Bulletin September 2015
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resident’s page
Our celebration of Magna Carta’s 800th anniversary: 11:45 a.m. on September 8 at the City Club.
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f our Declaration of Independence and Constitution have a cornerstone, it is Magna Carta. Forced on an English king 800 years ago by rebel noblemen, it limited the powers of government, announced freedom from religious persecution, and guaranteed due process. These concepts were central to by David E. Keltner our founding fathers’ ideas of liberty and government. While I am proud to think that we improved on the English noblemen’s efforts, we clearly owe them a debt of gratitude. Today, debates rage over states’ rights vs. individual rights, religious rights vs. individual rights, and the separation of power. From a historical standpoint, we would do well to look to Magna Carta to help resolve these debates. And that is what we will do. Our September membership meeting speaker is SMU Professor Joshua Tate. We are lucky to have him because he has done significant research into Magna Carta. They ought to name a Paris street for him. Kleber Miller taught me all I know, but not all he knows. By any measure, Kleber is a remarkable lawyer—a master in the courtroom, an expert negotiator, and a good human being. He also loves being a lawyer, and his passion for the law is infectious. You may not know that Kleber, together with then Senator and now Justice Bill Meier, saved the State Bar of Texas from extinction. In 1979, the Sunset Commission recommended the Bar be abolished with regulation of the profession turned over to the Texas Supreme Court and discipline enforced by the Texas Attorney General. All the remainder of the State Bar activities, including CLE, the Texas Family Practice Manual, the Texas Real Estate forms, and PJC would be abolished. All property and monies of the State Bar would escheat to the state. The Sunset Commission believed that the legal profession should not regulate itself. Governor Bill Clements seemed to agree. He refused to talk to the Bar leadership and let it be known that he would not lift a finger. But the Sunset Commission had not bargained on Kleber and then State Bar President Cullen Smith. They lobbied the legislature, explaining the importance of self-regulation and the value of the State Bar CLE programs. Lieutenant Governor Bill Hobby was also on board, but immediately before the end of the session, he was reluctant to call for a vote on the Bar Bill for fear of defeat. The question was what to do: table the vote and trust the Texas Supreme Court to exercise its inherent ability to control the legal profession or call for a straight up vote. The Lieutenant Governor turned to Senator Meier, who turned to Kleber. Never one to back down, Kleber replied, “Let’s see who our friends are.” That day the lawyers of Texas had a lot of friends. The State 1
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Bar Bill passed with support on both sides of the aisle, and especially from minority representatives. Since that vote, the State Bar has not only survived every Sunset challenge, the Sunset Commission has recommended selfgovernance of the legal profession as a model for other professions. Fast forward to May 2015, just two months ago, and my trip with my son, Jack, to the Normandy DDay beaches. I took Jack to France so that we could retrace his Granddad’s and my Dad’s footsteps in the Battle of Normandy. Dad was wounded in the battle of St. Lo and never again walked without pain and a limp. I am proud of Dad, but that is another story. Then we took off for Paris. On the obligatory bus tour in the City of Light, we turned onto Rue Kleber. Perhaps I was overly enthusiastic, but when I saw the street sign, I whooped and hollered. Jack was embarrassed, but I kept clicking iPhone photos. All the other tourists wondered why the crazy Texan in boots was so excited. These two photos were taken from the roof of the bus. I think Kleber will like that a pub is named in his honor. I suppose the French may have had another reason to name the street, but I am not buying it. I think they wanted to capture the dignity of our Kleber Miller for themselves. And you can’t convince me otherwise. Digital Bulletin As you know from previous messages, the Tarrant County Bar Bulletin has gone digital. Our research indicates that a new digital version will lower costs, increase the viability of advertising, and for most people, be an easier read. We certainly recognize that some of our membership want to continue to receive a printed copy; and that will be available for any member for a $20 annual charge. In the near future, we will upgrade our technology so that individuals who read the Tarrant County Bar Bulletin digitally can link continued on page 7
Tarrant County Bar Association
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817.338.4092 ■ Fax 817.335.9238 website: www.tarrantbar.org e-mail: tcba@tarrantbar.org 2015-2016 Officers
ontents
Features
3 4 7 8
1:00 PM Shotgun Start • $125 per Golfer 4 Person Team Scramble. Register as a team or individually. Winning Team, Closest to the Pin, and Longest Drive SPONSORSHIPS Sponsorships are Tax Deductible and available for $400
CLE Membership Luncheon
Your sponsorship will include a tee box sign, recognition in promotional materials, recognition at the awards ceremony and tournament, and 10% off 1 team entry.
President. . . . . . . . . . . . . . . David E. Keltner President-Elect . . . . . . . . . . . Robert G. West Vice President . . . . . . . . . . .Dabney D. Bassel Secretary-Treasurer . . . . . . . . . Nick Bettinger
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Directors Term Ends 2016 Leslie Barrows John Cayce Lance Evans
of the public about their rights and responsibilities under the law.
All sponsorship funds will benefit the Tarrant County Bar Foundation, which was established in 1997 to support and expand its commitments to “justice, service, and professionalism” by funding important community service projects. These projects include crucial legal services to needy citizens and education
For more information please contact clark.rucker@kellyhart.com 6600 Mira Vista Blvd, Fort Worth, TX 76132 www.miravistacountryclub.com
Entry Form
Term Ends 2017 Tawana Gray Gary L. Medlin Jason C. N. Smith
2015 Charity Golf Tournament Registration Form Players:
1.
2.
3.
4.
Please submit the entry form with your check made payable to TCYLA to 1315 Calhoun Street, Fort Worth, TX 76102.
Go Tarrant County!!! State Bar of Texas Annual Meeting Awards You may also fax your form to 817-335-9238 or email it to cindy@tarrantbar.org. Contact Clark Rucker at clark.rucker@kellyhart.com for further questions.
Golfers: x $125 =
$
Apply Sponsor Discount (10%)
$[
]
Separate $400 Check to TCBF Enclosed Total Amount Paid
$
2015-2016 Appointed Directors
Judicial Profiles Judge Charles “Chuck” Vanover and Judge Carey Walker
Geff Anderson Dwayne Smith
TARRANT COUNTY BAR ASSOCIATION PRESENTS Tarrant County Young Lawyers Association
Seminar Series
President
ETHICS
Brown Bag
2015 Fall Amber Altemose 2016 Spring Erin Cofer
SEPTEMBER 18, 2015
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Join us for ETHICS CLE credit at Tarrant County Bar Association Office, 1315 Calhoun Street, Fort Worth
Departments Immediate Past President 1 President’s Page Michael J. Henry 5 Tarrant County Young Lawyers Association Executive Director 5 Transition to Practice Patricia Graham, PLS, CLAS 6 100 Club Members Ex-Officio Members 10 Snippets 3 hours of CLE ETHICS credit requested State Bar Of Texas, Directors (This program will be videoed for showing throughout the year.) 12 Lawyer Referral and Information Service News ----------------------------------------------------------------------------------------------------------J. Benjamin Barlow Gary L. Nickelson 12 CLE Corner 13 Texas Lawyers for Texas Veterans ABA Delegate Janna Clarke 15 TVAS 16 It’s All Happening at the Bar Bar Bulletin John F. Murphy, Editor 18 News from the State Bar of Texas H. Dennis Kelly, Assistant Editor 20 New Members Graphics/Production 21 In Memorian - Lanford Park Place Enterprises, Inc. ggpark@flash.net • 817.877.8901 21 The Energy Law Section 25 Brown Bag Seminar Series The Tarrant County Bar Bulletin is a monthly publication of the Tarrant County Bar Association. 26 LegalLine Articles, photos, events for the calendar, suggestions, or comments should be directed to: 28 Other Associations’ News & Information Moderator: Lynn Kelly, Lynn Kelly Law Firm PC
Noon
Check In
12:30 pm
10 Ways to Avoid Being Grieved Steve Lee
1:15 pm
Lawyers Concerned for Lawyers/TLAP Robert E. Aldrich, Jr., Aldrich PLLC
2:00 pm
Break
2:15 pm
Grievances/CYA/ Client Communications Bob Hinton, Robert Hinton & Associates, PC, Dallas
3:00 pm
Panel: Ethical Issues Seen By Judges Judge Mollee Westfall, Judge Melody Wilkinson & TBA
3:45 pm
Adjourn
Brown Bag Registration: September 18, 2015
_____ $70 TCBA Member
_____ $95 non-TCBA Member Staff
_____ Brown Bag Season Pass Holder
_____ $35 TCBA Member
_____ $12 for a boxed lunch
Add $5 if registering after September 16
Please complete this form and return to the TCBA office at 1315 Calhoun Street, Fort Worth, Texas 76102 with a check payable to TCBA or with credit card information. If you have questions, please call Sherry Jones at 817-338-4092 (Fax: 817-335-9238). Name: ___________________________________________________________ Phone: _________________________
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Firm: ____________________________________________________________ Fax: ___________________________ Address: _____________________________________________________________ Billing Zip: _____________ Method of Payment: _____ Check
_______ Check Number
______ MC
______ Visa
_____ Am Ex
Credit Card Number ________________________________________________ Expiration ______________________ Name on Card _____________________________________________________ Security Code ___________________
In every issue 23 26
2
Advertisers’ Index Classified Advertising
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September 2015
1315 Calhoun Street • Fort Worth, Texas 76102-6504 Deadline for submission is the 1st day of the month, one month prior the date of the issue (e.g. April 1 for the May issue). Items for publication may be e-mailed to mary@tarrantbar.org in Word format. Articles published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant County Bar Association, its officers, or the Board of Directors. Calendar listings, classifieds, advertisements, and feature articles should not be considered an endorsement of any service, product, program, seminar or event.
