Tarrant County Bar Association Bar Bulletin (April 2018)

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Bulletin April 2018

Front Row (L-R): David Keltner, Blackstone Award; Tennessee Walker, Outstanding Young Lawyer Award; Back Row (L-R): Larry Moore, Professionalism Award; Gerald Pruitt, Outstanding Mentor Award; Justice Bill Meier, Silver Gavel Award;

Law Day Awards Dinner

Tuesday, May 8, 2018 g 6:30 PM g Fort Worth Club



President’s Page

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Bench Bar is Here!

s much as I love March, April holds a special place in my heart. In addition to it being my birth month, April ushers in a Tradition Like No Other—The Masters. Two years ago, I celebrated my 50th birthday by walking the hallowed by Nick Bettinger grounds of Augusta National for the first time. It was only a practice round, but just being able to walk the majestically green turf and take in the rainbow of colors in the azaleas was an experience I will never forget. Last year, I was blessed to be invited to the Drive, Chip and Putt finals, which takes place the day before the tournament. My son and I ate lunch in the clubhouse and met several Masters champions. Thanks for the memories, April. April also serves up the TCBA Bench Bar Conference. This year we head to the Hill Country to celebrate the 25th annual conference at the Horseshoe Bay Resort on April 2021. I attended my first Bench Bar Conference in the mid90’s at Tapatio Springs outside San Antonio. I had the opportunity to meet a number of judges and seasoned lawyers in a social setting. Many are still friends of mine to this day. Judge Fred Davis taught me a great deal about being a civil litigator in between lessons about how to improve my golf swing! In addition to the prestigious Judge’s Cup golf tournament, we typically have a wine tour on Saturday. That tradition returns this year, and it is always a great time. Ask Steve Laird to tell you his favorite story about the wine tour. Of course, education is a primary purpose of the conference, and we’ve put together a fantastic group of speakers and topics covering current issues in multiple practice areas. Ryan Scharar will give us the highlights of the new tax law. Antonio Allen and Susan Hutchison will give two perspectives on Sexual Harassment in the Workplace. You surely won’t want to miss the eye-opening panel discussion on ransomware. We also have two judicial panels with tips and updates from the Tarrant County district and appellate courts. Seven hours of CLE, with two of those in ethics! This year, for the first time, spouses are welcome — but not required—at Bench Bar. Here is your chance to take your spouse on that weekend getaway you’ve always promised.

A big thank you to all of the TCBA Bench Bar sponsors who help make this the best bar activity of the year. Sign up soon. Space is limited. I hope to see you there. Wellness One of my goals this bar year was to bring some wellness education to our membership. I have included some tips and suggestions in my monthly articles, and two wellness seminars were hosted at the Bar Center. Sadly, participation did not live up to my expectations. I understand. We’re all busy. We all have families and obligations. But hey, you can’t change the tires unless you stop the car! Come on. Set a goal. Make a plan. You spend most of your waking hours fighting hard for others. Channel some of that dedication into improving yourself. Alexa, meditate with me (she will, by the way). Tech Time If you took last month’s tip and cleared your inbox, it is time to get that electronic calendar organized. Assuming you are using Outlook (why would you use anything else?), here are a few tips to help manage your busy schedule. If you receive information about meetings and events via email, just drag the message to the calendar folder and a new appointment window will pop up with the text of the e-mail in the body of the appointment. Fill in the time and reminder, and save. What about those paper invitations that clutter your desk? Scan them to a PDF, open a new appointment, and drag the PDF into the body. Fill in the date and set the reminder for the deadline to RSVP. Also, Outlook is pretty smart. If you don’t know the specific date for a new appointment, you can type things like “next Friday” or “two weeks from today” and it will fill in the correct date. Balloon of the Month

A Golf Bag Like No Other. Have a great month. g

Nick

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Contents

Features 3 Law Day 2018 23 14th Annual People's Law School 25 Annual Blood Drive Departments 1 President's Page 8 YLA Snapshot 9 Calendar of Events 11 100 Club 12 Lawyers on the Move & in the News 12 Membership Report 13 Tarrant County Volunteer Attorney Services 13 LegalLine 14 Judicial Profile - Judge Judith Wells 15 A Word From Our Sections 16 Snippets 19 Lawyer Referral & Information Service News 20 CLE Corner 20 Vendor List 21 Texas Lawyers for Texas Veterans 22 Other Associations' News & Information 28 Benefits of Membership

