Dallas Bar Association
Everyone has a story—the client in the waiting room, the attorney that will help her, the judge on the case. Their stories weave together to affect each other in ways we sometimes can never predict. The Dallas Volunteer Attorney Program (DVAP) has a story. Its story is over 32-yearsold—as old as many of the young lawyers practicing in Dallas today, and older than the “baby” lawyers who are infusing our profession with the optimism of their youth. A part of most Dallas lawyers’ stories is the Dallas Volunteer Attorney Program, its legal clinics across the city, and the clients who darken their doorsteps with their sad stories but also brighten their attorneys’ worlds with the hope that they can bring change. For most attorneys volunteering in our profession today, participating in pro bono in Dallas is a part of who they are. Most lawyers have donated their time, their money, or both to DVAP at some point in their careers. And most have likely referred a client or two in DVAP’s direction as well. And, like so many others, DVAP had its humble beginnings in the dreams of a few who just wanted to help. The story has been told many times, but it bears repeating, especially for the newest members of our legal community who may not have heard it before, but also for the
Focus
Rob Crain and Chris Lewis
rest of us who just like to reminisce. One of the best renditions of the story was printed in Headnotes two years ago on the 30th anniversary of the Dallas Volunteer Attorney Program by Will Pryor, one of the young lawyers who, in 1982, along with the late Judge Merrill Hartman and Chris Reed-Brown, started the first legal clinic that would become DVAP. The concept was simple—that they would just do a simple, good turn. It was the kind of good turn that they as lawyers could do—just give a little legal advice to people who could not afford to pay for it—and what happened next is something they never expected. Mr. Pryor says it
best, so I quote from his 2012 Headnotes article entitled DVAP Celebrates 30 Years: The Inky Blue Water: “We seriously thought that all we were going to do was show up at this neighborhood center every Tuesday night with notepads and dispense legal advice. We never thought about whether we would actually take cases. There was no “after this clinic we’ll start another one in East Dallas, then another one in West Dallas and we’ll get “awards.” There will be articles written and videos made, law firms will start to compete over which one is providing the most pro bono services, and bar associations all over the country will try to copy what we are doing but none will ever be as successful. And thousands and thousands of poor people will receive help and thousands of lawyers, judges, paralegals and court reporters will experience something really meaningful, and . . .” And, since then, the impact of that good turn has turned countless lives upside down in a good way from the lawyers who love pro bono because it reminds them why they became lawyers to the clients who desperately needed someone’s help. Attorneys have done everything from saving clients’ homes to saving their children. And the stories of the thousands of pro bono lawyers and clients who have worked together over the years have woven their histories together
gn pai am
by Alicia Hernandez
C �ce Jus
Crain Lewis LLP—Keeping the Dream Alive
ces s to
Focus Business Litigation
$600,000+
$550,000 $500,000
To Give: www.dvapcampaign.org.
October 2014 Volume 39 Number 10
Equ al A c
HEADNOTES
continued on page 18
$450,000 $400,000 $350,000
$300,000 $250,000 $200,000 $150,000 $100,000 $50,0000
Business Litigation
Halliburton’s Impact on Class Action Securities Litigation by Michelle Hartmann and Mason Parham
In the context of a Rule 10b-5 securities class action, a necessary condition is that plaintiffs relied upon the issuer’s alleged misrepresentation. But since the Supreme Court’s 1988 decision in Basic v. Levinson, plaintiffs in these cases have been able to invoke the “fraud on the market” theory to indirectly satisfy this reliance requirement. Pursuant to the theory, the price of the relevant security is presumed to have been changed by the alleged misrepresentation. This presumption is triggered if (1) the alleged misrepresentation was publicly known, (2) that it was material, (3) that the stock traded in an efficient market, and (4) that the plaintiff traded in the stock between the time the misrepresentation was made and when the truth was revealed. With the exception of materiality, plaintiffs must demonstrate satisfaction of these elements before class certification, but proving reliance indirectly through the fraud on the market theory has generally not been a significant roadblock to class certification for plaintiffs. Last term, the Supreme Court confronted whether to overturn the fraud on the market theory. In Halliburton Co. v. Erica P. John Fund,
Inc., the Court preserved the theory. However, it unanimously reversed the Fifth Circuit in another important respect, holding that defendants can rebut at the class certification stage the presumption of reliance by showing that the alleged misrepresentations had no impact on the price of the security. The decision stops short of any great innovations in Rule 10b-5 cases, but it provides defendants with powerful avenues of defense in these cases. Important for purposes of this article, it also is likely to spur an increased use of “event studies” by defendants at the class certification stage. At issue in Halliburton was whether a defendant could rebut the presumption of reliance at the class certification stage by showing that the alleged misrepresentation did not affect the market price of the stock—meaning there was no “price impact.” The Fifth Circuit held that such a showing was unnecessary to the predominance inquiry and therefore inappropriate at the certification stage. The Supreme Court disagreed, concluding: Price impact is . . . an essential precondition for any Rule 10b–5 class action. … Nor is there any dispute that defendants may introduce price impact evidence at the class certification stage, so long as it is for the
purpose of countering a plaintiff’s showing of market efficiency, rather than directly rebutting the presumption….After all, plaintiffs themselves can and do introduce evidence of the existence of price impact in connection with “event studies.” So what is an event study and how can defendants effectively utilize it to defeat class certification? An “event study” is a form of regressive analysis used to show the effect of a specific event on the price of a stock. An economist uses stock return data to prepare a statistical model to determine whether a particular event is associated with a price decline when other market factors are taken into account. The difference between what the stock’s price would have been absent the misrepresentation (the predicted return) and what it actually was (the actual return) shows the extent of the event’s impact on the price of the stock. There are numerous reasons for stock movement. In practice, event studies are complicated—particularly when, as is usually the case, multiple misrepresentations are in play and publication of the alleged misrepresentations is made through multiple sources on different dates. Nonetheless, having the ability to present this type of expert testimony before a class is certified is a powerful tool for defendants.
Inside 7 Jim Coleman Selected for Professionalism Award 13 Trial by Special Judge – An Underutilized Alternative 16 DBF’s Annual Diversity Scholarship Dinner Fundraiser 18 Protecting Confidential Business Information During Litigation
In response to Halliburton, we can anticipate the introduction of significant inquiry and dispute at the class certification stage regarding price impact, including through event studies. From a pleading perspective, we also can expect for plaintiffs to creatively plead Rule 10b-5 cases to allege the misleading statement as an omission, rather than an affirmative misrepresentation, because the plaintiffs rely on a different presumption in omission cases. Finally, from a D&O perspective, most insurers are claiming there will not be a noticeable decrease in D&O rates, at least not initially. That said, event studies are expensive, and one thing certain to accompany aggressively contested class certification proceedings is significantly higher front-end litigation costs. At least one insurer has taken Halliburton as an opportunity to offer a new endorsement. Within days of Halliburton, AIG announced an “event study endorsement” that ensures D&O policyholders will have immediate access to funds for class certification event studies with a zero dollar retention. So, for now, it is not a HN bad time to be an economist. Michelle Hartmann is a partner and Mason Parham is an associate in Sidley Austin’s Complex Commercial Litigation group. They can be reached at mhartmann@sidley.com and at mparham@sidley.com, respectively.
DBA MEMBER REMINDER – RENEW ONLINE TODAY!
You may renew your 2015 DBA Dues online starting TODAY! Go to the DBA website and under the Membership tab, click on Renew Online. Or you may send in your payment with your 2015 DBA DUES STATEMENT, which will be mailed to your office or home in late October! 2015 DBA DUES must be paid by December 31, 2014 to continue receiving ALL your member benefits. Thank you for your support of the Dallas Bar Association!
2 He a d n o t e s l D a l l a s B a r A s s o ciation
October 2014
Calendar October Events FRIDAY CLINICS
OCTOBER 3-BELO Noon
“Engagement Letters,” Suzanne Westerheim. (Ethics 1.00)* RSVP to kzack@dallasbar.org.
OCTOBER 10-NORTH DALLAS** Noon
“Intellectual Property Issues for the General Practice,” David Henry. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor The Dallas Bar Foundation. RSVP to kzack@dallasbar.org.
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
TUESDAY, OCTOBER 14 Noon
Antitrust & Trade Regulation Section “Clarity and Confusion: RICO Goes to the Supreme Court,” Randy D. Gordon. (MCLE 1.00)*
International Law Section “Protecting Against Anticompetitive Conduct Abroad?: The U.S. Experience Under the Foreign Trade Antitrust Improvements Act,” Jason Fulton and Jim McCarthy. (MCLE 1.00)*
Business Litigation Section “How You Too Can Win a $9 Billion Jury Verdict,” Mark Lanier. (MCLE 1.00)*
Celebrate Pro Bono Week—J.L. Turner Legal Association/DVAP CLE (MCLE 1.00)*
Government Law Section “Privacy in the Courtroom for Government Parties– Protecting Client Confidentiality in Litigation,” Peter Haskell. (MCLE 1.00, Ethics 0.25)*
DAYL Elder Law Committee
OCTOBER 17-BELO Noon
“Corporate Governance Evolutions,” Michael Stockham. (MCLE 1.00)* RSVP to kzack@dallasbar.org.
WEDNESDAY, OCTOBER 1 Noon
Employee Benefits & Executive Compensation Law Section “Chapter 11, CBAs, and Benefits! Oh, My!” Vicki Blanton. (MCLE 1.00)* Solo & Small Firm Section “Productivity: The Direct Link to a Fulfilled Life,” Pj Dunn. (MCLE 1.00)*
Juvenile Justice Committee
Public Forum Committee
5:30 p.m. Bankruptcy & Commercial Law Section “Individual Taxes in Bankruptcy—An Overview,” Leo V. Carey. (MCLE 1.00)*
THURSDAY, OCTOBER 2 Noon
Construction Section “Texas Lien Laws – a Statutory and Case Law Update,” Steve Kennedy. (MCLE 1.00)*
Noon
Family Law/ADR Sections “Creative and Ethical Solutions in Mediation,” Hon. Frances Harris, Hon. Vicki Issacs, Hon. Linda Thomas and Dawn Fowler, moderator. (MCLE 1.50, Ethics 0.50)*
1:30 p.m. Collaborative Law Section Tenth Annual Civil Collaborative Law Training. To register, or for more information, log on to www.collaborativelaw.us/events. (Total MCLE 3.00, Ethics 1.50)* 5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
8:00 a.m. Collaborative Law Section Tenth Annual Civil Collaborative Law Training. To register, or for more information, log on to www.collaborativelaw.us/events. (Oct. 9-10: MCLE 14.75, Ethics 1.50)* Transition to Law Practice Committee “Civility in the Legal Profession.” (MCLE 1.00)*
Judiciary Committee “Preserving the Independence of the Judiciary,” Hon. Doug Lang, Hon. Tonya Parker and Hon. Dale Tillery. Moderated by John Jansonius. (MCLE 1.00)*
CLE Committee
Law in the Schools & Community Committee
Publications Committee
Family Law Section Board Meeting
Christian Lawyers Fellowship
DAYL Lawyers Serving Children
FRIDAY, OCTOBER 3
6:00 p.m. J.L. Turner Legal Association
MONDAY, OCTOBER 6
8:00 a.m. Collaborative Law Section Tenth Annual Civil Collaborative Law Training. To register, or for more information, log on to www.collaborativelaw.us/events. (Oct. 9-10: MCLE 14.75, Ethics 1.50)*
Noon
Noon
Friday Clinic at Belo “Engagement Letters,” Suzanne Westerheim. (Ethics 1.00)* RSVP to kzack@dallasbar.org.
Tax Law Section “Hot Issues in Employment Tax Law,” Marianna Dyson. (MCLE 1.00)*
TUESDAY, OCTOBER 7 Noon
FRIDAY, OCTOBER 10
Noon
Corporate Counsel Section “From Good to Great: The Four Stages of Effective Legal Writing and Editing,” Wes Hendrix. (MCLE 1.00)* Tort & Insurance Practice Section “A Hacker’s Guide to Stowers—Strategies for Policyholders and Claimants,” Mike Huddleston. (MCLE 1.00)* DAYL Lunch & Learn CLE. Contact cherieh@ dayl.com for more information.