September
CLE Membership Luncheon Commemorates 800th Anniversary of Magna Carta
Joshua Tate
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n Tuesday, September 8, the Tarrant County Bar Association will commemorate the 800th anniversary of the signing of Magna Carta. SMU Dedman School of Law Associate Professor Joshua Tate will present “Magna Carta and the Surprising Survival of Jury Trial.” A little bit of history—Magna Carta was signed on June 15, 1215, by King John in Runnymede, England. Latin for “The Great Charter,” Magna Carta is perhaps best known in the U.S. for establishing the right to trial by jury, one of the most important tenets of our justice system. The King signed at the behest of twenty-five rebel barons who sought protection against religious persecution, protection against illegal imprisonment, and other assurances. Professor Tate’s research and teaching focuses on legal history, property, and trusts and estates. He has been a fulltime faculty member at SMU Dedman School of Law since the fall of 2005, and he was a visiting assistant professor at the University of Pennsylvania Law School in the spring of 2008. In the fall of 2012, he was a Lloyd M. Robbins Senior Research Fellow at the University of California at Berkeley. He currently serves as the Selden Society’s Honorary Treasurer for the U.S.A., and he co-chairs the Legal Education and Uniform Acts for Trust and Estate Law Committee
for the ABA Real Property, Trust and Estate Law Section. He is a past chair of the Sutherland Prize Committee for the American Society for Legal History. Professor Tate has given invited presentations at numerous academic conferences, colloquia, and workshops both in the United States and abroad, and he is currently engaged in a study of the development of property rights and remedies in medieval England, focusing on issues of jurisdictional conflict with regard to rights of presentation to churches. He is admitted to practice in Texas and Connecticut and is a native of Tarrant County. The luncheon is co-hosted by the Tarrant County Bar Association and the Tarrant County Young Lawyers Association, and it will be held at the City Club at 11:45 a.m. The City Club is located at 301 Commerce Street, Fort Worth, 2nd Floor. Lunch will be $26 for members with advanced reservations and $31 for guests and walk-ins. Dress is business casual—suits and ties are not required. To make your reservations, please contact Sherry at 817.338.4092 or sherry@tarrantbar.org, or go to the calendar section of our website at www.tarrantbar.org. For directions and contact information, please visit the City Club website at www.cityclub-ftw.com. ■
Magna Carta Anniversary Celebration in England Fort Worth attorney and former TCBA director Steven C. Laird recently returned to the U.S. after attending an international celebration of the 800th Anniversary of the signing of Magna Carta. The celebration took place in Runnymede, England, where Magna Carta was signed on June 15, 1215. Steve attended the anniversary event alongside U.S. Attorney General Loretta Lynch, British Prime Minister David Cameron, Queen Elizabeth, Queen Anne, Prince Phillip and Prince William, among others. As part of his visit, he attended a private showing of the original Magna Carta at Salisbury Cathedral, which was completed in 1320 after 100 years of construction. “Traveling nine hours overnight to celebrate a legal document that was signed 800 years ago might not be everyone’s idea of a perfect vacation, but I can tell you from experience that there is no place I would rather have been. It was truly a oncein-a-lifetime honor,” stated Steve. ■
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Registration Form Monday, September 28, 2015 Mira Vista Country Club Please choose form the options below:
I would like to be a GOLF SPONSOR of the TCYLA/TCBA Golf Tournament for . . . . . . . . . . . . . . . . . . . . . . . $400
• Make tax deductible donation payable to the Tarrant County Bar Foundation for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $400 • Include your official sponsor name below to be used on promotional materials.
Sponsor Name
I would like to be a BANQUET SPONSOR of the TCYLA/TCBA Golf Tournament for . . . . . . . . . . . . . . . . . . $500
• Make donation payable to the Tarrant County Young Lawyers Association for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500 • Include your official sponsor name below to be used on promotional materials.
Sponsor Name
In addition to my sponsorship, I would to register a team of four (4) with the 10% sponsor discount for . . . . . $450
• Make registration payable to the Tarrant County Young Lawyers Association for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $450
I do not wish to be a sponsor, but I would like to register a team of four (4) or as an individual player for $125 per player
• Make registration payable to the Tarrant County Young Lawyers Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125 per player
Player Registration/Team Name: PLAYER NAME
EMAIL ADDRESS
1. 2. 3. 4.
Please submit the entry form and payment (check or card) to 1315 Calhoun Street • Fort Worth, TX 76102 You may also fax your form to 817.335.9238 or email to cindy@tarrantbar.org Please contact Clark Rucker at clark.rucker@kellyhart.com for further questions
# of Golfers
@ $125 = $
Apply Sponsor Discount [10%]
$[
TOTAL AMOUNT PAID
$
MC
]
Visa
AMEX
Billing Zip Code Card Number Name on Card Expiration Date
4 www.tarrantbar.org ■
September 2015
CVV
t o h s p a n S YLA
Amber Altemose President TCYLA
TCYLA
has wrapped up another successful year and kicked off a new year with several new initiatives for its membership. TCYLA concluded the bar year with another Buzz for a Cause event at The Little Red Wasp. Proceeds from the event benefited Tarrant County Homeless Coalition, an organization that develops and coordinates strategies and resources to end homelessness in Tarrant County. TCYLA thanks the celebrity judges and all who attended to make the event a success, and we especially thank Rob Henry and Tennessee Walker for planning the event. TCYLA will begin its new bar year by hosting Fall Fete on Thursday, September 17, at 5:30 p.m. at Texas de Brazil. Fall Fete, our annual membership drive, is a great opportunity for our members to network with young lawyers and our local judiciary. We hope to see you there! TCYLA appreciates Director Clinton Quisenberry for putting this event together. TCYLA is also planning new initiatives for its member-
ship. This fall, TCYLA will host a CLE on the practical aspects of practicing law that our members did not necessarily learn in law school. Some of the topics will provide guidance on writing billable-hours statements, bringing in a book of business, basic accounting principles, setting fees, and maintaining records. TCYLA will also host a clothing drive to collect gently used business attire to donate to the indigent. Additionally, plans are underway to provide more opportunities for Texas A&M law students to engage in TCYLA. TCYLA is excited to partner with Texas A&M University School of Law for this initiative. Stay tuned for more details on this great partnership! ■
Amber
Transition to Practice Mentoring Program
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alling all attorneys who have been practicing ten years or more! We need you to mentor young lawyers. By joining the Transition to Practice mentoring program, you will have the opportunity to meet with your mentee at a luncheon every other month. Between the luncheons, you can visit your mentee over the phone or for coffee or however else you want. Mentorship requires only a few hours of your time every month, and you receive free CLE and lunch. Attention young lawyers who have been practicing three years or less! Do you want to meet some great seasoned lawyers? Join the Transition to Practice program and be paired with a seasoned lawyer in your area of practice. You, too, will get a free lunch and free CLE – what a deal! The Transition to Practice mentoring group will meet Wednesday, September 23, at noon at the Bar Center, 1315 Calhoun Street, Fort Worth, for lunch and a CLE program. The program will be “LMIRL (Let’s Meet
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in Real Life)—Meet the Court Coordinators,” featuring court coordinators from the Civil, Family, Probate, and Criminal Courts, who will discuss their roles in the court system and share some tips on filing and settings. Don’t miss this great opportunity to meet the court coordinators who are there to help. The program has been approved for .75 CLE. Watch your emails for the meeting notice, and RSVP to cindy@tarrantbar.org. The next Transition to Practice meeting is scheduled for Wednesday, November 18. To be a part of this great mentoring program, contact Cindy Rankin at 817.338.4092 or at cindy@tarrantbar.org. ■
Members of the 2015-2016
100 Club
Adams Lynch & Loftin P.C.