Advertiser's Index

Bailey & Galyen ..................................................15 Adame..................................................23 Deborah Dispute Resolution Services.................................19 Dorsett, Johnson & Swift......................................21 Juris Fabrilis........................................................20 KoonsFuller.................................Inside Front Cover Law Offices of Jason Smith..................................21 Law Offices of Steven C. Laird, P.C.......................10 LawPay...............................................................26 Parker Law Firm...................................................18 Stephens Anderson & Cummings...........Back Cover Tarrant County Family Law Bar Association.........19 Texas Lawyers' Insurance Exchange.....................22 Tindall Square Office Complex.............................23 The Collie Firm....................................................22 The Medlin Law Firm............................................8

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Tarrant County Bar Association 817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org 2017-2018 Officers

President................................Nick Bettinger President-Elect..........................Lance Evans Vice President.............................John Cayce Secretary-Treasurer...............Gary L. Medlin

Directors Term Ends 2019

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Director..............................Susan Hutchison Director............................Jason C. N. Smith Director............................Tennessee Walker

Term Ends 2018

Director..................................Cody L. Cofer Director..............................Veronica C. Law Director..........................................Lu Pham

2017-2018 Appointed Directors

Appointed Director.......................Joe Regan Appointed Director................Lori Spearman

Tarrant County Young Lawyers Association Spring 2018 President.....Katherine Hopkins Fall 2018 President.....................Rob Henry

Immediate Past President......Robert G. West Executive Director.................Megan Cooley Ex-Officio Members State Bar of Texas Director............................Gary L. Nickelson Director...............................Curtis Pritchard Bar Bulletin Editor...................................John F. Murphy Assistant Editor.....................Kathleen Flacy Graphics/Production............Elizabeth Banda TheTarrant County Bar Bulletin is a monthly publication of the Tarrant County Bar Association. Articles, photos, suggestions or comments should be directed to: elizabeth@tarrantbar.org 1315 Calhoun Street ▪ Fort Worth, TX 76102-6504 Deadline for submission is the 20th day of the month, two months prior to the date of the issue (e.g., March 20 for the May issue). Items for publication may be emailed to elizabeth@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. Advertisements and feature articles should not be considered an endorsement of any service, product, program, seminar or event.


Law

Day

May 8, 2018 g 6:30pm Reception g 7:00pm Dinner & Awards g Fort Worth Club RSVP to Sherry Jones at 817.338.4092 or sherry@tarrantbar.org

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$65 Per Person g $130 for Two Tickets g $750 for Reserved Table of 10

aw Day, May 1 annually, is a national day set aside to celebrate the rule of law. Law Day underscores how law and the legal process contribute to the freedoms that all Americans share. In Tarrant County, the Tarrant County Bar Association and the Tarrant County Young Lawyers Association have traditionally celebrated this day by honoring and recognizing outstanding members of the bar and judiciary. These award recipients stand out in their service to our legal community and the community at large. The Blackstone Award has been given annually since 1963 and recognizes a legal career that exemplifies professional aptitude, integrity and courage. David Keltner’s career has been this and more. The Silver Gavel Award recipient, Justice Bill Meier, has made a substantial and noteworthy contribution to the legal profession as a member of the judiciary. The

Professionalism Award is given to a member of the bar who has displayed outstanding professional conduct, which this year’s recipient, Larry Moore, has unequivocally displayed in his career. The Outstanding Young Lawyer Award recipient is given by the TCYLA and is given to a young lawyer who is recognized for their proficiency, service to the profession and service to the community. Tennessee Walker has been active in TCYLA and has been involved with several community service programs. The Outstanding Mentor Award recognizes an attorney or judge who has demonstrated a commitment to mentoring young lawyers in the legal community. Gerald Pruitt has been devoted to mentoring new attorneys and serving as an example in professionalism to them.

Special Guest

School of Law Board of Visitors, chairs the Supreme Court’s Children’s Commission, and is the Court’s liaison to the Texas Access to Justice Commission. Before taking the bench, Justice Guzman enjoyed a successful 10 year legal career in Houston. She holds a B.B.A. from the University of Houston, a J.D. from South Texas College of Law Houston, and an LL.M. from Duke University School of Law.