6:00 p.m. DAYL Board of Directors Meeting
WEDNESDAY, OCTOBER 8
Friday Clinic-North Dallas** “Intellectual Property Issues for the General Practice,” David Henry. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor The Dallas Bar Foundation. RSVP to kzack@ dallasbar.org. Trial Skills Section “The Top 10 Things I’ve Learned in 55 Years of Trying Lawsuits,” Fred Bartlit, Jr. (MCLE 1.00)*
MONDAY, OCTOBER 13 Noon
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group 11:30 a.m. House Committee Walk Through
Real Property Law Section “Three Foreclosure Methods for HOAs & Condos: Which, When & Why?” Marc D. Markel. (MCLE 1.00)*
Friday, October 17 | Noon | Belo KEYNOTE SPEAKER Paul M. Barrett
Managing Editor, Bloomberg Businessweek Author of Law of the Jungle
EARLY BIRD RATE: TICKETS: $45 | TABLES OF 10: $450 AFTER OCT. 3: TICKETS: $50 | TABLES OF 10 $500 Tickets online at www.dallasbar.org
DAYL Lawyers Promoting Diversity Committee DAYL Young Partners Committee
Annual Evening Ethics Program Bob Davis, Michele Boerder, John Browning, Hon. Royal Furgeson, Andy Sawyer, Frank Stevenson, II, Nancy Thursby and Justice Kerry FitzGerald, moderator. DBA members: $25, Non-members: $90. RSVP required, contact kzack@dallasbar.org. (Ethics 3.00)*
WEDNESDAY, OCTOBER 15 Noon
Energy Law Section Topic Not Yet Available
Health Law Section “What Every Healthcare Lawyer Needs to Know about Arbitration and Mediation,” Geoff Drucker, Cecilia Morgan. (MCLE 1.00, Ethics 0.25)*
Law Day Committee
Library Committee
Pro Bono Activities Committee
Non-Profit Law Study Group
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
THURSDAY, OCTOBER 16 Noon
Appellate Law Section “Family Law Appeals,” Georganna Simpson and Rebecca Tillery. (MCLE 1.00)*
Minority Participation Committee
DAYL Animal Welfare Committee
DVAP New Lawyer Luncheon. To RSVP, contact reed-brownc@lanwt.org.
Christian Legal Society
Dallas Gay & Lesbian Bar Association
WEDNESDAY, OCTOBER 22 Noon
Celebrate Pro Bono Week—“Steps to Guardianship” (MCLE 1.00)* Sponsored by DVAP, TYLA and DAYL Elder Law Committee
THURSDAY, OCTOBER 23 Noon
Criminal Law Section “Child Abuse Cases—Investigation and Trial,” Sheree Sweet. (MCLE 1.00)*
Environmental Law Section “Water Issues Relating to Natural Gas Extraction,” Dan Mueller. (MCLE 1.00)*
Mentoring Committee
3:30 p.m. Celebrate Pro Bono Week—“DVAP Small Business Legal Clinic” 6:30 p.m. Celebrate Pro Bono Week—Dallas Association of Bankruptcy Lawyers Casino Night, benefitting DVAP. Haynes and Boone, LLP (2323 Victory Ave Dallas)
FRIDAY, OCTOBER 24
8:00 a.m. Juvenile Delinquency Advanced Topics Seminar To register, go to www.dallasbar.org or contact ahernandez@dallasbar.org. Presented by the DBA Juvenile Justice Committee. (MCLE 7.00, Ethics 3.25)* Noon
Intellectual Property Law Section “Copyright Law Update,” Kevin Meek. (MCLE 1.00)*
Celebrate Pro Bono Week—DVAP Wills Signing Clinic at The Senior Source (3910 Harry Hines Blvd, Dallas)
SATURDAY, OCTOBER 25
1:30 p.m. Celebrate Pro Bono Week—DVAP/DAPA Wills Signing Clinic at Juliette Fowler Community (1234 Abrams Road, Dallas)
MONDAY, OCTOBER 27 Noon
Computer Law Section “Reasonable and Non-Discriminatory Patent Licensing Terms (RAND), Also Known as Fair, Reasonable, and Non-Discriminatory Terms (FRAND),” Roshan Mansinghani. (MCLE 1.00)*
Securities Section “Scatter-shooting & Other Quick Hits,” John Kincade. (MCLE 1.00)*
FRIDAY, OCTOBER 17
DAYL Solo & Small Firm Committee
Noon
3:30 p.m. DBA Board of Directors Meeting
Noon
Peer Assistance Committee
31st Annual Philbin Awards Luncheon
Mergers & Acquisitions Law Section “When the Sum of the Parts is Greater than the Whole: Spin-Offs and Carve-Outs,” Bill Howell and Steve Mann. (MCLE 1.00)*
6:00 p.m. Home Project Committee
THURSDAY, OCTOBER 9
Noon
St. Thomas More Society
4:00 p.m. DVAP Belo Legal Clinic. Volunteers needed. For more information, contact reed-brownc@lanwt.org.
31st Annual Stephen Philbin Awards Luncheon Recognizing Excellence in Legal Reporting. Keynote Paul M. Barrett. (MCLE 1.00)* Tickets $50/Tables $500. Register online at www. dallasbar.org. Friday Clinic at Belo “Corporate Governance Evolutions,” Michael Stockham. (MCLE 1.00)* RSVP to kzack@ dallasbar.org.
TUESDAY, OCTOBER 28
Probate, Trust & Estate Law Section “Capacity Issues,” Honorable Brenda Hull Thompson. (MCLE 1.00)* American Immigration Lawyers Association
6:00 p.m. Dallas Hispanic Bar Association
WEDNESDAY, OCTOBER 29
Noon
Labor & Employment Law Section “Wage and Hour Update: Recent Trends in Wage and Hour Litigation and Enforcement,” Brian Jorgensen. (MCLE 1.00)*
8:30 a.m. Dallas Bar Association Education Symposium Registration $35, includes lunch. RSVP to ahernandez@dallasbar.org. Noon Celebrate Pro Bono Week—“ProbateEvidentiary Hearing.” (MCLE 1.00)* Co-sponsored by DVAP and the DBA Probate, Trust & Estates Law Section
Senior Lawyers Committee
DAYL Foundation Board Meeting
Municipal Justice Bar Association
Transition to Law Practice Committee
MONDAY, OCTOBER 20
6:30 p.m. An Evening With Ken Burns Benefiting the Sarah T. Hughes Diversity Scholarships. Hosted by the Dallas Bar Foundation. Tickets $300. To purchase, log on to www.dallasbarfoundation.org or call (214) 2207487.
TUESDAY, OCTOBER 21 Noon
Franchise & Distribution Law Section “Managing Intellectual Property Issues in Franchising,” Wei Wei Jeang. (MCLE 1.00)*
5:30 p.m. Pro Bono Awards Celebration Help the Dallas Volunteer Attorney Program celebrate! RSVP to popee@lanwt.org.
THURSDAY, OCTOBER 30 Noon
Collaborative Law Section Topic Not Yet Available
FRIDAY, OCTOBER 31
DAYL CLE Committee
If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Cathy Maher at 214/220-7401 as soon as possible and no later than two business days before the seminar. All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION. *For confirmation of State Bar of Texas MCLE approval, please call Teddi Rivas at the DBA office at 214/220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact KZack@dallasbar.org.
October 2014â€
D al l as Bar A ssoci ati on l Headnotes 3
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4 He a d n o t e s l D a l l a s B a r A s s o ciation
October 2014
Headnotes
President's Column
The New Law School in the Neighborhood. Scott M. McElhaney
Last month, just before classes began at the new UNT Dallas College of Law, I had the great pleasure of attending a dinner at the Belo Mansion for the first entering class of law students at the new law school in the neighborhood. I will say more about some of the interesting and inspiring students I met later, but something I almost always hear when I tell people about the dinner is a question: “Why is a new law school opening now?” It is not a bad question given the changes in the economy over the past several years and how those changes have affected the practice of law. Last year, law school enrollment declined 11 percent from the prior year and 24 percent from 2010. While enrollment at some schools increased, two-thirds of the 202 ABA-accredited law schools saw declines in their student populations, and first year enrollment dropped over 10 percent at 81 of those schools. The last time law school enrollment was as low as it is today was 1975. Of course, the drop in law school graduates and newly-minted lawyers that accompanies the decrease in law school enrollment reflects the unescapable fact that the changing economy has dramatically altered the market for legal services. Simply put, the country has recently not needed as many lawyers as America’s law schools have been producing. Couple that fact with the high cost of law school tuition—the average law school tuition at private schools is over $41,000, public law school tuition for out-of-state students is not far behind, and the average tuition for in-state residents at public law schools is still almost $24,000 per year, and all of these costs have been rising faster than the rate of inflation—and it is pretty easy to conclude that some sort of adjustment in the number of people who want to attend law school was bound to happen. If job opportunities are not what they once were and the cost of law school is high and increasing, then many will conclude that attending law school is not worth the investment in time and money that it takes to become a lawyer. The practice of law has existed as a learned profession for centuries, but it is not immune from economic changes that affect other businesses as well. But there is a hole in this reasoning. It assumes that the market for the delivery of legal services works well and that the demand for those services has dropped or growth has slowed enough to discourage prospective law students from deciding to pursue a legal education. While there may be a decrease in the demand for lawyers in some segments of the economy, most commentators who have analyzed this issue disagree with the idea that this is true across the board. The legal needs of too many people—especially low to moderate income people and many small businesses—go unmet because there is a lack of affordable legal services. The high cost of legal education has a lot to do with this problem. One factor that many have said contributes to the mismatch between the supply of lawyers and the demand for affordable ser
2014 Sustaining Members of the Dallas Bar Association
The DBA sincerely appreciates the support of its Sustaining Members whose financial contributions enhance the preservation of the historic Belo Mansion. Ben Abbott Lafitte, Abbott, Wingo, Rehfeld & Holloway, PLLC Randolph D. Addison Addison Law Firm P.C. Frederick J. Barrow Godsey - Martin, P.C. William W. Camp William W. Camp, P.C. David Carlock Carlock-Gormley-Hight Carol Crabtree Donovan Carol Crabtree Donovan, PC Al Ellis Sommerman & Quesada, L.L.P. David L. Godsey Godsey - Martin, P.C Hon. Bonnie L. Goldstein Bonnie Lee Goldstein, P.C. James J. Hartnett, Jr. The Hartnett Law Firm Houston E. Holmes, Jr. Attorney at Law Kathleen E. Irvin Attorney at Law Justice Tom James Attorney at Law Kristina N. Kastl Kastl Law, P.C. Justin Martin Godsey - Martin, P.C.