Lively & Associates, LLP
Albert Neely & Kuhlmann LLP
Loe, Warren, Rosenfield, Kaitcer, Hibbs, Windsor, Lawrence & Wolffarth, PC
Anderson & Riddle, LLP Baker Monroe PLLC Bakutis McCully & Sawyer PC Barlow Garsek & Simon, LLP Blaies & Hightower, L.L.P. Bourland, Wall & Wenzel, PC Brackett & Ellis, P.C. Broude Smith & Jennings PC Brown, Dean, Wiseman, Proctor, Hart & Howell, LLP
Martinez Hsu, P.C. McDonald Sanders Law Firm Mellina & Larson, P.C. Moses, Palmer & Howell, L.L.P. Murphy Mahon Keffler Farrier, LLP Naman Howell Smith & Lee, PLLC Noteboom Law Firm Padfield & Stout, LLP Phelps Dunbar LLP
City Attorney’s Office-City of Fort Worth
Plains Capital Bank
Cook Children’s Health Care System
Schneider Law Firm
Curnutt & Hafer, L.L.P.
Second Court of Appeals
Edison, McDowell & Hetherington, LLP
Shannon, Gracey, Ratliff & Miller, LLP
Fillmore Law Firm, L.L.P.
Stephens, Anderson & Cummings
Forshey & Prostok, L.L.P.
Suzanne I. Calvert & Associates
Friedman, Suder & Cooke
Tarrant County Criminal District Attorney’s Office
Griffith, Jay, & Michel, LLP
Taylor Olson Adkins Sralla & Elam, LLP
Harrison Steck P.C.
Texas A & M School of Law
Haynes and Boone, L.L.P.
The Wolf Law Firm, P.C.
Holland Johns & Penny LLP
Thompson & Knight, LLP
Jackson Walker, L.L.P.
Underwood Law Firm
Jim Ross & Associates
Varghese, Summersett & Smith, PLLC
Kelly Hart & Hallman LLP
Watson Caraway Midkiff & Luningham L.L.P
Lacy Lyster Malone & Steppick, PLLC
Whitaker Chalk Swindle & Schwartz PLLC
Law Offices of Paup, Shutt & Associates, P.C.
Wick Phillips Gould & Martin LLP
Law, Snakard & Gambill, P.C.
Winstead PC
To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more attorneys and attains 100% TCBA membership compliance for the 2015-2016 bar year qualifies for “The 100 Club”! The firms/organizations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year. Any firm/or-
ganization that qualifies in the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law firms and other groups! The new bar year began July 1, so if you missed your renewal invoice in your email, contact Membership Director Cindy Rankin at 817.338.4092 or email her at cindy@tarrantbar.org.
Go Tarrant County!!!
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t the recent State Bar of Texas Annual Meeting, the Association was awarded the Award of Merit (Division IV—bar associations with memberships between 901 and 5,000) by the Local Bar Services. This award is given each year to four local bar associations for outstanding overall programs and projects accomplished during the bar year. Each bar association is judged on member services, community services, access to justice, law student/young lawyer outreach, communications, and social events. This is the third year in a row and the tenth time that TCBA won this award since 1995. Executive Director Trisha Graham proclaims, “It is because Tarrant County has the best—lawyers, judiciary, law students, leaders, and volunteers. They all work together making the Tarrant County Bar Association a great organization.” In addition, the Association, along with the Tarrant County Young Lawyers Association and Tarrant County Bar Foundation, won a Partnership Award for the “Ballin’ for a Cause” 3-on-3 Basketball Tournament which supported the Big Brothers Big Sisters. The tournament was held on Saturday, March 28, at the H.O.P.E. Farm Life Center, where eight teams battled for first place. Through this partnership, over $5,000 was donated to the Big Brothers Big Sister organization to cover the costs associated with a “match” between an at-risk child and a volunteer. The State Bar recognized the Bar Association’s Bulletin entry of a Series of Substantive Law Articles written by Vinny Circelli, Dustin Johnson, and Tom Williams for the IP Domain articles. They were presented with Award Certificates at the July CLE Luncheon by President Michael Henry. At the July Bar Leaders’ Conference, the Texas Access to Justice Commission awarded the Pro Bono Service Award to the Association & Foundation for the Guardianship Pilot Project. This pro bono project assists parents seeking to retain guardianship of their disabled adult children. In addition to a Certificate of Recognition, the Association received a $1,000 check to invest in the Guardianship Pilot Project. ■ 7
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Stay CONNECTED to Us
PRESIDENT continued from page 1
to advertisers’ websites and sponsored video streams. More about that later. TCYLA and TCBA Charity Golf Tournament Also, please remember the annual TCYLA & TCBA Charity Golf Tournament. It will be held on Monday, September 28 at Mira Vista Country Club with a shotgun start at 1 p.m. A lunch will be served prior to tournament so players should be there no later than noon. The wonderful thing about the tournament is all the sponsorships of the golf holes go directly to the Tarrant County Bar Foundation (a tax deductible donation) for the benefit of the Texas A&M University School of Law Pro Bono Internships. Each semester a law student will receive a stipend while working with the Foundation’s Texas Lawyers for Texas VeteransTarrant County Chapter (TLTV) and Tarrant County Volunteer Attorney Services (TVAS) programs. A registration form is on page 4 of this bulletin. Please contact Cindy Rankin at 817.338.4092 or cindy@tarrantbar.org for more information or to register for the tournament. ■
David
Profiles
Judicial
by Perry Cockrell
Judge Charles “Chuck” Vanover loves being on the bench of Tarrant County Criminal Court #8. His arrival to the court follows years of public service and an indepth knowledge of public safety. He was raised in Grapevine, where he graduated from Grapevine High School in 1986. He is an Aggie, having graduated in 1990 from Texas A&M with a Bachelor of Science in Sociology, with a minor in Management. After graduating and being influenced by his father, who was an investigator with the Tarrant County District Attorney’s Office, he pursued his interest in public safety. For the next eleven years, he worked for Tarrant County and the DFW Airport Department of Public Safety as a police officer, SWAT team member, fire fighter, and Emergency Medical Technician. In 1999, he chose a new direction to add to his background and experience and pursued a legal career by enrolling at Texas Wesleyan Law School, now Texas A&M Law School. After law school in 2003, he joined the Tarrant County District Attorney’s Office as an Assistant District Attorney. Over the next eleven years with the District Attorney’s Office, he handled over 6,000 cases and tried between 60 and 80 jury trials. In 2014 he decided to expand his background further and ran for the open seat for the county criminal court. The Judge’s advice to attorneys appearing in his court is to “follow your heart, and try to do the best you can within the legal and ethical bounds.” He said that the “the lawyer’s creed is a cornerstone. There is no purpose to stretch the truth, and no case is worth your integrity. We have a very good legal community.” In addition to his duties in the county criminal court, Judge Vanover has served for ten years with the Texas State Guard as a Staff Judge Advocate and holds the rank of Lieutenant Colonel. He and his wife, Stacie, have one daughter, Ivory, who is five years old. ■ Stay CONNECTED to Us
@TarrantBar @TLTVinTarrant @TVASFW
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Newly elected Judge Carey Walker,
Tarrant County Criminal Court #2, is a native of White Settlement, Texas, and a proud graduate of Brewer High School. After high school, he chose East Texas State University for college, where he received a Bachelor of Business Administration in Personnel Management. In 1981, he was accepted to Texas Tech School of Law. During his third year, he met his future wife, fellow law student Sue Walker, now Associate Justice on the Second Court of Appeals. He graduated from law school in 1984, and they married in 1985. After law school, he accepted a position as Assistant District Attorney with the Lubbock County Criminal District Attorney’s office, where he worked until 1986. After Sue graduated from Texas Tech Law that year, they decided to move to Fort Worth. Carey took a job with Cure & Ward practicing civil and criminal law. Sue took a job with the Dallas Court of Appeals. In 1991 Carey moved to Ball, Landrith & Kulesz in Arlington and continued practicing civil and criminal law. Four years later, in 1995, he founded the Law Offices of Carey Walker and practiced for the next 19 years until taking the bench in 2015. He believes that attorneys should “be prepared and should know the law.” He noted that the current system has greatly improved criminal practice in Tarrant County because the District Attorney’s office makes it easier for counsel to access case information. He believes that clients “want to see their attorney doing something” and stresses the importance of client communication. Judge Walker made it very clear that he is accessible to the attorneys who practice before him. He suggests that advocates fully inform the court of the relief that they seek for their clients. “I am here and I try to be ready for things that come before me. I strive to run a friendly court. I’m a straightforward judge, and if you are asking me to do something, then you need to be prepared with information regarding what you want, as well as providing any documentation required to receive it.” He and his wife, Sue, have two grown children: a daughter, Janie, and a son, Benjamin. Both are married. Carey and Sue have one grandchild, Lucy. ■
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O: 817.503.9200 C: 817.925.2272
Snippets
Civil and Criminal by Judge Bob McCoy
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Probate Court No. 2
County Criminal Court No. 3
Who’s that Street Named After? Lake Como Drive - adjacent to Lake Como, which was named after a lake at the Italian/Swiss border. From Werner Magnus, Who was Hulen? An Attempt to Find the Origins of Street Names in Fort Worth.