Justice Eva Guzman, Supreme Court of Texas

Justice Eva Guzman has served at all levels of the Texas judiciary. Her judicial service began when then Governor George W. Bush appointed her to the 309th District Court in Harris County. In 2001, then Governor Rick Perry appointed her to the Fourteenth Court of Appeals in Houston, where she served nearly a decade before her appointment to the Supreme Court of Texas in 2009. When elected to a full term in 2010, Justice Guzman became the first Hispanic woman elected to statewide office in Texas. In 2016, she won re-election with 4.88 million votes, the highest vote total in Texas election history. An American Law Institute member since 2006, Justice Guzman was honored as the 2016 Appellate Judge of the Year by the Texas Association of Civil Trial and Appellate Specialists, serves on the Duke University

Blackstone Award

David Keltner

David grew up with the law and is surrounded by lawyers. From his earliest days, David wanted to be a lawyer like his dad, the accomplished and longtime celebrated Ed Keltner. His dream came true. David has practiced for 42 years, he married a lawyer, and his youngest child is in a pre-law program. And no one would dispute that David is accomplished and celebrated. In fact, that does not even begin to tell the story.

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In high school, David worked on the weekends in the Hudson, Keltner, Smith & Cunningham library. Back in those days, the updating of loose leaf services presented a tedious and time-consuming challenge. If the new pages were not put in the proper order, the entire book became useless. David confesses that he messed up several books, but eventually he got it right. He learned, however, that his highest and best use was not going to be as a law librarian. Instead, off to law school he went. Out of law school, David was lucky to join Shannon, Gracey, Ratliff & Miller. In those days, firms like Shannon Gracey had an active trial docket, and David had a baptism by fire. In his first six weeks at Shannon Gracey, David was assigned to the hard-charging Bill Bowers. In his first six weeks on the job, Bill tried five lawsuits with David in tow. Eventually, David was assigned to Kleber Miller, one of Fort Worth’s legendary lawyers. To say that Kleber Miller was a hard task-master is an understatement. But he was a wonderful mentor. As David puts it, “Kleber taught me all I know, but not all he knows.” Not long after he started working with Kleber, David confided that, since his law school moot court days, he had wanted to do appellate work. But Kleber was not so sure that appellate work was right for David. As Kleber explained, “People become appellate lawyers because they have no personality. You have at least some personality.” For better or worse, David was hardheaded, and he started taking on all the appeals he could get. From the very beginning, appellate work and David were a perfect fit. When Justice Walter Jordan retired from the Fort Worth Court of Appeals, David threw his hat in the ring for Justice Jordan’s spot. Initially, six other lawyers were interested, but, one by one, each withdrew. The last to withdraw was the well-respected chief staff attorney of the court, who withdrew after the deadline for removing his name from the ballot. As a result, David was unopposed, but he still ran the risk of losing the election. As David put it, “If I lose—I will have to leave the state.” Fortunately for David, he won the primary, and Governor White appointed him to the court of appeals in September of 1986. During this time, David met and married his wife, Larisa, who had just graduated from Texas Tech Law School. She later started a legal publishing business. They went on to have two children, Elena and Jack. After the children came, Larisa sold her business and eventually returned to practice as an ad litem in Child Protective Service cases. David returned to private practice in 1990. He joined Haynes and Boone and established a statewide appellate practice. Eight years later, he joined Jose, Henry, Brantley & Keltner alongside his longtime friends John Jose, Mike Henry, and Rickey Brantley. For the last 11 years, David has practiced at Kelly Hart & Hallman. Before Mr. Kelly’s untimely death in 2015, David worked side-by-side with Mr. Kelly on many matters. “Dee Kelly was an amazing lawyer,” David said. “He loved his clients and

