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.
2 H e a d n o t e s l D a l l a s B a r A ss ociation
Calendar
April Events
APRIL 5-BELO Noon
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
FRIDAY CLINICS
“Environmental Tool Kit: Some Basic Texas Programs You Should Know About ,” Scott Deathrage and Jeffrey M. Gaba. (MCLE 1.00)* RSVP to kzack@dallasbar.org.
APRIL 12-NORTH DALLAS**
Noon “Unemployment Appeals,” Alan Busch. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Underwood Perkins, P.C. RSVP to kzack@dallasbar.org.
APRIL 19-BELO Noon
“Class Actions: The Fundamentals, Hot Topics (Including AT&T and Walmart) and Best Practices,” Katherine A. Compton. (MCLE 1.00)*
MONDAY, APRIL 1 Noon
Tax Law Section “Conservation and Facade Easements: Is the Charitable Contribution Real or a Facade?” Joel Crouch. (MCLE 1.00)* Peer Assistance Committee
TUESDAY, APRIL 2 Noon
Corporate Counsel Section “Criminal Law Emergencies – What To Do When the Police/FBI Show Up At Your Door,” Jeremy Rosenthal. (MCLE 1.00)*
DAYL Attorneys Serving Troops Committee
5:30 p.m. Bar None Auditions. Annual variety show in June includes skits and songs poking fun at lawyers, the law and current events, and benefits the Sarah T. Hughes Diversity Scholarships at SMU Dedman School of Law. For more information, contact mhardwick@shacklaw.net. 6:00 p.m. DAYL Board of Director’s Meeting
WEDNESDAY, APRIL 3 Noon
Noon
Friday Clinic-Belo “Environmental Tool Kit: Some Basic Texas Programs You Should Know About ,” Scott Deathrage and Jeffrey M. Gaba. (MCLE 1.00)* RSVP to kzack@dallasbar.org.
MONDAY, APRIL 8 Noon
Noon
DVAP CLE “Duties and Challenges in Representing a Fiduciary,” Fred Hartnett, Lori Ashmore Peters, P. Keith Staubus and Dallas County Probate Court Judges. (MCLE 1.00)* Sponsored by DVAP and the DBA Probate, Trust & Estates Section.
Government Law Section Government Law Section Officers and Council Meeting
Public Forum Committee
3:30 p.m. Judicial Investiture for Judge Phyllis Lister Brown.
Construction Law Section “Proposed Mechanics Lien Law Revisions,” Richard Gary Thomas. (MCLE 1.00)*
Family Law Section Board Meeting
Judiciary Committee
Publications Committee
MONDAY, APRIL 22
Christian Lawyers Fellowship
DAYL Lawyers Promoting Diversity
6:00 p.m. Home Project Committee
WEDNESDAY, APRIL 10
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group 11:30 a.m. House Committee Walk Through Noon
8:45 a.m. Dallas Minority Attorney Program Learn more about business development and practice management for the solo, small firm and minority attorney. RSVP to ahernandez@dallasbar. org. (MCLE 7.00)* Noon
Friday Clinic-North Dallas** “Unemployment Appeals,” Alan Busch. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Underwood Perkins, P.C. RSVP to kzack@dallasbar.org. Trial Skills Section “Topic Not Yet Available,” Olga Lovett. (MCLE 1.00)*
MONDAY, APRIL 15 Noon
Labor & Employment Law Section “Non-Compete Update,” Keith Clouse. (MCLE 1.00)*
Legal History Discussion Group/Senior Lawyers Committee “On Wings of Legal Eagles: Exiting the Islamic Republic and Collecting from the Ayatollah,” David Bryant, John Howell, and Tom Luce. (MCLE 1.00)*
9:00 a.m. DVAP Family Law Nuts & Bolts Video (MCLE 6.00; Ethics 2.00)* For information contact perkinsa@lanwt.org.
Noon
Legal Ethics Committee “What Can We Learn From Benchslaps,” Matthew Bower and Justice David Evans. (Ethics 1.00)*
Family Law Section “IRS Whistleblowers and Divorce – The Good, The Bad and The Criminal,” Tom Rhodus. (MCLE 1.00)* Tort & Insurance Practice Section “Texas Trial Legend Honorees Panel Discussion,” Charla Aldous, Geroge Bowles, James H. “Blackie” Holmes, III and Judge Mark Greenberg, moderator. (MCLE 1.50)*
Transition to Law Practice Committee
Law in the Schools & Community Committee
Juvenile Justice Committee
Friday Clinic-Belo “Class Actions: The Fundamentals, Hot Topics (Including AT&T and Walmart) and Best Practices,” Katherine A. Compton. (MCLE 1.00)*
Mergers & Acquisitions Law Section “Drafting Effective Purchase Price Adjustment Provisions in M&A Transactions,” Ralph Sabin, Brian Sipes, Tom Yang and Matt Zmigrosky. (MCLE 1.00)*
Noon
CLE Committee
Real Property Law Section “Preparing for the Lease Accounting Rule Changes,” E. David Coligado. (MCLE 1.00)*
Business Litigation Section “So You Are in Arbitration, Now What? Top Ten Tips,” Dawn Estes and Robert Tobey. (MCLE 1.00)*
8:00 a.m. Federal Bar Association
Alternative Dispute Resolution Section “The Multi-Style Mediator?” Joe L. “Joey” Cope. (MCLE 1.00)*
TUESDAY, APRIL 9
THURSDAY, APRIL 4
Media Relations Committee CLE “The New Anti-SLAPP Law in Texas: Foundations, Details and Implications for Free Speech in Texas,” Brian Collister, Laura Prather and Thomas J. Williams. (MCLE 1.00)*
FRIDAY, APRIL 12
5:30 p.m. Bankruptcy & Commercial Law Section “Idearc and Valuation Methods in Bankruptcy,” Bert Conly, Adam Dunayer and Bill Wallander. (MCLE 1.00)*
FRIDAY, APRIL 19
Noon
St. Thomas More Society
Solo & Small Firm Section “SBOT Advertising Rules,” Donna Tipotsch. (MCLE 1.00)*
3:30 p.m. Judicial Investiture for Justice David Evans and Justice David Lewis
THURSDAY, APRIL 11
6:00 p.m. J.L. Turner Legal Association
FRIDAY, APRIL 5
DAYL Animal Welfare Committee
3:30 p.m. DBA Board of Directors Meeting
DAYL Get Involved Luncheon. For more information contact cherieh@dayl.com.
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
DAYL Judiciary Committee
Bench Bar Conference Committee
DAYL Freedom Run Committee
Employee Benefits & Executive Compensation Law Section “Health Reform: Working With the Employer Shared Responsibility Regulations,” Kirsten Garcia. (MCLE 1.00)*
A pri l 2013
TUESDAY, APRIL 16 Noon
Franchise & Distribution Law Section “How Does the Affordable Care Act Affect My Franchise Client?” Kenya Woodruff. (MCLE 1.00)*
International Law Section Topic Not Yet Available
DAYL Elder Law Committee
WEDNESDAY, APRIL 17 Noon
Energy Law Section “Fracking and Groundwater Protection—A Technical Presentation,” Robert J. Traylor. (MCLE 1.00)*
Health Law Section “Survival of the Fittest: Defending Against Healthcare Audits,” Angela Miller and Edward Vishnevetsky. (MCLE 1.00)*
Law Day Committee
Pro Bono Activities Committee
DAYL New Rules CLE. For more information, contact cherieh@dayl.com.
Non-Profit Law Study Group
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
THURSDAY, APRIL 18
Noon
Computer Law Section Topic Not Yet Available
Securities Section “The JOBS Act – What Is It? Are We Ready to Go?” Benette L. Zivley. (MCLE 1.00)*
Golf Tournament Committee
TUESDAY, APRIL 23 Noon
Probate, Trust & Estate Section “Trust Modification and Decanting,” Toby Eisenberg. (MCLE 1.00)*
American Immigration Lawyers Association
WEDNESDAY, APRIL 24
11:15 a.m. Justinian Awards Luncheon honoring Jerry N. Jordan. For reservations, contact Tina Gwinn at 214-526-9828 or tina@gwinn.net. Noon
Sports & Entertainment Law Section “GET SMART: Tips and Strategy About Making Money With Media Investments,” Alexis Garcia. (MCLE 1.00)*
DAYL Equal Access to Justice Committee
DAYL Foundation Board Meeting
DVAP New Lawyers Luncheon. Contact reedbrownc@lanwt.org for more information.
Municipal Justice Bar Association
THURSDAY, APRIL 25 Noon
Collaborative Law Section “Dealing with the V-Words: How to Address a Collaborative Party’s Feelings of Victimhood and Desire for Vindication,” Clint Brown, Vicki M. James and Barrett Stern. (MCLE 1.00)*
Criminal Law Section Topic Not Yet Available
Environmental Law Section “Construction v. Remediation: When Worlds Collide,” Chet Clarke, Rich O’Connell, Walt Shelton and John Slavish, moderator. (MCLE 1.00)*
Mentoring Committee
Morris Harrell Professionalism Committee
FRIDAY, APRIL 26
11:30 a.m. 27th Annual Conference of Professionals “Shortcuts and High Roads: Everyday Morality and the Professions,” Author Dan Ariely, Judge Eric Moye, Lynne M. Kirk, Clayton Oliphint and Rena Pederson, moderator. (MCLE 3.00, Ethics 1.50)* At T. Boone Pickens Conference Center. Register at www.smu.edu/Provost/ Ethics/Events/COP. Noon
Intellectual Property Law Section “Celebrate World IP Day: Learn About IP Issues Around the World,” Horace Lam, Gustavo de Freitas Morais and Ed Round. (MCLE 2.00)*
DAYL CLE Committee
SATURDAY, APRIL 27
9:00 a.m. DBA Sporting Clays Shoot At Elm Fork Shooting Range, 10751 Luna Rd, Dallas 75220. Check-in: 9:00 a.m.; Competition starts at 9:30 a.m. $150 per person (includes breakfast and lunch). RSVP to rthornton@dallasbar.org.
Noon
Appellate Law Section “Texas’s New ‘Citizens Participation Act’: A Trap for the Unwary,” Matthew J. Kita. (MCLE 1.00)*
Entertainment Committee CLE “Legal Issues in the Art Market,” Meg Friess and Michael Heinlen. (MCLE 1.00)*
Minority Participation Committee
Summer Law Intern Program Committee
Christian Legal Society
Noon
Dallas Gay & Lesbian Bar Association
6:00 p.m. Dallas Hispanic Bar Association
MONDAY, APRIL 29 Noon
DAYL Solo & Small Firm Committee
TUESDAY, APRIL 30
DAYL Aid to the Homeless Committee
If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Cathy Maher 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 Teddi Rivas at the DBA office at 214/220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact KZack@dallasbar.org.
April 2 0 1 3
D al l as Bar A ssoci ati on l Headnotes 3
Leading From The Front Donald E. Godwin* | Marilea Lewis**
As a trial and appellate firm with a reputation for dealing with hot topic issues, clients come to us when the stakes are high and outcomes are critical. From commercial litigation, healthcare and banking, to major energy litigation and divorce, if your legal issues seem overwhelming it’s time to turn to Godwin Lewis PC.