Ask Judge Bob Judge Bob, what is “allocution”? Allocution in the criminal context refers to “both a statutory and a common-law right to allocute (i.e., to address whether there is any legal reason why sentence should not be imposed) before being sentenced.” Dep’t of Licensing & Regulation v. Thompson, 455 S.W.3d 648, 659 (Tex. App.—Austin 2013), rev’d on other grounds, 455 S.W.3d 569 (Tex. 2014).
Ask the Danes Ramses and Moses, why aren’t certain breeds of dogs banned—those that are always attacking people? This would be statutorily prohibited. A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions: (1) are not specific to one breed or several breeds of dogs; and (2) are more stringent than restrictions provided by this subchapter. Moses Tex. Health & Safety Code Ann. § 822.047.
The Danes’ Quote of the Month
Ramses
Co-Editor Lin Morrisett Associate Judge
“Mad dogs and Englishmen go out in the midday sun.” –Noel Coward.
Criminal Items of Interest 1. Interrogation “Interrogation consists of any words or actions on the part of the police that are reasonably likely to elicit an incriminating response. This definition of interrogation focuses primarily upon the perceptions of the suspect and not the intent of the police. Therefore, if the person making the statement does not perceive the officers words or actions as being reasonably likely to elicit an incriminating response, then such statement or activity of the officer is not interrogation.” Melton v. State, 456 S.W.3d 309, 314 (Tex. App.—Amarillo 2015, no pet.). 10 www.tarrantbar.org ■ September 2015
2
Cumulate Sentences “An abuse of discretion will generally be found only if: ‘(1) the trial court imposes consecutive sentences when the law requires concurrent sentences, (2) the trial court imposes concurrent sentences when the law requires consecutive ones, or (3) the trial court otherwise fails to observe the statutory requirements pertaining to sentencing.’” Waddell v. State, 456 S.W.3d 366, 369 (Tex. App.—Corpus Christi, 2014, no pet.).
3. Double Jeopardy Clause “The Double Jeopardy Clause of the United States Constitution embodies three protections: (1) it protects against a second prosecution for the same offense after acquittal; (2) it protects against a second prosecution for the same offense after conviction; and (3) it protects against multiple punishments for the same offense.” Carmon v. State, 456 S.W.3d 594, 601 (Tex. App.—Houston [1st Dist.] 2014, pet. ref’d). 4. Challenge for Cause “A challenge for cause may be made on the basis that a venireperson has a bias against an applicable law upon which the defendant is entitled to rely.” Robinson v. State, Nos. 14–13–00682–CR, 14–13–00683– CR, & 14–13–00684–CR, 2015 WL 3823197(Tex. App.— Houston [14th Dist.] April 22, 2015, pet. ref’d). 5. Suppression Hearing “At a suppression hearing, the trial court is the sole and exclusive trier of fact and judge of the witnesses’ credibility and may choose to believe or disbelieve all or any part of the witnesses’ testimony.” Schultz v. State, 457 S.W.3d 94, 100 (Tex. App.—Houston [1st Dist.] 2014, no pet.). 6. Guilty Plea “Once a plea has been taken under advisement or guilt has been adjudicated, however, a request to withdraw the plea is untimely, and the withdrawal of the plea is within the sound discretion of the trial court.” Peraza v. State, 457 S.W.3d 134, 138 (Tex. App.—Houston [1st Dist.] 2014), rev’d, Nos. PD-0100-15, PD-0101-15, 2015 WL 3988926 (Tex. Crim. App. July 1, 2015). 7. Defensive Opening Statement “When a defensive opening statement follows the State’s opening, “the State may reasonably rely on this defensive opening statement as to what evidence the defense intends to present and rebut this anticipated defensive evidence during its case-in-chief as opposed to waiting until rebuttal.” A defense opening statement can “open the door” to the admission of extraneous-offense evidence
in the State’s case-in-chief to rebut the defensive theories presented in the opening statement.” Knight v. State, 457 S.W.3d 192, 202 (Tex. App.—El Paso 2014, no pet.) (citation omitted).
Civil Items of Interest 1. No Deference to Interpretation of Unambiguous Statute “Courts do not defer to an agency’s construction of an unambiguous statute.” Emp. Ret. Sys. of Tex. v. Garcia., 454 S.W.3d 121, 137 (Tex. App.—Austin 2014, pet. filed). 2.
Direction of Trial Court “While we have jurisdiction to direct the trial court to make a decision, we may not tell the court what that decision should be.” In re Cunningham, 454 S.W.3d 139, 143 (Tex. App.—Texarkana 2014, orig. proceeding).
3. Trial Court Must Rule Within a Reasonable Time “The trial court is required to consider and rule on a properly filed motion within a reasonable period of time once a ruling has been requested. To obtain mandamus relief[, Movant] must establish that: (1) the motion was properly filed and had been pending for a reasonable time; (2) she requested a ruling on the motion; and (3) the trial court has either refused to rule or failed to rule within a reasonable time. . . . However, if a reasonable time has not yet passed, the trial court’s failure to rule may not be a clear abuse of discretion. . . . There is no bright-line rule establishing a reasonable time period. The state of the trial court’s docket is a factor involved in considering whether a reasonable time has passed.” In re Cunningham, 454 S.W.3d 139, 143 (Tex. App.—Texarkana 2014, orig. proceeding). 4. Presumption that Alleged Sexual Assault is a Health-Care Liability Claim “Here, the record clearly supports that Bueno was a health care provider and the assault about which Hernandez complains occurred while she was receiving treatment at the emergency room under Bueno’s care. Accordingly, there is a presumption that the claim is a health care liability claim.” Bueno v. Hernandez, 454 S.W.3d 178, 184-85 (Tex. App.— San Antonio 2014, pet. filed). 5. Suing (Twice), Moving to Transfer Venue, and Engaging in Limited Discovery, Does Not Constitute Waiver of Right to Compel Arbitration. “Merely filing suit does not waive arbitration, even when the movant, as in this case, files a second, separate suit in another county based in part on a contract at issue in the first action. . . . Nor, we think, does moving to transfer venue. . . . Richmont engaged in only minimal discovery. For the most part, it refused to respond to Blake’s discovery requests. Richmont argues that it delayed in moving to compel arbitration because, while it drafted the Asset Purchase Agreement and knew full well of the arbitration clause, it was very slow in recognizing that the clause could apply to Blake’s claims. We think this explanation implausible; certainly, it does not justify the delay. But 11 www.tarrantbar.org ■ September 2015
mere delay in moving to compel arbitration is not enough for waiver.” Richmont Holdings v. Superior Recharge Sys., 455 S.W.3d 573, 576 (Tex. 2014). 6. Right to DTPA Restoration Remedy “Although DTPA restoration is also an equitable remedy, the DTPA’s election-of-remedies provision affords a prevailing consumer the right to choose his remedy, and a trial court must honor a consumer’s choice of restoration if restoration with an appropriate offset can adequately return the parties to their prior positions. Thus, unlike common-law rescission, restoration under the DTPA is not limited to instances when monetary damages would be inadequate.” Lauret v. Meritage Homes of Tex. LLC, 455 S.W.3d 695, 700 (Tex. App.—Austin 2014 no pet.). 7. Even constitutional errors, like Diez’s complaint, are waived if not raised first in the trial court. Diez v. Alaska Structures Inc., 455 S.W.3d 737, 740 (Tex. App.—El Paso 2015)
Quote of the Month “I hope Congress will never meddle with religion further than to say their own prayers.” —Life and Works of John Adams, Vol. IX, p. 402.