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let nothing get in the way of their success.” Just like Kleber Miller, Dee Kelly was a wonderful teacher and mentor to David. “Dee thought outside the box. If someone was in litigation with Dee’s clients, he constantly expanded the battlefield. If there wasn’t a judicial remedy, he would find a legislative fix. If the legislative fix didn’t work, he would find some practical solution. He just got things done.” Over the years, David’s passion became the State Bar of Texas. Just like his father and Kleber before him, he was elected to the Board of Directors for the State Bar of Texas. In turn, he was elected Chair of the Board in 2000. He has served the State Bar of Texas in other capacities as well, chairing both the Litigation Section of the State Bar and the Fellows of the Texas Bar Foundation. David also has participated actively in CLE programs, speaking over 200 times on procedural matters for State Bar CLE courses and law schools. David is proud to have been one of the drafters of the Texas Lawyers’ Creed. Originally a State Bar of Texas project, the Creed was adopted by both the Texas Supreme Court and the Texas Court of Criminal Appeals. Since adoption it has served as a model for other jurisdictions. David lent his significant leadership skills to educational organizations as well. He served on the Board of Trustees of Trinity Valley School for 11 years and was President of the Board for three years. He currently serves on the Executive Board of SMU’s Dedman School of Law, and he is Chair of the Dean’s Advisory Council of the Texas A&M University School of Law. He also is on the Board of Visitors of the University of Texas McDonald Observatory. Last but certainly not least, David served on the Board of Directors of the Tarrant County Bar Association. In 201516, he served as President. He was lucky to be supported in that role by long-time Executive Director Trisha Graham, who claims she promised Dee Kelly she would not retire until David completed his term as President. Evidently, Mr. Kelly thought David needed help, and he got it! David has been lead counsel in over 300 appeals across the country. He has appeared in virtually every appellate court there is—from the United States Supreme Court to the Texas Supreme Court to other federal and state courts of appeals. He also has represented clients in nearly every conceivable situation—from business clients involved in high stakes litigation to pro bono clients literally fighting for their lives. No matter the court or the case, however, David’s resolve always has remained constant. As a result, in many of the appeals that David has handled, the law has changed or been clarified. Along the way, David’s peers repeatedly recognized his contributions. In 1996, David was selected as a Fellow of the American Academy of Appellate Lawyers. He is one of only 320 national members. Later, the Texas Bar Foundation honored him with the inaugural Gregory S. Coleman Outstanding Appellate Lawyer award. Best Lawyers named him the “Appellate Lawyer of the Year” for Dallas and Fort Worth


in both 2016 and 2018. Texas Super Lawyers, a Thompson Reuters Service published by Texas Monthly, listed him as one of the ten best lawyers in Texas for the last eleven years, and named him the “Top Point Getter” for three of those years. Additionally, the Texas Bar Foundation awarded David with the Dan Price Award for excellence in legal writing and the Outstanding Law Review Award. The State Bar of Texas honored him with the Gene Cavin Award for excellence in continuing legal education presentations. And the State Bar College presented him with the Jim Bowmer Professionalism Award. Asked what the best development in the practice of law has been in the last 40 years, David responded, “the admission and acceptance of women. When I graduated law school in 1975, there were about 20 women in our class of 240. Today, most law school classes are evenly divided between men and women.” David pointed out that the Chief Justice of the Fort Worth Court of Appeals and the Tarrant County District Attorney both are women. “I am proud to live and practice law in a day when the makeup of the practicing bar better reflects the makeup of Texas citizens, and when a candidate’s qualifications to serve in a position of leadership carry the day.” Asked about what legacy he wants to leave, David responded that “living up to Dad, Kleber Miller, and Dee Kelly is an almost impossible task. But I hope I mentor younger lawyers like they did. Each of them loved the law, dedicated himself to getting it right, and fought for his clients.”

Silver Gavel Award

Justice Bill Meier

On December 31, 2018, after serving ten years, Justice Bill Meier will retire from the Second Court of Appeals. He leaves public life and a political career with a reputation for always standing up for his convictions, making long-lasting friends, having fun, and establishing world records in the process. Born and raised in Waco, Texas, he learned early on the benefits of hard work and the importance of salesmanship. When something was wrong, he stood up for himself. His hard work began after high school when he went to work, two days after graduation, in the factory of the Owens-Illinois Company where his father worked. After eight months of factory work, he left for Stephenville, Texas to enter Tarleton State Junior College on a basketball scholarship. While in school, he held two other jobs to support himself. One was working as a supervisor in the dormitory and the other was selling men’s clothes at Hugon’s Clothiers. In 1961, he began college at the University of Texas and after two years was permitted to enroll in the law school. In