*Board Certified in Civil Trial Law by the Texas Board of Legal Specialization **Board Certified in Family Law by the Texas Board of Legal Specialization
mission critical litigation® Dallas | Houston | Plano Plano Office by Appointment Only
GodwinLewis.com
4 He a d n o t e s l D a l l a s B a r A s s o ciation
A pri l 2013
Headnotes
President's Column
Thanks For All You Do! By sally crawford
The last Wednesday in April is “Staff/Employee Appreciation Day.” On my calendar it is called “Administrative Professionals Day” and those of you in my generation will remember it as “Secretaries Day.” Many of whom I spoke to about this special day of recognition assumed the concept was created by the greeting card industry. I confess that I thought the same thing. However, from my research (i.e., browsing the Internet) I learned that the idea came from the Dictaphone Corporation in 1952 in an effort to attract more women to the secretarial profession. That same year the U.S. Secretary of Commerce declared the first week in June as National Secretaries Week and June 4 as National Secretaries Day. The objective was to recognize that both government and businesses depend on the skills, loyalty and efficiency of secretaries to function and to publicize the fact that secretaries were essential to meeting the needs of business. Again, the purpose of this recognition was not just to reward or thank secretaries for their work but to attract and recruit skilled workers to the secretarial profession. A lot has changed since 1952. Secretaries are now known as “administrative assistants”—somewhere along the way the “s” word lost its status and fell out of favor. The concept of a national day of recognition of secretaries has broadened to become a national day of appreciation for all employees and staff. The week/day of appreciation was moved to the last week in April in 1955. And while greeting card companies do benefit from the celebration of appreciation, it is still the businesses that show their appreciation for their staff members that reap the real rewards. About now I am sure you are asking yourself what does this have to do with the practice of law. My response is “everything.” Whether you are a sole practitioner or at a mega, international law firm, we rely on our employees on a daily basis, if not hourly, to support our firms and our practice. Think about the many functions your staff performs that are essential to your practice. Who greets your clients and answers their important phone calls; who prepares, sends and collects invoices for your services; who handles your payroll and benefits; who manages and dockets your case files; who recruits and screens new lawyers (and staff); who provides litigation support; who maintains your law library; who copies and assembles thousands of pages of closing binders and trial notebooks? The list of services we rely on our employees to perform is endless. They make it possible for us to do the thing that we love the most: the practice of law. Without support from paralegals/legal assistants, HR profession-
als, accounting staff, record/docketing staff, word processing, copy center staff, mailroom staff, receptionist and, oh yes, do not forget our secretaries, we would have little time to devote to the practice. I realize that there is a huge difference in the size and specialization of the staff of a sole practitioner versus a hundred lawyer law firm. The tasks listed above may all be performed by one or two staff members for a sole practitioner, while it takes dozens (if not hundreds) of staff members with specialized skills to support a large law firm. But large firm or small firm, we all rely on our staffs to make us look good and keep the wheels on our practices. Our staff members stay late or come to the office early when needed, they travel with us for trials and closings, they take care of personal tasks we are too busy to handle and sometimes they simply make the impossible happen. Often they do these things at great personal sacrifice to themselves and their families. So what should we do to ensure that we maintain our successful legal practices? We should start by saying “THANK YOU” to our staff members for all they do. Appreciation is a fundamental emotional need and, according to the U.S. Department of Labor statistics, 64 percent of employees who leave their jobs say it was because they did not feel appreciated. This statistic illustrates the importance of staff appreciation on retention and performance. Additionally, surveys indicate that being appreciated is even more of a motivator than money. Although compensation is certainly one way to show appreciation to your staff, a sincere “thank you” goes a very long way. Letting your staff know how much you appreciate their efforts will increase their loyalty and productivity and ultimately your long term success. Besides, saying “thank you” for a job well done is just the right thing to do. I have to give credit to my partner, Jim Karen, for recommending the subject of this article. Jim said, “Instead of writing about lawyers, why don’t you write something about how important our staff is? Without them we couldn’t do our jobs.” Well, Jim is right. Without the support of our amazing staff members, we could not practice the superior level of law that is practiced by Dallas lawyers. So thank you Jim and thank you to all of the great support staff in all of the law firms in Dallas. Of course I would be remiss if I did not also say “thank you” to the incredible staff of the Dallas Bar Association, and especially the Executive Director, Cathy Maher, all of whom do so much to support the legal profession in Dallas. Finally, do not forget to say “THANK YOU” to each of your staff members on April 24, National Staff Appreciation HN Day, and every day throughout the year.
GET READY FOR THE 2013 DBA 100 CLUB What is it? The Dallas Bar Association 100 Club is a special membership recognition category that reflects a commitment to the advancement of the legal profession and the betterment of the community. How do you join? To qualify for the DBA 100 Club, there must be at least two or more attorneys in your Dallas office (firms, government agencies, or law schools) and all attorneys must be a member of the Dallas Bar Association. To become a 2013 DBA 100 Club member, please submit a list of all lawyers in your Dallas office to Kim Watson, kwatson@dallasbar.org. We will verify your list with our membership records and once approved, your firm will be added to the 2013 DBA 100 Club membership list! What are the perks? Firms, government agencies, law schools with two or more lawyers as well as corporate legal departments that become a DBA 100 Club member will be listed in Headnotes and in the 2014 DBA Pictorial Directory, receive a Certificate of Appreciation as well as recognition at our Annual Meeting in November.
What is the cost to join the DBA 100 Club? It’s FREE! JOIN TODAY!
SAVE THE DATE! April 12, 2013
For the Dallas Minority Attorney Program CLE Topics include: court appointments, client development, managing and developing your practice, technology and more! MCLE 7.00 To RSVP, contact ahernandez@dallasbar.org.
Play Golf and Support Pro Bono Save the date for the DBA and H|S|N|O Pro Bono Golf Classic, benefitting the Dallas Volunteer Attorney Program.
Thursday, May 2, 2013 at Brookhaven Country Club TREAT YOUR CLIENTS TO A GAME OF GOLF! Registration includes a sleeve of golf balls, goody bag, lunch, on-course beverages, post-tournament reception and awards dinner. The tournament is a 4-person scramble format -- limited to the first 128 golfers. Plus, we have first-rate team awards for 16 teams, a raffle and other fun contests and games! Check-in and practice range open at 11 a.m. and shotgun start is at 1:00 p.m. A reception and awards dinner will follow the tournament at approximately 5:00 p.m. Registration now available online at www.dallasbar.org. For more information on sponsorships, contact Rhonda Thornton at rthornton@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: Sally L. Crawford President-Elect: Scott M. McElhaney First Vice President: Brad C. Weber Second Vice President: Jerry C. Alexander Secretary-Treasurer: John A. Goren Immediate Past President: Paul K. Stafford Directors: A. Shonn Brown (At-Large), Rob Crain (Chair), Wm. Frank Carroll, Hon. King Fifer (Judicial At-Large), Laura Benitez Geisler, Hon. Martin Hoffman, Michael K. Hurst (Vice Chair), Michele Wong Krause, Angelina LaPenotiere (President, Dallas Hispanic Bar Association), Karen McCloud, Christina McCracken (At-Large), Mandy Price (President, J.L. Turner Legal Association), Sarah Rogers (President, Dallas Association of Young Lawyers), Mary Scott, Scott Stolley, Diane M. Sumoski, Robert L. Tobey, Aaron Tobin, Jennifer Wang (President, Dallas Asian American Bar Association). Advisory Directors: Tatiana Alexander (President-Elect, J.L. Turner Legal Association), Mey Ly (President-Elect, Dallas Association of Young Lawyers), Sakina Rasheed (PresidentElect, Dallas Asian American Bar Association), Elisabeth A. Wilson (President-Elect, Dallas Hispanic Bar Association). Delegates, American Bar Association: Rhonda Hunter, Hon. Douglas S. Lang Directors, State Bar of Texas: Lawrence Boyd, Christina Melton Crain, Andy Payne, Frank E. Stevenson, II, Ike Vanden Eykel HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Thomas Phillips Display Advertising: Karla Howes, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Lea Dearing and Dawn Fowler Vice-Chairs: Jared Slade Members: Timothy Ackermann, Kevin Afghani, Vincent Allen, Natalie Arbaugh, Favad Bajaria, Matthew Baker, Martha Beard-Duncan, Jody Bishop, Lisa Blackburn, Jason Bloom, Eric Blue, Bobby Braxton, Kandice Bridges, William Brown, Eliot Burriss, Stacie Cargill, Lance Caughfield, Sally Crawford, James Crewse, Joel Crouch, G. Edel Cuadra, Walter Dean, David Dodds, Adam Dougherty, David Dummer, Paul Garrett, Megan George, Jenny Givens, Jennifer Gjesvold, Melanie Glover, James Gourley, Virginia Greenberg, Jerry Hall, Susan Halpern, William Hammel, Jeremy Hawpe, Zachary Hilton, Kelli Hinson, Zachary Hoard, Tyler Hokanson, James Holbrook III, Ezra Hood, Mary Louise Hopson, Dyan House, Michael Hurst, Michelle Jacobs, Jessica Janicek, Taylor Jerri, Soji John, Douglas Johnson, Adam Kielich, Robert Kisselburgh, Lissa Kivett, Michelle Koledi, Susan Kravik, Shruti Krishnan, Norman Lofgren, Mallory Loudenback, Sixuan Lu, Margaret Lyle, Andrew Mayo, Ashley Mayya, Jennifer McCollum, Scott McElhaney, Elizabeth McShan, John McShane, Paige Montgomery, Nick Nelson, Yvette Ostolaza, Seth Phillips, Kirk Pittard, Irina Plumlee, Laura Anne Pohli, Robert Ramage, Gabriel Reyes, Morgan Richards, Richard Salgado, Brendan Sansivero, Brooke Schultz, Isabel Segarra, Yon Sohn, Thad Spalding, Paul K. Stafford, Jacob Stasny, Jeanette Stecker, John Stevenson, Scott Stolley, Brian Stork, Michael Sukenik, Christine Tamer, Kristopher Tate, Robert Tobey, Pryce Tucker, David Urteago, Peter S. Vogel, Suzanne Westerheim and Andrew Wirmani DBA & DBF STAFF Executive Director: Catharine M. Maher Accounting Assistant: Shawna Bush Communications/Media Director: Jessica D. Smith Controller: Sherri Evans Director of Community Services: Alicia Hernandez Events Coordinator: Rhonda Thornton Executive Assistant: Mary Ellen Johnson Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewer: Marcela Mejia Law-Related Education & Programs Coordinator: Amy E. Smith Membership Coordinator: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Teddi Rivas DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Miriam Caporal, Lakeshia McMillan, Andrew Musquiz, Tina Douglas Program Assistant: Patsy Quinn Copyright Dallas Bar Association 2013. 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.