Legal Quote of the Month “It is justice, not charity, that is wanting in the world.” —Mary Wollstonecraft
Old News
“The last man to walk on the moon, Gene Cernan, promised his daughter that he would write her initials on the moon. He did, which means that her initials, “TDC,” will likely remain on the moon for tens of thousands of years.” 99 Interesting Facts About the World to Blow Your Mind; Wikipedia, both reviewed June 24, 2015. ■
Stay CONNECTED to Us
@TarrantBar @TLTVinTarrant @TVASFW
Tarrant County Bar Association - Fort Worth Tarrant County Volunteer Attorney Services Texas Lawyers for Texas Veterans - Tarrant County Chapter
C
alendar of Events
Please visit our website for a complete list of upcoming events.
www.tarrantbar.org
Lawyer Referral and Information Service
LRIS
News
is off to another great year. We have renewed members and enrolled NEW members for the 2015–2016 LRIS panels. During the 2014–2015 bar year, LRIS referred over 8,000 clients to our LRIS attorneys, increased our panel membership, and almost doubled our projected income for 2014–2015. We believe that 2015–2016 will be our best year yet! If you were a LRIS panel member in 2014–2015, you need to send in your renewal forms to start receiving referrals for this new bar year. The last referral for 2014–2015 was provided on June 30. In order to get referrals, be sure that we have received your renewal packet with payment. If you have any questions, please contact the LRIS at 817.338.4092 or cindy@tarrantbar.org. Effectively July 1, 2015, the LRIS Committee has made the following changes to the LRIS rules: • Non-TCBA members—The LRIS membership dues have been increased for non-members of TCBA. The dues are based on the years of practice and range from $295 to $400 per year. (The membership dues for TCBA members remain the same.) • Past Due Status & Progress Reports—A $20 reinstatement fee will be accessed for late reports and must be paid before the LRIS member will be placed back into rotation. ■
CLE
Corner
Sherry Jones Associate Executive Director
Is it your birthday month? Need CLE? Need ethics?
TCBA can help! LAST TUESDAY CLE • DVD RENTALS • CLE ONLINE Each September we present a three-hour ETHICS CLE course at the Brown Bag Seminar. The seminar is recorded and shown at the bar office throughout the year on the LAST TUESDAY of the month. If you can’t make it here on the Last Tuesday of the month, you can rent a DVD, watch it, return it, and get the CLE credit. We have other DVDs available for viewing at the bar office or for rental so you can watch at home or in your office in your own time. Included in the DVD library are: • Practicing Law and Wellness–half hour of Ethics credit • Practicing from the Shadows–half hour of Ethics credit • Legislative Update–three hours of credit
There are several other DVDs available. DVDs are also sent to CLE Online. As a member of the TCBA, you can get a discount when getting your CLE through them. Check www.cleonline.com, and then call me for the discount information. Some have inquired about a DVD for Guardianship Certification. Our program is approved and is ready for you. As always, feel free to call if you need some CLE before your birth month. I will do my best to help.
Sherry
12 www.tarrantbar.org ■ September 2015
Texas Lawyers for Texas Veterans
Tarrant County Chapter
TCBA Wins State Bar Award for TLTV Articles At the State Bar’s Annual Meeting, the Tarrant County Bar Association received an award for the “Best Feature/ General Interest Series of Articles” for TLTV’s articles in the Bar Bulletin. The series of articles featured various TLTV volunteers. ■
TLTV Receives Grant from
Thanks to these Volunteers for Taking a Case Lorrie Branson, Branson Law Firm Jodi Connaughton, Strother & Strother PLLC Wes Cooper, The Cooper Companies John Corbin, Law Offices of John J. Corbin Mark B. French, Attorney at Law Tawana Gray, Law Office of Tawana H. Gray, PLLC Shannon Dunlap, Shannon Dunlap Law, PLLC John Johnson, Law Offices of Johnson & Johnson Karin Mayer, Law Offices of Karin D. Mayer
Texas Lawyers for Texas Veterans–Tarrant County Chapter (TLTV) received a grant from the United Way of Tarrant County’s Veterans Fund to hold two legal clinics for returning veterans in 2016. The United Way of Tarrant County established the Veterans Fund through donations from Bell Helicopter Textron and Lockheed Martin. If you are interested in participating in the United Way legal clinics, please contact Megan Cooley at megan@tarrantbar.org. ■
Zoe Meigs, Law Office of Zoe Meigs, P.C. Kimberly Naylor, Loveless & Naylor Sarah Seltzer, Seltzer & Dally, PLLC Melissa Sircar, Attorney at Law Lindsay Steele, Steele Law Firm, PLLC Allen Stidger, Stidger Law Firm Diane Wanger, Diane M. Wanger, P.C. Roger Wood, Law Office Roger Wood, P.C.
TLTV Holds Summer Clinics at Tarrant County College’s Downtown Campus In June, Texas Lawyers for Texas Veterans – Tarrant County Chapter (TLTV) held its monthly legal clinic at Tarrant County College’s Trinity River Campus. Kelly Hart & Hallman sponsored the clinic, and provided attorney volunteers to staff the legal clinic. Law students in Kelly Hart & Hallman’s summer clerkship program volunteered as well. TLTV held its July clinic at Tarrant County College’s Trinity River Campus with the sponsorship support of Pinnacle Bank. After the July clinic, the location of TLTV’s clinic will change to Tarrant County College’s South Campus. ■
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September 2015
PHOTOS BY GLEN ELLMAN
Mediation from Both Sides of the Practice
Elliott Garsek
■ Practiced law for more than 40 years ■ Negotiated and resolved numerous multi-million dollar transactions and disputes ■ Regularly listed as one of the nation’s top attorneys in publications such as The Legal News, Best Lawyers in America, Fort Worth, Texas Magazine, and Super Lawyers ■ Serves or has served on boards of directors for public and private institutions
■ Tried more than 40 cases before judges, juries, administrative panels, and arbitrators, and has argued before courts of appeals and administrative bodies ■ Litigated contentious multi-million dollar disputes and negotiated multi-million dollar transactions with some of the most arduous and difficult adversaries ■ Panelist serving as a neutral for mediations and arbitrations presented to, among others, AAA, National Arbitration Forum, Construction Dispute Christian Dennie Resolution Services, USCIB, LCIA, and American Health Lawyers DRS ■ Adjunct professor at Texas A&M University School of Law and Southern Methodist University
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TVAS Volunteer Receives Corporate Pro Bono Award
O
n Thursday, June 18, the Texas Access to Justice Commission awarded Aaron Young, Assistant General Counsel at American Airlines Federal Credit Union, with the Corporate Pro Bono Award for his volunteer work with Tarrant County Volunteer Attorney Services (TVAS). The ATJ Corporate Counsel Pro Bono Award was created to recognize outstanding corporate counsel attorneys who provide pro bono legal services for the poor and promote pro bono culture within the corporate framework. Aaron has volunteered for TVAS as both a volunteer at pro bono clinics and as a committee member. Chief Justice Nathan Hecht of the Texas Supreme Court presented Aaron with the award during the State Bar’s An-
nual Meeting in San Antonio, Texas. The Corporate Counsel Pro Bono Award includes a $2,000 award to a designated legal services organization. Thanks to Aaron for selecting TVAS as the recipient of the monetary award in order to develop and support further TVAS general advice clinics at community organizations in Tarrant County. ■
TVAS Holds First General Advice Clinic at Presbyterian Night Shelter On July 20, 2015, TVAS held its first general advice legal clinic for the residents of Presbyterian Night Shelter. Volunteer attorneys counseled residents on legal issues ranging from family law, criminal law, probate, and social security. Haynes and Boone generously sponsored the clinic. TVAS thanks the following volunteers for their participation in this project:
Attorneys:
Roger Allen, Attorney at Law Leslie Araya, Fidelity Brian Brisco, Cantey Hanger LLP Sonya Byrd, Attorney at Law John Corbin, Law Offices of John J. Corbin Alexander Good, Attorney at Law Jonathan Heeps, Law Office of Jonathan A. Heeps Katherine Hopkins, Kelly Hart & Hallman LLP Danielle Jarvis, Fidelity John Johnson, Law Office of Johnson & Johnson Merrit Klapperich, Legal Aid of NorthWest Texas Karon Rowden, Texas A&M University School of Law Philip Vickers, Cantey Hanger LLP Trevin Ware, Law Offices of Trevin Ware Ben Westbrook, Westbrook Law
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Law Students
Anna Kincade, Texas Tech School of Law Kendra Calhoun, Texas A&M University School of Law Alexandria Hutchison, Texas A&M University School of Law Sam Johndroe, Texas A&M University School of Law Chris Orona, Texas A&M University School of Law Jasmine Bank, Texas Tech School of Law
Volunteers
Jessica Acosta, Linegarger Goggan Blair & Sampson LLP Frankie Gagnon, Linegarger Goggan Blair & Sampson LLP Doris Jackson, William S. Harris & Paul A. Conner, Attorneys Katrina Lea, BNSF Railway Star Moore, N. Michael Kensel & JoAnn H. Means, Attorneys Janice Piggott, Freelance for William D. Pruett, Attorney Brent Rayner, Fidelity Julie Sherman, Cantey Hanger, LLP Diane Zublasky, Fidelity
It’s All Happening at the Bar July Luncheon
Outgoing Board Dinner
Women Attorneys Mixer
Past Presidents’ Luncheon
17 www.tarrantbar.org ■ September 2015
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September 2015
News from
State Bar of Texas Annual Meeting
The State Bar of Texas held its Annual Meeting during June 18-19 in San Antonio, Texas. Many Tarrant County Bar Association members were involved with the Annual Meeting: • Roland Johnson (Harris, Finley and Bogle, PC) and the Honorable Debra Lehrmann (Texas Supreme Court) participated in the panel discussion “Ethics and Professionalism in a Changing Legal Landscape.” • Gary Nickelson (Law Office of Gary L. Nickelson) spoke to the Family Law Section about temporary orders. • Jack Strickland (Law Office of Jack Strickland) presented “Legislative Update” to the Criminal Justice Section. • Joseph Cleveland (Brackett & Ellis, PC) presented “Common Sense Steps to Protect Trade Secrets” to the Intellectual Property Law Section. • Martha Newman (Top Lawyer Coach LLC) spoke to the Law Practice Management Section about client communications. • Jessica Hall Janicek (Koons Fuller) was honored as one of the members of the 2014-2015 Class of LeadershipSBOT. • Richard Price (The Price Law Firm) participated in the panel discussion “Building Your Practice.” • Patrick Maher (Shannon Gracey Ratliff & Miller, LLP) was appointed Chair of the Texas State Bar Board’s Employment, Salary, and Evaluation Subcommittee. • Janna Clarke (Of Counsel with Broude Smith & Jennings PC.) received the 2015 Hershell L. Barnes Ambassador Award from Texas Tech University Law School. Save the Date: The State Bar’s Annual Meeting will take place June 16-17, 2016, at the Omni Hotel in Fort Worth.
Lawyers on the Move & Retired state district judge Bob Gill and former Tarrant County assistant criminal district attorney Miles Brissette have opened the law firm of Gill & Brissette, specializing in criminal cases. They are located at 201 Main Street, Suite 801, Fort Worth 76102, and their telephone number is 817.803.6918. Patrick J. Maher has been appointed Chair of the Texas State Bar Board’s Employment, Salary, and Evaluation Subcommittee. Pat is a partner at Shannon Gracey Ratliff & Miller LLP, working out of the firm’s Fort Worth and Dallas offices. He is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. At the annual Texas Tech University School of Law Reception, Janna Clarke received the 2015 Hershell L. Barnes Ambassador Award. This award recognizes an alumnus who has served as a goodwill ambassador through a combination of actions and efforts that have demonstrated dedication and fellowship toward the School of Law and the general community. Janna is of counsel with the law firm of Broude Smith & Jennings PC. Brian C. Newby, of counsel at Cantey Hanger LLP, has been promoted by the United State Air Force to the rank of Major General. Brian is the Air National Guard Assistant to the Judge Advocate General (TJAG), Pentagon, Washington, D.C. He serves as the principal advisor to the the Judge Advocate General, U.S. Air Force, on all Air National Guard matters.
in the News
Brad Dowell, Lu Pham, and Caroline Harrison, formerly of Cantey Hanger, have opened the firm of Dowell Pham Harrison LLP, which focuses on labor, employment, and litigation. Also joining the firm are three associates, Antonio Allen, Lauren McDonald, and Jennifer Bley Sweeny. The firm is located at 505 Pecan Street, Suite 101, Fort Worth 76102 and its phone number is 817.632.6300. Direct contact information for the firm and attorneys is located at the firm’s website www.dphllp.com. Levi M. Dillon, an attorney practicing in estate planning, probate, and tax and business planning, has been added as the newest associate to the law firm of Bourland, Wall & Wenzel, P.C. 817.877.1088. Attorneys Jeff Kearney and Michael Heiskell were inducted into the Texas Criminal Defense Lawyers Association’s Hall of Fame during a recent meeting in San Antonio. This award is given to a criminal defense lawyer with a minimum of thirty years of active practice who has given substantial commitment to defense of persons accused of criminal on appeal or trial in court excellence and has made significant contributions to the profession. Congratulations to Jeff and Michael! ■
Tawanna Lynn Cesare has joined the law firm of Cantey Hanger LLP as a partner in the litigation practice. Tawanna will specialize in family law and commercial litigation. She may be contacted at tcesare@canteyhanger.com or 817.877.2823. McDonald Sanders PC is pleased to announce the addition of three associates: C. Ryan Heath, Kathy Kassabian, and Grant C. Sorenson. Ryan (2014 Texas A&M University School of Law, magna cum laude) will practice in the areas of business transactions, organization, real estate, and estate planning & probate. He may be reached at 817.347.3658 or rheath@mcdonaldlaw.com. Kathy (2014 Texas Tech University School of Law) will be practicing in the areas of commercial litigation, personal injury defense litigation, labor & employment, business transactions, and organization. She may be reached at 817.347.3646 or kkassabian@mcdonaldlaw.com. Grant (2014 Texas Tech University School of Law, magna cum laude) will be focusing on areas of business transactions, organization, real estate, banking & finance, and oil & gas. He may be reached at 817.347.3606 or gsorenson@mcdonaldlaw.com. @TarrantBar Tarrant County Bar Association - Fort Worth
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Downtown Arlington Excellent location for an attorney starting his or her practice.
Office Space for Lease • • • •
Prime Location. 801 E. Abram St. Across from the Tarrant County sub-courthouse Ample parking Several offices are available that can be configured for efficient use for conference room, secretarial space or executive space.
For more information, call Frank R. Jelinek • (817) 461-1100 Lease rates that are very competitive with Executive office leasing
New
TCBA Welcomes Its
Members
Attorneys
Lisa Ajo Rebecca Alcantar Mayur Amin Christopher Austria Brent Beasley D’Ann Bey Alex Boyd Braxton Bragg Cole Bredthauer Kevin Buchanan Jessica Buchert Stephanie Cantu Christopher Cagle Christine Clary Laura Conway Ashley Conyers Terence Cook Lauren Drawhorn Zachary Farrar Sarah Fernandez
Ashley Fincher Galen Gatten Ana Gonzalez William Huebner Edwin R. Jensen II Linda Johnson Molly Johnson R. Barry Johnson Steve Jumes Sara Keene Sara Kincaid Emily LaChance Andrew Lewis Camesha Little Patrick Luff Richard McCracken Auther Mitchell Kasey Morrisey Kathryn Morrow Judge Reed O’Connor
Kristina Pierre-Louis Deron Robinson Dean Roggia Ross Russell Rajeev Sunkara Courtney Schmitz Katherine Sims Jason Stancil Brad Stum Michael Stumbaugh Josiah S. Trager Ryan Trammell Robert Vartabedian Philip Vasquez Megan Wallek Alicia Wanker Stacie White Wesley Williams Jordan Woody Travis Youngblood
Associates
Kathy Calhoun Randy Hale Steve Heimstead Mark Hotchkiss Trisha Klement Veronica Leggitt
Students
Collin Ashworth Heather Awtrey Alexandria Hutchison Kara Medlock Jennifer Sacui Stephanie Simpson Rebecca Tejada Alyssa Turner
Did You Receive Your Membership Invoice?
