May 2013 Headnotes

Dallas Bar Association

HEADNOTES May 2013 Volume 38 Number 5

Focus Appellate Law/Trial Skills

Judicial Investitures at Belo

Downton Att’y Hits the Greer Garson Theatre in June

by Kandice Bridges

The Judicial Investitures for Judge Phyllis Lister Brown, of the 162nd Civil District Court, (being sworn in by Hon. Sam Lindsay), Justice David Lewis (left) and Justice David Evans (right), both of the Fifth District Court of Appeals, shown with DBA President Sally Crawford, were held in April at the Belo Mansion.

Focus

Appellate Law/Trial Skills

It is Almost Never too Late to Re-Open the Evidence!

By Leland de la Garza

An English poet wrote: “It is never too late to be what you might have been.” This applies to trials.

Trial can be daunting. With so many things to worry about, it is not surprising that mistakes are made and evidence is not introduced. But rather than accept a possibly bad trial result and a very difficult discussion with the client, fix your mistake. It is almost never too late to introduce missing evidence.

T.R.C.P. Rule 270 states: “when it clearly appears to be necessary to the due administration of justice, the court may permit additional evidence to be offered at any time; provided that in a jury case no evidence on a controversial matter shall be received after the verdict of the jury.” The rule permits introduction of evidence after the evidence is closed.

And, in fact, the Texas Supreme Court in Texas Employers’ Insurance Ass’n v. Elder suggested that the latest such evidence could be admitted would be when the case is affirmed by an appellate court.

Whether to allow re-opening of the evidence is discretionary. Texas appellate courts have stated that, in the interest of justice, the trial court should

liberally exercise its discretion in the interest of permitting both sides to fully develop the case.

Texas appellate courts have held that the trial court should consider the following factors in exercising its discretion to re-open: (a) whether the party exercised diligence in obtaining the evidence, (b) the decisiveness of the evidence, (c) whether reception of the evidence will cause undue delay, and (d) whether granting the motion will cause an injustice.

Most appellate courts reviewing a trial court’s decision permitting re-opening have found no abuse of discretion.

Appellate courts are less likely to reverse a denial of a request to re-open when the proponent fails to show due diligence in obtaining the evidence. One court wrote that “the interests of justice do not warrant a second bite at the apple” when the proponent of the evidence failed to show diligence in coming forward with the evidence.

For example, in a jury trial, I proved up attorney’s fees by narrative testimony. My testimony provided all the necessary proof for an attorney’s fees

Kandice Bridges is an attorney turned freelance writer and is Chair of the Marketing Committee of the Bar None Production Company. She can be reached at kandicebridges@sbcglobal.net.

continued on Page 6

Inside 7

Join the cast and crew of Bar None June 12-15 as they present Downton Att’y. This is the 28th year for the Bar None variety show and it promises to be the best show yet. Watch Dallas area lawyers and judges sing, dance and make you laugh so hard your sides hurt.

As much as the cast and crew love performing and making people laugh, their real motivation is to support the Sarah T. Hughes Diversity Scholarship program.

The scholarship program was established in honor of U.S. District Judge Sarah T. Hughes, a former trustee of the Dallas Bar Foundation, who devoted herself to improving the rights of women and minorities. The Hughes Scholarship at the Dedman School of Law at SMU provides tuition and fees for deserving minority students each year.

The Dallas Bar Foundation takes its responsibility for finding deserving recipients seriously.

If you have ever met a Hughes Scholar, you know how impressive these students are. Support them

by coming to Bar None.

Thousands of volunteer hours go into putting on such a large production each year. The hours come from lawyers all over the metroplex including 28-year veteran Director Martha Hardwick Hofmeister and Producer Tom Mighell, as well as the choreographers, script writers, committee members, actors and numerous behind-the-scenes staff. All of these Bar Noners share a passion for making a difference in the lives of the Scholars, our legal community and, for a few hours, the audience members.

Show your support for the Dallas legal community and the Hughes Scholars by heading to the Greer Garson Theatre on the SMU Campus June 12-15.

To purchase tickets, visit www.barnoneshow.com. Or contact Elizabeth Philipp at (214) 220-7487 or ephilipp@dallasbar. org for sponsorship and ticket HN information.

Turning Pre-Trial Motions Into First Strike Weapons

11 The Jury’s Verdict Is In! Now What?

13 To Appeal or Not To Appeal: That Is the Ethical Question

HELP WEST, TEXAS! Give through the Red Cross.

To send a $10 donation to the Red Cross text ‘REDCROSS’ to 90999, log on to www.redcross.org or call 1-800-REDCROSS.

Donate blood through Carter Blood Care.

Log on to www.carterbloodcare.org to find a donation location near you.

Thank you for your generosity.

2 He a d n o t e s l D a l l a s B a r A s s o ciation

Calendar

May Events

MAY 10-NORTH DALLAS** Noon

Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.

FRIDAY CLINICS

“Multiple Representations in Litigation,” Kip Petroff. (Ethics 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.

MAY 17-BELO Noon

“Never Enough: One Lawyer’s True Story of How He Gambled His Career Away,” Michael Burke. (Ethics 1.00)* RSVP to sevans@dallasbar.org. Sponsored by the DBA Peer Assistance Committee and Caron Texas.

WEDNESDAY, MAY 1 Noon

Employee Benefits & Executive Compensation Law Section “A Discussion of Changes under the New EPCRS,” Sarah Fry. (MCLE 1.00)*

Solo & Small Firm Section “E-Discovery for Small Firms,” Kyle M. Moore and Terry Reeves. (MCLE 1.00)*

Lawyer Referral Service Committee

Mock Trial Committee

DAYL Judiciary Committee

5:30 p.m. Bankruptcy & Commercial Law Section

“How I Learned to Stop Worrying and Love the Means Test,” Richard Warren Anderson III, Albert Loftus, Brad Perdue and Richard James ‘Rich’ Reister. (MCLE 1.00)*

THURSDAY, MAY 2 Noon

Construction Law Section “Scheduling 101: The Basics,” George C. Baldwin.

(MCLE 1.00)*

Judiciary Committee “Sanctions and Bad Behavior: What Are the Causes and What Can We Do About It?” Jim Grau, Judge Kenneth Molberg, Sarah Rogers and Judge Craig Smith. (Ethics 1.00)*

DAYL Attorneys Serving the Troops Committee

6:00 p.m. DAYL Board of Directors Meeting

WEDNESDAY, MAY 8

7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group 11:30 a.m. House Committee Walk Through Noon

Family Law Section “Preparing for Your Retirement From Practice: Good to Know at Any Age,” Christy Adamcik Gammill. (MCLE 1.00)*

DAYL Elder Law Committee

Business Litigation Section “Five Trends to Watch in Federal Business Litigation,” David Coale. (MCLE 1.00)*

Government Law Section “Employment Law Lessons From the Private Sector,” Mile Coles. (MCLE 1.00)*

Mergers & Acquisitions Law Section Topic Not Yet Available

Entertainment Committee

Dallas Bar Foundation Board Meeting

DAYL Lawyers Promoting Diversity Committee

5:00 p.m. Dallas Women Lawyers Association

Speaker: Best-selling author Leslie Morgan Steiner.

More information at dallaswomenlawyers.org.

WEDNESDAY, MAY 22 Noon

Sports & Entertainment Law Section Topic Not Yet Available

DVAP New Lawyers Luncheon. Contact reedbrownc@lanwt.org for more information.

THURSDAY, MAY 23

Community Service Fund Board Meeting

5:30 p.m. Annual Senior Lawyers’ Appreciation Dinner

Keynote speaker Talmage Boston; tickets $40, tables $400. Contact Kathryn at kzack@dallasbar. org or (214) 220-7450.

THURSDAY, MAY 9 Noon

Trial Skills Section/Trial Academy “Evidence: What You Need to Know,” Prof. Fred Moss. (MCLE 2.50)*

Dallas Asian American Bar Association

3:00 p.m. DVAP CLE

“Wills & Estate Planning Documents: Landlord/ Tenant Law Primer for the Volunteer Attorney,” David Jackson Wilborn II and Maryann D’Aniello.

(MCLE 2.00, Ethics 0.25)* At Two Lincoln Center (5420 LJB Frwy, Ste. 240).

5:00 p.m. Annual Evening Ethics Fest

Registration deadline: May 6, 5:00 p.m. Pricing: $65 DBA members/$135 non-member.

