreage. In contrast, with a DrillCo transaction, the Investor looks for an established Operator holding leasehold interests and with a track record of success, represented by produc-
ing wells, thereby minimizing the investment risk. Each DrillCo transaction is highly negotiated to fit the needs of the parties and the assets. The primary transaction documents include a joint development agreement (JDA) setting out the overall terms; a development plan that specifies the number of wells, their location, the drilling parameters, and the budgeted cost to drill and complete each well; a joint operating agreement to govern operations of the wells once completed; a tax partnership agreement to ensure the parties get the desired tax treatment; and the form of wellbore assignment. Key terms in the JDA include the time period for completing the development plan; the Operator’s carried working interest; the Investor’s pre- and postreversion working interest; and the IRR hurdle (typically between 15-25 percent). Since the parties ultimately want to sell their interests in the underlying assets, the JDA addresses issues that fre-
2019 TEXAS SUPER LAWYERS RISING STAR.
Hance Law Group is pleased to announce that Associate Attorney, Jonathan James, has been selected to the 2019 Texas Super Lawyers Rising Stars list. James is being recognized for his professional achievements and outstanding client service in the area of family law. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
“I am honored to receive this recognition from Super Lawyers and my colleagues in the legal community,” said Jonathan James. “I strive to take
investment with integrity and
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 May events are: Friday, May 10: Noon, Ida Claire (5001 Belt Line Rd, Dallas) RSVP Rocio@SnellingsInjuryLaw.com Friday, May 31: Noon, Mattito’s (3102 Oak Lawn Ave., Dallas) RSVP Rocio@SnellingsInjuryLaw.com Email christine@connatserfamilylaw.com to join the Moms in Law email listserv.
Jorge Gutierrez is a partner at Norton Rose Fulbright US LLP. He can be reached at jorge.gutierrez@nortonrosefulbright.com.
CONGRATULATIONS TO
great care in each of my cases and make a personal
Moms in Law Events May
quently arise in this context. The most important may be an outright ban on a party from transferring its interest until, for example, a group of wells has been drilled and completed (to protect the Investor) or until the development plan has been fully funded (to protect the Operator). Other terms may include a right of first refusal, tag-along rights and drag-along rights. The continued development of hydrocarbons in the United States, especially in shale formations where the number of drilling locations grows every month, combined with the high cost of drilling and completing the wells, will likely result in increasing reliance on the DrillCo transaction in the future. If this prediction does not come to pass, we can be certain the oil and gas industry will find another creative alternative to fund its growth. HN
professionalism. I
JONATHAN JAMES Associate Attorney
am deeply grateful and humbled to be recognized for my commitment to clients and professional achievements.”
Hance Law Group represents clients in family and matrimonial law in Dallas and surrounding counties. Our attorneys are dedicated to creative problem solving and offer an arsenal of ways to protect your interests, including litigation, collaborative divorce, and mediation. We help clients make choices that best reflect their priorities—and reach the ultimate goals for their divorce or other family law matter.
Hance_Law_Group.indd 1
12400 Coit Road, Suite 1270, Dallas, TX 75251 469-374-9600 hancelaw.com
4/4/19 1:03 PM
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
May 2019
LAW DAY 2019
Free Speech, Free Press, Free Society Each year, the American Bar Association sponsors Law Day, and regional bar associations, including the Dallas Bar Association, host various events, programs and contests to commemorate the chosen theme. Law Day not only educates students and citizens about our government, but also the legal system itself. One of its main goals is to focus students’ attention on important constitutional principles. As part of the DBA’s Law Day celebration, the association sponsors essay, art and photography competitions for Dallas ISD students in grades K-12. Here are some of this year’s winning entries, which depicted the Law Day theme of “Free Speech, Free Press, Free Society.”