T
he new bar year started on July 1, and membership invoices were sent via email in June and again in July. If you did not received your 2015-2016 membership dues invoice, please contact Cindy Rankin, Membership/LRIS Director at cindy@tarrantbar.org or 817.338.4092. Please make sure your dues have been paid by September 30 to keep your membership active! Don’t forget: To receive a printed copy of the Bulletin, be sure to include a $20 subscription fee. The Bulletin will be sent to you in a digital format unless you have paid for the printed copy. The $20 helps to defray the increasing cost of printing and postage. Get involved! Join a section or volunteer for a committee. The Bar Association cannot provide the award-winning programs without YOU, our members. Call the bar offices at 817.338.4092 or contact Sherry Jones at sherry@tarrantbar. org for more information on the sections or committees. ■
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In Memoriam In Memoriam In Memoriam
K
athryn “Kathy” Skinner Lanford, 69, passed away Thursday, July 23, 2015. Graveside services were held at the Woodland Cemetery in Cleveland, Oklahoma. Kathy was born September 15, 1945. From the University of Tulsa, she received an undergraduate degree and a master’s degree in special education. She was a member of Delta Delta Delta sorority. She worked as a special education teacher in the Tulsa school district. In 1976, she moved with her husband, Andrew “Andy” J. Lanford, from Tulsa to Fort Worth. Encouraged by Andy, she entered Southern Methodist University School of Law and graduated in 1980. Then she practiced law for thirty-five years, specializing in estate planning. Through her law and special education expertise, she made an enormous contribution to the MHMR community in Fort Worth. Kathy was a Sustaining Charter Fellow of the Tarrant County Bar Foundation. She was instrumental in the organization of the Foundation with Thos. Law and Sam Rosen. She served in several capacities on the Foundation Board (1997-2002) and served as its 3rd Chair (1999-2000). Kathy
was a supporter of the purchase of the building that now serves as the Tarrant County Bar Center, and she continued to support it during the 2006 renovation. Kathy and Andy were ardent music lovers and longtime supporters of the arts in Fort Worth. They were avid readers who valued the written word. They loved watching OU football on Saturday afternoons every fall. Kathy Lanford They loved and cared for many adopted dogs and cats. Kathy was preceded in death by her husband, Andy. She was survived by her nieces, Suzanne Hall Lewis and Nancy Hall Ferrillo; stepdaughter, Andra Lupardus; stepson, John Lanford; and grandchildren, Katie, Emily, and Brady. She had a special place in her heart for their pets: Siegi, Lily, Bert, Dora, and Ernie. ■
And, now a word from…
The Energy Law Section
I
have the privilege of serving as Chair of the Energy Law Section this year. The first order of business is to thank last year’s other officers, James Korth and Julie Walker, and especially last year’s Chair, Ricky Torlincasi, for a job well done. It is also my pleasure to introduce those who join me on this year’s board: Trey Lansford (Vice Chair) • Trey is a member of the Energy Law Practice Group at Winstead. Guiliana Vural (Secretary) • Guiliana is a principal at the Vural Law Firm PLLC. Christina Sherwood (Treasurer) • Christina is a partner at Guerra, Sherwood & Ylanan PLLC.
Please mark your calendars for our bi-monthly luncheons to be held at the Fort Worth Club (note the change in location from last year) on August 13, 2015, October 8, 2015, December 10, 2015, February 11, 2016, April 14, 2016, and June 9, 2016. Our goal, as always, is to provide informative and interesting programs on energyrelated topics (inexpensive CLE), as well as a forum for our local energy practitioners and judges to get to know one another better. With that in mind, we have already lined up speakers for the next couple of luncheons that we believe you will enjoy; however, we welcome input if you have a particular speaker or topic you would like us to pursue. We are also looking into hosting one or more happy hours in an effort to bring a little added “energy” to the Energy Section and to provide a different, and less formal, forum for fellowship. Stay tuned for details. We hope you will pay the modest dues to join the Energy Section, attend our events and encourage others to do the same. Please do not hesitate to contact me with any suggestions or comments. David A. Palmer • Moses, Palmer & Howell, L.L.P. 817.255.9102 • dpalmer@mph-law.com
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S
! ! ! e t a D ave the
Tarrant County Bar Foundation
Luncheon
Keynote Speaker: Justice Eva Guzman Texas Supreme Court & Liaison to Texas Access to Justice Commission
Thursday, October 22, 2015 11:30 a.m. – 1:00 p.m. City Club of Fort Worth .5 Hours of MCLE (pending)
Supporting Tarrant County’s Pro Bono Programs:
Texas Lawyers for Texas Veterans–Tarrant County (“TLTV”) Tarrant County Volunteer Attorney Services (“TVAS”) & Recognizing Pro Bono Volunteers, Community Partners, and Participants in the Corporate Counsel Pro Bono Initiative Sponsorship opportunities are available. For More Information, Contact Megan Cooley 817.338.4092 or megan@tarrantbar.org
Law Offices of Jason Smith
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GRIFFIN W. COLLIE 2514 BOLL STREET DALLAS, TEXAS 75204 214.484.4323 PHONE www.grievancedefensefortworth.com
The Catholic Diocese of Fort Worth
Red Mass September 17, 2015
The Red Mass Committee of Fort Worth, Texas, cordially invites all attorneys, judges, public officials, and their families and staffs to attend the 2015 Red Mass on Thursday, September 17, 2014, at 5:30 p.m. at Saint Patrick Cathedral in downtown Fort Worth. The Red Mass is an ancient tradition of the Church and Bar and is offered to invoke divine guidance and strength through the coming judicial term. A reception will immediately follow Mass at the Saint Patrick Parish Center adjacent to the Cathedral. This year's guest homilist is the Most Reverend Jerome E. Listecki, Archbishop of the Catholic Archdiocese of Milwaukee. Heavy hors d'oeuvres and beverages will be served at the reception. There is no cost to attend the Mass or the reception, but we gratefully accept donations to underwrite the event. To RSVP, learn more about the Red Mass, or make a donation, please contact David Pels at 817.877.8141 or dpels@shannongracey.com, or visit www.FortWorthRedMass.org.
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September 2015
23 www.tarrantbar.org ■ September 2015
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@TLIE_
facebook.com/TLIE01
APPEALS SMYTHE PC
BECAUSE THE PEN IS MIGHTIER
777 MAIN STREET SUITE 600 FORT WORTH, TX 76102 817-666-9475 WEBSITE: APPEALS.ME
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September 2015
TARRANT COUNTY BAR ASSOCIATION PRESENTS
ETHICS
Brown Bag
Seminar Series
SEPTEMBER 18, 2015 Join us for ETHICS CLE credit at Tarrant County Bar Association Office, 1315 Calhoun Street, Fort Worth Moderator: Lynn Kelly, Lynn Kelly Law Firm PC
Noon
Check In
12:30 pm
10 Ways to Avoid Being Grieved Steve Lee
1:15 pm
Lawyers Concerned for Lawyers/TLAP Robert E. Aldrich, Jr., Aldrich PLLC
2:00 pm
Break
2:15 pm
Grievances/CYA/ Client Communications Bob Hinton, Robert Hinton & Associates, PC, Dallas
3:00 pm
Panel: Ethical Issues Seen By Judges Judge Mollee Westfall, Judge Melody Wilkinson & TBA
3:45 pm
Adjourn
3 hours of CLE ETHICS credit requested (This program will be videoed for showing throughout the year.) ----------------------------------------------------------------------------------------------------------Brown Bag Registration: September 18, 2015
_____ $70 TCBA Member
_____ $95 non-TCBA Member Staff
_____ Brown Bag Season Pass Holder
_____ $35 TCBA Member
_____ $12 for a boxed lunch
Add $5 if registering after September 16 Please complete this form and return to the TCBA office at 1315 Calhoun Street, Fort Worth, Texas 76102 with a check payable to TCBA or with credit card information. If you have questions, please call Sherry Jones at 817-338-4092 (Fax: 817-335-9238). Name: ___________________________________________________________ Phone: _________________________ Firm: ____________________________________________________________ Fax: ___________________________ Address: _____________________________________________________________ Billing Zip: _____________ Method of Payment: _____ Check
_______ Check Number
______ MC
______ Visa
_____ Am Ex
Credit Card Number ________________________________________________ Expiration ______________________ Name on Card _____________________________________________________ Security Code ___________________
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September 2015
Medi8withHughes.com John W. Hughes One of the nation’s most experienced and respected mediators. 817.291.4147
Classified
Advertising
Employment Opportunities
Commercial Litigation Associate. Ten lawyer downtown Fort Worth firm seeks Commercial Litigation Associate, preferably with 3+ years of experience. Reply to aperritt@popehardwicke.com. 4 Premium offices & receptionist area available for sublease on Hulen Street in Arlington Heights. Internet and utilities are included. $1000 per office. Call Julie Wilkins at 817-683-6619
LUXURY PROFESSIONAL OFFICE SPACE AVAILABLE Enhance your professional image and increase your earning potential in a highly desirable location with easy access to all Courts in The Dallas/Fort Worth area. • Established law firm with stellar reputation and high visibility • Professional, current and well appointed offices • Panoramic skyline views • Flexible rental/office-share arrangements • Full access to office staff available • Professional website exposure and marketing services available • Desirable location with on/off access to I-30 & all Courts in Dallas/Fort Worth 2 offices available: August 1st move in date; September 1st move in date Turn Key Office Space Design Services available upon request
Reply to rdweaver@weaverlawfirm.net 26
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September 2015
Thank you to these volunteers: 06/11/2015 Norma Bazán Sylvia Duarte Scott Phillips Sandra Thompson Staff - Carolina Ibarra 06/25/2015 Norma Bazán Chris Brown Sylvia Duarte Bryce King George Lockwood Scott Phillips Nik Skokowski Sandra Thompson Staff - Carolina Ibarra
We always need volunteers!!! Please consider donating two hours of your time the 2nd and 4th Thursday, January through November from 6-8pm. LegalLine is a valuable community service outreach program that needs your time and skills. If you are interested in volunteering or sponsoring, please contact Carolina at 817.338.4092 or email carolina@tarrantbar.org.