Register online at www.dallasbar.org or contact ahernandez@dallasbar.org. (Ethics 3.00)*

Noon

Energy Law Section “Continuous Development Provisions: Key Terms and the Issues that Can Arise in Their Application?” Scott Lansdown. (MCLE 1.00)*

Health Law Section “HITECH and the Omnibus Rule: The Current State of HIPAA,” Jeff Drummond. (MCLE 1.0)*

Pro Bono Activities Committee

DAYL Young In-House Counsel Committee

Non-Profit Law Study Group

Noon

Friday Clinic-North Dallas** “Multiple Representations in Litigation,” Kip Petroff.

(Ethics 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 “Cooperative Trial Advocacy: An Alternative to Arbitration,” Steve Sussman. (MCLE 1.00)*

Noon

Intellectual Property Law Section “Trade-offs in Disputing Patent Validity: Evidence, Estoppel and Entitlement in the Courts vs. at the Patent Office,” Speakers TBD. (MCLE 1.00)*

Offices closed in observance of Memorial Day

5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.

THURSDAY, MAY 16 Noon

Appellate Law Section “600 Commerce: Developments at the Dallas Court of Appeals,” Richard Smith. (MCLE 1.00)*

Minority Participation Committee

Christian Legal Society

Dallas Gay & Lesbian Bar Association

TUESDAY, MAY 28 Noon

Probate, Trust & Estate Law Section “Texas Case Law Update,” Prof. Gerry Beyer.

(MCLE 1.00)*

Courthouse Committee

DAYL Aid to the Homeless Committee

American Immigration Lawyers Association

1:00 p.m. DVAP Guardianship Ad Litem Certification Course.

(MCLE 3.00)* For more information, contact perkinsa@lanwt.org or reed-brownc@lanwt.org.

Register online at www.dallasbar.org.

DAYL Animal Welfare Committee

FRIDAY, MAY 17 Noon

FRIDAY, MAY 24

MONDAY, MAY 27

3:30 p.m. DAYL Swearing-In Ceremony

FRIDAY, MAY 10

TUESDAY, MAY 7

Morris Harrell Professionalism Committee

Summer Law Intern Program Committee

Noon

Christian Lawyers Fellowship

TUESDAY, MAY 14

5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.

Tort & Insurance Practice Section “Texas Supreme Court Update,” Justice Debra Lehrmann. (MCLE 1.00)*

Speakers Committee

DAYL Lunch & Learn CLE. For more information, contact cherieh@dayl.com.

St. Thomas More Society

Corporate Counsel Section “Updates on the FCPA and OFAC Sanction Programs,” Wes Loegering. (Ethics 1.00)*

Community Involvement Committee

Environmental Law Section “Making Your Case – Trends in Litigation Support in Environmental Cases,” Bryan Foster, Josh Lieberman, Elizabeth Robinson and Mary Jane Schirber. (MCLE 1.00)*

DAYL Freedom Run Committee

Noon

Peer Assistance Committee

Real Property Law Section “Residential Mortgage-Backed Securities 2.0,” Chris Christensen. (MCLE 1.00)*

WEDNESDAY, MAY 15

Publications Committee

Public Forum Committee

Tax Law Section “Annual Federal Tax Update,” Prof. Ira Shepard.

(MCLE 1.00)*

International Law Section “The Top 10 Things Every International Lawyer Needs to Know about Cross-Border Employment,” Jordan Cowman. (MCLE 1.00)*

CLE Committee

MONDAY, MAY 6

Criminal Law Section Topic Not Yet Available

11:45 a.m. Annual Law Day Luncheon

Keynote speaker: Hon. Jane J. Boyle. To purchase tickets, visit www.dallasbar.org, or contact mjohnson@dallasbar.org.

Alternative Dispute Resolution Section “Update on UNT Dallas College of Law and the Role of ADR in our Curriculum,” Ellen S. Pryor.

(MCLE 1.00)*

Noon

Admissions & Membership Committee

FRIDAY, MAY 3

Noon

6:00 p.m. Home Project Committee

6:00 p.m. J.L. Turner Legal Association Meeting

Danielle Haugland. (MCLE 3.00)*

Bench Bar Conference Committee

Family Law Section Board Meeting

1:30 p.m. DBA Golf Tournament at Brookhaven Country Club, Dallas, TX

MONDAY, MAY 13

Noon

May 2013

3:30 p.m.

Friday Clinic-Belo “Never Enough: One Lawyer’s True Story of How He Gambled His Career Away,” Michael Burke.

(Ethics 1.00)* RSVP to sevans@dallasbar.org.

Sponsored by the DBA Peer Assistance Committee and Caron Texas.

MONDAY, MAY 20

Judicial Investiture for Associate Judge Monica Purdy.

6:00 p.m. Dallas Hispanic Bar Association

WENDESDAY, MAY 29

11:30 a.m. Dallas Hispanic Foundation Luncheon Noon

Juvenile Justice Committee

Noon

Labor & Employment Law Section “Recent Developments in Workplace Religious Accommodation,” Tamara Raquel Jones. (MCLE 1.00)*

DAYL Equal Access to Justice Committee

Municipal Justice Bar Association

Securities Section “Working With Auditors During Internal Investigations,” Seth Fisher and Todd Ranta.

(MCLE 1.00)*

Noon

Collaborative Law Section Topic Not Yet Available

DAYL CLE. For more information contact cherieh@dayl.com.

Criminal Justice Committee

Senior Lawyer Committee

TUESDAY, MAY 21 Noon

THURSDAY, MAY 30

2:00 p.m. Law Student Professionalism Program. RSVP to mjohnson@dallasbar.org.

Antitrust & Trade Regulation Section “Class Action and Arbitration Seminar and Reception,” Frank Carroll, Daniel Gold and

FRIDAY, MAY 31 Noon

Transition to Law Practice CLE. (MCLE 1.00)*

DAYL CLE Committee

All members are invited to:

“Civics Education Within the Middle Schools”

A special CLE event with speaker Former Justice Sandra Day O’Connor June 12, 2013 | 5:30 p.m. | Belo Mansion Sponsored by the DBA Tort & Insurance Practice Section

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.

M ay 2 0 1 3

Focus

D al l as Bar A ssoci ati on l Headnotes 3

Appellate Law/Trial Skills

Tips for Making Deposition Testimony Look as Good as it Sounds

by Christy L. Wollin

Recently, an appellate court disregarded crucial deposition testimony that, if considered, would have required reversal of a noevidence summary judgment. Although the witness testified that the defendant committed the exact act at issue, the court refused to give any weight to it because the witness referred to the defendant simply as “he” and the surrounding testimony the court of appeals concluded that it was insufficient to demonstrate exactly who “he” was.

As an appellate attorney who often assists trial attorneys with summary judgment proceedings, I frequently read and have to cite to deposition testimony in briefing. Below are a few of the most common issues, as well as some simple suggestions on how to avoid them.

1. The Pervasive Problem of Personal Pronouns (and Other Vague References) As demonstrated above, pronouns can prove problematic when attempting to cite deposition testimony, but the “‘he’ who” issue is not limited to pronouns. Similar problems can arise when multiple parties with similar names are involved in litigation. Witnesses testify using the names that are familiar to them: “John was drunk that night.” The witness, the attorneys, the parties, and everyone present at the deposition may know that “John” is John Sr., because John Jr. always goes by “Johnny,” but the

reader does not. Unless these references are given context, crucial testimony could be useless.

This problem is easily solved with a clarifying question immediately following the testimony. Even when the reference is explained elsewhere in the deposition testimony, it is still a good idea to ask a clarifying question. That way, the reference and the explanation are contained in one, easilycitable quote: A. John was visibly drunk that night.

Q. And by “John,” do you mean John Jr. or Sr.?

A. Senior.

2. Working with Exhibits After a witness identifies a deposition exhibit, avoid referring to it thereafter only by number. Rather, ask the witness to reidentify the exhibit every time he delivers critical testimony. Similarly, instead of allowing the deponent to testify generally about the contents of an exhibit, have the deponent read the relevant portions of the exhibit into the record, and then identify the exhibit by document title and number. These practices reduce the need for the reader to stop and find the exhibit, thereby keeping the reader’s focus exactly where it should be—on your argument.

Also, when preparing deposition excerpts, be sure to include the portion of the testimony where the witness authenticates exhibits, especially when faced with

potential evidentiary deadlines, like summary judgment proceedings. That way, if the other side lodges any evidentiary objections, the evidence needed to support admissibility is already in the record.

3. Always Support Opinions and Legal Conclusions with Factual Testimony The key to admissible opinion or legal conclusion testimony is factual support.

A simple statement like “I had a contract with Mrs. Jones” is not evidence by itself, because it is a legal conclusion (requiring an understanding of the legal requirements for formation of contract). To avoid these problems, every time a deponent expresses an opinion or conclusion, immediately ask about the factual basis: A. I had a contract with Mrs. Jones.