1966, he earned his undergraduate and law school degrees and graduated with a Bachelor of Science degree from the University of Texas and his LLB from UT Law School. His first job after law school was with the Trust Department at Republic Bank in Dallas. Only a few weeks into the training program, he realized that the program was not for him. He began looking for another job and applied for a position at the Dallas District Attorney’s Office. When being interviewed, Dallas District Attorney Henry Wade told him, “You are going to be a fine lawyer, but I need attorneys who are tough enough that they can eat raw meat, and I don’t think you are that type.” Later Meier took a position with the Dallas Legal Services Project as the first public defender in Dallas County. This put him on the opposite side of the District Attorney’s office. In 1968, after two years with the Dallas Public Defender’s office, Meier joined the firm of White, McElroy & White in Dallas. One year later, he moved to Fort Worth to practice law as a named partner in the firm of Campbell, Beadles, Wood & Meier. The firm later became known as Lattimore, Campbell, Beadles, Wood & Meier and then Meier, Keith & Adams. In 1972, Meier entered public life and ran for State Senate District 10 of the Texas Legislature. He won the seat representing the northern half Tarrant County. In 1974, during the Texas Constitutional Convention, he served as Chairman of the Executive Committee drafting a new proposed Article II for the proposed new constitution. Having earned a pilot’s license in 1968, Meier flew himself to Austin to serve in the Legislature. In 1983, Meier ended his tenure in the Senate after ten years. He loved his time in the Legislature. “The Texas Senate is the best public office anyone can hold. I was only thirty-two when I was elected. I was blessed.” He returned to private practice in Bedford, Texas, setting up The Law Offices of William C. Meier, and for the next twenty five years he handled a transactional and litigation practice involving representing individuals and small business, organizing companies, and handling their legal needs. Meier’s transition to the appellate court was a life change for him. He came to realize a few days after sitting in the courtroom that he would never be a courtroom advocate again. His life was forever changed. “I did enjoy the trial work. It was a rude awakening to me that it was over when I got on the court. I realized that I was finished trying cases. I was no longer a courtroom lawyer. This was a shock. I was never going to be a courtroom lawyer again.” In 2014, Meier turned 74 years old and was up for reelection. He was permitted to run again because the law allows a justice to be on the election ballot at 74 but mandates retirement at 75 or four years after the election. When he retires December 31, 2018, he will be one of the oldest active jurists in the state at age 78. “I will have spent 20 good years of my life in public service.” In looking back over his years on the court, Justice Meier said, “The court that I serve on is the second oldest court. It is of historical significance. We have 1.8 million people in Tarrant County and 1 million in the other 11 counties, for a total of 2.8 million. It’s one of the busiest dockets. That is significant because seven justices each write around 125 opinions a year, which requires a lot of attention to duty. Our court has had stability by the terms

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of the judges that serve and their handling of appeals. We have been blessed with an excellent set of district and county court judges in the Second Court of Appeals District. Rarely do the judges make an error in the law, and the good work is reflected by the ninety percent affirmance rate of appeals. That has been the history of the court in my nine years of service.” Justice Meier and Ann Meier have been married thirty-one years. They have three children—son Jon Curlee, son Joshua Meier, and daughter Shelly Smith—and seven grandchildren.

Professionalism Award

Larry Moore

Larry M. Moore has been practicing criminal law in Tarrant County for more than forty years. A Phi Beta Kappa graduate of TCU, and a graduate of the University of Texas School of Law, Larry first began working for the Tarrant County Criminal District Attorney’s Office in November of 1977, for District Attorney Tim Curry. Larry initially became Board Certified in Criminal Law by the Texas Board of Legal Specialization in December of 1982, and he has been continuously recertified as a criminal law specialist every five years thereafter. Larry was selected as the first Chief of the newly formed Economic Crimes Section of the District Attorney’s Office in 1981, and in 1984, he was appointed as Chief of the Criminal Division of that office. Larry served in that position until January of 1986, when he left the office to enter the private practice of law specializing in criminal defense. Larry remained in private practice until January 1st, 2015, when he returned to the District Attorney’s Office to once again serve as the Chief of the Criminal Division of that office for newly elected District Attorney Sharen Wilson. Larry has been rated “AV Preeminent” by Martindale-Hubble since 1997, and he was selected as a Texas “Super Lawyer” in criminal defense by Texas Monthly Magazine from 2004 through 2014. He was also repeatedly selected as a “Top Attorney” in criminal defense by Fort Worth Magazine. Larry was elected to serve upon the Board of Directors for the Texas Criminal Defense Lawyers Association from 2002 through 2008; and he was elected to serve as an officer and/or director for the Tarrant County Criminal Defense Lawyers Association from 2002 through 2010. In 2004, Larry served as President of that Association. Larry also formerly served as a member of the State Bar of Texas “Legal Services to the Poor in Criminal Matters Committee” (1999 through 2003, and 2008 through 2011); and Larry was also one of the initial members appointed to serve upon the “Committee on Standards for the Qualifications of Attorneys for Appointment to Death Penalty Cases in the Eighth Administrative Judicial Region of Texas” upon its inception. During his tenure upon that Committee, Larry was the primary author of the “Qualifications and Standards for Appointment in Death Penalty

