Dallas Bar Association
HEADNOTES
Focus Family/Probate, Trust & Estate Law
April 2013 Volume 38 Number 4
A Spirit of Service: Mike and Barbara Lynn Philanthropic Fund by Alicia Hernandez
The good deeds and generous spirit of our pro bono volunteers and donors remind us of the quote by William Penn that captures the essence of their work. The quote reads: “I expect to pass through this world but once. Any good therefore that I can do, or any kindness or abilities that I can show to any fellow creature, let me do it now. Let me not defer it or neglect it, for I shall not pass this way again.” This quote rings true for both our dedicated volunteers and donors, including Mike Lynn and The Honorable Barbara M.G. Lynn, who made a very generous donation of $15,000 from the Mike and Barbara Lynn Philanthropic Fund to the 2013 Equal Access to Justice Campaign benefitting DVAP. What better way for a highly respected trial lawyer and an esteemed jurist to demonstrate their passions for the law and justice than to support legal aid to the poor. Mike Lynn, a litigator and founding
Judge Barbara and Mike Lynn
partner of the law firm of Lynn, Tillotson Pinker Cox, LLP, and Judge Lynn, a federal judge appointed to the bench in 2000, are helping to open the doors of access to justice through their support of the Dallas Volunteer Attorney Program. Their support makes it possible for
DVAP to do its work of recruiting and training attorneys to take pro bono clients, coordinating legal clinics for those in need, and matching pro bono lawyers with clients. And the matches work quite well as evidenced by DVAP’s client satisfaction surveys that show that not only have Mike and Judge Barbara Lynn captured William Penn’s spirit of service, but so have DVAP’s volunteer attorneys. Terry Bentley Hill’s client provided the following comment about her experience, “I cannot express how much stress has been lifted from me. I feel that the lawyer that was chosen for me was perfect for both my case and I. Thank you very much.” Thelma Clardy’s client said, “From our first meeting, it was evident that she was highly qualified and capable of navigating me through the challenging times ahead….She demonstrated passion and persistence…with a positive attitude.” Jeffrey C. Moore’s client wrote “He was a very good lawyer. I would recom-
mend him to anybody. He was so nice. If I had to rate him on a scale of 1 to 10, it would be a 10 ½. He went beyond what I was looking for.” John Kaercher represented a client who let DVAP know that “he was thorough and very attentive to our needs and very professional. He has patience and compassion.” Terry, Thelma, Jeffrey and John have embodied the spirit of William Penn’s inspirational words. They have used their legal abilities for the good of others and have shown kindness to those with no other options for legal help. They and their fellow pro bono lawyers have made it possible for their clients to get legal help but also to obtain “fairness” and “peace of mind.” Their work has made a difference in the lives of their clients and will not be HN forgotten. Alicia Hernandez is the director of the Dallas Volunteer Attorney Program and the DBA director of community services. She can be reached at ahernandez@dallasbar.org.
Realizing the Dream: Equality for All Keynote Speaker U.S. District Court Judge Jane Boyle by Dawn Fowler
Freedom. Liberty. The Right of Expression. On a practical level, the right to choose a home, employment and a seat in a restaurant, movie theater or on public transportation. This year marks the 150th anniversary of the Emancipation Proclamation, issued by President Abraham Lincoln during the Civil War, declaring all persons held as slaves would be forever free, and that “the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.” Standing in front of the Lincoln Memorial in 1963, in one of the most inspirational speeches of all times, Dr. Martin Luther King, Jr. called upon our nation to live up to the promise of equality for all. A statute honoring Rosa Parks was recently dedicated at the Capital. President Obama noted, “In a single moment, with the simplest of gestures, she helped change America and change the world.” It is fitting that the theme of the 2013 American Bar Association Law Day is “Realizing the Dream—Equality for All” to provide the opportunity to explore the
Judge Jane Boyle
progress made in recognizing and promoting civil and human rights in the United States. More importantly, it provides a forum for discussion of the work remaining to rectify injustice, eliminate discrimination and end other violations of human rights. President of the ABA, Laurel Bellows, issued a challenge—“As we reflect on this year’s Law Day, let us work together to achieve the aspirations so eloquently expressed by Abraham Lincoln and Martin Luther King. Let us unite and commit ourselves to assuring all citizens of this
great country have the opportunity to ‘realize the dream’ of liberty and equality.” The Dallas Bar Association will continue its tradition of celebrating Law Day with a luncheon honoring the judiciary, and featuring keynote speaker, the Honorable Jane Boyle, Judge, United States District Court, Northern District. Judge Boyle epitomizes the fact that the judiciary is an integral part of the preservation of equality under the law. Judge Boyle graduated from the University of Texas with honors in 1977 and from Southern Methodist University Dedman School of Law in 1981. Her career has been dedicated to public service. She has served as an Assistant District Attorney, Dallas County; Assistant U.S. Attorney and U.S. Magistrate Judge, Northern District; and United States Attorney, Northern District—the first woman to hold that position. Judge Boyle was appointed to the federal bench by President George W. Bush in 2004, when Judge Jerry Buchmeyer assumed senior status. “Being the successor to Judge Jerry Buchmeyer—a giant among civil rights advocates—has been one of the greatest honors of my career. Judge Buchmeyer’s legacy of equality under the law and his egalitarian nature made an indelible impression on me. I think often about his courage in judging and hope to follow his example.” Judge Boyle recounts an experience of working with him in the mid-1990s on a large-scale project to improve the quality of representation for indigent defendants
Inside 11 Family Building—Doing It the Legal Way 13 Special Needs Trust: What Every Practitioner Should Know 17 How to Answer Ten Family Law Questions
in federal criminal cases. “Our task was to assemble a list of qualified litigators from local criminal and civil bars who were willing to take these appointments. Judge Buchmeyer’s goal was to give every sector of the bar an opportunity to participate. He personally attended numerous DBA and minority bar association meetings. In the end, we had an outstanding, diverse group of attorney volunteers that is still in place today.” Judge Boyle has already followed his example—she has presided over many cases involving civil rights issues, including excessive force, free speech and housing for immigrants. Defending liberty is a family focus— Judge Boyle’s husband, John, is a federal prosecutor. Their son is a recent graduate of the Air Force Academy, and their daughter is class of 2014. Progress is slow, but with Judge Boyle and other fine judges at the helm, and other courageous individuals like Rosa Parks, the dream of equality may become a reality. The luncheon begins at noon on Friday, May 3, 2013 at the Belo Mansion. Tickets are $35 per person or $350 per table. For tickets or more information, contact Mary Ellen Johnson at mjohnson@dallasbar.org or (214) 220-7400. Reservations available online at www. HN dallasbar.com. Dawn Fowler is a Co-Chair of the DBA Publications Committee. She is a partner with Keane, Fowler & Donohue and can be reached at dfowler@kfd-law.com.