Q. Why do you believe you had a contract?

A. Because we agreed that she would sell me the car for $10,000 in cash.

The same is true for expert testimony.

In order to elicit expert testimony sufficient to serve as evidence of a legal concept, like gross negligence, the deposer must ensure

that the testimony reflects the applicable standard and factual elements supporting that standard: Q. The law says that someone is grossly negligent if [EXPLAIN STANDARD]. Is it your expert opinion the XYZ Restaurant was grossly negligent?

A. Yes it is.

Q. Please explain what XYZ did to cause you to form that opinion.

A. XYZ failed to . . .

These suggestions may seem overly simplistic, but they are also often overlooked.

It is common for even very skilled attorney to guide a deposition witness toward perfect testimony, only to unwittingly stop just short of the goal. By making these suggested practices a habit, a trial attorney will find that his or her deposition quotations are strong and the testimony transfers smoothly into briefing without an abundance of contextual citations. Your appel HN late attorney will thank you.

Christy L. Wollin is an attorney at Kelly, Durham & Pittard L.L.P. She can be reached at cwollin@texasappeals.com.

You are invited to: The Dallas Hispanic Law Foundation’s Amanecer Luncheon May 29, 2013 | 11:30 a.m. | Belo Mansion For more information, visit www.dallashispaniclawfoundation.com.

Estate, Trust and Guardianship Litigation

evolution

noun - the gradual directional change especially one leading to a more advanced or complex form; growth; development.

Since 1999, Don Ford and Ford+Mathiason LLP have served clients throughout Texas with complex estate, trust, and guardianship litigation needs. More recently, those cases have involved significant commercial and oil & gas issues, requiring expertise in those areas. As the needs of our clients have evolved, the firm has called on the extensive expertise of Mr. Ford’s long-time colleague Richard F. Bergner in addressing commercial and oil & gas issues.

Although our focus remains on estate, trust, and guardianship litigation cases, we appreciate the changing needs of our clients and the ability to offer them more comprehensive services. As a

Ford+Bergner LLP

result, we are pleased to announce the firm’s new strategic partnership with Richard F. Bergner and the re-naming of the firm to Ford+Bergner LLP. Don D. Ford III | Managing Partner Board Certified in Estate Planning and Probate

5151 San Felipe • Suite 1950 Houston, TX 77056 T: 713.260.3926 • F: 713.260.3903

Richard F. Bergner | Partner

901 Main St. • Suite 6300 Dallas, TX 75202 T: 214.389.0887 • F: 214.389.0888

Ford Bergner LLP

Ford+Bergner LLP

www.fordbergner.com Ford+Bergner Headnotes Ad.indd 1

1/9/13 4:00 PM

4 He a d n o t e s l D a l l a s B a r A s s o ciation

May 2013

Headnotes

President's Column

Bar None and Then Some By sally crawford

If you have never been to a Bar None show, you have missed a lot of great entertainment. If you have never even heard of Bar None, let me tell you about it. The Bar None show is an annual musical variety show that is created, produced and performed by local lawyers, judges and legal support staff. The show consists of songs, skits and dance numbers written, choreographed and performed by the cast and crew. It features topical humor that pokes fun at the legal profession, current events and life in general. It is hilarious!

Since the inception of Bar None, Martha Hardwick Hofmeister has been the director of the production and Rhonda Hunter has been the principal choreographer. But Martha and Rhonda have had lots and lots of help. This year the DBA Bar None Production Committee is co-chaired by Martha, Rhonda, Tom Mighell, Matthew Anderson, Tena Callahan (Judge of the 302nd District Court), Kent Hofmeister, John Horany and Michele Wong Krause. Each of these co-chairs/assistant directors have performed in the show for many years and regularly play other major roles in the production.

Over the years many notable names have appeared in Bar None. For example, the Honorable Jerry Buchmeyer was a Bar None regular and the Honorable Barefoot Sanders and Mayor Ron Kirk made cameo appearances. Bob Jordan, who later became U.S. Ambassador to Saudi Arabia, was in the show for many years. In addition, other judges (some of whom are no longer on the bench) are regulars or have appeared in the show, including Tena Callahan, D’Metria Benson, Ron Chapman, David Indorf, Nikki DeShazo, Craig Enoch, Marty Lowy, Jim Martin, Sheryl McFarlin, Henry Politz and Staci Williams. I hope I did not overlook any of the judiciary who have been in the show. Christina Melton Crain, DBA past president, is a regular standout member of the Bar None cast (oh what a voice she has!) and most years the current DBA president makes at least a cameo appearance in the show. Everyone from judges, mediators, arbitrators, in-house counsel, legal aid lawyers, big and small firm lawyers and legal support staff join in the fun of Bar None.

You just have to see the show to appreciate how talented and funny this group of professionals really is. Bob Miller of the Dallas Morning News wrote, “who says anyone versed in the law has no sense of humor? If that’s your opinion . . . obviously you have never seen any of the Dallas Bar Association’s annual Bar None performances.” I have to agree with Mr. Miller.

But there is also a serious side to Bar None. In 1986, when Bar None performed its first show, the organizers decided that all proceeds of the show would be used to benefit the Sarah T. Hughes Diversity Scholarship program at the Southern Methodist University School of Law. Since that time, Bar None has raised over $1.5 million for these scholarships.

The Dallas Bar Foundation established the Sarah T. Hughes Diversity Scholarship program in 1981 to attract exceptional minority law students to SMU. Many of the students have been the first in their families to graduate from college, let alone law school. One of the criteria for these scholarships is that the students must plan to practice law in Dallas. The scholarship program, designed to create a cycle of successful minority lawyers to serve the Dallas community, has done just that. Among the almost 50 Hughes Scholars have been a law school valedictorian, a Dallas city councilman, a criminal court judge, assistant U.S. district attorneys, and attorneys with major law firms. The scholars have served local and state bar associations, non-profit organizations (including Legal Aid of NorthWest Texas) and many other community organizations. One of the Hughes Scholars has been reported to have commented, “this scholarship is a source of empowerment because it places responsibility in the hands of those who have been traditionally underrepresented in the legal community.” Judge Hughes would no doubt be very proud of all of the Hughes Scholars.

Sarah Tilghman Hughes was appointed to the federal bench in the Northern District of Texas in 1961 by President John F. Kennedy and, ironically, in 1963 she administered the oath of office to Lyndon B. Johnson after the assassination of President Kennedy.

She is the only woman in U.S. history to swear in a U.S. President.

The diversity scholarship program was named after Judge Hughes for her exceptional contribution to the legal profession and especially for her efforts to increase minority involvement in the profession.

Today we are continuously reminded about the importance of diversity in the workplace. But we forget about the leaders in the Dallas Bar, like Judge Hughes and others, who have championed this cause for decades. Countless hours go into the Bar None production each year. And while it is a lot of hard work, it is a labor of love for a good cause. Kudos to the cast and crew of Bar None and the DBA and DBF for supporting and promoting diversity in the profession.

This year Bar None XXVIII will present Downton Att’y at the Greer Garson Theater on the SMU campus. The show will run from Wednesday, June 12 through Saturday, June 15. Show times and ticket prices can be found on the DBA website and at www. barnoneshow.com. You can purchase tickets for yourself, your family, your colleagues and friends at the Bar None website. Don’t forget to invite your summer associates to the show—they may just be the future stars of Bar None. I hope all of you will consider coming to the show. I guarantee that you will have a good time. If you cannot make it to the show (and even if you can), I hope you will consider making a contribution to the Dallas Bar Foundation for the benefit of Bar None.

Let’s make this a record breaking year for Bar None and the Sarah T. Hughes Diversity Scholarship program. I will see you at the HN show!

Annual Evening Ethics Fest Thursday, May 9, at the Belo Mansion

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!

Check-In and Dinner begins at 4:45 p.m.

Program begins at 5:30 p.m. (3.00 Ethics) DBA members: $65 early registration | $95 late registration Non-members: $135 early registration | $155 late registration To register, log on to www.dallasbar.org.

For more information contact Alicia Hernandez at (214) 220-7499 or ahernandez@dallasbar.org.

Sponsored by the DBA Legal Ethics Committee

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!

For more information, please contact asmith@dallasbar.org or visit www.dallasbar.org/summerlawinternprogram.

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, Carmen Perales, 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.