Sawnie A. McEntire Beirne, Maynard & Parsons, L.L.P. Mike McKool, Jr. McKool Smith P.C. Tahira Khan Merritt Tahira Khan Merritt PLLC Nancy Arnole Nasher NorthPark Development Company Robert H. Osburn Robert H. Osburn, P.C. Lance A. Pool Steckler LLP Ellen Smith Pryor University of North Texas System
vices for all segments of society stems from the nature of legal instruction at many law schools. Law school is in part what has been called a “liberal arts education in law” and in part a place for professional training of lawyers. Many believe that the pendulum has swung too far away from the professional training, or trade school, part of legal education. These dynamics have combined to create what Associate Dean Ilene Seidman of the Suffolk University Law School in Boston and others call three “gaps” in legal education and legal services. The “practice gap” describes the difference between what law students learn in law school and what they need to know to begin to practice law. The “justice gap” is what happens when there are people in need of legal service who cannot afford to hire a lawyer or who do not qualify for legal aid. Finally, a “market gap” exists between the legal academy and its engagement with the legal profession and its practical and economic concerns. The fact that there are significant gaps in the system brings me back to why the opening of the UNT Dallas College of Law is so interesting. Dean (and former United States District Judge) Royal Furgeson Jr. and his team are doing something new and potentially groundbreaking. So while Texas’ tenth law school and the third law school in the Dallas-Fort Worth area has now opened, the law school is not trying to be like other law schools. To address the “practice gap” and the “market gap,” Dean Furgeson and Associate Dean for Academic Affairs Ellen S. Pryor have designed UNT’s curriculum to place an emphasis on learning by doing. While there will be plenty of instruction on legal doctrine, upper level courses will often have a “lab” component where students will apply what they learn to practical situations and begin to learn how to practice law. Students will also have the opportunity to work with and be mentored by practicing lawyers and learn how to negotiate, how to draft a contract, and even how to manage a practice. Many Dallas Bar Association members will be assisting in this part of the school’s work, and Dean Furgeson will always welcome more help. The new law school’s approach will also hopefully address the “justice gap.” UNT is a public law school, the first in the Dallas area. Because it is a new school, starting from scratch, it has an opportunity to control costs and keep tuition affordable for more students. The net annual tuition for full-time resident students for this academic year is just over $12,000. A principal aim of the school is to keep the debt burden that students carry after law school as manageable as possible. All of this brings me back to the students I met at the Belo. They know that they are less likely to land jobs at large, well-paying law firms than law students from more prestigious and wellestablished law schools. Dean Furgeson made this clear to them in his remarks at the dinner. But UNT has attracted a class of over 150 who have dreamed of becoming lawyers and who are committed to learning the craft of practicing law and serving clients who will hire them—hopefully, by offering reasonably-priced legal services to underserved people and businesses. Many of the students come from less-than-traditional backgrounds. One new law student was, until recently, a catcher in the New York Yankees organization. Another was a police officer, and still another student I met was a social worker whose experiences with the justice system for her young clients led her to want to go to law school so that she could represent vulnerable youths as a lawyer instead of as a social worker. The UNT Dallas College of Law represents a bold experiment. It aims to offer an affordable legal education to train lawyers to be able to serve traditionally underserved people and businesses. Dean Furgeson has been asking for help from members of the Dallas Bar, and we should all consider ways in which we can HN answer his call.
join us for the Dallas Bar Association’s
Fall Fiesta
Richard D. Pullman Kessler Collins, P.C. Glynis W. Redwine The Redwine Law Firm Michael L. Riddle Middleberg Riddle Group Scott R. Seideman The Seideman Law Firm Daniel J. Sheehan, Jr. Daniel Sheehan & Associates, L.L.P. Darryl J. Silvera The Silver Firm M.J. Trusty Guaranty Bond Bank Peter S. Vogel Gardere Wynne Sewell LLP Debra L. Witter The Witter Law Firm
To Honor Our Newest DBA Members and Welcome newly licensed attorneys!
Thursday, November 13, 2014 5:30 - 8:00 p.m. at Belo For more information or to become a sponsor, please contact Kim Watson, Membership Coordinator at kwatson@dallasbar.org or (214) 220-7414
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: Scott M. McElhaney President-Elect: Bradley C. Weber First Vice President: Jerry C. Alexander Second Vice President: Rob Crain Secretary-Treasurer: Audrey Moorehead Immediate Past President: Sally L. Crawford Directors: Tatiana Alexander (President, J.L. Turner Legal Association), A. Shonn Brown (At-Large), Wm. Frank Carroll, Laura Benitez Geisler (Vice Chair), Hon. Martin Hoffman, Hon. David Horan (Judicial At-Large), Michael K. Hurst (Chair), Krisi Kastl, Michele Wong Krause, Meyling Ly (President, Dallas Association of Young Lawyers), Karen McCloud, Courtney Barksdale Perez (At-Large), Sakina Rasheed (President, Dallas Asian American Bar Association), Mary Scott, Scott Stolley, Diane M. Sumoski, Robert L. Tobey, Aaron Tobin and Elisabeth A. Wilson (President, Dallas Hispanic Bar Association) Advisory Directors: Jonathan Childers (President-Elect, Dallas Association of Young Lawyers), Monica Lira (President-Elect, Dallas Hispanic Bar Association), Bill Richmond (PresidentElect, Dallas Asian American Bar Association) and Ebony Rivon (President-Elect, J.L. Turner Legal Association). Delegates, American Bar Association: Rhonda Hunter, Hon. Liz Lang-Miers Directors, State Bar of Texas: Lawrence Boyd, Wm. Frank Carroll, E. Leon Carter, John Jansonius and Florentino A. Ramirez 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: Deni Ackerman, Tina DeRobertis, Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Dawn Fowler and Jared Slade Vice-Chairs: Paul Clevenger and Meghan Hausler Members: Timothy Ackermann, Vincent Allen, Natalie Arbaugh, Benjamin Barmore, Joi-lee Beachler, Martha Beard-Duncan, Lisa Blackburn, Jason Bloom, Eric Blue, Leigh Bradford, Bobby Braxton, Kandice Bridges, Kelsey Brock, Sara Ann Brown, John G. Browning, Casey Burgess, Eliot Burriss, Stacie Cargill, Nancy Carroll, Lance Caughfield, Julie Chandler, Joel Crouch, Walter Dean, Lea Dearing, David Dodds, Adam Dougherty, Brandon Duck, Christopher Elam, Alexander Farr, J. Martin Futrell, Jenny Givens, Jennifer Gjesvold, Andrew Gould, James Gourley, Nadia Haghighatian, Susan Halpern, William Hammel, Jordan Harrison, Jeremy Hawpe, John Herring, Zachary Hilton, Kelli Hinson, Tyler Hokanson, Alison Hollender, Mary Louise Hopson, Mandy Jenkins, Soji John, Amanda Kelley, Cynthia Jon-Ubabuco, Yoon-Joo Jung, Tiffany Kamuche, Nicholas Kennedy, Adam Kielich, Michelle Koledi, Matthew Kolodoski, Susan Kravik, Norman Lofgren, Sixuan Lu, Margaret Lyle, Ashley Mason, Andrew Mayo, Jennifer McCollum, Christina McCracken, R. Sean McDonald, Scott McElhaney, Elizabeth “Jodi” McShan, John McShane, Michael Merrick, Christopher Meuse, Aaron Michelsohn, Wendy Mills, Constance Mims, Ethan Minshull, Paige Montgomery, Caitlin Morgan, Hon. Jim Moseley, Terah Moxley, Derek Neilson, Nick Nelson, Christopher Norcross, David Parham, Murali Pasupulati, Seth Phillips, Keith Pillers, Amiee Pingenot, Kirk Pittard, Irina Plumlee, Laura Anne Pohli, Ellen Pryor, Gabriel Reyes, Edward Rice, Morgan Richards, David Ritter, Carl Roberts, Richard Salgado, Joshua Sandler, Brandon Schwarzentraub, Calvin Scott, Ifeyinwa “Ify” Seales, Isabel Segarra, Micah Skidmore, Crystal Smith, Phillip Smith, Bradley Smyer, Yon Sohn, Thad Spalding, Timothy Springer, Jacob Stasny, Cori Steinmann, John Stevenson, Scott Stolley, Brian Stork, Amy Stowe, Billye Summers, Kristopher Tate, SaKinna Thomas, Pryce Tucker, Brent Turman, Peter S. Vogel, Whitney Warren, Bradley C. Weber, Suzanne Westerheim, Elisabeth Wilson 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 Director: Rhonda Thornton Executive Assistant: Mary Ellen Johnson Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewers: Marcela Mejia, Viridiana Mejia Law-Related Education & Programs Coordinator: Kimberlynn Taylor 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, Tina Douglas, Tar Sha Hickmon, Andrew Musquiz, Carmen Perales Program Assistant: Patsy Quinn Copyright Dallas Bar Association 2014. 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.
October 2014â€
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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
Focus
October 2014
Business Litigation
Sweet Success: Trial Tips from an Amateur Baker By Linda Richichi Stahl
If you had asked me ten years ago to give up five hours of my time to bake and decorate a cake, I would have told you to have your head examined. And then I had kids. Who have birthdays. And birthday parties. Which involve cake. So I learned to bake. But, like many lawyers, I am an overachiever. Which means if I am going to bake a cake, it cannot be round and ordinary. I have made cakes shaped like snakes, rockets, Sesame Street characters . . . you name it. The process is, surprisingly, really satisfying, and not all that different from the practice of law. Both require a mix of precision and gut instinct. And many of the lessons I have learned from both success and failure in the kitchen apply equally to the preparation of a case for trial.
Gathering Ingredients Ahead of Time
To make a great cake, you need the right ingredients. And you need all of them. There is nothing worse than getting halfway through a recipe only to
learn that you are missing something you need. Fortunately, most times you can zip down to the store and solve the problem. Not so when what you are constructing is a case for trial. A new case is an empty cupboard. You must fill the cupboard with evidence, always with an eye on the elements of the claims you need to prove (or defeat), for the elements are the “recipe” a lawyer must follow. If you get to trial and evidence supporting a claim is missing, there is no last-minute run to the store. The case is lost. So know the recipe ahead of time and refer to it often during discovery, ticking off the elements as you are able to prove them.
Structure and Planning
There are few things more painful than watching a lawyer flail around in court with no real plan for the presentation and order of evidence. You may know your case backwards and forwards, but the jury is new to this, and it serves them and your client to order witness testimony and evidence to tell your story in a way that is easily understood. Maybe that means chronologically; maybe thematically. But you have to have a plan and then execute
CREATIVE SOLUTIONS IN MEDIATION Wednesday, October 8, 2014 | Noon-1:30 p.m. | at Belo MCLE 1.50 Panelists will consist of former judges from Dallas, Denton and Collin County. RSVP to landonfamilylaw@earthlink.net Sponsored by DBA Family Law and ADR Sections and Dallas County Dispute Resolution Center
on it. It is the equivalent of building a cake with multiple tiers. To do it right, you have to know how many tiers there will be, and build from the bottom up. Each layer has internal supports to hold the cake above it, so that the cake, like a well-constructed case, builds upon itself. The final step is to drive a single dowel through all of the layers to hold the entire cake together. In the context of a case, this dowel is your trial theme.
The Importance of a Good Theme
A trial theme is the unifying thread that strings all the elements of a case together. The trial theme—trust betrayed, fairness, honesty—whatever it may be, should be present in the opening and closing, and in all the witness questioning in between. The theme drives what facts to emphasize and how you link them together. Be sure your theme resonates with your audience. You wouldn’t make a cake shaped like a rocket for a princess party, but it works great if the party theme is space travel. The theme gives you and your case focus, and it can be a source of
inspiration when you are working deep into the night on those finishing touches that can turn a so-so closing argument into a call to action.
Details Matter
The first time I made a cake shaped like a snake, I wanted to create a whimsical impression of scales. To achieve the desired effect, I piped hundreds of dots over the surface. It took longer, but that additional detail made a huge difference in the overall impression created by the cake. At trial, attention to detail runs the gamut from what you and the witnesses wear, to how organized your exhibits are. It shows in how facile you are in the use of courtroom technology, and in whether you read your opening statement or speak from memory. All these details are noticed by jurors—and they matter. They affect the overall impression you make. And the impression you leave with the jury can make all the difference. Know what you need, plan, pay attention. Good advice for trial, for cooking HN and for life.
Linda Richichi Stahl is a commercial litigator at Carter Scholer Arnett Hamada & Mockler. She can be reached at lstahl@carterscholer.com.
VOTE NOW! DALLAS COUNTY COURT STAFF AWARDS Vote for the Outstanding Court Staff Awards (court staff from the civil, criminal, family, juvenile, IV-D, and probate courts). Deadline to vote October 31. Finalists will be recognized at the DBA Judiciary Committee Awards Luncheon on Thursday, December 4. For questions, contact kzacki@dallasbar.org.
2015 INAUGURAL OF Bradley C. Weber A T T HE W ESTIN G ALLERIA D ALLAS
YO U d o n’t H AV E TO B E A B I L L I O N A I R E TO B E A P H I L A N T H R O P I S T.
Saturday, January 17, 2015 At Communities Foundation of Texas we make it easy for you to create your very own philanthropic or charitable fund. All it takes is a minimum opening balance of $10,000 to support the causes you believe in. For more information on how you can feel like a billion for a whole lot less, Call or email Geri Jacobs at 214-750-4255 or g jacobs@cftexas.org
The Dallas Bar Association will inaugurate its 106th President, Bradley C. Weber at the inaugural ball on Saturday, January 17. The black-tie ball will include dinner, dancing to music by the band New Ground and silent and live auctions.
Cocktails 6:30 p.m. | Dinner 7:30 p.m. Tickets $150; Tables $1,500 | Judiciary $100
5 5 0 0 C A R U T H H AV EN L A N E | DA L L A S , T E X A S | CF T E X A S .O R G /G I V I N G F U N D
To reserve your ticket, contact Shawna Bush at (214) 220-7453 or sbush@dallasbar.org. Visit www.dallasbar.org for more information!