Madison Franklin, 8th Grade, H.W. Atwell Law Academy First-Place: DBA and State Bar of Texas (6th-8th Poster Art)
Brynley Thrash, 4th Grade, Sewell Elementary School First-Place (3rd-5th Poster Art)
Diana Martinez, 11th Grade, H. Grady Spruce High School First-Place (9th-12th Photography)
Jace Jones, 1st Grade, Walnut Hill Elementary School First-Place (K-3rd Poster Art)
John Washington, 8th Grade, H.W. Longfellow CEA First-Place (6th-8th Photography)
Duffee + Eitzen Honors Judge Merrill L. Hartman’s Legacy CONTINUED FROM PAGE 1
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the Dallas area and could not afford legal services. DVAP’s annual judicial pro bono service award is named in his honor. Judge Hartman continued to help the poor when he was judge of the 303rd Family District Court in Dallas. He also served as the Chief Administrative Judge and Chair of the Juvenile Board in Dallas County. He was a church leader and a Sunday School teacher for 25 years. The recipient of countless awards, including the American Board of Trial Advocacy’s Judge of the Year in 1996 and the American Jewish Community’s Learned Hand Award in 2000, Judge Hartman had a reputation for being even-handed and even-tempered. “Judge Hartman was kind, encouraging, and positive,” said Ms. Eitzen. “He loved lawyers; that’s one reason he was beloved. He was always very nice and encouraging to lawyers.” Judge Hartman left a lasting legacy in the DVAP legal intake clinics, which bring access to justice into various neighborhoods around Dallas County, and continue to this day. Duffee + Eitzen’s generous support will help to secure DVAP’s future for the long term through the Justice Forever Fund. The firm of Duffee + Eitzen offers experienced and compassionate legal representation to clients facing a wide variety of fam-
ily law matters. Their compassion for clients is at the foundation of their proactive and personalized approach to each case. Their knowledge of the law, extensive trial experience, proficiency in legal research and writing, collaborative law and alternative dispute resolution training, and utilization of the latest technology mean clients can rest assured that Duffee + Eitzen will deploy all of their resources to protect what is important to them. Attorneys Melinda Eitzen, Lisa Duffee, Marilea W. Lewis, and T. Hunter Lewis have been named among the Best Lawyers in Dallas numerous times in D Magazine. The firm proudly upholds Judge Hartman’s spirit of pro bono through their support of the Justice Forever Fund. To revisit a previous tribute from Will Pryor, with whom Judge Hartman started the South Dallas Legal Clinic in 1983: “Merrill advanced the notion that until the poor have access to lawyers, they are denied access to justice. Merrill was prompted, nearly 40 years ago, not to write articles, or make speeches or form committees—but to serve the poor, directly, immediately, and in the midst of their need.” Which is why Judge Hartman would undoubtedly be very pleased to know of this gift supporting the Justice Forever Fund in his honor. HN Michelle Alden is the Director of the Dallas Volunteer Attorney Program. She can be reached at aldenm@lanwt.org.
May 2019
Focus
D al l as Bar A ssoci ati on l Headnotes 21
Energy & Environmental Law
The Murky Waters of the United States BY JAMES D. PAYNE
The regulatory reach of the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) under the Clean Water Act (Act) is hotly contested in federal courts. The dispute centers on the meaning of the phrase “waters of the United States” as set forth in the Act. The Act prohibits such activities as the discharge of pollutants from a point source into “navigable waters” and the discharge of dredged or fill material into “navigable waters” without a permit. The Act defines “navigable waters” as “waters of the United States” but does not define what constitutes “waters of the United States.” According to the EPA, 22 states are subject to a broad definition of “waters of the United States” (WOTUS) promulgated by President Obama’s EPA (the WOTUS Rule). Industry interests claim that the Rule included areas that may not even contain water much of the year, much less being “waters of the United States” as meant in the Act. Enforcement of the Rule has been stayed in the other 28 states, Texas included, primarily on the grounds that the EPA violated its congressional grant of authority in promulgating the Rule. In short, the Rule is too broad. Some history is in order to understand the current split in enforcement of the WOTUS Rule. In 2006, the United States Supreme Court attempted to make the “waters” debate a little less murky in Rapanos v. United States. Rapanos was a 4-1-4 decision. Justice Kennedy’s concurring opinion provided the “significant nexus” test to determine whether a water is a “water of the United States.” Justice Kennedy concluded that a water may be subject to the Act if it possesses a “significant nexus” to