M ay 2 0 1 3

Focus

D al l as Bar A ssoci ati on l Headnotes 5

Appellate Law/Trial Skills

Writing for 21st Century Judges

by Jadd F. Masso

Good writing is closely tailored to its audience and medium. Modern judges must analyze voluminous filings quickly and often in a digital format. Yet many litigators do not let these considerations guide them when writing motions and briefs. We burden busy judges with archaic style and legalese, lengthy and disorganized text, and academicstyle footnotes. Is this really the way to convince a judge to take our side?

I recently surveyed a number of local judges about what they love and hate about the writing they see in their courts. I also queried them about how they analyze filings to see how we, as lawyers, can better present information and argument to them. In the feedback I received, two themes came up repeatedly: Most of us write way too much.

Case files are electronic. We can help our judges (and ourselves) by making the best of the new medium rather than ignoring it.

Writing for Busy Judges

The #1 tip from trial and appellate judges alike? Be concise. According to one trial judge, most lawyers “just have too much text” in their documents. If an argument can be made in a sentence instead of a paragraph,

why waste the judge’s time with more? Writing too much can also bury your best point, making it less likely the judge will see it.

In addition to brevity, judges also suggested the following: • State in the first sentence of a motion the relief you are requesting and why.

• In lengthy documents (more than 10 pages), start with a summary of the argument to give a roadmap of what lies ahead. A carefully drafted table of contents can do this, too.

• Use headings. Break up the text and “signpost” your argument frequently.

• At the end of a motion, state again the exact relief requested. And make sure your argument supports it.

• Write in plain English. Eliminate legalese and unnecessary archaic phrases.

• Judges know the standard for summary judgment and other common legal standards.

Before reciting black-letter law, consider its necessity. Do not give the judge a reason to skip portions of your document.

• Do not use footnotes for any text you want the judge to read.  Give thought to what you do with exhibits:  Incorporate important text, pictures, or diagrams into the main document. Use this sparingly, for information the judge must see.

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 Attach only relevant excerpts of documents. Use highlighting (especially on cases and transcripts) to show the judge where to look. Attaching voluminous evidence without directing the court to relevant portions will not preserve error for appeal.  For paper courtesy copies, use tabs to help the judge find your exhibits. Again, use highlighting to direct the judge’s attention.

Making the Most of Electronic Documents

Electronic filing in Texas courts will soon become mandatory. In Dallas County and many other jurisdictions, paper files no longer exist. Courts only receive PDFs of filings, regardless of how you file the original document.

Many judges report reading more filings on computer screens and less on paper.

Even judges who prefer paper acknowledge they will likely review more documents “on screen” in the future.

The switch to electronic documents, though not painless, presents opportunities for litigators to improve the way we present arguments in writing. Here are a few ways to put your best foot forward: File everything electronically. Paper filings are scanned and thrown away; courts

receive only a PDF of your document.

Scanned text can be blurry and difficult to read. In Dallas County, documents scanned by the clerk go to the courts as single-page PDFs, making review even more tedious. Filing electronically gets the judge the best possible version of your document.

Do not file scanned documents unless you must. “Native” PDFs are clearer than scanned documents and are text-searchable.

Use bookmarks to help the judge navigate within lengthy documents. Many appellate jurists consider bookmarks mandatory.

Trial judges are learning to love them too.

Use hyperlinks to attached exhibits or cases. Judges want to look at the evidence to make sure it actually supports the propositions in the motion. Make it easy with a hyperlink that takes them directly to the page you cite.

Avoid footnotes. (See above.)

As advocates, it is our job to provide the judge the information he or she needs to decide an issue in our favor. The easier we can make that information to digest, the more likely our success. As courts evolve to meet the time and technological demands put on them, HN so must we evolve with them.

Jadd F. Masso is partner at Strasburger & Price, LLP. He can be contacted at jadd.masso@strasburger.com.

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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

May 2013

Judicial Profile: Magistrate Judge Renee Harris Toliver

by Vincent J. Allen

Magistrate Judge Renee Harris Toliver made history when she became the first African-American to sit on the federal magistrate bench in the Northern District of Texas. But she is quick to brush off the significance of her selection, saying that there were many more that went before her who paved the way for her to get to where she is today.

Judge Toliver and her three younger brothers grew up in economically depressed areas of Fort Worth. She recalls her mother having difficulty making ends meet. At the tender age of 10, Judge Toliver’s family was very excited that her mother landed a job at the GM plant in Arlington. But no sooner had she started than the workers went on strike, leaving her without a job or pay during the strike. Judge Toliver recalls, with tears in her eyes, how her family was homeless for a time, with each sibling going to live with friends until they could get back on their feet.

Although she grew up poor, she did have the benefit of a strong mother and grandmother who both impressed upon her the importance of education. There was never any question that she would go to college.

Her grandmother taught third grade, and Judge Toliver fondly recalls the times when she would sit in on her grandmother’s class.

She also took piano lessons and attended children’s theatre productions—at her grandmother’s insistence.

Judge Toliver knew that she wanted to

be a lawyer after becoming a fan of Perry the 500 first-year law students were AfricanMason. She excelled in high school and American—the highest percentage of Afrieven attended community college the sum- can-Americans to date—according to Judge mer between her junior and senior year. She Toliver.

After graduating from law school, Judge wanted to go to UCLA to get away from Toliver’s first job was with the home, but her mother did not Texas Department of Human like the idea of her leaving Services in Arlington where Texas for California. However, she worked as a child welfare her grandmother took her on attorney. For her first trial, she a trip to visit Howard Univerwas deputized as an Assistant sity in Washington, D.C. After Cooke County Attorney to visiting, Judge Toliver knew try a termination of parental that if she applied and was rights case. accepted, her mom would let Because of her childhood her go because of Howard’s hisfascination with Perry Mason, tory of turning out noteworthy it was natural that Judge ToliAfrican-American graduates. ver wanted to practice criminal Not only did she get in, but law. So she took an opening in she was awarded a four-year full Magistrate Judge Renee the civil section of the Tarrant ride scholarship. Most people Harris Toliver County DA’s office where she would take advantage of the full four years in that situation, but not Judge remained for about three years. At that time, Toliver. She went to Howard at the age of 17 she made a move to the criminal side, startand finished at 20. She majored in broadcast ing in misdemeanors. She worked her way up journalism and wrote for the sports section and became known as the “Murder Queen” of a local newspaper. She considered this her in 1993 when she tried 15 murder trials— most were cases that nobody else wanted. In “fall back” if law school did not work out.

There was no falling back, but it was 1995, she went to the U.S. attorney’s office “time to be serious,” she said. Judge Toliver in Fort Worth where she was assigned to the started law school at the University of Texas Organized Crime Drug Enforcement Task in 1981. Although she had a partial schol- Force. Seven years later she moved to the arship, she worked for a film developing appellate section where she remained until company to put herself through law school. she became a magistrate judge for the NorthAt the time she was attending law school, ern District of Texas in 2010.

Judge Toliver’s biggest surprise upon takthere was a very public controversy over the admissions policy of the law school with ing the bench was the percentage of civil respect to affirmative action. Only 39 out of matters verses criminal matters—nearly 85

percent were civil. While her prior experience was in the criminal arena for the most part, her seven years writing briefs for appeals honed her writing and analytical skills, making the transition to the magistrate bench seamless.

As to practice pointers, Judge Toliver says that attorneys often fail to fully confer on motions before filing them. “The relationship gets to be so contentious that the conference is not a meaningful one.”

She encourages the members of the bar to “always be respectful of the other side.” She also encourages citations to binding law and counsels against the use of string citations, one of her biggest pet peeves. Overall, she is impressed with the exceptional attorneys that are part of the Dallas Bar Association.

“They make me better,” she said.

Judge Toliver is active in the Dallas Bar Association and prefers to spend her spare time on activities designed to help mentor school children. She has twin boys, who are now sixth graders, and is actively involved in their school and extracurricular activities.

Judge Toliver is a perfect example of the importance of having good mentors. If she had not had the support and encouragement of her mother and grandmother, she probably would not be where she is today. She is carrying on that tradition by mentoring children other than her own and encourages you HN to do the same.

Vincent J. Allen is a partner at Carstens & Cahoon, LLP and is immediate past Co-Chair of the Publications Committee. He can be reached at allen@cclaw.com.

It is Almost Never too Late to Re-Open the Evidence! continued from page 1

award but, through oversight, and even though I marked my fee statements as an exhibit and fully discussed them, I did not

offer the exhibit. This omission came to light after the jury was sequestered and had begun deliberating.

My initial reaction was to do nothing because I did not want to put a spotlight

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on the omission—although I told the client right away and he politely told me it was my call. Feeling confident in my presentation, I “let it ride.” That all changed when the jury sent out a note asking for the fee exhibits of both sides. My confidence faded. Then I remembered from my preparations for my civil trial law board certification exam the right to re-open.