April 2 0 1 3
Focus
D al l as Bar A ssoci ati on l Headnotes 5
Family/Probate, Trust & Estate Law
What Business Owners Need to Know About Divorce by Jennifer Hargrave and Jim Mueller
There is no doubt that divorce can have serious implications for a closely held business that is part of the marital estate. With wise counsel, and a team of trusted advisors, the negative implications of contested divorce can be minimized for the business owner. Several key principles apply to virtually any closely held business interest that is part of the marital estate. Character counts. It is critical to determine whether the business interest is community or separate property because a court cannot divest a party of his or her separate property interest. The income generated from the business will generally be community property, even if the underlying business is separate property. If, however, the compensation received by the community is inadequate, the non-owner spouse may be able to recover on a claim for reimbursement for the spouse’s time, toil and talent. The business owner needs to know that capital contributions and retained earnings of a corporation or partnership (not a sole proprietorship) are considered property of the business, and cannot be characterized as separate or community property. Entity interests. In a sole proprietorship, the business interest will consist of all the business property, minus any liabilities for the business. In a corporation, limited liability company or partnership, the “business interest” represents the right to receive a share of the profits and surpluses from the business. The corporation, LLC or partnership is deemed to “own” the business property—not the shareholders or partners— and the assets of the corporation or partnership are not characterized as community property or separate property. Unlike pro-
fessional goodwill, business goodwill is an asset that belongs to the business, and will be valued as such. In the case of a professional practice, such as a law firm, much of the goodwill, if not all, will be deemed to be professional in nature. Core values. Valuation of a closely held business interest for tax or estate planning purposes is different than valuing a business in a divorce. The measure of value will be the price at which the property would change hands between a willing buyer and a willing seller. The business owner must ensure that the expert retained or appointed to value the business has the proper qualifications to value the specific business and is skilled at presenting complex calculations to judges who possess varying degrees of business training and experience. Taxing concerns. While transfers incident to divorce may be nontaxable in most instances, that does not mean that transfers incident are without tax consequences— especially for the owner of a closely held business interest. The transfer must fit squarely within the IRS rules and regulations. While property transfers between spouses are generally treated as a gift, with the transferee taking the transferor’s basis, the parties have an opportunity to negotiate between them who will bear the greater tax burden based on the transferred basis of the divided assets. Formality fundamentals. When the owner of the business has disregarded the corporate formalities, and used the business assets for personal purposes, the nonowner spouse may persuade the court to treat the business as the “alter ego” of the owner spouse. The consequences for doing so can be detrimental to the business owner who thought his or her business was protected from divorce court. Nobody knows
more about the business practices of the owner of a closely-held business than his or her spouse. A complete lack of trust in the spouse’s business dealings often results in more community property funds being spent to track down witnesses, compel production of relevant records, and retain experts to trace and track transactions. Therefore, business owners who do not want the court to treat the assets of the business the same as all the other assets of the marriage are wise to observe the formalities of the corporate entity, keep corporate and individual property separated, and to ensure that the corporation is not used for personal purposes. A business owner who desires to keep business operations out of the public
courtroom is well served by ethical counsel, discreet transparency and good faith in the discovery and negotiation process. It is important for the business owner to keep in mind that they often have many more options in negotiating a division of the marital estate than does a court in dividing the interests of the parties. When confronting divorce, it is imperative that the business-owner spouse secure legal counsel who understands the sensitive financial, emotional and business issues HN facing the business owner. Jennifer Hargrave and Jim Mueller are partners at Verner Brumley, PC. They can be reached at jhargrave@vernerbrumley.com and jmueller@vernerbrumley.com, respectively.
Trials – Arbitrations – Appeals • Securities • Financial • Commercial Fraud • Business • Energy • 300+ jury trials • 23 reported cases – civil /criminal • Board Certified – Civil Trial Law Texas Board of Legal Specialization
BRADEN W. SPARKS, P.C. 214-750-3372 | brady@sparkslaw.com | sparkslaw.com
Brady Sparks 1/8 page Ad May Edition-Headnotes 5 x 3.875 04.17.12
Business Savvy. Courtroom Smart.
These two fit right in. We’re pleased to announce the addition of
Jeffrey R. Erler
JEFFREY R. ERLER Partner, Bankruptcy
ALLISON JACOBSEN Counsel, Commercial Litigation
Allison Jacobsen
Business Savvy. Courtroom Smart.
Interests Aligned Attorneys | Counselors | 1445 Ross Avenue | Suite 2500 | Dallas, Texas 75202-2711 | tel 214-855-6800 | ghjhlaw.com
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
A pri l 2013
Jerry N. Jordan to Receive 2013 Justinian Award by Joan P. Nye
The Dallas Lawyers Auxiliary recognizes Jerry N. Jordan as the 31st winner of the Justinian Award. This award is given annually to an attorney in recognition of community and philanthropic service. There can be no one more qualified to receive this award than Jerry N. Jordan. Jerry graduated Highland Park High School at age of 16. He attended Vanderbilt University and Southern Methodist University Law School. Upon graduation he chose to stay in Dallas and joined the prestigious firm of Turner, Rodgers, Winn, Scurlock &Terry as a civil practice attorney. As a generalist he represented computer companies, commercial real estate, manufacturing and the oil and gas industry. In 1983 he left to form the firm of Jordan, Dunlap & Prather located in Preston Center where he practiced until he retired in 2001. Jerry earned a reputation as a competent attorney in court and a gentleman in the legal community. For most people having a 50-year law practice and raising a family would have been a full life, but for our 2013 Justinian Winner this was just the first half of his story. Now in retirement, Jerry continues to
Jerry N. Jordan
serve our community by volunteering as an ambassador for The Dallas Committee for International Visitors Association. This is an organization that coordinates with the U.S. State Department to provide exchanges between professionals from all over the world to share
Elm Fork Sporting Clays Course Event
ideas. Over 400 people from more than 50 countries have visited Dallas to learn about our court system and legal procedures. Jerry has served this organization for 50 years acting as a teacher, mentor, host or friend. Jerry has welcomed judges, attorneys and diplomats from as far away as China, Khartoum, Ukraine, Nigeria, Jordan, Korea, Belgium, Malaysia, Morocco, Pakistan, Thailand, France, Arabia, Argentina, Netherlands, Bosnia and New Zealand. Jerry says he has learned to realize that the commonality of people is much greater than their differences. In recognition of this work Jerry was awarded a solid Gold Star from the National Council of International Visitors which has only been awarded to five people previously. Over the years Jerry has been involved with many other social, philanthropic and religious organizations, including First Vice President of the Dallas Bar Association, the Dallas Bar Foundation as both Director and Secretary Treasurer, the Dallas Committee for International Visitors, the North Texas Council for International Visitors, North Texas Legal Aide Association, Toast Masters, Boy Scouts, Suicide Prevention of Dallas, Dallas Soroptimist Club, Dallas Commu-
nity Theater, City of University Park and Highland Park Presbyterian Church. Jerry resides in Dallas, and is happily married to his wife Mary whom he met on a blind date while stationed at Edwards Air force base 57 years ago. He has 2 daughters—Jill Jordan and Jan Altman, and is blessed with five grandchildren: Linkon, Austin, Jordan, Alison and Andrew. Jerry joins a prestigious group of Justinian Award recipients, including Louis A. Bedford Jr., Michael M. Boone, George Bramblett, Sam P. Burford, Jr., Adelfa B. Callejo, George W. Coleman, Marshal J. Doke Jr., Edward J. Drake, Henry Gilcrist, Don Glendenning,G. Michael Gruber, Al Ellis, Vester T. Hughes, Darrell Jordan, Ron Kirk, John Andrew Martin, P. Mike McCullough, Harriet E. Miers, Forrest Smith, Sidney Stahl, Robert Hyer Thomas, and T. Michael Wilson. Please make plans to honor Jerry as he received the 31th Justinian Award at 11:45 am on Wednesday, April 24t in the Pavilion at the Belo Mansion. Author and attorney, Talmage Boston will be the HN keynote speaker. Joan P. Nye is a member of the Dallas Lawyers Auxiliary. She can be reached at nye.joan@princor.com.
‘BAR NONE’ AUDITIONS
April 27, 2013 | 9:30 a.m.
Tuesday, April 2 ~ 5:30 to 7 p.m. ~ Belo Mansion
Cost: $150 (pay at event)
Auditions for Bar None XXVIII: Downton Att’y, will take place April 2 in the Hughes & Luce ballroom at the Belo! All who audition will be cast. The Bar None show, to be held at the Greer Garson Theater June 12-15, benefits the Sarah T. Hughes Diversity Scholarships.
Elm Fork Shooting Range, 10751 Luna Road, Dallas Entry includes instructions, range gun use (if necessary), targets, ammunition, golf cart use, eye and ear protection, snacks and lunch For more information, contact rthornton@dallasbar.org. Hosted by the Entertainment Committee
e tales we could tell, but don’t … ever. Your clients’ personal and business secrets are rare keepsakes for veteran family lawyer Karen Turner. For more than 23 years in family law, she has been professional, effective and discreet. Protect your clients by referring to her today. Karen B. Turner, PLLC 3710 Rawlins, Suite 1230 Dallas, Texas 75219 214-780-0646
info@karenturnerlaw.com www.karenturnerlaw.com
Board Certiied in Family Law, Texas Board of Legal Specialization (since 1994)
Questions? Contact Bar None’s Director, Martha Hardwick Hofmeister, at (214) 780-1400 or mhofmeister@shacklaw.net.
A pril 2 0 1 3 â€
D al l as Bar A ssoci ati on l Headnotes 7
8 He a d n o t e s l D a l l a s B a r A s s o ciation
A pri l 2013
Professionalism: Not Just Honesty and Civility by Al Ellis
In the late ‘80s, many believed Rambo tactics had become the norm rather than the exception. In response to these tactics, a renewed emphasis on professionalism developed. The DBA took the lead and then most major bar associations and the State Bar of Texas developed Lawyer’s Creeds and Guidelines for Professionalism—fashioned after the DBA’s. These creeds and guidelines emphasized the commitment of lawyers to our justice system, our clients, each other and our judges. In short, the emphasis was placed on honesty, civility, cooperation and respect for each other. These guidelines for professional conduct came to define professionalism. However, there is another aspect of professionalism which deserve equal emphasis: community service. Harriet Miers, past President of the State Bar of Texas and the DBA, recently received the prestigious Morris Harrell Professionalism Award, presented annually by the Texas Center for Legal Ethics and the DBA. Her acceptance speech underscored giving back: “While strict adherence to our codes of professional responsibility and doing our jobs as lawyers are the bare minimums in the legal profession, a common attribute to the best known and respected lawyers is their evident true devotion to our justice system and to giving back to the society that provides the privilege of professional status. The most admired lawyers in any community are those whose character and commitment to the profession are discernible but also whose willingness to give back to the community of their time and resources is also evident.” The law is a calling. While the practice of law has become more and more like a business, the “calling” aspect of the law practice as epitomized by fictional trial
lawyer Atticus Finch and remains a significant part of professionalism. Our law licenses are a privilege, not a right. Every lawyer has worked hard to complete law school, pass the Bar exam and learn in real time how to become a good lawyer. While honesty, civility and respect for others are major tenets of our profession, the duty and obligation of community and public service is equally important. Past DBA President Justice Doug Lang of the Fifth District Court of Appeals, recently authored “Deeds, Not Words,” in which several lawyers talked about their mentors and how their deeds influenced the way they practice law. In this book, Marcos Ronquillo wrote of his mentor and “community leader of integrity,” Adelfa Callejo. He told of her involvement locally in the civil rights movement and of her passion for education, including her regular attendance at school board meetings and being instrumental in securing implementation of a DISD drop-out prevention program. He succinctly described her as a “contemporary moral compass” with whom one may not agree on every issue, but from whom one will never be unclear as to her position. To Adelfa, community service is a way of life. The opportunities for lawyer involvement in their communities are unlimited. For young lawyers, no organizations are more involved in the community than the DAYL and Texas Young Lawyers Association. If there is a cause about which a young lawyer is passionate, there is a committee within the DAYL that addresses that cause. Children, pets, domestic violence, education, sports, the environment, housing, homelessness, etc. The DAYL has it. The DBA is another home for service. For example, Rex Spivey, a member of the DBA Community Involvement Committee, generated the idea for the DBA to
The On-Call Lawyer
raise the funds and provide volunteers to build a home in partnership with Habitat for Humanity. The “DBA Home Project” is still going strong after 22 years and the Community Involvement Committee sponsors several projects each year. The Metroplex has dozens of nonprofit associations looking for volunteers. Our legal skills can benefit community organizations and their boards of directors. Critical thinking, problem-solving, organizational and listening skills are all attributes non-profits seek for their committees and boards. Obviously, local churches, synagogues and mosques are a ready source for community service. Long ago, Highland Park United Methodist Church also decided to partner with Habitat for Humanity through a volunteer group known as Carpenters for Christ and committed to building at least five homes a year
in Dallas County. It later committed to building several homes internationally with Habitat for Humanity. Most houses of worship need volunteers for homeless projects, construction of orphanages both in and outside the United States, clothing, food and toy drives throughout the year. The need for community service is great. Because of their skills, lawyers are ideally suited for providing community service, and providing those services are as much a part of professionalism as honesty and civility. Perhaps John Wesley said it best: “Do all the good you can, by all the means you can, in all the ways you can, in all the places you can, at all the times you can, to all the people you can, HN as long as ever you can.” Al Ellis is past president of the DBA and is Of Counsel at Sommerman & Quesada, L.L.P. He can be reached at al@textrial.com.