Oct o b e r 2 0 1 4
D al l as Bar A ssoci ati on l Headnotes 7
Jim Coleman Selected for Professionalism Award served until 1946. Mr. Coleman graduated from Georgia Tech and completed his law degree at the University of Virginia. He received his LL.B in 1951 and was ordered to report to the Army again. When he reported to Fort Meade in Maryland, due to the uprising in Korea, he had his regulatory physical. But instead of sending him to war, he was sent to an address in Washington, D.C. Much to his surprise, he arrived at the headquarters of the CIA. After nearly three years of (secret) service with the Central Intelligence Agency, Mr. Coleman made his way to the law offices of Carrington, Gowan, Johnson & Walker in Dallas and co-founded Carrington, Coleman, Sloman & Blumenthal, LLP in 1970.
by Jessica D. Smith
Practicing for more than six decades, helping to break gender and race barriers along the way, and building a reputation of being one of the “most respected lawyers in Texas,” James E. “Jim” Coleman, Jr. defines professionalism and integrity. For these reasons and more, he has been selected as the 2014 recipient of the Morris Harrell Professionalism Award. The Dallas Bar Association and the Texas Center for Legal Ethics and Professionalism present this award annually to the “attorney who best exemplifies, by conduct and character, truly professional traits who others seek to emulate and who all in the bar admire.” The award will be presented at the DBA Annual Meeting on November 7, 2014. Jim Coleman, founding member of Carrington Coleman, personifies these qualities. “Jim Coleman has been the living embodiment of the highest standards of professionalism for decades, and he is justly admired in Dallas and across the country for the example he sets,” said DBA President Scott McElhaney. “If anything, presenting the Morris Harrell Professionalism Award to Mr. Coleman is long overdue. I am pleased that the Dallas Bar Association will add his name to the distinguished list of recipients of this award.” Embarking on his 91st year, Mr. Coleman is still an energetic member of the legal profession and goes to his office every day. His co-workers often seek his advice and opinion. He is an active mentor and he still loves the law. “I love being a lawyer because the law is the most beautiful thing you can do,” said Mr. Coleman. “It is about helping people.” Yes, he has practiced as a civil trial lawyer for more than 60 years. Yes, he has
The rest, as they say, is history Jim Coleman
had numerous high-profile and successful trials—too many to count. And yes, he has been recognized copious times by various legal publications as “best of the best.” But it is his veracity and authenticity that has propelled him to his status as trial legend and leader in the legal community today. Not afraid to fire clients who he found out weren’t telling the truth or when they refused to work with his female lawyers, Mr. Coleman is a leader not only in the legal community, but in life in general.
The beginning
He began his college career at Georgia Tech as an engineering student, where he met his wife to be, Margaret Sutherland. He put his college career on pause to enlist in the Army during World War II. After marching his way through Europe as part of Patton’s Third Army, he was sent to Camp Bastrop in Texas, where he
Throughout his 60-plus years of practicing law, Jim Coleman has had many intense and lengthy trials. He has done it all. He has represented plaintiffs, defendants, individuals, corporations, banks and partnerships in trials involving civil disputes of all levels of complexity and in a wide range of matters. He has tried cases in both state and federal courts in Texas, and has acted as arbitrator in business disputes. In the past several years, Mr. Coleman has represented firms and individuals in malpractice claims brought by federal agencies and private plaintiffs.
He has received many awards including: Dallas Bar Association Trial Lawyer of the Year, Dallas Bar Foundation Fellows Award, State Bar of Texas Presidents’ Award, American Inns of Court Foundation Professionalism Award, Texas Bar Foundation Lola Wright Award, American College of Trial Lawyers Samuel E. Gates Litigation Award, Texas Bar Foundation Outstanding 50 Year Lawyer Award and the State Bar of Texas, Litigation Section, Luther H. Soules, III Award. Among his recognitions are: Texas Monthly’s Texas Super Lawyers in business litigation each year since that award began in 2003; The Best Lawyers in America from 1983 to the present; Texas’ Best Lawyers; D Magazine as a Best Lawyer in Dallas; and he is listed as a leading individual of Texas commercial litigation in Chambers & Partners 2009 USA Client’s Guide. While his accolades and successes are wide-ranging and extensive, it is the bravery, honesty, tenacity and professionalism that have encompassed his legacy. A Silver Star for valor in World War II, service to his country and his fellow man, mentorship and dedication to his peers and the next generation…Jim Coleman is indeed a man and an “attorney who best exemplifies, by conduct and character, truly professional traits who others seek to emulate and who all in the bar admire.” HN Jessica D. Smith is the Communications/Media Director of the Dallas Bar Association. She can be reached at jsmith@dallasbar.org
Professionalism Tip
I am passionately proud of my profession. Therefore, “My word is my bond.” Find the complete Creed online at http://txbf.org/texas-lawyers-creed/. Excerpt from the Texas Lawyers Creed
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A Passion for Excellence www.texasfamilylawyers.com 214.520.8100 Dallas-Houston-Denton-Frisco
8 He a d n o t e s l D a l l a s B a r A s s o ciation
October 2014
TYLA Update by Rebekah Steely Brooker
Dorothy said it best in the classic movie, The Wizard of Oz, “There is no place like home.” As I grow older, this statement really rings true. My mom used to comment that it did not really matter where we went on vacation as long as there was a pool at the hotel. Like my siblings, I was perfectly content and would often beg for her to extend the trip. At some point I changed. I do not often jump in the hotel pool, and my desire for a trip to last forever was replaced with a longing to return home. There is something about sleeping in your own bed and not living out of a suitcase. Do not get me wrong, I do enjoy travelling, but I get just as excited to return to the comforts of home. As I start my year as President of
attending a happy hour the Texas Young Lawyers would benefit me or my Association (TYLA), I community. have had the opportunity I remember thinking, to observe several differnow that I was an attorney, ent bar organizations from I needed to be doing someacross the nation. I am thing more. The attorneys consistently in awe of what in my small town were the we do in Texas, and more leaders. They were conspecifically at home here sistently mentioned in in Dallas. I will admit. I the paper or at events for am biased. taking steps to better my My initial involvearea. From improving our ment in bar service began schools to improving a here with my admission local park, it seemed like in the 2006 DAYL Lead- Rebekah Steely Brooker an attorney had a hand in ership Class. Before that, my exposure to the DBA or DAYL was the process. I wanted to make the same attending the occasional CLE or happy type of impact, but did not know how hour. It was fine, but I did not really or where to start, that is until I became feel connected. You see, I wanted a member of the Leadership Class. The friendships formed in my involvement that made a difference, and at the time, I could not see how Leadership Class were instrumental in encouraging me to continue and expand my bar service. My initial involvement quickly evolved into chairing a DAYL Committee, and it continued to grow from there. Thanks to DAYL, over the years I have helped plant trees, paint schools, visit nursing homes and draft wills for veterans. And I quickly discovered the old adage is true “You get more when you give.”
“TOP 10 THINGS I’VE LEARNED IN 55 YEARS OF TRYING LAWSUITS” BY FRED BARTLIT, JR. of Bartlit Beck Herman Palenchar & Scott LLP Friday, October 10, Noon, at Belo MCLE 1.00 Sponsored by DBA Trial Skills Section
I still attend the occasional DBA or DAYL CLE or happy hour, but now I no longer feel disconnected. And I have seen firsthand how the friendships formed at a DBA/DAYL happy hour can be professionally beneficial, but more importantly I have seen the positive impact Dallas lawyers have made throughout community. As my involvement expanded to include State bar service, I quickly discovered that Dallas is a leader across the state and beyond in creating and implementing projects that serve both the public and the bar. “There really is no place like home!” Now I understand that many believe that bar service makes great demand on your time, with little return. I obviously feel different. Many of my clients have been referrals from Dallas lawyers I have worked with during bar service. But, I will admit, those referrals were not coming my way before I dove in and got involved, and I challenge you to do the same. Your participation level is up to you, but remember, “You get more HN when you give.” Rebekah Steely Brooker is President of the Texas Young Lawyers Association. She can be reached at rebekah.brooker@ solidcounsel.com.
The 2014 DBA Membership Directory is now available in print & online. Check out the directory and legal resource guide used by Dallas attorneys! To view the Online Directory and Legal Resource & Expert Witness Guide, go to www.dallasbar.org/pictorial and login. To request a copy of the new directory, contact pictorial@dallasbar.org.
Park Place Dallas Ticket to Drive Raffle ...Winner receives 2015 Mercedes-Benz GLA-Class
Runner-Up Receives:
Fairmont Choice Travel Package (Three-night stay with airfare for 2) Raffle tickets are $100 each — or 6 tickets for $500. Proceeds benefit the Dallas Volunteer Attorney Program, which provides legal services to the less fortunate in our community. No more than 1,500 tickets will be sold. Purchase raffle tickets online at
www.dallasbar.org/dvap/raffle.asp or at the DBA offices at the Belo Mansion (2101 Ross Avenue, Dallas, TX 75201). Drawing will be held at the DBA Inaugural Ball on January 17, 2015. The winner need not be present to win. The winner is responsible for all taxes, title and licensing. Prize is non-transferable. No cash option is available.
Oct o b e r 2 0 1 4
D al l as Bar A ssoci ati on l Headnotes 9
WE’RE HONORED TO HAVE YOUR TRUST.
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
October 2014
Prevent Chargebacks When Accepting Credit Cards from Your Clients LawPay Can Help You by Tracey Gavin
LawPay is a custom credit card payment solution designed for attorneys. LawPay meets the ABA and state requirements for managing client funds. As a member benefit of the Dallas Bar Association, law firms save up to 20–25 percent off standard credit card fees by using LawPay. Credit cards and debit cards are becoming the payment of choice
among consumers. According to a March 2009 report of the American Bankers Association, some 10,000 payment card transactions are made every second around the world. Based on these trends, attorneys can no longer ignore the importance of accepting credit cards, but should proceed with caution. One of the most common concerns with credit card acceptance is the risk of chargebacks which occurs when a client disputes a charge. Chargebacks allow a cardholder to temporarily not
pay for a specific transaction until the charge is investigated.
Most Common Reasons for Chargebacks:
1. The firm does not have permission from the cardholder to charge the card. 2. The cardholder says the firm did not provide the service agreed to by the cardholder. 3. The cardholder says the dollar amount charged was different than what was agreed.
Tips to Avoid Chargebacks:
DVAP’s Finest Art Anthony
Art Anthony is a Partner at Locke Lord LLP. Mr. Anthony has been involved in providing pro bono services at some level throughout his 16 years of practice. In 2001, Mr. Anthony was recognized with the Distinguished Pro Bono Service Award by the Dallas Bar Association. In addition, over the last several years, he has served as the national CoChair of Locke Lord’s Pro Bono Committee. Mr. Anthony has also frequently interviewed applicants at DVAP clinics, and handled SAPCR and other cases referred by DVAP. This year, he serves as a Co-Vice Chair of the DBA’s Pro Bono Activities Committee and on the PBAC’s Section Outreach Subcommittee. Thank you for all you do, Mr. Anthony!
1. Let clients know what your payment expectations are on the front end by including due dates, late fees, and payment options as part of your fee agreement. 2. Your client should initial the firm’s payment and credit card policies contained in fee agreements. 3. Confirm the name on the card. If the name is different from your actual client, obtain approval from the cardholder. 4. Obtain authorization from the cardholder for the amount being charged. 5. When accepting credit card information over the phone or through your website, ensure you have a charge authorization or previous client agreement to charge payments. 6. When receiving payments from relatives or other third parties, include the
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
specific client name, invoice number and matter number. Obtain a signature from the third party to confirm they are accepting responsibility for payment of another party.
What Happens When You Receive a Chargeback Notice:
1. Your client has filed a formal dispute for a specific charge. 2. Notice will generally be sent to you by mail from the card-issuing bank. 3. LawPay will attempt to notify you by email or phone to expedite the process. 4. Your firm will be asked by the cardissuing bank to respond within a 7-10 day time period. 5. To successfully defend an unfounded dispute, your firm must prove the work was performed and your client gave his or her permission to charge the card for that work.
About LawPay
If you are currently accepting credit cards, we encourage you to compare your current fees with LawPay. And, LawPay is available to support your firm with chargeback disputes. To learn more contact (866) 376-0950 or www.LawPay. HN com/dallasbar.