d. a frien g n i r B
Dinner served at 5:30 p.m. for all volunteers!
Bench Bar Conference • April 22 -24, 2016 Hilton Rockwall Lakefront
Save the Date Advertisers’ Index Deborah Adame. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Barlow Garsek & Simon, LLP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 The Catholic Diocese of Fort Worth Red Mass. . . . . . . . . . . . . . . . . . . . . . 22 The Collie Firm PLLC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 John W. Hughes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18, 26, 28 Edward Jones. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Fort Worth JSB Companies, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Frank R. Jelinek. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Juris Fabrilis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 KoonsFuller. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . inside front cover Law Offices of Jason Smith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
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Law Offices of Steven C. Laird, P.C.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 LexisNexis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . inside back cover Parker Law Firm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Park Place Enterprises, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Law Pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Southside Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Smythe PC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Stephens Anderson & Cummings. . . . . . . . . . . . . . . . . . . . . . . . . back cover Texas Lawyers’ Insurance Exchange. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Tindall Square Office Complex. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Weaver Law Firm. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Other Associations’News & Information Arlington Bar Association Meets on the 3rd Wednesday of each month. President, Larry Gaydos. For location & information, email arlingtonbarassociation@yahoo.com or call 214.651.5622. Black Women Lawyers Association For meetings and information, contact Sue Allen, President at 817.926.5005 sue@sueallenlaw.com. Contact Sue Allen, President at 817-926-5005 or sue@sueallenlaw.com. Dee J. Kelly Law Library Welcomes Bar Members! For the latest Texas A&M University School of Law library hours and information, please visit http://law.tamu.edu, or call 817.212.3800. Fort Worth Chapter Association of Legal Administrators Meets on the 2nd Tuesday of each month at the City Club, 301 Commerce Street, Fort Worth, 76102. For more information, contact Lisa Boyd, 817.339.2478 or LBoyd@ BELaw.com. Fort Worth Paralegal Association - General Membership Meetings are held at noon every 4th Thursday of the month at Joe T. Garcia’s, 2201 N. Commerce. FWPA Board of Directors meets at noon every 1st Tuesday of the month at the Bar Center. For more information, go to www.fwpa. org. L. Clifford Davis Legal Association (f/k/a Tarrant County Black Bar Association) holds its meets on the 3rd Tuesday of each month at 6:00 p.m. For more information, contact President Mary Panzu at 817.260.9778.
Scholarship Banquet Dinner L. Clifford Davis Legal Association’s Annual Scholarship Banquet Dinner will be held on Friday, September 11 beginning at 6 p.m. at the Hilton Hotel, 815 Main Street. Tickets are $65 per person and may be purchased from Antonio Allen 817.877.2852 and Faye Watson 817.878.2423.
MABA (Mexican American Bar Association) Meets on the last Thursday of each month at Rivas Mexican Restaurant, 5442 River Oaks Blvd., River Oaks 76114. For more information, contact President Eloy Sepulveda at 817.332.1285. Northeast Tarrant County Bar Association (NETCBA) Meets for CLE luncheons on the 3rd Tuesday of each month at La Hacienda Restaurant, Hwy. 121. Contact President Leslie Barrows at 817.481.1583, lbarrows@ barrowsfirm.com. Tarrant County Criminal Defense Lawyers Association (TCCDlA) Meets every 2nd Thursday at Joe T. Garcia’s, 2201 N. Commerce. For more information, contact President Randy Bowers at 817.348.8094 or LELERB@ sbcglobal.net. Tarrant County Family Law Bar Association Meets at noon on the 4th Tuesday of each month at Family Law Center Assembly Room on the 2nd floor. For more information, contact President David Kulesz at 817.226.1100 or david@LKattorneys.com. Tarrant County Probate Bar Association Meets on the 1st Thursday of each month at the Petroleum Club—members free, guests $30. For more information, contact Tena Fox, 817.280.0811 or tfox@leachlaw.com. Tarrant County Trial Lawyers Association Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact John S. Jose at 817.288.8988. Tarrant County Young Lawyers Association 2015-2016 new Bar Year began September 1, 2015. If you need an application or meeting information, call 817.338.4092, email cindy@tarrantbar.org, or go to the website at tcyla. org. Texas Association of Defense Counsel Meets for lunch every 4th Wednesday at Angelo’s. Contact George Haratsis, McDonald Sanders, 817.336.8651 for more information.
Medi8withHughes.com
parkplacegraphics.com
John W. Hughes One of the nation’s most experienced and respected mediators. 817.291.4147
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September 2015
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September 2015
BAR BULLETIN • September 2015 Tarrant County Bar Association 1315 Calhoun Street Fort Worth, Texas 76102-6504
c When c your clients
ADDRESS SERVICE REQUESTED
PRESORTED STANDARD U. S. POSTAGE PAID FORT WORTH, TX PERMIT 1807
are beat up by the system,
∑
refer them to the firm If any of your contact information is incorrect, please submit your corrected information to the TCBA office at 817.338.4092, fax to 817.335.9238 or e-mail to tcba@tarrantbar.org
that
knows the ropes. yy
Call
us
TCBA Member Benefits Vendor List
t o d ay
817.920.9000 | STEPHENSANDERSON.COM
personal injury | wrongful death truck & auto litigation | referral fees honored Jason Stephens is licensed in Texas and Oklahoma. Seth Anderson is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. John Cummings is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and in Civil Trial Law by the National Board of Trial Advocacy.
STEPGENL5003_Ad_Concepts_3.625x10_R3.indd 1
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TCBA members may take advantage of discounts provided by the following vendors: ABA Retirement Funds program provides full-service 401(k) plans to benefit the legal community. To learn more, contact local rep. Jacob Millican at 817.451.5020 or visit www. abaretirement.com. AMO Office Supply offers TCBA members the lowest price guaranteed on office supplies, with next-day delivery and free shipping! Call 800.420.6421. Falcon Litigation Solutions offers discounts on copying, litigation displays, trial boards, etc. Call 817.870.0330. Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed materials—business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817.577.0572. Fort Worth Zoo, discount tickets - $9.50 adult, $6.50 for child or senior. For tickets, contact cindy@tarrantbar.org or 817.338.4092. If mailing or charging tickets, add 50 cents. Sprint offers 15% off the monthly service. For info, contact cindy@tarrantbar.org or 817.338.4092. UPS - TCBA has signed an agreement with UPS for TCBA members to receive discounts on shipping. The discounts vary according to the type of shipment, but check out UPS for your needs. www.ups.com or 1.800.PICK.UPS. For IT help: Juris Fabrilis-Cool Tools for Lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101. For Shredding and Document Disposal: Magic Shred is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Expanco is N.A.I.D. AAA-Certified document-destruction service offering 40% off to TCBA members. Call TCBA office for details on both.