DBA Receives Law Day Award At the ABA Midyear Awards Luncheon held in February, the DBA Law Day Committee received the Outstanding Law Day Activity Award in recognition of their excellence and service during Law Day 2012. Accepting the award on behalf of the DBA were (left to right): DBA President-Elect Scott McElhaney; Michael Lyons, Chair of the Law Day Committee; DBA President Sally Crawford and Hon. Martin Hoffman.
Best Practices As Seen From the Bench
For Doctors
JODY RUDMAN
A health care litigator and former federal prosecutor, Jody represents doctors and medical providers in critical legal challenges to their licenses and practices.
May 1, 2013
Cityplace Conference Center — Dallas 9:00 a.m. to 11:00 a.m.
Reimbursement disputes against insurance companies Physician non-competes, commercial disputes, peer review and credentialing issues Defending allegations that threaten providers’ licenses and livelihood
We are actively seeking your referrals.
This CLE discussion, led by senior reporter John Council, will provide you with insight from judges who will share their perspectives on patent litigation and their preferences on how these complicated cases should be handled. Judicial Panel: • U.S. District Judge Rodney Gilstrap, Eastern District • U.S. District Judge Barbara Lynn, Northern District • U.S. District Judge Reed O’Connor, Northern District • U.S. Magistrate Judge Roy Payne, Eastern District
Texas Lawyer Subscribers: $50 • Nonsubscribers: $60 • At the door: $70 Jo d y Rud m a n
j ru d m a n @kend alllaw g ro up .co m
This event is pending 1.5 hours of CLE. To register, visit www.TexasLawyerEvents.com. Sponsored by:
3232 McKinney, Suite 700 | Dallas, Texas 75204 www.kendalllawgroup.com
|
214-744-3000
A pril 2 0 1 3
Focus
D al l as Bar A ssoci ati on l Headnotes 9
Family/Probate, Trust & Estate Law
Families with Children with Disabilities by George Shake
Parents of children with disabilities have many rights, powers and duties for their children to receive an appropriate education. Special Education Law involves the complex interplay of federal, state and local law. Special education is quite a modern accomplishment. Before 1975, many students with disabilities were simply denied access to schools. There were several important federal laws which provided some funding for some services before 1975, but they were modest and not universal. In 1975, the U.S. legislature enacted the Education for All Handicapped Children Act (Public Law 94-142). The current version of this law is enacted as the Individuals with Disabilities Education Act (IDEA). IDEA, and the Department of Education regulations which supplement it, are extensive and complex. Each state then enacts state legislation and regulations to ratify, and in many cases expand these. About 10 percent of students in public schools receive special education. Schools are required to provide these services as long as they accept federal educational funds. Some of the most common disabilities under which students qualify to receive special education are Speech Impairments and Learning Disabilities. In special education jargon, these are referred to as eligibility categories. There are 13 eligibility categories in all. Some of these categories are incredibly broad. For example, the condition of Emotional Disturbance may include many psychological conditions such as bipolar dis-
order, anxiety, depression and schizophrenia. The term special education is simultaneously simple and complex. Special education is not a specific person, place or thing. At its core, special education is specially designed teaching methods, therapies, services, equipment and modifications to a student’s environment or curriculum. Special education is tailored for each individual student. A student’s Individualized Education Program (IEP) is designed to ensure that the student receives a Free Appropriate Public Education in the Least Restrictive Environment. These statements appear to be fairly straightforward. However, schools and parents do not always agree on what these terms mean. Here are three steps for attorneys to consider in determining if their clients have a special education claim: 1. Determine if the child is currently in special education. If your client is not sure, have them contact the Special Education department in their school district and ask. If the child is not in special education, your client’s possible claims have been drastically reduced. The most common claim at this juncture would be the school district’s failure to identify the child as having a disability. Generally, however, these types of claims are often quickly rectified by school districts by testing the child without the parent having to resort to formal legal action. 2. If the child is in special education, determine why the parent is seeking legal assistance. The most common reasons include: delay of graduation, recommendation for the child to repeat
a grade, expulsion, removal from a campus, suspension, removal from a regular classroom and disagreements about disability categories. These are all legitimate considerations for schools, but schools must honor all of the extensive rights granted to children with disabilities and their parents. Sometimes parents require assistance in asserting such rights. It is critical for attorneys to receive an accurate report of exactly what action(s) a school is proposing or refusing regarding a specific student. It is equally important to understand what action(s) the parents want the school to take or halt. Copies of email correspondence between the parents and school employees can be incredibly enlightening. More formal documentation that can quickly answer these questions includes Notices, Invitations and IEP documents. 3. If the child is enrolled in special education and a parent disagrees with
the child’s current placement or evaluation reports, there are several remedies at the parents’ disposal. Attorneys can guide these clients through the procedures to make formal requests of the school. Attorneys can advocate for a child and the parents in a special education meeting (in Texas, this meeting is an Admission, Review and Dismissal Committee Meeting, elsewhere it is known as an IEP Committee Meeting). Finally, an attorney can represent the parent in (a) filing a formal complaint to the Texas Education Agency or Office of Civil Rights, (b) requesting mediation and/or (c) requesting a due process hearing with an administrative law judge (due process hearing officer). An analysis of these three steps is critical in order to protect the rights of children with disabilities and the rights HN of their parents. George Shake is an associate at Geary, Porter & Donovan, P.C. He can be reached at gshake@gpd.com.
SUMMER LAW INTERN PROGRAM NEEDS YOUR HELP Interns For Hire
Need some quality help this summer? Let our Summer Law Intern Program help you fill the position – Part-time or Full-time - either 4-wks or 8wks of our full program – the choice is yours!
SLIP Interviewers Needed
Help high school students receive “real world” experience by interviewing them for the 2013 Summer Law Intern Program. Dallas ISD high school (a 2 – 2 ½ hour process). April 9, 10, & 11 ~ 1:30 p.m. (Exact location and Interview materials to be assigned.) For more information, please contact asmith@dallasbar.org or visit www.dallasbar.org/summerlawinternprogram.
COMMUNITIES FOUNDATION OF TEXAS & SMU DEDMAN SCHOOL OF LAW PROFESSIONAL SEMINAR SERIES 2013
May 14, 2013
EMERGING STRONGER: The Meanings and Motives of Wealth and Philanthropy featuring
Paul G. Schervish Join us for this interactive seminar as Paul G. Schervish will present a comprehensive review of wealth, charitable giving, and philanthropy. He will discuss an innovative way to understand a client’s motives for charitable giving as well as provide strategies for carrying out conversations of discovery and discernment that enhance the value of client services. Sponsored by:
Paul G. Shervish As Director of the Center on Wealth and Philanthropy at Boston College, Paul G. Schervish has been selected five times to The NonProfit Times annual “Power and Influence Top 50” list. He speaks regularly on how to analyze the moral biographies of wealth holders, on the motivations for charitable giving, as well as the demographic patterns of wealth and charitable giving. His advice is often sought by professional advisors who desire to integrate philanthropy into their practices.
Breakfast sponsored by Looper Reed & McGraw, P.C.
Communities Foundation of Texas Mabel Peters Caruth Center • 5500 Caruth Haven Lane $75/person registration fee • Seating is limited May 14, 2013 • Continental Breakfast - 7:30 a.m. • Program - 8 a.m. to 11:15 a.m. CPE/CFP 3-hour credit • CLE and Legal Ethics credits pending • No prerequisites required
To register, visit www.cftexas.org/seminar2013, or call (214) 750-4213
10 H e a d n o t e s l D a l l a s B a r A s s o ciation
A pri l 2013
New IRS Section 6050W: What is it, and How it Affects Attorneys By Tracey Gavin
If you are a law firm processing credit cards, you are now subject to the newest IRS requirement—Section 6050W.
What is 6050W?
Effective Jan. 2012, The Housing and Economic Recovery Act of 2008 required the IRS to collect a 1099-K from credit card processors (LawPay, First Data) and 3rd party payment aggregators (PayPal, Square) for merchant credit and debit card transactions. This means the gross dollar amount of all transactions is now reported on a special 1099-K, regardless of returns or processing fee deductions.
What about my IOLTA?
In the case of attorneys, Section 6050W does not make a distinction between credit
card transaction deposits made to a trust or IOLTA bank account and an attorney’s operating bank account. This has many attorneys concerned the IRS will view these transactions incorrectly as income. However, there are two important items to note: (1) the new 1099-K is only intended to be “informational,” (2) your processor should include a merchant industry code on your 1099-K identifying you as a law firm or provider of legal services. The reporting requirements under section 6050W require credit card processors to report to the IRS on Form 1099-K the total gross amount of payment card transactions processes for each client over the calendar year, without reduction to account for amounts deposited into IOLTAs. Although there are few instructions from the IRS informing taxpayers on how to account for discrepancies between 1099-Ks issued
to them and amounts reported on the taxpayer’s return, it is clear that the IRS does not intend the Form 1099-K to match net, taxable, or even gross income. Thus, the amount shown on the Form 1099-K will not in all instances be required to be reported as income.
Match or Mis-Match?
In addition to the gross volume reporting, Section 6050W also requires processors to verify and match your federal tax ID and legal name to IRS records. Due to technology limitations with most Visa & MasterCard processors, merchant statements are usually limited to only 25-35 characters. As such, many law firms’ merchants have either abbreviated their name or used an acronym for their merchant account. If this is the case, you will need to contact your processor to assure that your legal name on your merchant exactly matches the legal name you use to file your tax returns.
Painful Penalty
In 2013 the IRS may begin imposing a 28 percent withholding penalty on all credit card transactions if the merchant information on file is not an exact match with their records. Due to the steep withholding penalty, it is imperative that you confirm the information on your 2012 1099-K. If you have not yet received a 1099-K from your processor, call and request a copy. While the IRS requires your processor to send a notification, in the case of a mismatch, the ultimate
liability lies squarely with you and your firm.
No Need for Alarm
The intent of Section 6050W is to assist the IRS in identifying businesses not filing accurate tax returns. The IRS appears to be targeting businesses most likely to omit or avoid reporting correct tax information. Referring to the 1099-K, IRS FAQ documentation states, “Separate reporting of these transactions is not required.” For more information visit www.irs.gov/uac/GeneralFAQs-on-New-Payment-Card-ReportingRequirements .
Summary
While the new 6050W requirement requires your Tax ID and name match what is on file, the new rule should have minimal impact on your business. The benefits of accepting credit cards are far more impactful. Offering your clients flexible payment options while getting paid quickly and securely far outweighs any potential obstacles. For more information visit www.IRS.gov or consult directly with your tax advisor.
About AffiniPay/ LawPay
The LawPay Program is a custom payment solution designed by AffiniPay for attorneys. LawPay complies with ABA and state requirements for managing client HN funds.
Tracy Gavin is the Marketing Director for LawPay. She can be reached at tgavin@affinipay.com.
Duties and Challenges in Representing a Fiduciary Wednesday, April 3, noon at Belo. MCLE 1.00 Panel of Speakers: Fred Hartnett, Lori Ashmore Peters, P. Keith Staubus and Dallas County Probate Court Judges. Presented by DVAP and the DBA Probate, Trust & Estate Section For registration and more information contact reed-brownc@lanwt.org.
I need someone to
manage the document review, so I can focus on
managing the case.
