Dallas Bar Association
HEADNOTES January 2018 Volume 43 Number 1
Focus Construction/Real Property Law
Aubrey Connatser Honors Ken Fuller’s Legacy Michael Hurst to be Inaugurated as DBA’s 109th President with First Gift to New DVAP Endowment BY MICHELLE ALDEN
In 1997, the Dallas Bar Association and Legal Aid of NorthWest Texas joined their previously separate pro bono programs to create the Dallas Volunteer Attorney Program (DVAP). The now 20-year-old program combines the volunteer resources of the Dallas Bar Association with Legal Aid’s expertise in providing legal help to the poor. Today, DVAP is the largest and most comprehensive provider of pro bono legal services in Dallas. The program is recognized locally, regionally, and nationally as a leader in the pro bono community because of its unique partnership between a bar association and legal aid organization. Currently, legal aid programs around the nation face a crisis over how to pay for the legal aid services Aubrey Connatser they provide. Committed volunteers provide their legal services free of charge; however, funds are needed to coordinate clinics, recruit volunteers, train and mentor volunteers, and oversee the thousands of cases that DVAP handles every year. Federal and state funding are tied to legislative support for legal aid to the poor, which has, unfortunately, not been a high enough priority in recent budgets. Federal and state funding cuts threaten the future of DVAP and other legal aid programs across Texas and the United States. Rather than waiting for the next round of funding cuts, Dallas Bar Association President Michael K. Hurst decided to take a proactive approach by creating a DVAP Endowment (the Endowment). The Endowment strives to create and maintain long-term funding to secure legal aid to the poor in Dallas should traditional funding methods shrink or cease to exist. Accordingly, the Endowment functions to provide a dependable safeguard to the DBA’s efforts to help fund pro bono legal services. The Endowment shall be used solely for the support of DVAP. The first donor to step up to fund the Endowment, with a gift of $50,000, is Aubrey Connatser of Connatser Family Law. Aubrey is a longtime supporter of DVAP. She has given over $100,000 to the Equal Access to Justice Campaign since 2006, and that does not include her inaugural gift to the Endowment. Aubrey has made this extraordinary gift to honor the memory of her mentor Ken Fuller. “Ken Fuller was a trailblazer in our field. His hard work landed him at the top of his profession and his big heart dictated that he give back tirelessly through DVAP. The limitless potential of our profession would be realized if all lawyers followed in his path. Hard work and
giving back can change the world, one person at a time,” Ms. Connatser said. Many lawyers knew of Ken’s professional accomplishments, including being a named partner in KoonsFuller, being named a Texas Super Lawyer and one of the Best Lawyers in Dallas by D Magazine, and being inducted into the State Bar of Texas Family Law “Hall of Legends” in 2003. Many lawyers were also aware of his extensive pro bono work and experienced Mr. Fuller convincing them to accept a pro bono case. Mr. Fuller is very fondly remembered at DVAP. For many years, he spent his Mondays and Tuesdays at DVAP—mentoring volunteers, assisting in-house with staffing, handling cases, and doing prove-ups. Mr. Fuller is missed by so many who had the good fortune to learn from him over the years, both through his knowledge of family law and those who were inspired by his example to give back to the community. Ms. Connatser learned from the best, and her generous tribute to Mr. Fuller is fitting indeed. “Aubrey Connatser knows the importance of ensuring that legal aid to the poor is funded for generations. For all people, for all time. I was not surprised when she once again wanted to put her money where her heart is, and become the DVAP Endowment’s first major donor to honor the memory of Ken Fuller. Aubrey’s leadership will no doubt have a lasting impact on our Community,” said Mr. Hurst. Ms. Connatser and the attorneys of Connatser Family Law are committed to resultsoriented, focused, creative problem solving. They harness these elements in every divorce, child custody matter, premarital and postmarital agreement, modification, and collaborative law matter in their practice. Ms. Connatser’s empathetic nature is an asset in her family law practice, and she has a long history of giving back, from doing community service at the Episcopal School of Dallas to volunteering at the Children’s Advocacy Center during her college and law school days at The University of Texas. She then volunteered at the Domestic Violence Clinic at UT Law School, and has been involved with pro bono work ever since. “We are so blessed,” said Ms. Connatser of the legal profession. “We have the chance to make a huge impact on someone’s life by doing things that, to us, seem really simple, but help others with things that seem insurmountable for them.” Ken Fuller would wholeheartedly agree. HN Michelle Alden is the Director of the Dallas Volunteer Attorney Program. She can be reached at aldenm@lanwt.org.