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Cases” which were initially promulgated by the Committee, and which are still utilized today. Larry served upon that Committee from its inception in 1989, until 2011. Larry has previously served as an instructor for graduate level seminars on the death penalty at the University of Texas at Arlington, and he is a former Director of the Innocence Project of Texas. He has also served as local counsel for the Innocence Project in New York for cases in Tarrant County. He also previously served as the Adjunct Professor supervising the Wesleyan Innocence Project at Texas Wesleyan University’s School of Law. Larry has been elected as a Fellow of the Texas Bar Foundation and of the Tarrant County Bar Foundation, and he was also elected to the “Prosecutor’s Society” of the Texas District and County Attorney’s Association. Larry is married, and has two children.

Outstanding Young Lawyer Award

Tennessee Walker

Family comes first for Tennessee Walker. He is the proud husband to his much better half, Dr. Lauren Walker, DVM, and the loving (and often exhausted) dad to their two boys—Renner and Cooper. He credits his parents, Gary and Mary Walker, for teaching him the value and reward of hard work. During working hours, Tennessee Walker is a partner at Patterson Law Group where he specializes in Plaintiff’s personal injury litigation. Prior to joining Patterson Law Group, Tennessee was a partner at Harris, Finley & Bogle where his practice primarily focused on commercial litigation. Outside of family and work, Tennessee is passionate about Fort Worth and our local and State Bar Associations. He is an ardent supporter of Big Brothers Big Sisters—and he encourages you to join him. Tennessee has been matched with his little brother Montrell for over 7 years. In that time, Montrell has grown to be a fine (not so little) young man—he now towers over Tennessee. Tennessee also serves as a Director for Tarrant County Big Brothers Big Sisters. In addition, Tennessee is a Rotarian, a member of the Fort Worth Club Membership Committee, an alumni and supporter of Leadership Fort Worth, and a proud member of the Tarrant County Texas A&M Club. With the rest of his time, Tennessee serves the Bar. He is a past President of the Tarrant County Young Lawyers Association; a current member of the Tarrant County Bar Association Board of Directors; a current member of the State Bar of Texas Pattern Jury Charge Committee (Green Book); a current LeadershipSBOT program participant; a Texas Bar Foundation Fellow; a Tarrant County Bar Foundation Fellow; a member of the Eldon B. Mahon Inn of Court; former Chair of the Tarrant County Bar Association Election Committee; and former Chair


of the Tarrant County Bar Association Big Brothers Big Sisters Committee. Tennessee was named to the Fort Worth Business Press 40 Under 40 list in 2013; has been named a Rising Star by Super Lawyer’s Magazine since 2014; and a Top Attorney by FWTX Magazine since 2010. He was also named Big Brother of the Year in 2013 by Big Brothers Big Sisters Lone Star.

Outstanding Mentor Award

Gerald Pruitt

Gerald Pruitt was born in Durant, Oklahoma but moved to Raymondville, Texas at a very young age. In 1968 his parents and three brothers moved to Haltom City where he graduated from high school in 1972. While living in Raymondville, Gerald decided to become an attorney. 4-H meetings in Raymondville were held in the Willacy County Courthouse District Courtroom, and the Reber Memorial Library was on the Courthouse square; both helped in forming Gerald’s desire to become a lawyer. Gerald received his B.A. in History in 1975 from the University of Texas at Arlington. He attended the University of Texas School of Law, graduating in 1978. While in Austin he met his wonderful wife, Carolyn. While she says they are “day to day,” they have been married for 40 years. Carolyn, a fellow graduate of UT, recently retired after 20 years as a social studies teacher in the Carroll ISD, where she continues to volunteer. Gerald returned to Fort Worth and became an Assistant Criminal District Attorney. In 1980, Gerald joined a firm with Sterling Steves and Jim Morgan, but soon moved his practice to Arlington with L. Kelly Jones, a fellow lawyer from Steves and Morgan. While Gerald was practicing in Arlington, Carolyn’s previous job in the Tarrant County Planning Department introduced her to the City Manager of Mansfield who was in need of a city judge. Gerald applied for and was offered the position of Municipal Judge in Mansfield, a mostly night-court position he held for twenty years. While in Arlington, Pete Geren referred, and Gerald represented, a Texas Rangers baseball player in the successful defense of a paternity suit. Driving home one day he heard the radio report that the mother, angry at the would-not-be father, had dropped off the baby with the baseball player’s manager, Eddie Robinson, who announced that he had been called in as a pinch sitter. In 1983, Gerald and a college friend, Ken Curry, moved their practices to the Fort Worth Livestock Exchange Building where Gerald met lawyers Andrew Vogel, D. Lee Thomas, and Jim Lane. All four of those lawyers were instrumental in Gerald’s future career path. When Ken Curry moved his office, Gerald joined with Andy and D. Lee in a partnership that lasted