ThaT’s whaT we do, every day.® Special Counsel is the nation’s largest provider of legal workforce solutions, providing full cycle discovery services from processing through production. Our project managers are talented document review attorneys with proven project management and supervisory experience. Our project managers work hand-in-hand with clients throughout their entire project lifecycles, developing plans that accurately forecast projected spend and reduce overall discovery costs. A Special Counsel managed review will increase productivity, not price. Call us today.
©2013 Special Counsel, Inc. All rights reserved.
214.698.0200 800.737.3436 specialcounsel.com
A pril 2 0 1 3
Focus
Dal l as Bar A ssoci ati on l Headnotes 11
Family/Probate, Trust & Estate Law
Family Building—Doing It the Legal Way by Jenny L. Womack
According to the Centers for Disease Control, millions of women and men suffer from impaired fertility or infertility. For them, becoming a parent often involves the legal system through adoption or, increasingly, through assisted reproduction technology (ART) cases concerning surrogacy or gamete donation. A woman gives birth to a child. Does that make her the child’s mother? Maybe or maybe not. What if you were told the woman was not genetically related to the child? She may still be the baby’s mother if she conceived using an egg donor. Or she may have been serving as a gestational carrier for someone else, using either the intended mother’s egg or a donated egg. What about the father, is the man who provided the sperm the baby’s father? Not if he was a sperm donor. Under Texas law, donors are not parents. Yet not every man who “donates” sperm (or woman who “donates” an egg) is a donor legally speaking. The Texas Family Code specifically defines a donor as a man or women who provides egg or
sperm through a physician for the purpose of assisted reproduction, with a few limited exclusions for husbands who provide sperm for their wives (using IVF for example), men who provide sperm intending to parent the child, or a woman who gives birth to a child through assisted reproduction using her own egg(s). Therefore, using an at-home insemination kit with a friend’s sperm would not make the friend a donor. This friend would have parental rights he could enforce and could be obligated to pay child support, even if he did not intend to parent the child. The same could be said of a surrogate whose egg is used, a process commonly referred to as traditional surrogacy. Details are important and can make all the difference. When it comes to surrogacy, for example, the Texas Family Code allows parties entering into a gestational agreement to have it validated by a court pre-birth in certain circumstances: the intended parents must be a married couple, the intended mother must be unable to carry or safely carry a pregnancy to term, the surrogate or gestational carrier must have carried at least one previous pregnancy safely to term, and the egg(s) used must
Professionalism Tip
“To fulfill their responsibility as problem solvers, lawyers must exhibit a high degree of respect for each other, for the court system, and for the public. By doing so, lawyers help to enhance respect for and trust in our legal system. Professionalism’s main building block is civility, and it sets the truly accomplished lawyer apart from the ordinary lawyer.” —Chief United States District Judge Sidney A. Fitzwater from “The Excellent Lawyer,” December 6, 2012
Provided by the DBA Legal Ethics Committee
not be the gestational carrier’s. But what about single intended parents or LGBT couples? What about traditional surrogacy? Such cases must be handled very differently and are generally more akin to the adoption process. Regardless of the situation, some type of legal documentation is necessary, usually starting with a contract, whether for egg donation or surrogacy or both. Once again the details are crucial and there are a number of details that must be taken into account, including but certainly not limited to: compensation, payment of expenses, termination of pregnancy or selective reduction, choice of doctor, choice of hospital and so on. A typical gestational agreement is easily 35 pages or more. Furthermore, ART medicine and law are constantly evolving. In fact, at this time there is legislation pending to expand the current gestational agreement statutes to provide for single intended parents as well as married ones. Intent is also critical when it comes to family building through ART. For example, take the situation where a woman gives birth to a child conceived through
artificial reproduction using a donor egg and the sperm of a man who intends to be the father. After birth, the intended father says the woman was just supposed to be a gestational carrier for him and his partner, but the woman claims she and the intended father were supposed to raise this child together. Unfortunately, it appears that neither of them consulted an attorney before having this child so there are no legal agreements documenting the parties’ intentions to support either person’s claims. Consequently, these parties are now facing a contested suit affecting the parent-child relationship to establish parentage as well as custody, possession and access and child support. Such cases become even more complex when one or more of the parties involved reside in a different state or different country where surrogacy may be more limited or even illegal. In today’s world, family building through adoption or ART is complex and the need for experienced legal counsel is more crucial HN than ever. Jenny L. Womack is a solo practitioner. She can be reached at Jenny@WomackAdoptions.com.
12 H e a d n o t e s l D a l l a s B a r A s s o ciation
A pri l 2013
The Fuzzy Buzz on Big Data by Murali Pasupulati
The latest tech-savvy term of art to dominate popular imagination is Big Data. It has seemingly displaced even cloud computing, and Software-as-a-Service (SaaS) as the über-concept among the technology and business elites. While the business case for Big Data appears to have been largely settled, there is an alarming dearth in legal scholarship and responsible popular debate on Big Data’s impact on society and the legal landscape. In more prosaic terms, the question is what are the significant legal issues that lawyers are likely to confront in this brave new world? These are not mere academic musings, but urgent real world issues that lawyers must understand in order to deliver effective legal counsel and practical solutions. Big Data may be understood as the
inevitable culmination of discrete converging trends within technology and business the past few decades, i.e., the plummeting storage costs for exponentially expansive volumes of data, robust processing power, and finally the rapid networking of multiple sources, i.e., RFID tags, sensors, computers, GPS-enabled smart devices, cameras and utility grids. While businesses and governments have always collected, stored and manipulated large amounts of data, the arrival of Big Data is definitely new to the human experience. It is now possible to store seemingly unlimited amounts of data indefinitely into the future and process both structured and unstructured data to discern previously hidden patterns, correlations, or relationships that were simply impossible to perform even a few years ago. The macroscopic insights revealed by these technologies are bound to pose interesting legal
issues and challenges in the near future. Ideally, both businesses and governments plan on harnessing these data treasure troves in order to deliver innovative solutions and value for their respective constituencies, i.e., consumers and citizens alike. However, before we realize that utopian vision, there is the trickier task of negotiating the steep learning curve these technologies present. For instance, the most obvious business use of Big Data is simply more efficient data mining. As the recent public relations faux pas at Target suggests, customers are unlikely to adopt a benign disposition when they learn that their spending behavior is being tracked and analyzed at such granular levels that Target knew which of its customers were pregnant—sometimes even before their families had been told. The initial round of legal issues to arise from Big Data would certainly revolve around privacy and data security concerns. The ability of governments and businesses to collect, store, process and cross-reference large data sets resulting in ever-increasing vivid personal composites of individuals and groups must be addressed. For instance, the ability of organizations to retain large stores of data indefinitely will certainly require the development of effective records management protocols and procedures. Also the present day FTC Fair Information Practice Principles will be vigorously tested in the context of Big Data when enormous data sets from multiple sources and novel data points converge. An important debate that is likely to surface soon is how information process-
ing and analytical tools, including search engines, are regulated. In the absence of robust analytical tools that helps organizations identify and add business value, the seemingly inexhaustible generation and storage of data might as well be over-expensive paperweights. This is an area that is likely to be looked into by regulators and legislators in due course. Another area likely to gain increasing traction among legal practitioners is providing counsel on intellectual property ownership questions, licensing issues, or other use-rights matters involving the multi-faceted databases, as well as any inventions and innovations resulting from leveraging Big Data. Finally, the legal community must also be able and willing to craft useful and practical solutions to the many dormant concerns residing within Big Data. For instance, there are grave implications to small market players if major businesses are successful in their monopolistic consolidation of information. This could virtually drive out competition and have an adverse impact on future innovation and growth. Also, given the apparent Orwellian realities of Big Data, the government’s ability to hide its information and decision processing methodologies behind opaque barriers must be pushed back by developing clear and concise informational governance schema that address the concerns and interests of all the stakeholders in HN this Big Data world. Murali Pasupulatiis an attorney at Dell Services. He can be reached at mpasupulati@yahoo.com.
THE RICHARDS GROUP TRG JOB: SCE-12-0018 CLIENT: SMU AD NAME: Dispute Resolution Print PUB(S): Headnotes INSERTION DATE: Sept. 2012 TRIM: 5 x 7.75 LIVE: BLEED: COLOR/LS/Dmax: B/W/85/240
JRFRIM_Ad2012.indd 1 QUESTIONS: Jen Duncan 214-891-5808
Under attack?
Add “Peacemaker” To Your Job Description.
10/9/12 10:39 AM
When nature doesn’t give you the protection you need, make sure you have the best liability insurance available. Texas Lawyers’ Insurance Exchange offers affordable legal malpractice protection to over 5,000 Texas lawyers and judges. TLIE has been a consistent and reliable source of liability coverage for over 31 years. After you’ve been attacked and a claim has been filed is not the time to wonder if you have dependable coverage. Make sure you do.
Improve your marketability and develop the skills needed to take control of conflict. Earn a Master’s in Conflict Management or Graduate Certificates in Dispute Resolution, Team Building, Education and Executive Coaching. Our small classes, led by industry experts, teach practical skills in negotiation, mediation and team building to better manage organizational and interpersonal disputes – even at the international level. Convenient evening and weekend classes offered at SMU’s Plano campus. SMU Center for Dispute Resolution & Conflict Management 214.768.9032 • resolution.smu.edu
512.480.9074 / 1.800.252.9332 INFO@TLIE.ORG / WWW.TLIE.ORG
Follow us on SMU will not discriminate on the basis of race, color, religion, national origin, sex, age, disability or veteran status. SMU’s commitment to equal opportunity includes nondiscrimination on the basis of sexual orientation.
Protect yourself. SCE120018 DR 5x7_7.indd 1
8/14/12 5:01 PM
A pril 2 0 1 3
Focus
Dal l as Bar A ssoci ati on l Headnotes 13
Family/Probate, Trust & Estate Law
Special Needs Trust: What Every Practitioner Should Know by Tresi Weeks
What is a Special Needs Trust?
A Special Needs Trust (SNT) is created and administered for the benefit of a person who is or will be unable to support him or herself due to a serious disability. The trust provides for the care of the beneficiary while preserving the beneficiary’s option to receive assistance funded by government agencies. Many government services essential to persons with disabilities are subject to strict asset and income limitations. Supplemental Security Income (SSI) and Medicaid, for example, provide for the basic bare necessities of food, housing and
medical care. To qualify for these benefits, a single individual can have little more than $2,000 in assets and minimal monthly income. This presents a problem for most families who do not have enough assets to provide for all of their loved one’s lifetime care, yet want to provide more than the mere subsistence level provided by public aid. It also presents a problem when the individual receives a personal injury recovery or child or spousal support. Funds placed in a properly drafted and administered SNT, however, are not considered an asset or resource for eligibility purposes. The trustee disburses funds to take care of the beneficiary’s needs not provided for by government programs with
the intent that the beneficiary remains eligible for public aid if needed. Even a well drafted SNT can cause disqualification when administered incorrectly. For example, if the trustee gives cash or a debit card to the beneficiary, the beneficiary can lose eligibility for critical government aid. The trustee should obtain legal advice before making distributions.
Wills and Estate Planning
A SNT may be established to provide for the care of a child with special needs after the parents’ death. It may be a testamentary or inter-vivos trust in which the parents are the grantors and the child is the beneficiary. The parents’ wills are drafted to distribute that child’s portion of their estate to the trustee of the SNT. Many parents fund the SNT by designating the trustee as a beneficiary of their life insurance. The child’s grandparents and other relatives can also contribute to the child’s care by gifting or by naming the SNT as a beneficiary of their will or life insurance proceeds. Notably, naming the trust as a retirement account beneficiary can result in the loss of eligibility for government assistance if drafted incorrectly. Failure to establish an SNT can be highly detrimental to a special needs child’s future. An outright inheritance can result in the child’s loss of essential government aid. Without medical care and food and shelter, the effects can be devastating. Some parents believe they should disinherit their child with special needs, leaving their assets to their non-disabled child with the hope that they will use it for the child with disabilities. This is rarely a good option. The assets can be lost to the non-disabled child’s judgment creditors or estranged spouse, or can be used for pur-
poses contrary to the parents’ wishes. This option also places an unfair burden on the healthy child and could strain the sibling relationship.