So, I promptly moved to re-open. The next morning, after briefing, the trial judge granted the motion. The jury was brought back into the courtroom and I offered the exhibit. It was admitted and the jury was returned to the jury room to resume deliberations. Two hours later, my client had a verdict for over one million in damages and all of my attorney’s fees.

The right to re-open is not unique to the state courts. While there is no rule permitting re-opening in federal court, federal trial and appellate courts have recognized the

right and applied standards similar to those used in state courts.

One final tip relates to judicial notice.

Rule 201 of both the Texas and Federal Rules of Evidence permits judicial notice to be taken “at any stage of the proceeding.”

When you need to introduce essential evidence and you cannot re-open, Rule 201 may provide you a way to bridge the gap of missing evidence. That a judge may take judicial notice of a fact after the evidence is closed may seem surprising, but the argument works. Further, unlike the discretionary decision on a motion to re-open, Rule 201 mandates the taking of judicial notice when a court is supplied with the necessary information.

It is almost never too late to fix a mis HN take.

Leland de la Garza is a partner of Shackelford, Melton & McKinley, LLP. He can be reached at ldelagarza@shacklaw.net.

May 2 0 1 3

Focus

D al l as Bar A ssoci ati on l Headnotes 7

Appellate Law/Trial Skills

Turning Pre-Trial Motions Into First Strike Weapons

by John Spillane

For trial attorneys, a motion in limine is a standard pre-trial volley, traditionally used to prevent a jury from being exposed to potentially prejudicial information before a ruling can be obtained from the court. For many attorneys, however, these motions are viewed as a bothersome annoyance, pushed to the periphery of pre-trial preparation, or rolled out as a pro forma set of motions that fail to zero in on any of the critical evidentiary issues on which a case will inevitably rise or fall.

Too often neglected, or simply overlooked, motions in limine can actually be an important part of trial preparation if leveraged to their full advantage. Used strategically, they offer an early opportunity to educate a judge on critical issues, and set the stage for a successful verdict.

Here are a few effective ways to leverage these pre-trial motions: Frame your argument. Often, cases turn on complex scientific or medical issues, and carefully constructed motions in limine have proven to be an extremely effective way to familiarize the judge with those issues or get the judge to examine an opponent’s views on an issue with a critical eye, even before the trial begins.

Even in less complex cases, a trial may hinge on expert testimony. If you think there is a problem with the other side’s expert, a motion in limine can be used to start educating the judge on the science from your point of view. Sometimes, it does not matter whether the judge rules in your favor, as long as you have planted a seed about a potential problem early on.

Strike your opponent’s expert witness.

Once discovery is closed, these motions provide a framework for determining the

soundness and admissibility as well as the factual foundation and conclusions of an opponent’s experts and their scientific theories. Often, they are an effective way to limit the other side’s experts before the case starts–whether it is because their opinions have no factual foundation or their potential testimony is not based on sound science.

Force a settlement. Frequently, the value of a case hinges on a finite number of facts or evidentiary issues, and how the Court will deal with those facts or issues at trial can be determinative. Do not wait until you are halfway through the trial and the issue comes up to find out what the judge is going to do. Bring those issues to the judge’s attention in a pre-trial motion in limine and get a preliminary ruling.

Those facts come in, or those facts do not come in. That science comes in, or that science does not come in. Having a roadmap for how a judge is likely to rule can help focus the issues that may be preventing a resolution of your case, and neither you nor your client will have incurred the expense or uncertainty of days or even weeks of trial before the issues crystallize.

Fight back. Responding to an opponent’s pre-trial motions is also critical. If the other side has filed a motion to prevent you from presenting certain facts during trial, be aware of what that could mean to your case. Think of it as the old goose/gander rule; if you’re not allowed to talk about something, then neither can they. Rather than be put on the defensive, if a judge grants a motion against you, turn it around and make it apply to your opponent as well.

As traditionally defined by Texas Courts, the purpose of the motion in limine is to prevent a jury from being exposed to potentially prejudicial information before

a ruling on admissibility can be obtained.

But there is no rule that says you cannot use a motion in limine for another purpose.

So, stop letting yourself get boxed in to the traditional view that these motions are not important and they are just something that you crank out with boilerplate language. Instead, think of motions in limine as an important part of trial preparation and overall strategy.

Typically viewed as a shield to protect your client from prejudicial testimony, they can also be used as a powerful sword to start framing your issue with a judge, educating an opponent, and increasing the likelihood of settling a case before the HN trial even begins.

John Spillane is an attorney for Nemeroff Law Firm. He can be reached at johnspillane@nemerofflaw.com.

Mike Baggett Receives Fellows Award

In March, the Dallas Bar Foundation presented DBA Past President Mike Baggett, of Winstead PC, with the Fellows Award. Tim Mountz, left, DBF Chair, presented the award to Mr. Baggett.

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8 He a d n o t e s l D a l l a s B a r A s s o ciation

May 2013

The On-Call Lawyer For Doctors

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The 2013 Texas Legal Malpractice & Lawyer Discipline is a practical and easy-to-use book that walks attorneys though the minefield of modern lawyering. It includes major developments over the past year, with explanatory commentary, practice tips, and helpful charts. Topics addressed: • New section on the statute of limitations with regards to the Texas Rules of Disciplinary Procedure.

• New opinions from the Texas Supreme Court’s Professional Ethics Committee.

• Over 50 new cases added to this year’s edition.

• Other highlights include an addition to the Communication Section with the USSC case, Missouri v. Frye, 132 S.Ct. 1399 (2012).

• Discussion of new cases concerning the civil and criminal barratry statutes.

• Expanded coverage of the attorney-immunity doctrine.

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Focus

D al l as Bar A ssoci ati on l Headnotes 9

Appellate Law/Trial Skills

Top 10 Traps for the Unwary Trial Lawyer

by Jeremy Martin and Rebecca Tillery

The best trial lawyers understand what they need to do to get a judgment that will either withstand—or crumble under—appellate scrutiny, depending on which result favors their client.

Generally a civil judgment will only be reversed on appeal if the appealing party can prove that: (1) the trial court made an error of law; and (2) that error was harmful. However, you must first prove to the court of appeals that you preserved your appellate complaint by raising it in the trial court. In the midst of a frenetic trial pace, it can be easy to fall victim to one of many common traps and pitfalls.

Below—in no particular order—is a “top 10” list of problem areas.

Strive for a clear and complete record. The appellate court will be handed a dry written rendition of your trial in the form of the pleadings on file and the transcript of the trial. If your complained-of error is not apparent from that record, the appellate court will have no grounds to reverse. In this vein, do not forget to reduce all prior rulings to writing and make sure that everything is on the record during final trial.

Secure rulings on your objections.

If you are complaining on appeal about the admission of certain evidence, you must show the appellate court a timely objection or motion to strike stating the specific ground of the objection if it is not apparent from the context.

Make an offer of proof for excluded evidence. If, despite your timely objection, the trial court still refuses to admit your evidence, you waive the error if you do not submit an offer of proof.

Urge a motion to strike. Sometimes merely objecting is insufficient and a motion to strike is required to prevent the appellate court from considering the objectionable testimony. For example, a motion to strike is necessary to exclude an answer of a witness made before an objection could be lodged, volunteer statements of the witness or nonresponsive answers.

Secure a ruling on appellate attorney’s fees. If the trial court does not make any rulings on appellate attorney’s fees, then you will likely be unable to recover them. You must request it in the trial court, put on the proper testimony and evidence, and secure a ruling from your trial judge.

Offer transcripts from prior hearings. If your case is one with any significant prior hearings, do not forget to offer the transcripts from such hearings into evidence. A court of appeals will not review the transcripts from prior hearings, even those in the same case and before the same trial court judge, unless they were properly admitted into evidence at final trial.

Preserve objections to summary judgment evidence. There is a split among appellate courts regarding whether to recognize “implied” rulings on objections to summary judgment evidence. For now, you should incorporate your objections to summary judgment evidence in proposed orders granting or denying summary judgment.

Understand the perils of using running objections. Appellate courts are inconsistent in their view of running objections. In general, always request a running objection on specific grounds, make a new request for a running objec-

tion if similar testimony is sought from another witness, and do not forget to make proper objections to other objectionable testimony elicited while you have a running objection.

Use post-trial motions. If you have not already, this is the time to call your appellate lawyer and begin to get her or him involved. Post-trial motions and requests for findings of fact and conclusions of law can sometimes work to preserve error, extend your appellate deadlines and serve as fertile ground to “pad” the appellate record with evidentiary attachments and the like. Do not forget number 4, above, if you are on the receiving end of such actions.