Inside 6 Jones Day Takes the Lead in the EAJ Campaign 8 Tino Ramirez to Receive 2018 MLK Justice Award 10 DBA Offers New Member Benefit—Online CLE 21 Who Breached First, and Was It Material?
BY SHONN BROWN AND JOSH SANDLER
On January 20, 2018, Michael K. Hurst will lead the Dallas Bar Association into its 145th year as its President. “I have a habit of writing down words to describe people when I first meet them,” said Mike Lynn, of Lynn Pinker Cox & Hurst, LLP. “For Michael, I wrote that he is ‘bright, deferential, trustworthy, supportive, and ambitious. I like him.’ Not a bad description of my partner who sincerely cares about lawyers, the practice of law, and our profession.” We always tell our children that actions speak louder than words. In Michael’s case, his actions speak volumes. Those who work with Michael know he is devoted to his family, the practice of law, the community, and his colleagues. His professional life serves as a living embodiment of the DBA’s mission statement, which is to “serve and support the legal profession in Dallas and to promote good relations among lawyers, the judiciary, and the community.” As the solo Chair of the Equal Access to Justice Campaign in 2013, Michael raised a record amount of legal aid for low-income families and individuals. As a co-chair of the Pro Bono Activities Committee, he helped provide free legal help to the low-income residents of Dallas County. Michael served as President of the Community Service Board and even received the Lois Bacon Special Services Award for his pro bono work. Michael leads by example. When he leads, he brings his friends and colleagues along with him. Ever since we have known Michael, he and has family have selflessly delivered Thanksgiving meals to families who receive pro bono legal services. Illustrative of his style of leading by example, this annual practice has expanded and now, leaders within the DBA, as well as those within his law firm, help needy families every Thanksgiving. Michael’s leadership and efforts to fund pro bono legal services will be a prominent part of his programming this year as he develops a Pro Bono Endowment, having already secured significant gifts from individuals and corporations in Dallas including Michael and his wife, Jane Rose Hurst. An accomplished trial lawyer, Michael is consistently ranked as amongst the best attorneys around.
Michael Hurst
Both of us have tried cases with Michael and are constantly impressed by how sharp, well-reasoned, and personable he is. Don Godwin, a former law partner of Michael’s, said of him: “Michael and I tried several jury trials together dating back to the 90s. He is a natural in the courtroom with a very accomplished and proven ability to communicate very well with juries and judges. He is a gifted trial lawyer with a disarming manner. He can be a fierce cross examiner and in a moment’s notice can be as mild mannered as needed for the circumstance.” U.S. News & World Report selected Michael as one of the “Best Lawyers in America” in Commercial Litigation, Labor & Employment Litigation, and Real Estate Litigation. Texas Monthly named Michael as one of the “Top 100 Lawyers in Texas.” Benchmark Litigation selected Michael as a “Litigation Star.” The Dallas Business Journal named Michael as one of the “Top 15 Business Defenders.” He also received outstanding young lawyer awards from both the Texas Young Lawyers Association (TYLA) and the Dallas Association of Young Lawyers (DAYL). He was also the first male to receive the Dallas Women Lawyers Association’s Louise B. Raggio Award. Even more impressive, those serving as opposing counsel to Michael note his ability to vigorously advocate for his clients while maintaining high professionalism standards. “He is very professional and a credit to the legal profession,” added Mr. Godwin. “He loves the practice of law, and more than anything profescontinued on page 10
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