Divorce Proceeds
Child support and spousal maintenance paid directly to a child or spouse with special needs may reduce the recipient’s government benefits or may completely disqualify the recipient from receiving those benefits. To preserve eligibility, counsel should consider creating a SNT funded by the support. Attorneys should obtain an irrevocable court order requiring that the support be paid directly into the SNT.
Personal Injury Recovery
Personal injury proceeds can be used to fund a SNT for the plaintiff with disabilities who may need to rely on SSI and Medicaid now or in the future. Funding a SNT with a structured settlement annuity can cause disqualification and must be prepared with great care.
Elder Law
A SNT can help spouses in Medicaid planning for long-term nursing home care.
Conclusion
An attorney who is not experienced with SNTs is wise to seek counsel from one who is. Although planning with special needs trusts can be daunting, it can be rewarding to reassure worried clients that you can provide solutions to care for their special loved one when they are no longer HN able to do so.
Tresi Weeks is the mother of a child with special needs and the managing attorney of The Weeks Law Firm, PLLC. She can be reached at tresi@weekslawfirm.com.
Please join us for two upcoming special events!
APRIL 2013 Edward B. Rust Jr. ’75 7:00 p.m. – SMU Campus (Mack Grand Ballroom)
Wednesday, April 10, 2013 Carrington Endowed Lecture Series
& Jill Abramson 7:00 p.m. – Belo Mansion
Monday, April 22, 2013 Louise B. Raggio Endowed Lecture Series Mr. Rust will be interviewed by Angela Braly ’85, Former President & CEO, WellPoint, Inc.
Edward B. Rust Jr. ’75 Chairman, U.S. Chamber of Commerce, & CEO, State Farm Insurance
Register online: law.smu.edu Tickets are $25 for each event. For more information, call 214-768-4177.
Jill Abramson Executive Editor The New York Times
14 H e a d n o t e s l D a l l a s B a r A s s o ciation
A pri l 2013
15 Key Objections Every Lawyer Should Know by William A. Newman
Preventing the submission of improper evidence is crucial. Objections are the tools that manage this flow of evidence. Although not exhaustive, here are 15 important objections every lawyer should know: 1. Hearsay. Rules of Evidence Rule 801(d) defines hearsay as “a statement . . . to prove the truth of the matter asserted.” If the passenger testifies that the driver said, “The light turned green,” this statement may be hearsay if offered to prove that the light was green; however, if the passenger was asked, “How do you know the driver was watching the road?” the response would not be hearsay. 2. Competence. Everyone is competent except the Judge, jurors testifying about deliberations, children, the insane, or those excluded by the Dead Man’s Rule. Tex. Evid. R. 601(b). That Rule says neither party may testify to statements by the deceased unless (1) corroborated or (2) the witness is called by the opponent. 3. Argumentative. This is not an objection to being disagreeable. An argumentative question makes jury argument, summarizes, draws inferences, or comments on evidence. A question that began, “If Jesse Contreras had not been shot like a dog . . .”
was argumentative. 4. Harassment. Harassment occurs when a question is asked to embarrass, bully, or brow beat. However, even “harassing” questions might be allowed if otherwise relevant. 5. Best Evidence Rule. Although circumscribed, the best evidence rule finds continuing vitality in the Rules. Under the best evidence rule, secondary evidence, such as a copy, is not admissible if an original document exists unless you prove “authenticity.” The use of mechanically produced duplicates is allowed unless a party raises a genuine question about their accuracy. Testimony about the contents of a document is subject to the best evidence rule. 6. Leading Questions. A leading question suggests the desired answer. For instance, “You were at the bar on the night of July 5, weren’t you?” Leading questions are permitted: on cross, on preliminary matters, for adverse witnesses, or when the witness is infirm and needs help. 7. Lack of Foundation. Applies when the witness does not have “personal knowledge” of the subject of testimony. Tex. Evid. R. 602. It may also apply to a failure to prove an exhibit or failure to lay the proper predicate for an expert.
8. Opinion Testimony. A lay witness’s opinion is only admissible if it is “rationally based on the perception of the witness.” Tex. Evid. R. 701(a). A lay witness cannot offer an opinion about the ultimate cause an accident. He can say that a car seemed to be going excessively fast, but cannot offer an opinion of velocity or draw a conclusion beyond his perception. 9. Daubert Objection. Does the proffered opinion actually assist the jury? If not, it probably is not admissible. If it is conclusory, it offers “no evidence.” Generally, you must object before the evidence is offered. But “no evidence” issues may be raised later. Remember that Daubert principles apply to all experts, not just scientific. 10. Ambiguous. An ambiguous question is one that is likely to confuse the jury or witness. Tex. Evid. R. 611. 11. Asked and Answered. This objection is appropriate when a question is repetitive and unlikely to lead to additional evidence. Tex. Evid. R. 403, 611. 12. Assumes Facts Not in Evidence. Facts must be established by a witness or other evidence. You may not otherwise
assume facts. Tex. Evid. R. 611. However a lawyer may explain how the inference comes from earlier evidence or reframe the question as a hypothetical. 13. Compound. A compound is one that simply contains two or more distinct inquiries. Tex. Evid. R. 611. 14. Authentication. Authentication is “a condition precedent to admissibility” and “is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” Tex. Evid. R. 901. Rule 901 contains a non-exclusive list of ten types of authentication. Rule 902 lists “selfauthenticated” documents, including sworn business records. 15. Bolstering. Unless the opposing party has already questioned the character or truthfulness of a witness, evidence with the purpose of proving that the witness is worthy of credit is bolstering. Although the word is not present in the Rules, the substance is found in Rules 608(a) and HN 613(c). William A. Newman is an attorney for The Bassett Firm. He can be reached at wnewman@thebassettfirm.com.
Sustaining Members of the Dallas Bar Association The DBA sincerely appreciates the support of its Sustaining Members whose financial contributions enhance the preservation of the historic Belo Mansion.
As of March 8, 2013 Ben Abbott Ben Abbott, P.C. Randolph D. Addison Addison Law Firm P.C. Frederick J. Barrow The Godsey Martin Law Firm, P.C. David Carlock Carlock-Gormley-Hight Al Ellis Sommerman & Quesada, L.L.P. David L. Godsey The Godsey Martin Law Firm, P.C. Judge Bonnie L. Goldstein Bonnie Lee Goldstein, P.C. James J. Hartnett, Jr. The Hartnett Law Firm Houston E. Holmes, Jr. Houston E. Holmes, Jr., Attorney at Law Paul M. Hood Paul M. Hood, P.C. Kathleen E. Irvin Attorney at Law Justice Tom James
Kristina N. Kastl Kastl Law, P.C. Justin Martin The Godsey Martin Law Firm, P.C. Sawnie A. McEntire Beirne, Maynard & Parsons, L.L.P. Mike McKool, Jr. McKool Smith P.C. Tahira Khan Merritt Tahira Khan Merritt PLLC Nancy Arnole Nasher NorthPark Development Company Richard D. Pullman Kessler Collins, P.C. Michael L. Riddle Middleberg, Riddle & Gianna Scott R. Seideman The Seideman Law Firm Daniel J. Sheehan, Jr. Daniel Sheehan & Associates, L.L.P. Darryl J. Silvera The Silvera Firm M.J. Trusty Guaranty Bond Bank Peter S. Vogel Gardere Wynne Sewell LLP
The Texas Supreme Court A Narrative History, 1836–1986 By James L. Haley The award-winning author of Sam Houston, Passionate Nation, and Wolf: The Lives of Jack London offers a lively narrative history of Texas’s highest court and how it helped to shape the Lone Star State during its first 150 years. Texas Legal Studies Series, Texas Supreme Court Historical Society
57 b&w photos $29.95 hardcover, $29.95 e-book
Read more about this book online.
university of texas press 800.252.3206 | www.utexaspress.com
A pril 2 0 1 3
Focus
Dal l as Bar A ssoci ati on l Headnotes 15
Family/Probate, Trust & Estate Law
Considerations When Choosing a Power of Attorney or Guardianship by Brandy Baxter-Thompson and Nikki Wolff
Chapters 12 and 13 of the Texas Probate Code govern durable powers of attorney (POA) and guardianships of an estate. Under a POA, the agent can be given very broad powers with respect to the management and disposition of the principal’s property. The agent’s powers can become effective either immediately upon execution of the POA or upon a principal’s incapacity (typically determined by a doctor’s letter to that effect). A POA is frequently prepared to try to avoid the need for a guardian of the estate when a person becomes incapacitated and is no longer able to handle his or her property or financial affairs. Absent a POA, a guardianship of the estate is often necessary when the proposed ward is no longer capable of managing his or her property and financial affairs. Upon a finding by the Court that the proposed ward is incapacitated, a guardian of the estate may
be appointed. There are key distinctions between a POA and a guardianship, including: • A guardian of the estate must be bonded, while an agent under a POA is not. • A guardian of the estate must obtain prior Court approval before taking any actions with the ward’s property, whereas an agent under a POA does not require prior approval from the principal or the Court before acting. • A guardian of the estate has to file an annual accounting with the Court that accounts for all transactions related to the ward’s property. The annual accounting must be audited and approved for the guardian to have authority to act. An agent under a POA must only provide an accounting of transactions upon the principal’s demand. • A proposed guardian of the estate must hire an attorney to obtain the guardianship and must be continuously represented by an attorney who will prepare and file any documents required by the Texas Probate Code or
HELP US BEAT THE HEAT FAN DRIVE! For the poor, elderly and disabled in Dallas. Donate new or gently used fans or A/C window Units to 6222 Sichter Ave., Dallas, TX 75230 (Walnut Hill & Preston) Donations Accepted April 13-April 26 For more information, contact kzack@dallasbar.org. Sponsored by the DBA Community Involvement Committee
the Court. The costs of a POA to the principal are likely limited to the preparation, execution and recording of the document, and an agent under a POA does not have to be represented by an attorney. While a POA may be a less restrictive and less costly alternative to a guardianship of the estate, there are many instances where a POA will not be feasible and a guardianship of the estate may be necessary. For example, if the principal under a POA is incapacitated, he is likely unable to oversee the agent’s actions and incapable of demanding and understanding an accounting of the agent’s actions. Due to lack of oversight by an incapacitated principal, an untrustworthy agent under a POA can more easily misappropriate the principal’s property, and misappropriations may not be discovered until after the death of the principal or the complete exhaustion of the principal’s property. If any person concerned with the welfare of the proposed ward’s estate has reason to believe an agent is misappropriating the incapacitated principal’s property or otherwise breaching his or her fiduciary duties to a principal, a permanent guardian of the estate can be appointed. Such an appointment will terminate the agent’s authority under the POA: Upon appointment and qualification, the guardian of the estate is the only one with authority to act with regard to the
principal’s property. Another problematic issue arises when a principal has executed more than one POA. With “dueling” POAs, the only way to assure that all POAs are terminated and that any “bad actors” no longer have authority to act as agent under a POA is to obtain a guardianship of the estate of the principal. In summary, a POA and a guardianship of the estate are mutually exclusive mechanisms to allow another person to manage an incapacitated person’s property and financial affairs. While the POA is a simple and inexpensive document to prepare, it can provide broad powers for the agent with little oversight by an incapacitated principal. A guardianship of the estate is a more expensive alternative, but it provides for court supervision and a bond as safeguard against any mismanagement or wrongdoing by the guardian of the estate. Accordingly, a principal should give great care in deciding who to appoint as his or her agent under a POA given the potential lack of oversight. Under certain circumstances, a guardian of the estate may be necessary and the only option. HN Brandy Baxter-Thompson is a non-equity member and Nikki Wolff is an associate at Calloway, Norris, Burdette & Weber, PLLC. They can be reached at bbthompson@cnbwlaw.com or nwolff@cnbwlaw.com, respectively.