for 15 years and friendships that are everlasting. The part-time Mansfield position played perhaps the greatest role in Gerald’s career path as it led to a position in Sansom Park as then City Attorney Jim Lane’s part-time prosecutor, where Gerald would become City Attorney in 1987. Shortly after taking over as City Attorney, Gerald was faced with his first Section 1983 civil rights case following a police shooting outside city hall. His practice for many years had involved an eclectic mix of family and probate law, criminal defense, mechanic’s and materialmen’s liens, bankruptcy, personal injury, and an ever increasing circuit riding job as a night-court judge. His circuit grew to include judging in Mansfield, Everman, Crowley, Burleson, and Springtown while he was also serving as prosecutor in Kennedale and as City Attorney in Sansom Park. Gerald referred to himself during this time as “the Law of F.M. 1187.” Soon after this first civil rights case, Gerald began representing City of Fort Worth police officers as a conflicts attorney in what became the core of his day-time practice. During the 1990s, Gerald, as the police officers’ attorney, often teamed up with Senior Assistant City Attorney Richard E. Henderson, who represented the City of Fort Worth in its civil rights cases. In 2000, Jim Lane, then City Councilman in Fort Worth, encouraged Gerald to join Fort Worth City Attorney David Yett’s office as Deputy City Attorney over litigation, representing the City of Fort Worth in civil rights cases and other litigation matters. He continues to hold that position under current City Attorney Sarah Fullenwider. His position as Deputy City Attorney ended his night-court circuit riding, but has allowed him to become actively involved in TCBA functions including resurrecting the TCBA mentoring program (Transition to Practice) at the request of then TCBA President, Judge Melody Wilkinson, serving as its chair for a number of years before becoming chair of the TCBA Fee Arbitration Committee. Gerald found great joy as a mentor to his young colleagues at the Fort Worth City Attorney’s Office and those young lawyers he continues to be fortunate enough to interact with in the Transition to Practice program. Gerald’s advice to young lawyers is to accept opportunities as you never know where a law career will take you. He also advises young lawyers to understand that the Texas Disciplinary Rules of Professional Conduct are merely a floor for ethical conduct, but the aspirations can be found in the Texas Lawyer’s Creed and in The Golden Rule. We should comport ourselves in a manner that indicates our own belief in the honor of being a Texas lawyer. Gerald is a Sustaining Life Member of the Texas Bar Foundation and the Tarrant County Bar Foundation, as well as a member of the College of the State Bar of Texas since 1985. Gerald has an AV rating with Martindale-Hubbell Peer Review Ratings. Gerald and Carolyn have a daughter, Barbara Young, who is a graduate of UT and taught before beginning to raise her four children. There’s nothing as great as grandchildren who like to camp and fish with their grandparents! Gerald and Carolyn also have a son, Will Austin Pruitt, who is a Baylor Law graduate with an undergraduate degree from Texas A&M in Finance. After a time with Thompson and Knight in Dallas, Will now practices law in Fort Worth. Gerald hopes to join his son in the practice at least part-time in the future. g

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YLA Snapshot Katherine Hopkins, President TCYLA This spring, TCYLA hits a home run with its events! Community Service is at the forefront. Keeping in line with TCYLA’s goal of increasing community involvement, TCYLA directors gathered donations and prepared bags for the Necessity Bags Project. Directors filled Ziploc bags with items, including toothbrushes, toiletries, snacks, gift cards, socks, gloves, and blankets. Items were donated by TCYLA and its members or donated funds were used to purchase these items. Necessity bags will be distributed to local homeless shelters and at an upcoming legal clinic. This is the second year for this initiative and we hope to make it a staple of our community service efforts. A special thank you to our dedicated members for their time and contributions. TCYLA will be volunteering at the Ronald McDonald House on April 14. We need your help to prepare, cook, serve dinner and clean up afterwards. If you are interested and are able to assist, please contact me at katherine.hopkins@kellyhart.com. Plans are well underway for the TCYLA Annual Spring Fiesta on April 12 at Joe T. Garcia’s. Spring Fiesta is one of our most successful fundraising events. We hope to see you there.

