Dallas Bar Association
HEADNOTES July 2010 Volume 34 Number 7
Interns Navigate the Legal Profession
Frank Branson Named Trial Lawyer of the Year Recognized at Bench Bar by Rob Crain
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t is a special honor to report that my friend, mentor and former employer, Frank Branson, is this year’s recipient of the Outstanding Trial Lawyer of the Year Award. The Dallas Bar Association will present the award at the Bench Bar Conference at the Horseshoe Bay Marriott on October 14. A fixture in Dallas legal circles since he earned his Law Degree from Southern Methodist University in 1969, Frank grew up on the west side of Fort Worth where he learned the value of hard work in the close-knit community of White Settlement. Most of the men in the neighborhood worked at the General Dynamics defense plant building B-58 bombers and fighter aircraft. “There wasn’t much given to you,” says his boyhood friend George Clark. “It’s not like today where kids all have cars and computers and iPods. We just had the sandlot, or we’d sneak onto the golf course.” Frank attended Brewer High School, where his father was the football coach and later the school principal. The elder Frank Branson was “a nice guy, but a strict disciplinarian,” remembered Clark.
Focus
Focus Bankruptcy Law
As you might have guessed, academics and athletics were a big part of the Branson house. Frank excelled in football as a running back, and ran the 880 in track. He was also a diver, winning the city diving championship, and a boxer, competing in the Golden Gloves his junior and senior years of high school. There was little question as to what career path he would choose. Frank’s mother was a teacher and a tennis coach. Her guidance, as well as Frank’s aptitude for history and government, led him to the law. He didn’t waste any time learning the art of public speaking either. “I took all the speech classes that were available in high school and college,” Frank recalled. He went to SMU Law School on a “3 and 3” program after his junior year at TCU. Although continued on page 12
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wenty-nine firms and 31 students from the Dallas Independent School District are participating in the DBA’s 2010 Summer Law Intern Program. Since 1994, the DBA has interviewed thousands of high school students and placed nearly 500 exceptional teenagers in law firms, non-profits and corporate legal departments for eight weeks during the summer. The students are paid a reasonable wage, while receiving a glimpse into the legal profession. The program is funded by the Dallas Bar Foundation and would not be possible without the generosity of the firms and legal departments who open their doors each year to new interns. Thanks to the Thompson & Knight Foundation, an intern was placed this summer at the Dallas Volunteer Attorney Program. And, thanks to the sister bar associations—Dallas Asian American Bar Association, Dallas Hispanic Bar Association and Dallas Association of Young Lawyers—and a generous donation from Munsch Hardt Kopf & Harr, P.C., two interns were placed this summer with Catholic Charities Foundation and Central Dallas Ministries. Co-chairs of the 2010 Summer Law Intern Program are Ryan McFarlin and Erin Woodward Peirce. To get involved in next year’s Summer Law Intern Program, contact Amy Smith at asmith@ dallasbar.org.
Bankruptcy Law
Come on In, the Water’s Fine: Suggestions From the Bench by Judge Harlin D. “Cooter” Hale
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orthern District bankruptcy filings are booming and will probably continue to do so for many months because of high unemployment. Non-bankruptcy lawyers are often called to file proofs of claim, appear, and try motions and lawsuits outside their usual courts. This article provides some practical advice. 1. Put on your running shoes. Bankruptcy cases move quickly. It is not uncommon for parties to be litigating over substantial sums only a few days into a case. Lawsuits get to trial in a matter of months. Be ready to move more quickly than in state or federal district court. 2. Know the vocabulary. We talk strangely. Often we throw around numbered bankruptcy sections and rules, e.g., 362 motion (automatic stay), 341 meeting (first meeting of creditors), 2004 examination (discovery device). Parties sometimes go by acronyms, e.g., DIP (Chapter 11 debtor in possession). Lawsuits are called “adversary proceed-
ings.” Learn the words and the section/ rule numbers. 3. Know the judges. The six judges in the DFW area (three in Dallas, two in Fort Worth and one in Plano, an Eastern District court) are experienced former bankruptcy lawyers, who represented both debtors and creditors. Before you go to court, check out your judge. Ask around. Go to the courtroom prior to the hearing and see how the judge handles matters. Get to the courtroom early the day of your hearing. Bankruptcy judges hear a lot of the same motions, and you might get a preview of how the judge handles your particular motion. 4. “We are from the federal government and we are here to help you.” This is not a joke. The Bankruptcy Court has an extensive and helpful website, including forms for some of our more common pleadings. The clerk’s office will take your call or e-mail and help you. The judges’ courtroom deputies set the hearings and promptly respond to your inquiries. 5. Watch deadlines. The bankruptcy rules and the local rules have deadlines
that sometimes trip up the unaware. For example, a proof of claim must be filed within 90 days of the date set for the first meeting of creditors in Chapter 7 and 13 cases, the most common proceedings. The deadline to sue a debtor to seek an exception from discharge is 60 days, and the time for objecting to exemptions is 30 days after the conclusion of the meeting of creditors. Motions to lift stay require a response within 14 days, or a default may be entered. We have peculiar rules for the exchange of exhibit and witness lists, and lawyers should be mindful that they comply. 6. Take advantage of free discovery. A bankruptcy case offers a ready source of information. The debtor is required to file schedules of assets and liabilities and a statement of financial affairs. The latter relates, in some instances, to transactions going back several years. A review of these pleadings will be helpful in understanding the debtor and the case. Early in the case the debtor will attend a public 341 meeting, where creditors and other parties in interest examine the
Inside 5 Bankruptcy and Mortgage Loan Modifications 7 Probate Judgment Precludes Anna Nicole’s Claim 8 Alice in BarNoneLand: 25 Years Through the Looking Glass
debtor under oath. 7. Don’t waive your client’s rights. If you are involved in a lawsuit removed to federal court and sent to the bankruptcy court, do not wait too long to seek remand or withdrawal to the district court. Timing will be a factor in both. If your client has the right to a jury trial, be careful about filing a proof of claim, as such action may cause your client to lose that right. 8. Read the pleadings as they come in. Bankruptcy creates many opportunities that do not exist under state law. A debtor may be able to fix your client’s claims, strip his liens, reject his contract or reduce his secured claim to the value of the collateral. Read the documents. 9. Consider associating a bankruptcy expert. Many routine matters can be handled by lawyers who do not always do bankruptcy work, but for the more complicated matters, it is always advisable to HN call in the pros. Judge Hale practiced bankruptcy law in the Northern District of Texas for 19 years before taking the bench in Dallas in November 2002. Judge Hale can be reached at Judge_Harlin_Hale@ txnb.uscourts.gov.
SAVE THE DATE! DALLAS TOMMORROW II What’s Happening In Dallas And What Does It Mean To You? Tuesday, August 3, 2010 at The Belo Mansion Sponsored by the DBA Public Forum Committee