Speak to Dallas ISD Students! Speak to Dallas ISD students during May 2013 in celebration of Law Week. DISD schools are hosting various Career Days and speakers are requested. Speakers are encouraged to address the audience about Law Day, the rule of law or similar. The time commitments and class sizes vary. Sign-up by Friday, April 19 to Amy Smith at asmith@dallasbar.org.
Our mediation office in Dallas, Texas serves clients in an atmosphere of fairness and excellence. Focused on Resolution
Contact Us
Mike McCullough works to resolve
Phone:
your case in a fair and efficient
www.McCulloughMediation.com
manner. You can trust our staff to serve with balance and respect.
(214) 365-9000
9400 N. Central Expwy., Suite 1305
MHDocs 4280650_1 980653.2
Dallas, TX 75231
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
A pri l 2013
Belo Mansion—Your Go To Place for Top-Notch CLEs With your DBA membership, you have access to nearly 400 free CLEs each year. Find your next CLE at www.dallasbar.org.
Melissa Kingston, Bryan Pope, Keith O’Connell, Judge Martin Hoffman, Robert Tobey and Judge Ken Tapscott at a CLE presented by the Judiciary Committee. Melinda Jayson, Gene Roberts, and Olivier Andre at the ADR CLE.
Criminal Law Section CLE presenters Stephanie Luce and Police Chief David Brown.
Frank Giunta, Mike Guajardo, Judge Eric Moye’, Dan Worthington, Bryan Pope and Judge Dale Tillery at a joint presentation of the Alternative Dispute Resolution and Tort & Insurance Practice Sections. Speakers Dr. Benjamin Albritton, Dr. Adele Hurst, Brett Stalcup, Susan Duesler Terry Hill at a Peer Assistance Committee CLE.
Law Day 2013 LAW DAY LUNCHEON ~ Honoring our State & Local Judiciary ~
Friday, May 3 at noon (doors open at 11:45 a.m.) Keynote Speaker: Honorable Jane Boyle Major Sponsor: Law Pay (www. lawpay.com/dallasbar) Switch to LawPay at no cost and save up to 25% off standard credit card processing fees.
Daryl Johnston, Jamey Newberg, Todd Krumholz and Brad Sham at a Sports & Entertainment Section CLE.
Tickets: $35. Tables of 10 are $350. Must be purchased in advance. For more information, visit www.dallasbar.org or contact Mary Ellen Johnson at mjohnson@dallasbar.org.
April 2 0 1 3
Focus
Dal l as Bar A ssoci ati on l Headnotes 17
Family/Probate, Trust & Estate Law
How to Answer Ten Family Law Questions by Kelly McClure and Chris Meuse
As attorneys, we are often solicited for legal advice on areas of the law which we do not practice, and some of the most commonly asked questions of attorneys are those regarding family law. What follows are basic answers to frequently asked family law questions. Whether you are looking to help clients with family law issues or you just want something more to talk about at your next cocktail party, hopefully this cheat-sheet to 10 common family law questions will make you look like The Most Knowledgeable Non-Family Lawyer in the World. 1. Premarital and Post-Marital Agreements: “What can I do if my spouse is only after my money?” Texas allows prospective spouses to contract their future relationship and marital property rights, including whether or not a community estate will be created during the marriage. Premarital agreements become effective on marriage and are enforceable without consideration; however, for an agreement to be valid, it must be in writing and signed by both parties. Also, it is vital that both parties enter the agreement voluntarily and with fair and reasonable disclosure of the other party’s assets and obligations. 2. Collaborative Divorce: “We can still be friends, right?” Collaborative Law provides parties a means to a peaceable resolution of their family law dispute. In a collaborative case, a lawyer’s primary goal is to help the parties reach settlement, and routinely, a mental health professional and financial professional are also added to the “collaborative team.” The collaborative team meets with the clients, out of the courtroom, in joint sessions, discussing settlement and conduct-
ing informal discovery, in efforts to reach a final settlement. 3. Property Division: “Is my spouse going to get half?” Many future divorcees believe Texas is a “50/50” state, meaning each spouse is going to receive half of the marital estate. However, Texas courts divide property in a manner the court deems “just and right.” Therefore, Texas is an “equitable,” not an “equal” state, so a party may receive a disproportionate share of the community estate. 4. Fault Grounds for Divorce: “How can I make my spouse pay for what they did to me!?” Texas is considered a no-fault divorce state, so a court may grant a divorce without regard to fault. But Texas does still recognize fault grounds, such as cruelty, adultery and abandonment, and a court may consider these fault grounds in making a disproportionate distribution of the marital estate. 5. Waiting Periods: “How long is this all going to take?” “When will I be divorced” is perhaps the most frequently asked question about the divorce process (other than “how much is this going to cost?”). Of course, one can never say how long a case will take; however, the Texas Family Code provides that a court may not grant a divorce before the 60th day after the date the suit for divorce was filed (with some exceptions). 6. Standing Orders and TROs: “What’s going to stop my spouse from taking all of our money?” A common concern of parties to a divorce is the safeguarding of the marital estates during the divorce process. Many counties have standing orders enjoining parties from encumbering or expending marital assets. However, if a county does not have a standing order, it is advisable to
DALLAS MEMBERS
file an application for temporary restraining order to preserve and protect the parties and parties’ property. 7. Spousal Maintenance: “I’m not going to have to get a job now, am I?” It is common for spouses to inquire as to whether someone is going to be on-thehook for spousal support. Texas is one of the most difficult states to secure an award of spousal maintenance because a Texas court may order maintenance only if the spouse seeking maintenance will lack sufficient property to provide for the spouse’s minimum reasonable needs and meets the additional requirement(s) of Chapter 8 of the Texas Family Code. 8. Possession: “At least my spouse is not going to get the kids, right?” It is a common misconception amongst prospective litigants that one party is going to have possession of the children an overwhelming majority of the time. However, it is the public policy of Texas to assure that children have frequent and continuing contact with both parents, and the Texas Legislature has created statutory guidelines for possession, known as the standard posses-
sion order, which provide reasonable, minimum possession of a child. 9. Child Support: “If I have the kids half the time, do I have to pay support?” The primary consideration in awarding child support is the best interest of the child, so a party may still be required to pay child support, even if the part has equal possession. The Texas Family Code provides guidelines in awarding child support, but a court may stray from these guidelines, upon a proper showing. So when advising prospective clients, remember that equal possession does not equal a zero child support obligation. 10. Paternity: “What if the baby isn’t mine?” If your prospective client is questioning the paternity of a child, it is vital to know that, if he is the presumed father, in most cases, he must commence a suit to adjudicate parentage no later than the fourth anniver HN sary of the child’s date of birth. Kelly McClure is a partner and Chris Meuse is an associate at McClure Law Group, PC. They can be reached at kmcclure@mcclurelawgroup.com and cmeuse@mcclure-lawgroup.com, respectively.
Do You Want to Refresh Your Spanish? Spanish for Lawyers is the Answer! 8-Week Course Summer 2013 Classes begin in May All courses are a continuation of spring semester. For more information, contact Teddi Rivas at TRivas@dallasbar.org or (214) 220-7447.
Judge Ted Akin (214) 821-6370
Corbet Bryant, Jr. (214) 855-3008
jeff@judgeakin.com
cbryant@ccsb.com
Earl F. Hale, Jr. (214) 515-0199
Chris Nolland (214) 653-4360
efhale@earlhale.com
chris@nolland.com
Will Pryor (469) 374-0222
Mel Wolovits (214) 528-1411
wpryor@willpryor.com
mel@mediatenegotiate.com
Over 50 of Texas’ most respected mediators and arbitrators online at
www.TexasNeutrals.org
• Check Availabile Date Calendars Online • Send appt. requests directly to our
members’ offices - no admin or referral fees
• 3000+ mediations requested since 2011 by litigation attorneys & staff across Texas
The National Academy of Distinguished Neutrals is an invitation-only professional association of over 800 senior mediators & arbitrators. Visit our FREE National Directory at www.NADN.org
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
In the News
A pri l 2013
April
FROM THE DAIS
Casey Griffith, of Klemchuk Kubasta LLP, co-facilitated a discussion at the American Bar Association’s Intellectual Property Litigation Roundtable. Kirby Drake and Casey Griffith were key presenters during the 26th Annual Advanced Intellectual Property Law Course, which was co-sponsored by the Intellectual Property Law Section of the State Bar of Texas. Victor Vital, of Greenberg Traurig, LLP, a member of the Arts and Action Team of the Dallas Mayor’s Business/ Arts Initiative, spoke to the Dallas Cultural Affairs Commission. Michele Wong Krause, of The Wong Krause Law Firm, spoke at the Forum on Racial and Ethnic Diversity at the National Conference of Bar Presidents held during the American Bar Association’s Mid-Year Meeting in Dallas. Jennifer King, of Burford & Ryburn, L.L.P, spoke at the 20th Annual Advanced Medical Torts Conference in San Antonio.
KUDOS
George Chapman, of Thompson & Knight LLP, received a Texas Bar Foundation 2013 Award for Outstanding 50 Year Lawyers. Alan Feld, DBA Past President, of Akin, Gump, Strauss, Hauer & Feld, L.L.P., received a Texas Bar Foundation 2013 Award for Outstanding 50 Year Lawyers. Josiah Daniel, of Vinson & Elkins LLP, received a Texas Bar Foundation Outstanding Law Review Article Award.
Jason Villalba, of Haynes and Boone LLP, has been elected to The State House of Representatives District 114. Matthew Paradowski, of Walker Sewell LLP, has been named Partner. Brett Kutnick, of Hankinson LLP, has become Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization. Jeff Abrams, of Abrams Mediation & Arbitration, Inc., has been selected to join the National Academy of Distinguished Neutrals. Steven Bruneman, of Bruneman Law P.C., has published a book, “The Marriage Gamble.” He has relocated his office to 16633 N. Dallas Parkway, Suite 600, Addison, TX 75001. Jennifer S. Goldman, of the Law Offices of Jennifer S. Goldman, P.L.L.C., was certified as a Child Welfare Law Specialist by the National Association of Counsel for Children, accredited by the Texas Board of Legal Specialization. Kimberly Sims, of Palter Stokley Sims Wright PLLC, has been elected to the Fellows of the Texas Bar Foundation.
joined The Bassett Firm as Associates.
PC as Of Counsel.
David M. Olson joined FisherBroyles, LLP as Partner.
Eileen Costello joined McCurley Orsinger McCurley Nelson & Downing, L.L.P as Associate.
Slates Veazey has joined Bradley Arant Boult Cummings LLP’s Jackson, MS office.
Jason Katz joined Hiersche, Hayward, Drakeley & Urbach, P.C. as Senior Counsel.
Stephen N. Wakefield joined Buckner International as Vice President and General Counsel.
J. Ellen Bennett and J. Brian Thomas joined Burdette & Rice PLLC as Associate Attorneys.
Brooks Taylor and John Torkelson joined Carter Stafford PLLC as Senior Counsel.
Tatiana Alexander joined McGlinchey Stafford PLLC as Associate.