waters that are navigable in fact. The nexus required must be assessed in terms of the Act’s purpose to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” According to Justice Kennedy, wetlands possess the requisite nexus, and are thus a “water of the United States” if the wetlands, alone or in combination with similarly situated lands in the region, significantly affect the chemical, physical, and biological integrity of other covered waters understood as navigable in the traditional sense. With Justice Kennedy’s “significant nexus” test as background, the EPA promulgated the WOTUS Rule in 2015. It sought to clarify the scope of the statutory term “waters of the United States” to make “the process of identifying waters protected under the Act easier to understand, more predictable and consistent with peer reviewed science, while protecting the streams and wetlands that form the foundation of our Nation’s water resources.” As part of the definition of “waters of the United States,” the Rule included “seasonal streams, wetlands, and tributaries.” The Rule pit environmental interests against agricultural, oil and gas, and industry interests regarding the scope of the geographic area that would come under the regulatory eye of the EPA and Corps. The perceived overbreadth of the WOTUS Rule by industry interests may have been articulated best by a North Dakota federal district court which enjoined enforcement of the Rule. “The Rule allows EPA regulation of waters that do not bear any effect on the ‘chemical, physical, and biological integrity’ of any navigable-in-fact water. . . . [T]he breadth of the definition of a tributary set forth in
the Rule allows for regulation of any area that has a trace amount of water so long as ‘the physical indicators of a bed and banks and an ordinary high water mark’ exist. . . . [T]he definition of a tributary here includes “vast numbers of waters that are unlikely to have a nexus to navigable waters within any reasonable understanding of the term.” According to that North Dakota court, ephemeral streams might even be covered by the Rule if enforced. Conversely, environmental interests argue that the WOTUS Rule effectuates the purposes of the Act because peerreviewed science and experience make it clear that upstream waters significantly affect the chemical, physical, and biological integrity of downstream waters. In short, any pollutant discharged to a remote tributary eventually migrates to a “water of the
United States,” even if that tributary is dry most of the time. The WOTUS Rule may dry up if the current administration has its way. On February 14, 2019, President Trump’s EPA published a revised definition for “waters of the United States” in the Federal Register for public comment. Of course, the revised definition is less broad than the Obama era WOTUS Rule and is sure to draw an outpouring of public comment. For now, however, the Rule applies in 22 states. Accordingly, if industry interests are believed, “waters” that may not even contain water much of the year may fit under the grand sounding statutory term “waters of the United States.” HN James D. Payne is a shareholder at Guida, Slavich & Flores, P.C. and can be reached at payne@guidaslavichflores.com.
Annual Evening Ethics Fest Thursday, May 2, 2019 at the Belo Mansion Check-In and Dinner begins at 4:45 p.m. Program begins at 5:30 p.m. (3.00 Ethics) DBA members: $65 early registration | $95 late registration Non-members: $135 early registration | $155 late registration To register, log on to www.dallasbar.org. For more information contact Marcela Mejia at (214) 220-7410 or mmejia@dallasbar.org. Sponsored by the DBA Legal Ethics Committee
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
May 2019
DALLAS BAR ASSOCIATION PRESENTS
PIONEERING WOMEN: CELEBRATING DALLAS’S LEGAL LEADERS
PLEASE JOIN US FOR PANEL DISCUSSION OF THE LASTING IMPACT & LEGACY OF
ADELFA CALLEJO • CHARLYE OLA FARRIS • LOUISE RAGGIO
PANELISTS
Rhonda Hunter Law Office of Rhonda Hunter
Hon. Audrey Moorehead County Criminal Court No. 3
Michele Wong Krause Wong Krause & Associates
Amy M. Stewart Stewart Law Group Moderator
MAY 1, 2019 NOON at BELO MCLE: 1.00 Pending SPONSORED BY: Dallas Asian American Bar Association Dallas Association of Young Lawyers Dallas Hispanic Bar Association Dallas Women Lawyers Association J.L. Turner Legal Association
C E L E B RAT I N G
YEARS
Krisi Kastl, TWL President 2018-2019 and Kastl Law, P.C congratulates
Pat S. Montes
on her receipt of the 2019 Texas Women Lawyers Pathfinder Award
May 2019
Classifieds
D al l as Bar A ssoci ati on l Headnotes 23
May
EXPERT WITNESS
Economic Damages Experts-GMCO Litigation Damages Firm. Economic Damages Valuation Experts. GMCO a CPA firm with significant testifying experience. George Mendez CPA CVA has more than twenty years’ experience providing economic damages, lost profits, damage calculation testimony in court, deposition and arbitration. The firm provides services regarding commercial damages, lost profits, intellectual properties, employment, personal injury/lost earnings wrongful death, and insurance litigation. George Mendez has experience in most industries including energy/oil & gas, manufacturing, transportation, hospitality, service, distribution, and construction. GMCO serves attorneys in Dallas/Ft. Worth, Houston, Austin/San Antonio. Contact George Mendez CPA CVA .Dallas/Ft Worth (469) 248-4477 or Houston (713) 8925037 experts@georgemendez.com. Economic Damages Experts - Thomas Roney has more than thirty years’ experience providing economic consulting services, expert reports and expert testimony in court, deposition and arbitration. His firm specializes in the calculation of economic damages in personal injury, wrongful death, employment, commercial litigation, IP, and business valuation matters. Mr. Roney and his experienced team of economic, accounting and finance experts can help you with a variety of litigation services. Thomas Roney LLC serves attorneys across Texas with offices in Dallas, Fort Worth and Houston. Contact Thomas Roney in Dallas/Fort Worth (214) 6659458 or Houston (713) 513-7113. troney@ thomasroneyllc.com. “We Count.”