Tracy Gavin is the Marketing Director for LawPay. She can be reached at tgavin@affinipay.com.
NEED TO REFER A CASE? The DBA Lawyer Referral Service Can Help. Log on to www.dallasbar.org/dallas-lawyer-referral-service or call (214) 220-7499.
THE CORRECT WAY TO ACCEPT PAYMENTS! Trust your credit card transactions to the only merchant account provider recommended by 39 state and 49 local bar associations! Separate earned and unearned fees 100% protection of your Trust or IOLTA account Complies with ABA & State Bar guidelines Safe, simple, and secure! Reduce processing fees and avoid commingling funds through LawPay.
866.376.0950 LawPay.com/dallasbar Process all major card brands through LawPay
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THE DALLAS BAR ASSOCIATION AffiniPay is a registered ISO/MSP of BMO Harris Bank, N.A., Chicago, IL
Oct o b e r 2 0 1 4 â€
Dal l as Bar A ssoci ati on l Headnotes 11
Unsurpassed expertise. Unrivaled compassion. And a relentless focus on keeping your case moving toward the best possible outcome. At GoransonBain we take a reasoned approach to family law. We help maintain a constructive atmosphere while achieving the best possible outcomes for our clients. Our approach not only helps control costs and minimizes the disruption to our clients’ daily lives, but has also earned us a reputation as one of the premier family law firms in Dallas.
GoransonBain Partners Back Row, left to right: Lindley Bain, Chris Lake, Curtis Harrison, Thomas Goranson, Thomas Greenwald, Clint Westhoff, Aimee Pingenot Front Row, left to right: Jeff Domen, Kathryn Murphy, Paula Larsen, Angie Bain, Beth Maultsby
Goranson Bain, PLLC Dallas 214.373.7676 Plano 214.473.9696 Austin 512.368.4384 :: goransonbain.com
12 H e a d n o t e s l D a l l a s B a r A s s o ciation
Column
October 2014
Ethics
Legal and Ethical Issues of Undisclosed Telephone Recordings by Hershel R. Chapin
In Texas, where there is actual or anticipated litigation, an attorney who is a party to a telephone conversation is permitted to gather evidence of opposing party admissions by recording the conversation. See generally, 18 U.S.C. § 2511(2)(d); Tex. Penal Code § 16.02; Alameda v. State, 235 S.W.3d 218, 223 (Tex. Crim. App. 2007); Becker v. Computer Sciences Corp., 541 F. Supp. 694, 702 (S.D. Tex. 1982). Where such recorded party admissions are relevant, they generally are discoverable, admissible and constitute business records. Tex. R. Civ. P. 192.3(b); Tex. Code Crim. Proc. § 39.14(a) Tex. R. Evid. 401, 402, 801(e)(2) & 803(6). Failure to anticipate the possibility of undisclosed telephone recordings could give rise to inadvertent disclosures either by attorneys or by represented parties. Alternatively, the failure to make lawful, undisclosed recordings could cause important opportunities for evidence preservation to be missed, and could engender harm to clients’ legal interests. Also, the failure to respond appropriately to an unlawful, undisclosed telephone recording
could prejudice clients’ legal interests. The ethical dimensions of making such undisclosed telephone recordings have shifted during the past decade. Opinion No. 575 (Nov. 2006), issued by the Professional Ethics Committee for the State Bar of Texas, is arguably the most recent authority directly on point. This non-binding advisory opinion concluded that, under the current versions of the Texas Professional Rules of Disciplinary Conduct, absent an affirmative act of deception and absent an unlawful purpose, a lawyer in Texas is permitted to make (and use) an undisclosed recording of telephonic conversations between the lawyer and another person in Texas (who could be the lawyer’s own client). Opinion No. 575 expressly reversed over 25 years of precedent emanating from Ethics Committee Opinions No. 392 (Feb. 1978) and No. 514 (Feb. 1996). In so doing, and until the Texas Supreme Court weighs in on the issue, the Professional Ethics Committee has very likely dispelled the notion that non-disclosure of phone recordation by a recording attorney is inherently dishonest. Thus, based on the current, applicable, Texas and federal authorities,
A Night in Venice DVAP Pro Bono Awards Celebration Wednesday, October 29, 5:30 to 7:30 p.m. • At the Belo Mansion RSVP by October 23 to popee@lanwt.org.
it seems reasonably clear that, for a lawyer to be permitted to make undisclosed recordings of telephonic conversations with opposing parties, all of the following criteria must be met: 1. All parties to the phone conversation must be within and subject to the jurisdiction of Texas; 2. The recording attorney must be a party to the conversation and must consent to the recording; 3. The recording attorney must not engage in dishonesty with regard to the recording of the conversation; the recording attorney must not create the false impression that the conversation is not being recorded; 4. The recording attorney must not have an “unlawful purpose”; 5. The recording attorney must not otherwise be prohibited by state or federal law from recording the conversation (e.g., certain telephonic court proceedings cannot be recorded without permission of the Court and/or other parties). What happens when a recording attorney in a situation matching the above criteria is confronted with the question: “Are you recording this conversation?” Obviously, the intrepid lawyer would be prohibited from responding with or suggesting the answer is: “No.” However, it seems that under a strict interpretation of the legal authorities considered in Opinion No. 575, our hypothetical lawyer would not be prohibited per se from making an honest, but evasive response. An honest, but evasive response might arguably be appropriate pursuant to Texas Disciplinary Rule of Professional Conduct 1.05(b). As a simple, added pre-
caution against complications arising from allegations of dishonesty, it might be advisable to include a disclaimer for phone calls stating: “This call may be recorded.” The potential penalties for making undisclosed recordings in violation of the Texas Penal Code, 18 U.S.C. § 2511, or other jurisdictions’ applicable recording laws should be foremost in the mind of the Texas lawyer who feels inclined to record a phone conversation with an opposing party. Such penalties could include injunction, exclusion of evidence, civil and disciplinary liability, sanctions, fines, punitive damages and even criminal liability. See, e.g., Tex. Civ. Prac. & Rem. Code § 123.004; Tex. Penal Code. § 16.02(f); Tex. Code Crim. Proc. §§ 18.20 & 38.23(a). Furthermore, prior to making an undisclosed phone recording, one must consider that such an act cannot be undone without potentially generating liability exposure vis-a-vis spoliation of evidence. Tex. Penal Code § 37.09(d)(1); Tex. R. Civ. P. 215. Under specific circumstances, the words spoken over the telephone to a lawyer in Texas could legally and ethically be replayed in a courtroom. Lawyers would be well advised to familiarize themselves and their clients with the applicable rules (including the five-factor criteria), benefits, risks, and penalties pertaining to lawfully and unlawfully undisclosed recordings so as HN not to get “hung up.” Hershel R. Chapin is an attorney with the law firm of Weinstein, Pinson & Riley, P.S. He may be reached at hchapin@gmail.com.
O c t o b e r 2 0 1 4
Focus
D al l as Bar A ssoci ati on l Headnotes 13
Business Litigation
Trial by Special Judge – An Underutilized Alternative by Judge Marty Lowy
Lawyers and their clients, when faced with a high-stakes business dispute (or a complex family law case), generally follow one of two paths to resolution: civil litigation, culminating in a trial, usually to a jury; or arbitration, culminating in a hearing before either a single arbitrator or a panel of arbitrators. Both processes have their advantages and their drawbacks, all of which are well known to lawyers who practice business litigation. There is a third path, little known and even less used, that offers several of the advantages of both litigation and arbitration, while eliminating many of the drawbacks: trial by special judge as authorized by Chapter 151 of the Texas Civil Practices and Remedies Code. The requirements for trial by special judge are straightforward: • The parties must file a written motion requesting the referral, waiving the right to trial by jury, stating the issues to be referred (which can be all or any of the issues in the case) and stating the time and place agreed upon for trial and the name of the special judge. The motion also must state that the special judge has agreed to hear the case and the fee the parties have agreed to pay the special judge; • The special judge must be a retired or former judge who has served for at least
four years as judge of a district court, statutory county court, or appellate court, has developed substantial experience in her area of specialty, has not been removed from office or resigned while under investigation for discipline or removal, and completes at least five days of continuing legal education annually; • All statutes and rules governing procedure and evidence apply to the trial; • The trial before the special judge must be reported by a qualified court reporter; • Unless otherwise ordered by the referring judge, the trial may not be held in a public courtroom; and, • The special judge’s verdict must be submitted within 60 days after conclusion of the trial. Costs of the trial by special judge, including the fees of the judge and the court reporter, are shared equally by the parties. Advantages of a trial by special judge as compared to ordinary litigation include privacy, the ability to select a judge with experience suited to the case, and the ability to set the trial for a date certain without competing with other cases on the referring judge’s docket. The parties will avoid the expense of preparing—perhaps several times—for trial settings that do not pan out. The unpredictability and additional time and costs of trial by jury can be eliminated. If the entire case is
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Obviously, the cost of a trial by special judge is a factor to be considered. However, as indicated above, there can be offsetting savings derived from the certainty of the trial setting. The cost of a trial by special judge also should be comparable to the cost of arbitration with a single arbitrator, and will almost certainly be much less than arbitration before a panel. Privacy, certainty, the ability to obtain a prompt decision from a judge agreed upon by the parties, and the right to appeal if that decision might be out of line. Consider HN the third path. Judge Marty Lowy is judge of the 101st Civil District Court. He can be reached at mlowy@dallascourts.org.
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referred to the special judge, there should be ready access to the judge for the resolution of discovery disputes and other pretrial matters. As compared to arbitration, the principal advantages are that the special judge will try the case under all applicable statutes and rules, and that the parties’ rights of appeal are fully preserved. Many parties who have been through high-stakes arbitrations have found that the savings of time and money purportedly offered by arbitration are largely illusory. And it has become increasingly common for the losing party to engage in protracted litigation seeking to vacate the award, even though the grounds for vacating an award are extremely limited, and do not include errors of fact or law committed by the arbitrator(s).
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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
October 2014
Stay Alert to Avoid Liability for Data Breaches by Richard Blunk and Jesse Shumway
Stories about corporate data breaches and the growth of identity theft, particularly in the retail sector, appear all too frequently in today’s media. These crimes place both in-house and outside counsel under increased pressure to design and implement safeguards against liability. Texas adopted the Identity Theft Enforcement and Protection Act in 2005, but the statute has been amended frequently since then, including a substantial expansion in 2013. The Texas statute requires businesses to implement and maintain “reasonable procedures, including taking any appropriate corrective action,” to protect against unlawful use or disclosure of “Sensitive Personal Information” (or SPI) collected or maintained in the course of business. SPI is generally defined as a person’s name in combination with his or her social security number, driver’s license number, financial account information, or health care information, if not encrypted. The statute imposes a few more specific requirements, such as destruction of SPI using specific methods, as well as notification to affected consumers in the event of
a data breach that involves SPI. The notification requirement was amended in 2013, and its current scope is controversial and unclear. The requirement now applies to two categories of data hosts: (1) a “person who conducts business in this state and owns or licenses computerized data that includes” SPI; and (2) a “person,” no matter where located, who “maintains,” but does not own, SPI. A business that falls into the first category must notify any individual as quickly as possible whose SPI is “reasonably believed” to have been compromised., A business that falls into the second category must immediately notify the information’s “owner or license holder” of such a breach. Neither of these two categories is limited to breaches involving Texas residents. Unfortunately, there is still no reported case law providing guidance on the reach of these two categories or the circumstances under which notification is required. Nor does the statute’s legislative history provide any direction. Therefore, companies are left for now to interpret the law’s nebulous wording—“maintains,” “reasonable procedures,” “appropriate corrective action,” etc.—for themselves. For
example, data centers that provide managed services appear to fall into the second category, and thus would seem to incur notification obligations under the statute even if they do not know whether any of the computerized data they “maintain” contains SPI. Also, whether companies that simply provide rack space actually “maintain” data is an open question. The statute’s expanded notification requirements have given rise to constitutional concerns. Critics charge that the law adopts the minority approach and has an impermissible extra-territorial reach. This is so because owners and licensees of SPI related to individuals that reside in other states may be required to provide notification even if not required to do so by the law of the state of the individuals’ residence. Moreover, any company that “maintains” SPI is subject to the Texas statute, no matter where the company is located, where the “owner” of the information is located, or where the breach occurred. Texas courts have yet to address whether Texas law or the law of an affected individual’s state of residency have any preemptive effect on each other, let alone whether the Texas statute’s extra-territorial reach is constitutional.