Jeffrey R. Erler joined Gruber Hurst Johansen Hail Shank LLP as Partner. R. Michael McCauley, Warren R. Westberg and Michael John Ramirez formed McCauley, Westberg & Ramirez, P.L.L.C. located at 5900 S. Lake Forest Dr. Suite 410, McKinney, TX 75070. Beverly S. Barragan joined Winstead
Lauren Beverly, Laura Brandt, Brent Turman and J. Jody Walker joined SettlePou as Associates. Michelle A. Mendez joined the firm of Conley, Rosenberg & Brenneise, LLP. News items regarding current members of the Dallas Bar Association are included in Headnotes as space permits. Please send your announcements to Judi Smalling at jsmalling@ dallasbar.org.
Thank You Mock Trial Judges!
William G. Whitehill, of Gardere Wynne Sewell LLP, has been appointed by Governor Rick Perry to serve as Justice of the Tenth Court of Appeals in Waco, Texas in case number 10-1300009, Hubert Warren v. McLennan County Judiciary, Rex D. Davis, Bill Vance, Tom Gray, et. al.
ON THE MOVE
Eric A. Laue and Brian A. Sheguit
Creekview High School, of Carrollton, won the State High School Mock Trial Championship. Dallas Bar Association members presided over and served as “jurors” for the final competition on March 9. From left to right are Angelina LaPenotiere, Lori Hayward, Jennifer Wang, James Young, Justice Lana Myers, Mary Scott, Michele Wong Krause, DBA President Sally Crawford, Laura Benitez-Geisler and Tom Goranson.
DVAP’s Finest Kelli Hinson
Kelli Hinson is a litigation partner and head of the Professional Liability Group at Carrington Coleman Sloman & Blumenthal, LLP, where she has worked since she graduated from SMU Dedman School of Law in 1995. Carrington Coleman strongly encourages its lawyers to participate in community service and pro bono activities, and through Kelli’s career she has done so, volunteering at the South Dallas Legal Clinic and accepting several DVAP family law and consumer law cases. Kelli believes that being active in pro bono is a win-win situation, especially for younger lawyers. DVAP volunteer attorneys get valuable client contact and courtroom experience while making a real difference to those in need in our community. Thank you for all you do, Kelli!
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
April 2 0 1 3
Dal l as Bar A ssoci ati on l Headnotes 19
Classifieds
April
EXPERT WITNESS
Killingsworth Aircraft Valuation Service LLC. Specializing in General Aviation. Fixed wing and Rotorcraft. Accredited by: American Society of Appraisers. Member of Forensic Expert Witness Association. www.kairvals.com, www.appraisers.org (281) 796-4812 Drug/Alcohol Expert - Pharmacy Professor; 33 years’ experience consulting, teaching, researching prescription, illegal, overthe-counter drugs, alcohol, drug testing. Trial and deposition experience specializing in drug-related domestic, civil, criminal cases. Reviews, summaries, depositions, discovery, trials. Allison Welder, Ph.D. (361) 542-5636; allisonannewelder@yahoo.com; www.welderconsulting.com.
OFFICE SPACE
North Dallas Tollway (Galleria area) office space. Hardwood floors and ornate mahogany paneled walls in common areas. Several offices available in different sizes, all with accompanying mahogany secretarial carrel. All have access to three conference rooms, copier, postage meter, high speed Internet, phones and two kitchens. Receptionist services also available. Please call Brittanie at (972) 934-4100. Lease or purchase condo offices in Preston Tower. Near Dallas North Tollway @ Northwest Highway. Shared amenities (kitchen, conference room, reception area, private bath). 10 minutes from courthouse. Call (214) 369-1171 or email herbhooks@aol.com. Free Rent/Class “A” Professional Office Space For Lease. Crown Plaza is a multitenant professional office complex with superior access to the entire Metroplex. Move in ready suites available. Spaces ranging from 691 Sq.Ft. up to 7,000 Sq.Ft. Monthly rents
DO THE MATH.
Scan ONE BOX of 2400 papers @ .05 per page = $120.00 Store ONE BOX for 43 YEARS = $120.00
Who wants to pay “up front” for 43 years? Tindall Record Storage is the most affordable solution for record storage and management. Our free state-of-the-art software puts inventory, archiving and retrieval at your fingertips. Serving the Metroplex Since1981.
Give us a call to learn more. www.
RECORD.com
Toll Free 866.429.2210
starting at $850/month. 1 month of free rent for each year of the lease (3yr min). Contact: Justin Smith (214) 207-7173 or jsmith@txreproperties.com. Uptown-Class A space across from Turtle Creek Village/Dallas. Offices on second floor/ covered parking on ground floor. Building gutted and completely renovated last year: new roof, elevator, walls, carpet, common restroom, break room at $21sqft gross lease. Email - bmjrwolf2002@yahoo.com. Space for Sublease. Space available in Campbell Center (Highway 75 and NW Highway) for 1 or 2 attorneys. Great views, beautifully decorated, receptionist furnished, and space available for assistant. Call Kelly Jaggers for an appointment to view the space – (214) 691-7781. Large furnished office space available within real estate law firm located at 4054 McKinney Avenue. Shared conference and break room, copier, fax, DSL & phone equipment are available if needed. No long term commitment and a monthly rate of $650.00. Call (214) 520-0600. Downtown Dallas Office available, located in the historic KATY Building directly across from the Dallas County Courthouses. Receptionist, phone system, conference room, Wi-Fi, fax and copier available for tenants use. No lease required. Please inquire at (214) 748-1948. Galleria Tower II Offices: 3 large, furnished window offices & several interior offices on 21st floor. Office has several conference rooms, kitchen/filing room, great views, free parking. $650-$1,100 month. Contact Glenn at (972) 716-3834. Prime 7th floor Downtown Office Space: Founders Square, 900 Jackson Street @ Griffin. 343 SF office available in office sharing arrangement with 7 established solo practitioners. $780/month, (telephone/fax/Internet and underground parking extra). Contact Ted Steinke at ts@tedsteinke.com or (214) 747-7148. North Central at Meadow Road – Thinking about leaving your law firm and looking for office space? Officing on your own and looking for new space? Consider officing with PlusAssociates LLP, a Multidisciplinary Professional Services Group of Firms. If your area of practice complements those that are currently provided at PlusAssociates LLP, this may be the perfect place for you. Our current firms provide the following services: Tax Planning, Tax Return Preparation and Asset Protection (Bruce E. Bernstien & Associates, P.C.), Business Law, Commercial Collections, Wills, Trusts and Probate (Law Office of James R. Alexander), IRS Controversies, Estate Planning and Business Law (Law Office of Stanton D. Goldberg), Financial Planning, Investments, Insurance, Estate Planning and Retirement Planning (Lora J. Hoff Financial Planning - CFP), International Trade and Sourcing (H Ethos, Inc. – Jie Hao), Hedge Fund Investment (Equity Momentum Management LLC – Barry Davidson), Real Estate Investments (Trendview Real
CHECK OUT
THE DBA ACTIVITIES CELEBRATING THE DALLAS ARTS DISTRICT THIS MONTH! www.dallasbar.org
Estate Services – Carl Cross), Commercial Litigation and Divorce Representation (Cole & Cole, P.C. – Robert R. Cole, Jr.), and Systems, Network, Technology Design, Engineering, Integration, Maintenance and Troubleshooting (Protocol Systems – Mike Armbruster). Several offices are available with conference rooms, kitchen, fax machine, copier, scanner, phone service, high-speed Internet service, email service, voicemail, free covered parking and Dart Station nearby. Meadow Park office building at Meadow Road and North Central Expressway. Join us and take advantage of being associated with a growing group of firms with many opportunities for referral of clients to your firm. Call (214) 706-0837. NorthPark Mall Area Office Space. Solo Personal Injury practitioner looking for courtroom-experienced attorney, specializing in something other than PI law, to share space. Two window offices available (furnished or not) at reasonable rates in great location near Walnut Hill and Central Expressway with underground, gated parking. Amenities include phone, FAX, copier, internet, conference room. Call Anne at (972) 755-0550.
POSITION AVAILABLE
The Law Offices of Frank L. Branson, P.C. seeks to laterally hire an associate whose background would meet the following criteria: top academic credentials and 10-15 years extensive personal injury trial experience on either, or preferably both, sides of the docket. Candidates with proven track record and strong client relations skills preferred. Send resume to flbranson@flbranson.com. Health Law Attorney Needed. Experience in healthcare regulatory and payment matters - Medicare, Medicaid, licensing, transactional or criminal law services to healthcare providers. We prefer a problem solver with a disciplined work ethic, excellent writing skills, good attitude who is self-motivated and will participate in marketing & seminar presentations. Please email resume to markskennedylaw@msn.com. Twelve attorney, Downtown-Dallas, AV rated, full-service law firm is looking for a Texas-licensed attorney with 4-6 years’ transactional experience. Expect a wide variety of real estate, business, financial, and corporate transactions. A capable attorney will work directly with clients and manage projects. Send resume to: Dallas Bar Association, Box 13–03A, 2101 Ross Avenue, Dallas, Texas 75201. Dallas law firm searching for an attorney with at least 5 years’ experience in Social Security. Bilingual is a plus, but not required. Salary Negotiable. Fax Resume to H.R. Dept. (214) 385-5833. Experienced Litigator Wanted - small three Associate firm that handles civil, criminal, immigration and family law is looking for an experienced litigator to join as an Associate on a split fee agreement in the areas of civil and family law. Spanish-speaking ability a plus. If you are looking to cut overhead or looking for work contact us by faxing resume to (214) 378-8890.
Goranson Bain is looking for exceptional associates with 3+ years of recent family law experience for both their Dallas and Plano offices. Competitive compensation with bonus structure, growth potential and family-type work environment. Qualified candidates please forward resume in confidence to dreeves@gbfamilylaw.com. Immediate opening for Assistant General Counsel with 2 to 4 years of litigation experience. Strong academic record (for example, graduation in top 25 percent of law school class) and strong communication, writing and research skills are required. Applicants should send their resume to: Dallas Bar Association, Box 13–04, 2101 Ross Avenue, Dallas, Texas 75201. Growing Nationwide Law Firm Looking to Expand Practice Areas. This is a Mid-Size Law Firm looking for a Corporate, Commercial Real Estate or Regulatory Attorney. Candidates should have at least 3-5 years of experience in specialized field of law. Excellent opportunity for growth. Please call (817) 657-9887 or e-mail danc@bcdalaw.com.
POSITION WANTED
AV rated and Board Certified Commercial Real Estate attorney in Dallas with 30+ years of experience with significant portable business in Commercial Litigation, Real Estate, Family Law, Estate Planning, Bankruptcy and Oil and Gas is seeking to join a small to medium size firm in the North Dallas. Please send emails to legalopportunity@yahoo.com.
SERVICES
Diamond and Gold Buyer. Buying all types of Diamonds, Immediate Cash Paid. Consignment terms available @ 10 -20% over CASH. For consultation and offers please call (214) 739-0089. Mexican Law Expert - Attorney, former law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues: FNC motions, Mexican claims/defenses, personal injury, moral damages, contract law, corporations. Co-author, leading treatise in field. J.D., Harvard Law. David Lopez, (210) 2229494. dlopez@pulmanlaw.com. Economic Damages Experts - Thomas Roney has more than twenty five years’ experience providing economic consulting services, expert reports and expert testimony in court, deposition and arbitration. His firm specializes in the calculation of economic damages in personal injury, wrongful death, employment, commercial litigation, IP, valuation and divorce matters. Mr. Roney and his experienced team of economic, accounting and finance experts can help you with a variety of litigation services. Thomas Roney LLC serves attorneys across Texas with offices in Dallas, Fort Worth and Houston. Contact Thomas Roney in Dallas/Fort Worth (214) 665-9458 or Houston (713) 513-7113. troney@thomasroneyllc.com. “We Count.”
Connect jobseekers with employers in the legal field. Run your ad in the DBA’s online Career Center. www.dallasbar.org/career-center.
20 H e a d n o t e s l D a l l a s B a r A s s o ciationâ€
A pri l 2013