Make sure the transcript reflects

what happened. The increased use of multimedia trial presentations, while effective at the trial level, presents potential problems for court reporters in accurately recording the contents of those presentations. Provide a narrative description on the record of the presentation or, better yet, secure opposing counsel’s agreement to offer as an exhibit a CD containing multimedia HN trial presentations.

Rebecca Tillery is an associate at KoonsFuller, P.C. and the CoChair of the DBA Admissions & Membership Committee. She can be reached at tillery@koonsfuller.com. Jeremy Martin is an associate at Malouf & Nockels, P.C. and is the former chair of the Dallas Bar Association Appellate Section and can be reached at jmartin@smalouf.com.

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

May 2013

DBA State Bar President’s Update

by Buck Files

May 1 is Law Day—the national celebration honoring the rule of law.

Because we are committed to that rule of law, this day is of great significance to all lawyers and judges. We work to ensure that citizens have access to the courts and understand the role that the legal system plays in protecting the rights of all Americans. One of the best ways we can demonstrate these messages is by setting an example of true professionalism, upholding the highest ethical standards, and cultivating the spirit of professionalism among ourselves.

As I have gone around the state, I have talked to lawyers and judges about the importance of our rule of law and of our Texas Lawyers Creed. I would suggest that we should all be mindful of the high professional standards set out in that creed and consider them every day in both our practice of law and in our personal lives. If it has been a while since you read the Texas Lawyer’s Creed,

I encourage you to revisit the document at texasbar.com/lawyerscreed. If you would like to have copies on hand in your chambers or office, the State Bar of Texas will provide you with as many as you need. Contact the State Bar Public Information Department at (512) 427-1800 or by emailing tsweet@texasbar. com.

The Dallas Bar Association has done so much to further professionalism within the Texas legal community, especially in regards to mentoring, creat- Buck Files ing the model for the statewide mentoring program, Transition to Practice. I am pleased that the State Bar of Texas Professionalism Committee has dedicated time, talent and resources to enhance Transition to Practice program materials. New to the program’s website, texasbar.com/transition, are

You Are Invited!

vignettes following fictional associates through their first year of practice, as they encounter common dilemmas and ethical questions, and discover practical advice on how to handle such situations.

By June 1, videos covering the suggested Transition to Practice CLE topics will be available—for free— to local bars that wish to implement the Transition to Practice program but do not have easy access to speakers. I thank you, members of the Dallas Bar, for creating this program that will continue to positively impact the careers of young lawyers of Texas who will in turn better serve the citizens of Texas.

Nothing pleases me more than Texas attorneys working together to strengthen the legal profession—and the only event that is for all Texas attor-

neys is the State Bar of Texas Annual Meeting. This year, the Annual Meeting will take place at the Hilton Anatole on June 20-21. Not surprising, the Dallas-based Annual Meeting Committee led by Beverly Godbey and Robert Witte, along with the State Bar Sections, have planned the best two days of CLE programming I could imagine. U.S. Supreme Court Justice Samuel Alito will be the keynote speaker at the Bar Leaders Recognition Luncheon, State Bar Sections have joined forces to present what will probably be the first Legislative Update following the 83rd legislative session, and Dallas lawyers and judges will enact a mock trial of Lee Harvey Oswald in conjunction with the 50th anniversary of the assassination of President Kennedy. Expert speakers from around the globe will join us in Dallas for a true celebration of professionalism by Texas lawyers. Thank you for the support the Dallas legal community has shown for the conference. I look forward HN to seeing you there!

E-Mentoring Year End Event

To hear Michael Burke present “Never Enough: One Lawyer’s True Story of How He Gambled His Career Away” Friday, May 17, 2013 at Belo | MCLE 1.00 RSVP to sevans@dallasbar.org.

Sponsored by the DBA Peer Assistance Committee and Caron Texas

The DBA E-Mentoring Program recently held an end of the year event at the Wyly Theater.

Pictured are participants Ebony Rivon, School Coordinator; Abigail Guzman (E-Mentoring Student of the Year from L.G. Pinkston High School); and her mentor, Carling Nguyen.

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May 2 0 1 3

Focus

Dal l as Bar A ssoci ati on l Headnotes 11

Appellate Law/Trial Skills

The Jury’s Verdict Is In! Now What?

by Dan Tobin

In litigation, preparing for and finishing a jury trial is exhausting but rewarding. Unfortunately, the law does not allow the attorney to kick back and relax once the trial concludes. Whereas pre-trial procedure affords ample time to prepare for the trial, post-trial procedure requires immediate action. Issues relating to preservation of error, contingent deadlines, and strategic considerations, among others, must be addressed in the immediate aftermath of the verdict. Most attorneys will anticipate these issues before the trial ends, including consulting with an appellate attorney. Nonetheless, one false step after the jury’s verdict is announced and before an appeal is filed can jeopardize all of the work that went into preparing for trial.

The process begins with the entry of the judgment, which triggers the postjudgment motion, plenary power, and appellate deadlines. It allows the prevailing party to start enforcement action. It starts additional procedural maneuvering.

For instance, the losing party may delay entry of the judgment to avoid enforcement or provide more time to setup its post-trial plan.

Getting to Final Judgment

To get the post-trial ball rolling, a motion for the entry of judgment is available. Should the prevailing party make such a motion, for example if it wants to commence enforcement, it must ensure that its motion contains all of the relief that was awarded at trial. If the losing party files the motion for entry of judgment, for example if it wants to speed up

the post-judgment process to take advantage of an error at trial, it must include qualifying or conditioning language to avoid waiving its appellate arguments.

If either party is dissatisfied with the jury’s verdict, it should file a motion to disregard or a motion for judgment notwithstanding the verdict (“jnov”). A motion to disregard asks the court to ignore one or more of the jury’s findings and enter the judgment based on the jury’s other findings. A motion for judgment notwithstanding seeks a judgment contrary to all the jury’s answers. The grounds typically are that there is no evidence to support or that the conclusive evidence is contrary to, a jury’s findings.

Interestingly, the Texas Rules of Civil Procedure do not contain a deadline to file these motions. Strategically, it is more effective to ask a court to ignore a jury’s findings before that same court enters judgment. At the very least, out of an abundance of caution, the motion should be filed within 30 days of the entry of the judgment. If it is, the appellate deadline extends to 90 days after the judgment is signed and the error as to legal sufficiency of the evidence is preserved.

Post-Judgment Procedure

Once a judgment is entered, a party has 30 days to file a post-judgment motion or file its appeal. Because public policy is to allow courts an opportunity to correct any errors that occurred at trial, the best place to start is the motion for a new trial.

A motion for new trial is required to preserve most errors. While there are a multitude of grounds upon which to seek a new trial, the trial courts have broad discretion to grant a new trial, much more than

an appellate court, including the catch all reason of ‘good cause.’ A motion for a new trial extends the appellate deadline to 90 days after the judgment is signed.

The court’s plenary power is extended to 30 days after the motion is overruled by written order or by operation of law, which will occur automatically 75 days after the judgment is signed.

An alternative to asking for a new trial is moving to modify, correct or reform the judgment. This can be the post-judgment version of the motion to disregard or the motion for “jnov.” If a substantive change is sought, the appellate deadline extends to 90 days after the original judgment is signed or 30 days from the date the new judgment is signed. The court’s plenary

power extends to 75 days after the signing of the judgment.

Of course, after the judgment is signed, a party can bypass the postjudgment motions and proceed directly to appeal, but this can be fraught with peril. Most notably, it risks failing to preserve important trial errors and puts the parties on a faster track to brief and argue their appeals. There are other pleadings available than those discussed above, but this article assumes a jury trial on the merits and does not discuss clerical or administrative errors or a bill HN of review.

Dan Tobin is a shareholder at SettlePou and can be reached at dtobin@settlepou.com.

Dallas Volunteer Attorney Program Presents

GUARDIAN AD LITEM ATTORNEY CERTIFICATION COURSE (MCLE 3.00, Ethics 1.00)

Tuesday, May 28, 1:00-4:00 p.m., Belo Pavilion Speakers include: Hon. Michael E. Miller, Hon. Brenda Hull Thompson, Hon. Chris Wilmoth, Hon. John Peyton, and experienced probate, guardianship and elder law practitioners.

Register online at www.dallasbar.org.

For more information, contact Alicia Perkins, perkinsa@lanwt.org, or Chris Reed-Brown, reed-brownc@lanwt.org.