Until Texas courts provide some concrete guidance, the considerable size of statutory penalties—$2,000 to $50,000 for each violation—warrants great caution. Companies that store SPI should implement a comprehensive plan to comply with the law. Such a comprehensive plan should perhaps include the following general steps: (1) adopt and implement a notification plan that satisfies Texas law, but also be prepared to provide notification in accordance with the laws of all 50 states; (2) limit the ability of company employees to store SPI on flash drives or transmit it via email; (3) require encryption of all data that may include SPI, and sharply limit the distribution of encryption keys; (4) for companies that “maintain” data that may include SPI, include a provision in all hosting contracts requiring their clients to comply with all data-breach laws and to notify them of any applicable breach; and (5) purchase appropriate HN cybersecurity insurance. Richard A. Blunk is Managing Director and General Counsel of Thermopylae Ventures, LLCand can be reached at rblunk@ thermopylaeventures.com. Jesse Shumway is a partner at Carrington Coleman and can be reached at jshumway@ccsb.com.
Juvenile Delinquency Advanced Topics Seminar
Dallas Bar Association Education Symposium
Friday, October 24, 8:25 a.m. to 4:30 p.m. MCLE 7.00 (Ethics 3.25) For rates and registration information, log on to www.dallasbar.org
The Jack Lowe Sr. Award for Community Leadership will be presented during the luncheon.
Presented by the DBA Juvenile Justice Committee
Registration $35, includes lunch. Contact Alicia Hernandez at (214) 220-7499 or ahernandez@dallasbar.org
Wednesday, October 29 ~ 8:30 a.m. ~ Belo Mansion
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Focus
Dal l as Bar A ssoci ati on l Headnotes 15
Business Litigation
Minority Shareholder Oppression Cause of Action Struck Down by Brad Jackson and Mark Taylor
Reversing more than 25 years of appellate court decisions, the Texas Supreme Court recently held that minority shareholder oppression is not a recognized cause of action under common law. The Court also ruled that the remedy for appointment of a receiver when the majority engages in oppressive conduct is only available when such conduct cannot be justified under the business judgment rule. Ritchie v. Rupe. Since a 1987 decision by the Houston Court of Appeals, no fewer than seven Texas appellate court decisions had recognized and developed standards for minority shareholder oppression. These standards permitted a shareholder to force a buy-out of his shares if the conduct of the majority substantially defeated the reasonable expectations of the minority shareholder, or demonstrated a lack of probity and fair dealing in the affairs of the company to the prejudice of the minority. The decision in Ritchie reverses this entire body of law, and leaves many wondering whether investors may think twice before taking minority positions in Texas-based business start-ups. Rupe Investment Corporation was
controlled by four individuals who had inherited their interests from the company’s founders and early owners. When Ann Rupe married one of these shareholders, she was treated as an outsider and told she would “never get any money in this family.” After her husband died in 2002, Rupe twice asked the family to purchase her shares, but received offers that she believed were far below fair value. She then engaged a broker to sell her shares to a third party, but the majority stockholders refused to meet with potential purchasers. Rupe believed such a tactic would make it impossible to sell her shares. Rupe brought suit alleging oppressive conduct and breach of fiduciary duty, and a jury found in her favor and ordered a buy-out of her shares for $7.3 million. The court of appeals found the majority’s conduct to be oppressive as a matter of law and upheld the forced buy-out. In determining that this remedy was inappropriate, the Supreme Court relied heavily upon the language of Section 11.404 of the Business Organizations Code, which authorized the appointment of a receiver if the conduct of the majority was “oppressive,” provided that all other remedies available at law or in equity were inadequate. Where other courts had
interpreted the “availability of equitable remedies” language as the implicit recognition of a court’s equitable powers to fashion other remedies such as a forced buy-out, the Supreme Court found this interpretation turned the statute’s “language on its head – treating it as expanding rather than restricting the relief the statute provides.” The Supreme Court further applied a cost-benefit analysis to determine whether a common law cause of action should be recognized. The court concluded that while oppression of minority interests was foreseeable and could be expected to cause substantial harm to minority investors, existing remedies were sufficient to protect those interests. Minority investors could insist upon the corporation invoking “close corporation” status, bring derivative lawsuits, or enter into shareholders’ agreements to protect their interests. Furthermore, in determining the extent of the limited protection provided by Section 11.404, the Supreme Court held that the majority’s abuse of their authority with the intent to harm a minority shareholder must be “in a manner that does not comport with the honest exercise of their business judgment,”
that leads to “a serious risk of harm to the corporation.” In doing so, the court relied upon a 1966 opinion from the Texarkana court of appeals that invoked the business judgment rule in a receivership action, and expressly overturned a holding to the contrary by the court of appeals in Ritchie. The dissent noted that Texas is the first state to eliminate the possibility of a forced buyout as an available equitable remedy in cases of oppression, and criticized the majority for allowing the business judgment rule to be invoked in these cases because the act of oppression rarely harms the corporation as a whole. In doing so, the majority negated the very foundations of protection that courts have long afforded to minority shareholders in closely held corporations. In the wake of Ritchie, aggrieved minority owners must focus their complaints on breaches of fiduciary duty. The decision also puts a premium on the negotiation of shareholder agreements and other means of protecting owners of HN minority interests. Brad Jackson is a commercial litigator at The Law Offices of Brad Jackson. He can be reached at brad@bradjackson.com. Mark Taylor is a partner at Powers Taylor LLP. He can be reached at mark@powerstaylor.com.
Pro Bono Immigration Opportunities By Bill Holston and Lauren Wallis
Hanging in the Houston Asylum office of the great state of Texas is a quote from President Obama. It reads: For over two centuries, this nation has been a beacon of hope and opportunity, a place that has drawn enterprising men and women from around the world who have sought to build a life as good as their talents and hard work would allow. And generation after generation have come to these shores because they believe in America all things are possible. These words hold infinite promise, but fall short when immigrants are unable to navigate our complex legal system. You have the chance to help; to represent a child fleeing gang violence in Honduras, to help an immigrant survivor of domestic violence, to assist a religious minority seeking asylum to escape certain death, to assist a survivor of human trafficking, or to help someone seek legal status in the United States so they can remain with their loved ones. You have the chance to make a difference and hear fascinating stories from people around the word. Are you ready to change someone’s life? Here are a few organizations who present pro bono opportunities. Human Rights Initiative of North
Texas: HRI conducts trainings and places cases with pro bono lawyers through a volunteer coordinator. Staff attorneys provide supervision and support on cases. HRI has opportunities to assist Unaccompanied Minors with Special Immigrant Juvenile Visas, and needs volunteers to screen clients, as well as take cases. The cases have a family court and Immigration Court component. HRI represents immigrants with Asylum cases in Immigration Court and the Bureau of Immigration Appeals. HRI also has opportunities with U Visas and VAWA cases. http://hrionline.org Catholic Charities of Dallas, Citizenship and Immigration Services: Catholic Charities of Dallas provides legal orientation and legal services to unaccompanied immigrant minors who qualify for a Family-Sponsored Petition, U-Visa, T-Visa or Special Juvenile Immigrant Status (SIJS). Currently, it needs attorneys, preferably who speak Spanish, who are willing to learn family court and immigration court procedures involved in the representation of unaccompanied immigrant children. Attorney volunteers may also assist during its weekly legal screenings. If you are interested in helping as an attorney volunteer, please contact Jenna Carl or Jaime Treviño at attorney@ccdallas.org.
DBA Annual Meeting The Annual Meeting is Friday, November 7, in the Pavilion. A reception begins at 3:30 p.m. and the meeting begins at 4:00 p.m.
If you wish to run for a position, you must contact Cathy Maher cmaher@dallasbar.org (214) 220-7401, no later than Thursday, November 6th, at 5:00 p.m. to receive information about service on the Board. You are required to complete a biographical form prior to the meeting.
Mosaic Family Services: Pro bono attorneys may work with Mosaic to prepare all or portions of immigration petitions before submission to USCIS. Attorneys may work on VAWA, U, or T nonimmigrant petitions. Mosaic’s Pro Bono Coordinator will partner with volunteer attorneys and tailor projects that are compatible with the volunteers’ interest and availability. All volunteers will be partnered with a mentor attorney and do not need to have experience in immigration law. http://mosaicservices.org/how-wehelp/legal-representation/ Dallas Hispanic Bar Association: In an effort to maximize representation of the influx of Unaccompanied Minors, the Dallas Hispanic Bar Association is collaborating with HRI and Catholic Charities to screen clients, recruit and train lawyers and place cases with volunteers. http://dallashispanicbar.com/eventsnews/unaccompanied-minors-action-committee/ Justice for Our Neighbors: JFON provides pro bono and low cost legal services: i.e. Family Petitions, Adjustment of Status, Naturalization & Citizenship, Asylum, Violence Against Women Act (VAWA), U Visas, T Visas, Temporary Protected Status, and Special Immigrant Juvenile
Bill Holston is the Executive Director of Human Rights Initiative of North Texas and can be reached at bholston@hrionline.org. Lauren Wallis is an associate at Petty & Stewart, PLLC and can be reached at lwallis@pettystewart.com.
Innovative Solutions for Complex Matters Litigation Resolution and Negotiation Specialist 27 Years of Exclusive ADR Practice Mediator/Arbitrator/Settlement Counsel Online Interactive Calendar
Following the meeting all DBA resident members with an e-mail address on file will receive an online ballot. If you wish to vote online, please make sure the DBA has your e-mail address by visiting the DBA website at www. dallasbar.org, or call Kim Watson at (214) 220-7414 before 5 p.m. on Thursday, November 6, 2014.
Jeff Abrams, Esq.
jeff@abramsmediation.com Cell: 214-289-4427
Please update your spam software to allow the e-mail ballot to enter your inbox from DallasBar@BallotBoxOnline.com. If you receive an online ballot but wish to vote by hard copy, please contact Cathy Maher at (214) 220-7401 to request that a paper ballot be mailed to you.
Status. Because of its small staff, JFON has limited ability to supervise pro bono lawyers, but is open to working with lawyers who do not require supervision. Asylum, trafficking, and TPS matters are handled free of charge. www.jfondfw.org/ Asylum: For a person who has suffered past persecution and/or maintains a well-founded fear of future persecution on account of his or her race, religion, nationality, membership in a particular social group, or political opinion. Special Immigrant Juvenile Status (SIJS): Available to children who are victims of abuse, abandonment, or neglect by one or both parents. If the juvenile is successful, she may remain in the United States, work legally, and in five years apply for U.S. citizenship. Adjustment of Status (AOS): Process for changing one immigration status, or undocumented status, to the status of a lawful permanent resident. U-Visa: Immigrant victims of crime T-Visa: Immigrant survivor of HN Trafficking
MEDIATION AND ARBITRATION, INC abramsmediation.com
5720 LBJ Fwy, Ste 560 Dallas, TX 75240-6328 Tel: 972.702.9066 Fax: 214.526.5880
16 H e a d n o t e s l D a l l a s B a r A s s o ciation
October 2014
Foundation Announces Annual Diversity Scholarship Dinner Fundraiser staff report
The Dallas Bar Foundation (DBF) is pleased to announce that award-winning documentarian Ken Burns will talk about his latest film at the organization’s 4th annual “An Evening With…” dinner fundraiser. The event will be held on the evening of Monday, October 20, 2014. At the event, Burns will share a special excerpt from his new documentary film on the Roosevelts and participate in an intimate chat about this fascinating political family. Talmage Boston, of Winstead P.C., who has previously led public interviews with prominent figures such as Henry Kissinger and David McCullough, will interview Burns on-stage. This annual event, which debuted in 2011, raises funds for the Foundation’s Sarah T. Hughes Diversity Scholarship program for minority law students. Previous events, which have featured David Brooks, Doris Kearns Goodwin and Senator Bill Bradley as keynote speakers, were sold out, and organizers are expecting a similar response this year with Ken Burns. “We are honored to have Ken Burns, a prominent documentarian and leader in the filmmaking industry, join us for this year’s dinner fundraiser. Having Talmage Boston, a DBF Trustee, serve as host is a real bonus for us,” said Mark Sales, DBF Chair, recalling a 2011 interview featuring Burns and Boston discussing Burns’ film “Prohibition.” “We are also deeply appreciative of the Dallas legal community’s support of the Hughes Diver-
Ken Burns
sity Scholarship program and the cycle of success the scholarships create for the students. It is so essential that we do all we can to enhance the diversity pipeline, and this program is a critical part of that effort. The evening event is a great venue for law firms to entertain guests and meet Ken Burns.” A celebrated documentarian, Burns often serves as writer, cinematographer, editor and music director in addition to producing and directing. Burns arrived on the scene with the Oscar-nominated “Brooklyn Bridge” (1981) and in 1991
EVENING ETHICS
Tuesday, October 14 ~ 6:00 to 9:00 p.m. At the Belo Mansion (Ethics 3.00) SPEAKERS Hon. Royal Furgeson, Jessica Haseltine & Jennifer Wondracek, UNT Dallas College of Law Michele Boerder & Bob Davis, K&L Gates, LLP Andy Sawyer & Frank E. Stevenson II, Locke Lord LLP Nancy Thursby, Regional Counsel, State Bar of Texas John G. Browning, Lewis Brisbois Bisgaard & Smith LLP Hon. Kerry FitzGerald, Fifth District Court of Appeals, Moderator $25 for DBA members. ($90 for non-members). Price includes light buffet, available until 7:00 p.m. Register online at www.dallasbar.org by October 3 For more information, contact kzack@dallasbar.org.
