Dallas Bar Association
HEADNOTES April 2010 Volume 34 Number 4
Focus Environmental Law
st Century: Law in the 21 Al Ellis—the 2010 Emerging Challenges and Enduring Traditions Justinian Award U.S. District Judge Barbara M.G. Lynn Keynote Speaker
by Jan Lamoreaux
A
l Ellis’ life represents what makes the Dallas Bar Association such an important leader in our community. His philosophy of life and service to the legal profession and community is: To live is to become involved; to become involved is to care; to care is the essence of being. So, do all you can, in the time you have, in the place you are. Through his unselfish volunteer service, commitment and actions, Al represents the very best of the legal profession. From his early days as a Jaycee and Dallas Golden Gloves Tournament Director, to his later years as a Habitat for Humanity volunteer (getting his hands dirty week after week), he has continuously devoted his time to helping people less fortunate, content to Al Ellis stay out of the limelight, without expectation of recognition or reward. Because Al has unselfishly given his time and considerable energy to help individuals, families and our community through his incredibly deep sense of justice and service to others, Dallas Lawyers Auxiliary is honored to present him the prestigious 2010 Justinian Award for community service on April 28. The award is presented annually to a member of the Dallas Bar Association who is or has been a practicing attorney for the major portion of his or her life, and who has actively demonstrated a long-standing dedication to volunteer service in the Dallas community. Judges for the award were prominent Dallas civic leaders — Paul M. Bass, Jr. (recently deceased), Barbara Hunt Crow, Roy Gene Evans, Michael A. Jenkins and John McCaa. Following graduation with honors from South Oak Cliff High School and the University of Texas at Arlington and a tour of duty in Vietnam as an Airborne/Infantry officer, Al obtained his J.D. from Southern Methodist University. While attending SMU, he was student chief counsel for the SMU Legal Clinic and on the staff of the Journal of American Law and Commerce. As a board certified personal injury trial lawyer for 38 years, Al has tried more than 175 jury trials. For his work in the trial arena, he has been selected as a member of the prestigious International Academy of Trial Lawyers. He advocates with grace and dignity for those who need his help. He is currently “Of Counsel” with Sommerman & Quesada, L.L.P. He and wife, Sandy, have three children: Joshua Kyle Ellis, Mike Fahey and Jennifer Fahey. Past leadership roles include Tournament Director of Dallas Regional Golden Gloves Tournament (1976-1996), and presidencies of the Dallas Bar Association, Dallas Trial Lawyers Association, Dallas Association of Young Lawyers, American Board of Trial Advocates (Dallas chapter), Texas Center continued on page 14
by Jamie J. McKey
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t is fitting that the theme for Law Day 2010 deals with the timeless battle between balancing new challenges with eternal traditions. As the entire world came together to witness the equilibrium between new competition and unchanging folklore at the 21st Winter Olympic games we were reminded that, like past Olympians, we too grapple with maintaining balance in our non-Olympian lives. Like Olympians from all over the world who compete in gaming events today as they did in ancient times, the American Bar Association offers that those involved in the law must remain committed to “the enduring principles of law, Hon. Barbara M.G. Lynn
become knowledgeable about other legal systems, recognize the need to adapt our practices and acquire new cultural understandings.” In 1958, President Dwight D. Eisenhower issued a proclamation declaring the first Law Day. As he so eloquently stated, “In a very real sense, the world no longer has a choice between force and law. If civilization is to survive it must choose the rule of law.” The basic underlying premise of the law is the same today as it was when President Dwight D. Eisenhower issued the proclamation, “the people of this Nation should remember with pride and vigilantly guard the great heritage of liberty, justice and equality under law which our forefathers bequeathed to us.” President Eisenhower believed that the “universal application of the principles of the rule of law in the settlement of international disputes would greatly enhance the cause of a just and enduring peace.” In its more than 50-year history, Law Day has encouraged the public to embrace this sentiment. One of the goals of Law Day is to assure that today’s youth are equipped with the understanding and the skills necessary to effectively function within our country’s continued on page 6
DISD H.S. Mock Trial Team Heads to National Competition by Jessica D. Smith
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s the Yarbro Hoffseal guilty of causing the death of one Robin McConnagal because of its in-dash AzureTooth texting option? During an afternoon drive, Jamie Tiguan driving his 2009 Hoffseal, struck a bicycle, killing the rider Robin McConnagel. Should the Yarbro company be held responsible for the incident because it disabled the safety option on the Hoffseal’s texting feature, thus allowing the driver to text while driving? These and other “fictitious facts” were examined and argued by 2,000 students statewide who have participated in the High School Mock Trial Competition since last fall. Students at nearly 150 schools scrutinized witness statements and exhibits, as 24 teams advanced to the 31st Annual Texas High School Mock Trial Competition held in Dallas in March. Schools representing the DFW area at the state competition included: Booker T. Washington Arts Magnet High School (Dallas), Carrollton Creekview High School, North Hills Prep (Irving), Richardson High School, Skyline High School (Dallas) and Ursuline Academy (Dallas). After four rounds at the Frank Crowley Courts Building, the final championship round—between Booker T. Washington and Carrollton Creekview—was held Saturday, March 6, at the Earle Cabell Federal Court Building, and presided over by U.S. District Judge Barbara M.G. Lynn. Taking top honors at this year’s state competition was Booker T. Washington High School. The eight-member team prevailed in the championship round and will rep-
Inside 3 How to Select and Use Environmental Consultants 6 Voluntary Disclosure and Privilege Waiver 10 Social Networking and Lawyers
Booker T. Washington High School bested its competition and was named the winner of the 31st Annual Texas High School Mock Trial Competition on March 6 at the Earle Cabell Federal Courthouse.
resent Texas at the National High School Mock Trial Championship in Philadelphia next month. The win marks the second time in 2 years that a Dallas ISD school won the competition. Coming in second place was Carrollton Creekview High School, and third-place trophies and scholarships were presented to Monsignor Kelly Catholic High School of Beaumont and Ursuline Academy of Dallas. The Judy Yarbro Professionalism Award, underwritten continued on page 9
‘Experience Exchange’ Mentoring Dinner: 20 Years In 2 Hours Tuesday, April 13 ~ 6 - 8 p.m. ~ The Belo Mansion Sponsored by the DBA Minority Participation Committee. An exchange of ideas and experiences between attorneys of color—to build relationships within the minority legal community. Ideal for lawyers licensed less than 10 years. Registration Fee: $20 for lawyers (or $10 for law students). Includes dinner and parking. Registration deadline: Friday, April 9. Contact ahernandez@dallasbar.org or (214) 220-7499.