OFFICE SPACE
Legacy & Tollway, Plano. Business law firm has up to 3 offices available for sublease. Reasonably priced. New building, near Legacy and the tollway in Plano, in the “5 billion dollar mile.” Kitchen, lobby, and free parking. The offices are offered furnished or unfurnished. Possibility of some legal work referrals. Email Jim at: Jim.Havarford@gmail.com. LBJ Freeway & Coit – Full Second floor! Approximately 12,000 sq. ft. of shell space available, glass window perimeter. Ready to be built to suit your needs. Prime location and visibility from LBJ Freeway. Easily accessible from Far North Dallas and Downtown via North Central Expressway. First floor lobby, entranceway, and parking lot newly remodeled for a welcoming, impressive feel. Please email management@8001lbj.com for a tour or further information.
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. Amenities include reception area, telephone, fax and copy machines, Wi-Fi, notary, conference room, fully furnished kitchen area, covered visitor parking, free secured office parking and 24/7 building access. Flexible terms. Location convenient to Dallas courts, downtown, and all traffic arteries. Please contact Judy at (214) 740-5033 for a tour and information. Office space available at 4054 McKinney Avenue. Second floor suite with three offices and file room. This space is 1127 sq/ ft and rents for $1,878.00 per month fixed rate. Two single offices available starting at $400.00. Call (214) 520-0600. Ross Avenue. Offices and Meeting Rooms Designed for Attorney’s starting at $700/ month plus 10 complimentary meeting room hours per month. Class A building, 24/7 access, Wi-Fi included. 2323 Ross Ave, Dallas. Contact Tracey at theyboer@ serendipitylabs.com for details. Office space available at 4303 N. Central Expressway for lease in a professional legal environment, in uptown. Share office space with experienced and established lawyers. Case referrals and other case arrangements are possible. Amenities include: Bi-lingual receptionist, fax copy machines, notary, internet, two conference rooms, two kitchen areas and plenty of free parking. Location is convenient to all Dallas Courts and traffic arteries. Please call Rosa at (214) 696-9253. Virtual & Private Offices - 75 & NW Hwy. Don’t Just Get An Office, Get Engaged. Virtual and private offices available at 75 & NW Hwy in Class A High Rise. ENGAGE is an innovative attorney-only workspace. Plug in to a secure & professional environment with mail/ parcel handling, guest reception, conference rooms, included garage parking, coffee bar/lounge, office amenities, and networking opportunities. Please contact Chelsea at (214) 865-7770 or chelsea@ engagelawspace.com.
Virtual Office – Available Now! Ultracontemporary office space, 12222 Merit Drive, Suite 1200, offers 11 conference rooms, greeter, internet service, mail service, parking, fully equipped breakroom. $500 – competitive rates! Computer work space included as well. Email Amy at arobinson@ englishpllc.com or (214) 528-4300.
Ready to Own/Reposition Your Practice? Palmer & Manuel, PLLC provides a platform in iconic Campbell Centre where you (and we) get to do what we love – practice law without the administrative hassles. Run your own practice and be part of our well-established midsize group of respected and collegial attorneys with varied practice areas. Keep 95% of your fees plus earn on your referrals, and contribute a reasonable fixed overhead covering rent, legal assistant support (or bring your own), office administrator, PCLaw/ProDoc, Lexis, phone, internet, website, parking, malpractice insurance, etc.). See www.pamlaw.com or contact Larry, Jeff or Rebecca at (214) 242-6444.