VERDICT
achieved enormous success with the 11-hour documentary “The Civil War.” Burns won two Emmys for “The Civil War” documentary, which broke all previous ratings records for public TV. “The Civil War” became the first documentary to gross over $100 million. His technique of taking a single photograph or painting, slowly zooming in and out and making it seem like a lengthy action sequence by utilizing close ups, music, voice overs and sound effects has been called the “Ken Burns effect.” “The Roosevelts: An Intimate History” chronicles the lives of Theodore, Franklin and Eleanor Roosevelt, three members of the most prominent and influential family in American politics. It is the first time in a major documentary television series that their individual stories have been interwoven into a single narrative. The series will appear on PBS stations nationwide in October 2014. The scholarship program, which the event supports, was established in 1981 and promotes diversity in the Dallas legal profession by attracting exceptional minority student leaders to Dallas. To date, the Foundation has awarded over $1.9 million in Hughes Scholarships to 51 students. The program’s newest Hughes Scholar is Sarah Sible, a recent graduate of The University of Texas at Austin, where she earned a B.A. in history with a minor in Spanish. Sible is now a first-year law school student at the SMU Dedman School of Law, with a graduation date of
2017. Sible grew up in East Dallas before her family moved to Frisco where she graduated from high school. “In school I enjoyed practically every single subject that I came across,” said Sible, who describes her curiosity as an important quality in her personal makeup. Sible’s interest in the law dates back many years. Growing up, it was spending time with her father, a Dallas police officer for over 15 years, which initially piqued her curiosity. When Sible was young, her father decided to go back to school and earn a degree in criminal justice. “He was already working full time, so this created a hectic schedule for him,” said Sible, who often rode with her father from their home in East Dallas to his classes. “On more than one occasion, he had me read his study material aloud to him while he drove to an exam,” she added. “These were times I especially enjoyed, and I was able to retain the information quite well, considering my age. Learning aspects of the law through those readings, along with information learned later from my Dad’s police work, established an avid interest within me in the legal field.” It is her sincere hope to practice law in Dallas. For information about table sponsorships and tickets for “An Evening With Ken Burns,” please contact Elizabeth Philipp at the Dallas Bar Association, (214) 220-7487, or go to www.dallasbar foundation.org/evening_signup.asp for HN more information.
10th Annual Civil Collaborative Law Training October 9-10, 2014, at Belo MCLE 14.75, Ethics 1.50 (for both days) To register, log on to www.collaborativelaw.us/events Sponsored by the DBA Collaborative Law Section
Texas Rangers Baseball DBA Discount Tickets Now Available! If you are interested in Season Tickets, Suite Rentals or Group Tickets, please contact Jeremy Christopher at (817) 273-5173.
Dallas Diversity Task Force
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and The Honorable Tonya Parker, 116th Judicial District Court, Dallas County
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Sponsored by: Dallas Asian American Bar Association Dallas Hispanic Bar Association J.L. Turner Legal Association Dallas Women Lawyers Association Dallas Gay and Lesbian Bar Association
October 2014
Focus
Dal l as Bar A ssoci ati on l Headnotes 17
Business Litigation
How to Play a Losing Hand by Richard M. Hunt
After losing a jury trial early in my career I asked the judge if I could contact the jury to learn what I had done wrong. His answer was simple, but devastating: “You don’t need to talk to the jury. Your problem was that your client was wrong.” I played a losing hand until I lost because I did not know what else to do. There is a better way. Start by being the first to know you have a losing case. Knowledge is power. The more you know, and the earlier you know it, the better off you and your client will be, especially with a bad case. This could be the subject of an entire article, if not a book, but the basics are simple: Accelerate your knowledge of the case. Know the elements of every claim and defense, and investigate the facts by interviewing witnesses and reviewing documents in your client’s control before discovery starts and, if possible, before you file your complaint or answer. Most clients want to postpone the expense of investigation, so 9 times out of 10 your opponent will be ignorant at the beginning of the case,
which gives you a temporary advantage no matter how bad your case is. Learn how to negotiate. A huge majority of cases settle before trial, so the skill most likely to help your client is negotiation. This is especially true when you have a bad case, because trial is not a great alternative. Go to seminars, read books, and watch your peers. If you know more about negotiation than you opponent you have a clear advantage, and if you know less, you’ll never get the best deal. Be honest with yourself and your client. It is hard to tell a client their case is bad, and harder to admit you cannot win it, but critical self-examination is the best way to impress your clients over the long run. Sooner or later you client will learn that the case has problems, and if you wait for months and incur big legal fees before you reveal problems that were clear from the start, you will not be any kind of hero. Be willing to start the conversation about settlement. Many lawyers believe that starting a conversation about settlement is a sign of weakness. That is the attitude that leads to settlement based on exhaustion because neither
side wanted to be the first to talk. Somebody has to be first, and if you know your case needs to settle, it might as well be you. If you have accelerated your knowledge of the case and your opponent has not, then at the beginning of the case you are in your strongest position because you know there is a problem and your opponent does not. When negotiating, remember that certainty of outcome and avoiding costs are worth something to your opponent. You do not have to focus on the strengths and weaknesses of your case when you can talk about the fact that early resolution saves everyone money and aggravation. And do not forget that if you are likely to lose, almost any early settlement is better than a long battle. Again, honesty to yourself and client is the key to whatever success is possible. Analyze cost and outcome. If you cannot get out of the game, at least bal-
Teach the Law to Dallas ISD Students–Nov. 17-21 Volunteers are needed to teach in Middle School and High School classrooms this fall. Times and class sizes vary by school. Curriculum is available. Sign-up no later than October 27. Please email ktaylor@dallasbar.org with your available volunteer date(s)/times.
ance cost and likely outcome developing your discovery and trial strategy. Bad cases require a laser sharp focus on your opponent’s weaknesses, whatever they are, and your strengths, weak though they may be. Do not waste your client’s money or your time on long shots, and count it as a victory if you can minimize damages or avoid an outright loss at trial. If you practice long enough you will get bad cases, and sometimes you will have no real choice but to wait for a jury to tell you that you were wrong. Most of the time though, if you gain an early advantage in knowledge of the case, evaluate your position honestly, negotiate early and spend your client’s money wisely, you will at least know that you served your client well, which is, after all, what we are hired to do. HN Richard M. Hunt is a member of Hunt Huey PLLC. He may be reached at rhunt@hunthuey.com.
BECOME INVOLVED IN HIGH SCHOOL MOCK TRIAL
Help Organize Events & Awards
Become an advocate for mock trial
Tournament tabulators
Develop and oversee the mock trial events/awards for students. Help recruit compe��on volunteers and conduct trainings to educa�on schools, students and teacher coaches on mock trial. Work behind the scenes at the compe��on to help tabulate scores for the high school mock trial compe��on.
Mock Trial Compe��on Dates: January 24‐31, February 7 and March 5‐7, 2015 See website for details: www.dallasbar.org.mocktrial To volunteer, or for more informa�on: ktaylor@dallasbar.org | (214) 220‐7484.
Our differences makes us stronger.
At Special Counsel, we are committed to recruiting, hiring, retaining and promoting the very best professionals—regardless of background, race, ethnicity or other difference. We maintain strong relationships with minority bar associations, sponsor diversity-focused events and award annual scholarships to minority law students. Through these efforts and more, we are building a workforce that recognizes and values different perspectives and talents. To find out more, please contact us today. specialcounsel.com/dallas 800.737.3436 214.698.0200
18 H e a d n o t e s l D a l l a s B a r A s s o ciation
Focus
October 2014
Business Litigation
Protecting Confidential Business Information During Litigation by Jason E. Winford
A business involved in litigation runs the risk that its confidential business information will be disclosed to opposing parties or to the general public. Such a disclosure could potentially put the information in the hands of competitors and possibly cause the loss of trade secret protection. This risk is especially great in claims alleging trade secret misappropriation, breach of confidentiality or noncompetition agreements, where disclosing such information may be necessary to prove or defend the case. Court proceedings and records are generally public, so that anyone can attend the trial or obtain copies of court filings. Obtaining such information is made even easier now that most court records are readily available on the Internet. Moreover, under the broad rules of discovery, a party must disclose to the other side information and documents relevant to the claims and defenses, even if they constitute a trade secret or confi-
dential business information. Fortunately, there are several measures that parties and their counsel can implement in order to minimize the risks of disclosure. Obtain a Protective Order. Both the Texas and federal rules permit judges to enter orders protecting the confidentiality of discovery. In addition, the Texas Uniform Trade Secrets Act (TUTSA) directs courts to take steps to protect trade secrets during litigation, and creates a presumption in favor of granting protective orders to preserve the confidentiality of trade secrets. Any party can file a motion requesting a protective order, but parties who anticipate exchanging confidential information should discuss the issue early in the case and submit to the court an agreed protective order that applies throughout the lawsuit. There are several essential terms that should be included in any protective order: • Procedures for designating informa-
BELO LEGAL CLINIC
Tuesday, October 21 ~ From 5 to 8 p.m. ~ At the Belo Mansion VOLUNTEERS NEEDED! Bilingual attorneys and support (Spanish Language) are needed. Lawyers report at 6:15 p.m. to provide legal advice to those who cannot afford an attorney. Paralegal and law student volunteers report at 5:00 p.m. to perform intake/financial screening and assist with clinic coordination. Mentorattorneys will be available to assist. Sponsored by the Dallas Volunteer Attorney Program. To volunteer, email reed-brownc@lanwt.org.
Texas Liquor Liability Practice Manual In this brand new resource from Texas Lawyer, author Spencer Markle — a veteran trial lawyer who has handled over 100 dram shop cases from both sides of the docket, including the seminal case, FFP Operating Partners v. Duenez — explains the process from initial investigation through a jury trial. You will find summaries of pertinent statutes and case law; tips on prosecution and defense strategies; and trial advice on the pros and cons of expert testimony. The book also includes a CD of sample forms and an e-book platform with searchable text.