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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

May 2013

Gambling: Addiction with High Costs

by Amara Durham

It is estimated that 80-90 percent of all American adults have gambled to some extent. The Department of Mental Health and Addiction Services in the State of Connecticut recently finished a nationwide study on problem gambling and found that there are about 2 1/2 million pathological or addicted gamblers, 3 million problem gamblers and about 15 million at-risk gamblers in the United States. The Department also reported that women make up the fastest growing group of problem gamblers. It was not until 1980 that the American Psychiatric Association included pathological gambling as a disorder of impulse control and not until this year that it will have its own category in the Diagnostic and Statistical Manual of Mental Disorders.

Problem gamblers experience intense excitement, power and hopeful anticipation as a result of the “action” of gambling. For some who gamble, a dependency on the “action” of gambling takes place in a similar way to a dependency on the effects of alcohol or other drugs.

Research has shown that gambling affects some of the same neurotransmitters, like serotonin, as alcohol and drugs.

The Massachusetts Council on Compulsive Gambling found that there is a correlation between gambling and substance abuse: • 75 percent of all pathological gamblers have had problems with alcohol.

• 38 percent of all pathological gam-

blers have had problems with other drugs.

• 10 percent of all individuals with a substance abuse problem have had a gambling problem.

The study also concluded that substance abusers and gamblers share many characteristics: • Preoccupation with the activity • Use to escape pain or uncomfortable feelings • Intense craving • Need to increase the amount of use/ or money spent gambling over time to achieve desired affect • Inability to stop despite negative consequences Unlike substance abuse, there are no visible signs of a gambling problem. The Council noted that compulsive gambling is often called a “hidden addiction.”

Gambling sometimes is considered more difficult to treat because it is an intermittent reinforcer, essentially meaning that the gambler does not get lucky each time and their winning is random in nature.

The gambler’s brain has grown used to the idea of periods of not winning unlike an alcoholic or drug addict who receives an immediate “reward” and therefore is cognizant of a discrete period of no alcohol or drug use.

Social and family problems created by pathological gambling are high. Gambling may account for up to 14.2 percent of all annual bankruptcy filings in the U.S. Approximately 19.2 percent of pathological gamblers in a 1997 National Opinion Research Center study had to file for

bankruptcy. This NORC study also found that counties that have gambling casinos experience bankruptcy-filing rates 13.65 percent higher than counties that do not.

In addition, pathological gamblers often engage in “white collar” crimes such as fraud, embezzlement, or employee theft resulting in higher costs from a policing, judicial, and correctional standpoint.

From the family standpoint, the typical problems associated with alcoholism and drug addiction occur along with a tendency to be at greater financial risk due to bankruptcy or credit card problems, to name a few. Additionally, spouses are often left in debt due to their loved ones addiction who often take out credit cards and/or loans in that person’s name or take out second or third mortgages without their loved one knowing about it.

Most addicts today are faced with more than one addiction. Many of these addictions not only co-exist, but interact, reinforce, and fuse to become part of a package—a process referred to as Addiction Interaction Disorder (AID). Co-existing

addictions such as drugs and alcohol, gambling, sex, eating, work or the Internet can become chronic and progressive if left unidentified and untreated. In an internal Caron research study involving 485 patients, 45.4 percent admitted to struggling with one or more forms of compulsive behaviors during the last 30 days (sex, eating or gambling). Caron’s study is significant because it points to the importance of recognizing that other addictions may co-exist with a chemical dependence and, if left undiagnosed and untreated, leaves the individual at risk for relapse.

The DBA Peer Assistance Committee and Caron Texas is honored to sponsor Michael Burke on May 17th at noon at the Belo for a one-hour CLE where he will share his experience, strength and hope regarding his gambling and alcohol HN addictions.

Amara Durham is Director of Marketing & Community Relations at Caron Treatment Centers-Texas. She can be reached at adurham@caron.org.

Road to Executive Leadership Program Tuesday, June 4, Noon at Belo Speakers: Helen Yu—American Airlines | Julia Simon—Mary Kay Inc. Wesley Terrell—AT&T | Chris Luna—MetroPCS, moderator Questions? Contact ahernandez@dallasbar.org.

Sponsored by the DBA Minority Participation Committee

Professionalism Tip Show respect at all times; Listen to understand and listen loudly; Civility is a sign of strength, not weakness; Be empathetic; Disagree without being disagreeable; Be kind and courteous to everyone; Saving face is important; Your attitude is more important than your aptitude.

—From “The Do Right Rules” by deceased DBA activist, Peter S. Chantilis Provided by the DBA Professionalism Committee JRFRIM_Ad2012.indd 1

10/9/12 10:39 AM

May 2 0 1 3

Focus

Dal l as Bar A ssoci ati on l Headnotes 13

Appellate Law/Trial Skills

To Appeal or Not To Appeal: That Is the Ethical Question

by Robert Bogdanowicz

What is a Texas lawyer to do when directed to file an appeal he or she knows is frivolous? Are there any rules which provide guidance? By the end of this article, you will be armed with enough knowledge to answer the first two with ease, making you a surefire hit at dinner parties from El Paso to Texarkana.

The Preamble to the Texas Professional Rules of Conduct reiterates one of our “golden rules:” “In all professional functions, a lawyer should zealously pursue client’s interest within the bounds of the law.”

Later, Rule 3.01 espouses another “golden rule” but one poised on the opposite end of the spectrum: “A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless the lawyer reasonably believes that there is a basis for doing so that is not frivolous.”

Any Texas litigator reading this is likely familiar with Texas Rule of Civil Procedure 11, which largely echoes the sentiment of Disciplinary Rule 3.01: The signatures of attorneys or parties constitute a certificate by them that they have read the pleading, motion, or other

paper; that to the best of their knowledge, information, and belief formed after reasonable inquiry the instrument is not groundless and brought in bad faith or groundless and brought for the purposes of harassment.

While the rules seem black and white, we all know reality is composed of 50 shades of grey. Not surprisingly, the procedure for handling such a dilemma depends on the type of case and whether or not your representation is court appointed.

Attorneys who practice criminal law may be familiar with the Anders brief. See Anders v. California, 386 U.S. 738 (1967).

Charlie Anders was convicted of felony possession of marijuana and requested appointment of appellate counsel. Anders’ request was granted, but after reviewing his case, Anders’ appointed counsel determined any appeal would be frivolous.

The appointed counsel notified the court that he would not file an appeal because it would lack merit and withdrew. Ultimately, Anders filed an unsuccessful appeal himself.

Years later, Anders asked that his case be re-opened because he was denied his right to counsel. The intermediate appellate court and California’s Supreme Court ruled

All members are invited to:

“An Introduction to Evidence” A special CLE event sponsored by the DBA Trial Skills Section May, 9, 2013 | Noon-2:30 p.m. | MCLE 2.50 | Belo Mansion Speaker: Professor Fred Moss, SMU Dedman School of Law For more information, contact ahernandez@dallasbar.org.

against him. Undeterred, Anders appealed to the U.S. Supreme Court, which granted a writ of certiorari. The Supreme Court held Anders was denied his Sixth Amendment right to counsel and outlined a procedure for similarly appointed counsel: (1) Inform the court of the conclusion that an appeal is frivolous; (2) file a brief demonstrating a thorough search of the record for any arguable claims which might support the client’s appeal; and (3) file a motion to withdraw.

Texas follows the Anders guidelines for similar criminal appeals as well as certain juvenile appeals. Additionally, courts across Texas have found it appropriate for proceedings involving the termination of parental rights, as the Family Code requires courts to appoint appellate counsel to indigent parents when the Department of Family and Protective Services has terminated a parent’s rights to his or her child. See Tex. Fam. Code § 263.405(e). Though the courts apply the same logic regarding appointed appellate counsel in criminal matters, several have reached slightly different conclusions—Houston, Fort Worth and Waco holding Anders briefing mandatory, with others, such as Corpus Christi and Tyler,

holding it is permissible, but not required.

So what does this mean for lawyers evaluating appeals in a personal injury case or a breach of contract dispute? These lawyers are not court appointed, but retained by private clients pursuant to written agreements. As such, Anders briefing is unnecessary, but it serves as a helpful reminder on how to properly terminate the attorney-client relationship. Stuck in an unfortunate situation where a private client demands an appeal, regardless of frivolity? Think Anders.

It is recommended that you put your advice to the client in writing. If the client refuses to follow advice and insists on filing a frivolous appeal, an effective attorney-client relationship no longer exists. Terminate the relationship in writing, citing not only the appellate impasse, but also the relevant provisions in your engagement agreement.