Turtle Creek Blvd./Hall St. Area -Executive office space available for lease in
Meadow and North Central Expressway. Looking for an officemate? 3 offices avail-
Habitat House $90,000
$60,000 $40,000 $30,000 $20,000 $10,000 $5,000
Support the DBA Home Project Help us reach our goal of $90,000 to build our 29th 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
able; secretarial/legal assistant stations, two conference rooms, Wi-Fi, copier/fax, 24 hour security in building, located at Meadow and North Central Expressway; entire 3099 square feet can be subleased as well. Contact Leslie@HopeFamilyLaw.com Office space in the N. Central Expressway and Forest Ln. area. 12222 Merit Drive. Three window offices are available. Two offices are 15 x 15 with Admin. space and the other is 10 x 15. Amenities include 2 conference rooms, kitchen, copier, scanner, fax, internet and VOIP phone. Building offers free covered parking, workout facilities and a deli. Please call (214) 696-3200 ext. 410 for Carl Roberts or ext. 406 for Katie.
POSITIONS AVAILABLE
Staff Attorney. The DII Asbestos Trust seeks a Staff Attorney for its Audit and Legal Departments. Audit background or litigation experience is a plus. The position requires a critical thinker who is detail-oriented and self-motivated. Excellent analytical, research, and communication skills are musts. Full-time benefits currently include Trust-paid medical, dental and vision insurance for the employee, as well as Paid Time Off and Parental Leave. The DII Asbestos Trust is an Equal Opportunity Employer. Please send resumes to manderson@diiasbestostrust.org. Legal Nurse Consultant. Thiebaud Remington Thornton Bailey LLP, a law firm specializing in medical malpractice defense and healthcare law, is seeking to hire a Legal Nurse Consultant with 5 years’ clinical nursing experience. LNC experience, LNC certification or healthcare risk management experience preferred but not required. This is an inhouse position. Candidate must have a valid, current TX nursing license. Please send your resume to: Christine Santosuosso, Adm. Mgr., Thiebaud Remington Thornton Bailey LLP, 4849 Greenville Ave., Ste. 1150, Dallas, TX 75206 or e-mail it to csantosuosso@trtblaw.com. Dallas business/construction litigation firm seeks an experienced trial attorney with bankruptcy experience. Candidate must have excellent writing skills and a minimum of 5 years of experience. Compensation is negotiable. Clientele a plus. Submit resume in confidence to: oaklawnfirm@aol.com. Insurance Coverage/Appellate Attorney Needed. Established medium sized
AV-rated law firm in Dallas seeks associate attorney with litigation experience in insurance coverage and appellate matters. Two to five years’ experience preferred. Associate will work on all aspects of insurance coverage matters, including insurance coverage litigation in Texas state and federal courts, appellate matters, and drafting coverage opinions and reservation of rights letters. Case load lends itself to extensive summary judgment practice and brief drafting. Excellent research and writing skills required. Congenial work environment offers substantial responsibility for associates at competitive compensation level. Additional benefits include bonus program, 401(k), medical and life insurance, and parking. Replies held in confidence. Please include a writing sample of five pages or less. Reply via e-mail to personnel@tbjbs.com. Litigation Associate Attorney –Trucking Insurance Defense. Cox P.L.L.C is looking to fill a position with the following requirements: 3-8 years in trucking insurance defense; Bill 170+ hours per month; Handle Court appearances and depositions; Communicates monthly with clients; Able to work in a fastpaced environment. Benefits include: $100k+ salary with bonus opportunities, Located in Preston Hollow area of Dallas, Excellent medical, dental, vision, and life insurance and 401(k), Some expenses reimbursable, Generous Paid Vacation Days. Please send resumes to Traci Enna, tenna@coxpllc.com.
SERVICES
The Attorney’s Therapist: Kate Casey, LPC, JD. As a former practicing attorney, Kate understands the overwhelming feelings of stress, burnout, and isolation that often accompany the art of balancing life with the practice of law. Kate will help you evaluate your choices, identify areas for change, and implement an achievable plan which will allow you to become the best version of yourself both at work and home. Autumn Ridge Counseling and Wellness is conveniently located at 270 Miron Drive, Suite 112 in Southlake. Kate can be reached at (817) 881-1914 or Kate@AutumnRidgeLPC.com or AutumnRidgeLPC.com. To place an affordable classified ad here, contact Judi Smalling at (214) 2207452 or email jsmalling@dallasbar.org.
24 H e aHN_May2019-CongratsPrtnrAd.pdf d n o t e s l D a1l 2/12/2019 l a s B6:51:09 a r PMA s s o ciationâ€
May 2019
Congratulations to our Partners and all Honorees!
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