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tion as confidential and for resolving disputes over the designations; • A prohibition on using or disclosing confidential information outside the lawsuit; • A prohibition on disclosing the information except to certain persons, such as the parties, counsel, expert witnesses, consultants, court reporters, and court personnel; • Procedures for filing confidential information with the court, such as redacting sensitive data from documents or filing documents under seal; • A requirement that the parties return or destroy the confidential information after the end of the lawsuit; Another option is a provision allowing especially sensitive information to be designated “attorneys’ eyes only.” However, since this information cannot be shown to the party, such a provision can hamper counsel’s ability to prepare for trial and should be used cautiously. Seal Court Records. Litigants can also ask the court to “seal” the records in the case. Sealed records and proceedings are removed from public access, which is ideal for protecting sensitive business information. In federal court, the court can seal its records if it finds that the interests favoring nondisclosure outweigh the presumption in favor of public access. In Texas courts, Rule 76a specifically governs the sealing of court records. The rule requires a written motion and a public hearing held on least 14 days’ notice. The movant must also prove a specific interest that outweighs the presumption of openness and that there are no less restrictive means to protect that interest than sealing the records. In addition, the TUTSA expressly permits the sealing of
records to protect trade secrets. Nonetheless, the strict procedures under Rule 76a require that counsel plan ahead when attempting to seal court records in Texas state court. Mediation/Arbitration. Another option is to resolve the dispute through mediation or private arbitration. Early mediation can greatly limit the public disclosure of confidential business information that would occur during the lawsuit. Not only might the dispute be quickly and quietly resolved, but the law and the parties’ mediation agreement require confidentiality. Private arbitration is also effective for protecting business information. Arbitration allows the dispute to be heard in a private setting, rather than in a public forum. The parties can also tailor the arbitration to the nature of the dispute, for example by agreeing that the proceedings will be kept confidential. Even if there is no pre-existing arbitration agreement, the parties can still mutually agree to submit their claims to arbitration, either presuit or after suit is filed. Given the risks of disclosure inherent in litigation, businesses and their counsel should consider and implement as early as possible in the dispute one or more of these measures to protect their trade secrets and confidential business information. Waiting too late in the proceedings or until the lawsuit is over may result not only in public disclosure of sensitive business information, but also a loss of confidentiality or trade secret protection that HN cannot be undone. Jason E. Winford is an attorney with Jenkins & Watkins, P.C. and is board-certified in Labor & Employment Law by the Texas Board of Legal Specialization. He can be reached at jwinford@ jenkinswatkins.com.
Keeping the Dream Alive continued from page 1
to make DVAP and really the concept of pro bono in our community what it is today—something to be embraced and supported, something to be proud of, and something that has connected us as lawyers. Thirty-two years ago, it was Merrill Hartman, Will Pryor, Ellen Pryor, Bill Grabinski and Brenda Green out at the clinics. Today, it is Pam St. John, Anjulie Ponce, Lisa Shirley, Jeff Moore, Glen Hill and many more. And, then there is everything in between—so many nights and so many clinics, so many volunteers and so many clients since 1982. Rob Crain and Chris Lewis, partners in Crain Lewis, L.L.P., have their own stories. They were just kids in 1982 when Will Pryor and Judge Hartman ventured out to the Bethlehem Center. It is no surprise that they were not thinking of legal advice to the poor or of even being lawyers for that matter. Their minds were on other things. Chris Lewis was 12 years old, in the seventh grade and dominating on the gridiron for the Bonham Bulldogs in Temple, Texas. He spent his Saturday nights in front of the TV watching The Von Erichs and The Great Kabuki wrestle at the Sportatorium in Dallas and occasionally sneaking in some (gasp!) MTV. Back in 1982, Rob Crain was a freshman at Highland Park High School. He was a freshman who, like all freshman, had serious concerns on his mind, but these were not concerns about law licenses, clients or cases. They were concerns about driver’s licenses, the girls who dated guys with wheels, and the fact that he had neither. To pass the time until better days ahead, he played as many sports as possible. They grew up, just like all those baby
lawyers born in 1982 grew up, and DVAP grew up, and their kid dreams turned into dreams of being a lawyer. These dreams became a reality for Rob and Chris as they graduated law school and started practicing together, forming their own firm Crain Lewis, and representing personal injury and criminal law clients. And, at some point along the way, their passion for representing people included a passion for supporting pro bono and the clients and the attorneys who so truly believe in justice for all. Judge Hartman’s dream and Will Pryor’s dream became Rob’s and Chris’ dream. Crain and Lewis’ faith in our justice system and confidence in pro bono is now also woven into the rich tapestry that is DVAP, the many faces and names of a group of people helping each other, accessing justice, and making Dallas a more fair place. They are not newcomers to the cause, but steadfast supporters. This year, Crain Lewis extends again their helping hands to DVAP with a $30,000 gift to the Equal Access to Justice Campaign benefitting DVAP. Since 2004, they have donated over $100,000 to DVAP. In this time of non-profit funding shortages, their financial support makes it possible for the clinics to continue uninterrupted, the clients to be welcomed openly, volunteers to volunteer, and the dreams of the last 32 years to continue. Thank you Rob Crain and Chris Lewis for your support. Thank you pro bono volunteers and donors for keeping the dream alive, and thank you Judge Hartman, Will Pryor, Chris Reed-Brown for just wanting HN to help. Alicia Hernandez is the director of the Dallas Volunteer Attorney Program and the DBA director of community services. She can be reached at ahernandez@dallasbar.org.
October 2014
Dal l as Bar A ssoci ati on l Headnotes 19
Classifieds
October
EXPERT WITNESS
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, business valuation, credit damage 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.” 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.
OFFICE SPACE
North Dallas office available with two other attorneys in recently- remodeled Club Corp building at Josey and LBJ. Free covered parking, 24-hr security, good deli. Office is 15’ X 16.’ Use of conference room, file cabinet, and book shelf included. Secretary available at hourly rate. $900/ month. Call Kay at (972) 243-1999. Central Expressway | Park Cities – Varying sized offices and cubicles are available for rent. Office with several long-established law practices. Perfect for Solo practitioners and 2-to-3 partner groups. Your space comes with turnkey services, amenities and updated technology at affordable pricing. For pictures, floor-plan and greater detail, please visit
us at www.MeadowsLawCenter.com or call (214) 368-7880 Ext 4413. Dallas Arts District: Offices available within law firm overlooking Klyde Warren Park. From 190 to 320 sq. ft.; shared space includes conference room, kitchen. Please respond to Dallas Bar Association, Box 14-09, 2101 Ross Avenue, Dallas, Texas 75201 or call 214-220-1210 ext 102. Offices available for rent with law firm located in Downtown Dallas Class A, arts district building. Amenities include conference room, law library, secretarial station, kitchen, parking garage, photocopy/ scanner/postage/facsimile and related amenities. Contact Laura at (214) 922-9265. Pearlstone Suites in the West End of downtown Dallas are unique new law offices combined with professional law firm marketing services to help attorneys launch or grow a solo practice or small firm. Suites include these amenities at no additional cost: Direct dial phone with personalized voicemail and call forwarding, high speed internet access, IT support, law office reception, on-site building security, conference rooms, kitchen and coffee service, fitness center, building directory listing, all utilities and CAM charges. Marketing services available include websites, branding, brochures, strategy, coaching and more. Pre-leasing discounts available. Visit www.pearlstonesuites.com or call (214) 4463943. Large office and/or secretarial office available 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 $850.00 for the unfurnished large office and $300.00 for the furnished secretarial office. Call (214) 520-0600. Office Space - Nicely decorated Suite in North Dallas - “Class A Building”. 2 window offices available to share with a Board Certified Family Law specialist. Great
Pro Bono Week 2914
DVAP Pro Bono Awards Wednesday, October 29—Belo—5:30-7:30 p.m. For more information, contact Ellie Pope at popee@lanwt.org. Sponsored by the DBA Pro Bono Activities Committee and the Dallas Volunteer Attorney Program in conjunction with the ABA National Pro-Bono Celebration.
Pro Bono Week Schedule of Activities
location and easy access from either LBJ or Central Expressway. Free covered parking, large conference room, copier, highspeed internet, phones, kitchen and on site new health facility are all included. $800/month. Call (214) 580-8000 or email us at kim@buholzlaw.com
of October. Arbitrators are provided an honorarium for each arbitration they perform. Interested candidates should send a resume to arbitrations@dallas.bbb.org or fax it to 214-740-0348. For details or more information, please call (214) 740-0336.
Walnut Glen Tower (Walnut Hill/Central) Tasteful, bright, spacious offices in Class A building with views of downtown over lake with fountain. 16-story glass atrium with glass elevators and waterfall. Practice in a relaxed yet professional 4-lawyer environment which includes administrative stations, conference room, kitchen, copier, phone system, reserved garage parking, on-site restaurant and other amenities. Why not have quality of life while you practice? Please call (214) 750-1600 for details.
Legal Aid of NorthWest Texas (“LANWT”) currently has various openings throughout its firm at various locations. We are a Section 501(c)(3) nonprofit Texas Corporation. LANWT provides free civil legal services to eligible low-income residents in 114 Texas Counties. If you are interested in joining a great team that offers you the opportunity to rapidly develop litigation skills in court, a generous health benefits package, and the ability to be of service to others, we encourage you to visit LANWT’s career site at www.lanwt.org.
POSITION AVAILABLE
POSITION WANTED
Small AV rated North Dallas firm seeks experienced civil litigator, probate experience preferred. Send resume in confidence to: Dallas Bar Association, Box 14–07, 2101 Ross Avenue, Dallas, Texas 75201. Business litigation firm seeks experienced trial attorney with first chair trial, deposition, and appellate experience. Some existing hourly clientele a plus. Compensation negotiable. Firm offers first rate office facility, a tenured, experienced support staff, and good work environment. Send cover letter and resume in confidence to oaklawnfirm@aol.com North Dallas. Intellectual Property Law firm located at Lincoln Centre is looking for a Patent Agent. At least 3 years’ experience in patent prosecution. Engineering or Computer Science preferred. Email: dallasipfirm@ gmail.com for more information. Health Law Attorney Needed. Experience in healthcare regulatory and payment matters - Medicare, Medicaid, licensing, transactional or criminal law services to healthcare providers. We prefer a problem solver with a disciplined work ethic, excellent writing skills, good attitude who is selfmotivated and will participate in marketing & seminar presentations. Please email resume to markskennedylaw@msn.com. Come practice law with (not for) a really great 14-lawyer firm in beautiful offices in Campbell Centre. Walk in the door and start practicing immediately. We will take care of virtually everything else. Bring your own staff or we will supply. Contact Steve Palmer @ (214) 242-6440 or spalmer@pamlaw.com. See our website at www.pamlaw.com. Arbitrators Needed. The Better Business Bureau of Dallas is seeking candidates interested in serving as an arbitrator in its binding arbitration program. Suitable candidates will receive training at the end
Real Estate and Finance Attorney. Over fifteen years major firm experience representing lenders, buyers and sellers of commercial real estate, including multi-state portfolios. Full or part time. Willing to maintain own insurance. Dallas area. Prefer real estate section of law firm. cpant@verizon.net.
SERVICES
Established Dallas Photographer. Studio & On Location Portraits. 360 PanoTour Interface. Evidence Gathering Drone. Client Privacy. Consulting. Attorney References. blue line, 1410 Easton Road, Dallas 75218. (214) 731-7028. www.bluelinestudio.us Email: bluelinestudio@att.net. 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. 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. Energy Acquisition(s): I buy any size royalty(ies), mineral(s), working interest(s) and try to reach (and pay) the sellers asking price. I am a licensed attorney and have been making oil and gas purchases for 35 +/- years. E-mail to bleitch@prodigy.net or call Brenda at 1-800760-9890 or (214) 720-9890 for a friendly and quick analysis and response. To place an affordable classified ad here, contact Judi Smalling at (214) 220-7452 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.
Founding Member of NAPPS
Volunteers needed for all Legal Clinics
October 21 Noon-1:00 p.m. J.L. Turner Legal Association/DVAP CLE (MCLE 1.00) October 21
4:00-8:00 p.m. Belo Legal Clinic
October 22
Noon-1:00 p.m. Steps to Guardianship CLE (MCLE 1.00)
October 23
3:30-5:30 p.m. Small Business Legal Clinic
October 23
6:30-10:00 p.m. DAYBL Casino Night, benefitting DVAP
October 24
9:00 a.m.-Noon Wills Signing Clinic at The Senior Source
October 25 9:00 a.m.-Noon DAPA/DVAP Wills Signing Clinic at Juliette Fowler Community Center October 29 Noon-1:30 p.m. Probate-Evidentiary Hearing CLE October 29
5:30 p.m.
Pro Bono Awards
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20 H e a d n o t e s l D a l l a s B a r A s s o ciation
October 2014
KoonsFuller is proud to welcome Fred Adams
Divorce Child Custody Complex Property Division Business Owners in Divorce Child Visitation Asset Tracing Appeals Paternity Pre- and Post-Marital Agreements Enforcement of Orders
“ “
Post-Divorce Modification Collaborative Law
Fred will add experience, leadership and depth to the KoonsFuller team. His diverse background and experiences will be a great asset to KoonsFuller’s extensive resources. We could not be more excited to welcome Fred aboard. CEO – Ike Vanden Eykel
Dallas | Houston | Plano | Southlake | Denton www.koonsfuller.com