If there are any upcoming appellate deadlines, be sure to include them too. After that is done, thank the stars you are not a court appointed attorney tasked with pre HN paring an Anders brief!

Robert Bogdanowicz is a trial lawyer at Deans & Lyons, LLP. He can be reached at rob@deanslyons.com.

14 H e a d n o t e s l D a l l a s B a r A s s o ciation

May 2013

Summer Law Intern Program Celebrates 20 Years

by Kirby Drake

This summer marks the 20th Anniversary of the Dallas Bar Association’s Summer Law Intern Program (SLIP). The program was launched in the Summer of 1994 as a joint effort between the DBA and the Dallas Independent School District (DISD) to provide a select group of incoming high school seniors with the opportunity to work in law firms and corporate legal departments through the Dallas area. SLIP is recognized among DBA members as one of the most successful partnership projects ever undertaken by the DBA and the DISD. It is considered to be a cornerstone program for the DBA, having received a Dallas Bar Foundation grant each year from 1998-2012.

The selection process through which the interns undergo is highly competitive—they must have a grade average of 85 or above, less than 10 absences, complete an application which includes all their activities and accomplishments, provide transcripts, references from teachers and principals, and finally, they are narrowed down to the top four students from each of the 30-plus DISD High Schools.

They will then go through personal interviews with attorneys and DISD representatives. Each year more than 25 Dallasarea attorney volunteers donate two to three hours of their time to interview the student applicants.

From this fantastic group of highly qualified applicants, typically 20-30 students are selected to participate in the program each year; however, many more interns could be selected if more spaces

were available in law firms and corporate legal departments. These participants are high-achieving, ambitious students who wish to learn about the law, possibly pursue a law degree, but definitely wish to gain experience working in a professional environment. For many of the participants, a work opportunity of this caliber would otherwise be unavailable. By participating in SLIP, the interns gain self-esteem and self-confidence, as well as a sense of pride and professionalism. The interns are also introduced to the professional opportunities available to them if they continue to apply themselves in their school and other activities. The DBA suggests its members

Thank You! Thank you to these firms for their long-standing commitment and support of the Summer Law Intern Program since the beginning!

consider taking on an intern for the summer to provide as many opportunities as possible for Dallas-area students.

“Our interns have been—uniformly— inquisitive, eager and hard-working, and most of them have gone on to college and interesting careers of their own,” said Diane Sumoski, of Carrington, Coleman, Sloman & Blumenthal, L.L.P., a firm that has participated in the program since its inception. “It is very satisfying to have the opportunity to be one of the stepping stones to these interns’ successes.”

DBA members can benefit from this program by hiring an intern to take care of the limitless tasks that arise in their busy offices, such as general office support duties, messenger services, document organization, filing, copying, and the like.

The level of financial commitment also is low ($8/hour), and the interns can pro-

vide a tremendous benefit for that cost.

Both part-time and full-time opportunities are available to employers, as well as 4-week and 8-week options (between June 17-August 9).

As the firms and corporate legal departments who have participated in the past can attest, these interns will be trained and ready to get concrete, professional experience wherever they can. Both the interns and their employers benefit from their involvement in SLIP, and many maintain contact with each other even after the program ends. In fact, in a number of circumstances, interns are hired on to continue working with their respective employers during the school year and beyond.

Sally Crawford, President of the DBA, says, “My firm, Jones Day, has participated in the Summer Law Intern Program since its inception. We have placed students in virtually every department in the firm. The students are smart, mature and hardworking—it is a pleasure to work with them.”

Shannon Bates, Executive Partner of Klemchuk Kubasta LLP, added, “Our firm hired an intern for the first time last summer. Our intern was highly qualified and of such tremendous assistance and benefit to our firm over the summer that we have continued to employ him during the school year. Our firm is so pleased to be part of this great program.”

If you have not previously considered hiring an intern through the Summer Law Intern Program but would like to do so, please contact Amy Smith at (214) 220-7484 or asmith@dallasbar.org. More information about SLIP is available at www.dallasbar.org/ HN summerlawinternprogram.

Kirby Drake is a Partner at Klemchuk Kubasta LLP and Co-Chair of the Summer Law Intern Program Committee. She can be reached at kirby.drake@kk-llp.com.

Carrington, Coleman, Sloman & Blumenthal, L.L.P. Gardere Wynne Sewell LLP K&L Gates Jones Day Locke Lord LLP Ramirez & Associates, P.C. Strasburger & Price., L.L.P. Thompson & Knight L.L.P.* Weil, Gotshal & Manges LLP Winstead P.C. And to the many more who have participated throughout the years!

If you would like to participate in this year’s program, please contact: asmith@dallasbar.org (*has sponsored an intern to work with DVAP each year since 2009.)

DVAP’s Finest Victoria Neave

Victoria Neave, of the Victoria Neave Law Firm, P.C., focuses her practice on business law, family law and criminal defense.

However, for three months, Victoria was “on loan” to DVAP as the Weil, Gotshal & Manges LLP Lend-a-Lawyer for 2012.

Victoria hit the ground running and represented numerous indigent clients in pro bono cases involving a myriad of legal issues including contested family law cases, wills and probate, guardianship, consumer law and other legal matters. Victoria’s fluency in Spanish was also particularly beneficial to DVAP’s Spanish-speaking population. “I am honored to have served as Weil’s Lend-a-Lawyer and grateful for the friendships that I developed with the fantastic DVAP attorneys and staff,” said Victoria. “I especially enjoyed the plentiful opportunities for court time and the opportunity to really make a meaningful impact on my clients’ lives.” Thank you for all you do, Victoria!

Pro Bono: It’s Like Billable Hours for Your Soul.

To volunteer or make a donation, call 214/748-1234, x2243.

May 2 0 1 3

Classifieds

Dal l as Bar A ssoci ati on l Headnotes 15

May

EXPERT WITNESS

Drug/Alcohol Expert - Pharmacy Professor; 33 years’ experience consulting, teaching, researching prescription, illegal, over-the-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) 5425636; allisonannewelder@yahoo.com; www.welderconsulting.com.

OFFICE SPACE

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.

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.

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.

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.

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 Estate Services – Carl Cross), Commercial Litigation (Cole & Cole, P.C. – Robert R. Cole, Jr.), and Systems, Network, Technology Design, Engineering, Integration, Maintenance and Troubleshooting (Protocol Systems – Mike Armbruster), Bookkeeping (Kenneth C. Fisher, LLC) and Family Law (Law Office of Rob McAngus). 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.

Furnished office space for sublease in North Dallas. This office is located near 635 & Josey Lane. The office has two window offices and a reception area.

884sq. ft. $900/month. Includes Internet and free parking. Will consider subletting one office and the reception area. Lease ends June 30, 2014. Contact me at (972) 302-2333 or michelle@mdmfirm.com.

North Dallas attorneys subleasing two offices: 12’ x 12’, three windows, $1200/m and 16’ x 12’, four windows, $1300/m. Tollway location includes conference room, copier, fax, phone, postage, kitchen, and receptionist.

Free parking. Contact Kari Bohach:

kbohach@birdskibell.com 750-6300.

or

(214)

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.

Park Cities/Central Expressway – Law firm has up to 3 window offices in Class A building for lease. Great location at 8080 Central Expressway at Caruth.

Spectacular views of downtown and Park Cities. Elevator exposure and expensive finish out. Large conf. room and kitchen. Secretarial space, high speed scanner/copier, broadband, extra storage and other amenities available.

Call John/(214) 546-6337.

POSITION AVAILABLE

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) 6579887 or e-mail danc@bcdalaw.com.

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.

Seeking general attorney with substantial general environmental law expertise with four years or more experience and general knowledge of CERCLA, RCRA, Clean Water Act, and Clean Air Act issues, and analogous state and local laws and regulations. For more details of duties and requirements and also to apply, go to www.BNSF.com/Careers.

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.

ence 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.

SERVICES

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.”

Oil and Gas Buyer. Buying royalty interests, overriding royalty interests and non-operating working interests. Send descriptive information to royalty@coromandelenergy.com for a prompt and fair evaluation. Owner is SBOT and DBA member.

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. Coauthor, leading treatise in field. J.D., Harvard Law. David Lopez, (210) 2229494. dlopez@pulmanlaw.com.

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.

To place an affordable classified ad, contact Judi Smalling at (214) 2207452 or email jsmalling@dallasbar.org.

Connect jobseekers with employers in the legal field. Run your ad in the DBA’s online Career Center. www.dallasbar.org/career-center.

Health Law Attorney Needed. Experi-

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16 H e a d n o t e s l D a l l a s B a r A s s o ciationâ€

May 2013