Extra

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Finally, TCYLA is offering two exciting social events at ballpark venues. First, TCYLA is partnering with the Dallas Association of Young Lawyers to host a joint event at the Ballpark in Arlington on the evening of April 25. This will be a great way for TCYLA attorneys to engage with young lawyers from all over the DFW-Metroplex. Subsequently, TCYLA is hosting its Family Tailgate Event before the TCU v. Texas Tech game on April 29. There will be food, drinks and fun for the entire family. Whether Red or Purple – be sure to join us! n


Calendar of Events

April 2018

5 International & Immigration Law Section Luncheon 12 pm, TCBA Office 7 People's Law School 12:30 pm - 4:00 pm, Texas A&M University School of Law 11 Transition to Practice - “What Every Lawyer Should Know: Ethical Decision-Making, Discovery and ADR Preparation” 11:30 am, TCBA Office (Free) 12 Energy Law Section Luncheon 12 pm, Petroleum Club, Topic: Litigation Issues in AMI Agreements, Speaker: Chrysta Castaneda 12 LegalLine 6:00 pm - 8:00 pm, TCBA Office 13 Appellate Law Section Luncheon 12 pm, Petroleum Club 16 Bankruptcy Law Section Luncheon 12 pm, Fort Worth Club 17 Labor & Employment Law Section Luncheon 12 pm, Petroleum Club 18 Alternative Dispute Resolution Section Luncheon 12 pm, Petroleum Club, Topic: Staying Ethical While Acting Neutral, Speaker: Jeanne Huey

May 2018

1 TCBA/Fort Worth Chapter of Association of Legal Administrators Joint Luncheon 11:45 am - 1 pm, City Club 3 TVAS Family Law CLE 3:00 pm - 5:00 pm, TCBA Office (Free) 8 Law Day Awards & Dinner 6:30 pm, Fort Worth Club 9 Women Attorneys Section Spring Fashion Show 5:30 pm, White House Black Market 10 LegalLine 6:00 pm - 8:00 pm, TCBA Office 16 Live to Give Blood Drive 8:00 am - 4:00 pm, Tom Vandergriff Civil Courts Building 17 Construction Law Section Luncheon 12 pm, TCBA Office 17 Real Estate & Business Litigation Sections Joint Mixer 5:30 pm, Flying Saucer 18 Brown Bag Seminar - Pre-Trial 12 pm, TCBA Office 22 Tax & Estate Planning Section Luncheon 11:30 am, Petroleum Club

19 Construction Law Section Luncheon 12 pm, TCBA Office

24 LegalLine 6:00 pm - 8:00 pm, TCBA Office

20 Bench Bar Conference XXV April 20-22, Horseshoe Bay Resort

28 Memorial Day Holiday Office Closed

20 Tax & Estate Planning Section 11:30 am, Petroleum Club

29 Last Tuesday CLE 1:00 pm - 4:00 pm, TCBA Office 3 hours CLE in Ethics

24 Construction Law Section Luncheon 12 pm, TCBA Office 24 Last Tuesday CLE 1:00 pm - 4:00 pm, TCBA Office 3 hours CLE in Ethics 26 LegalLine 6:00 pm - 8:00 pm, TCBA Office

Save the Date April 20-22, 2018

May 16, 2018 Free CLE at 10 AM and 2 PM .5 Ethics requested for each session

APRIL 2018

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Steve Steve Laird Laird

Steve Laird is one of Steve Laird is one of the Top 100 Lawyers the Top 100 Lawyers in Texas* in Texas* There’s a Reason There’s a Reason

It takes years to establish It takes years to establish a good reputation a good reputation Handling Personal Injury Handling Personal Injury Wrongful Death Wrongful Death & 18-Wheeler Cases & 18-Wheeler Cases *Texas Super Lawyers, Top 100 *Texas2015-2016) Super Lawyers, Top 100Reuters (2005-2013, - Thomson (2005-2013, 2015-2016) - Thomson Reuters

Voted Voted again again as as One One of of the the Top Top 100 100 Lawyers Lawyers in in Texas! Texas!

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S St te ev ve en n C C .. L La a ii r r d, d, P. P. C C .. 817.531.3000 817.531.3000 1119 PENNSYLVANIA AVENUE, FORT WORTH, TX 76104 1119 PENNSYLVANIA AVENUE, FORT WORTH, TX 76104

www.texlawyers.com www.texlawyers.com


Members of the 2017-2018

100 Club

*List Reflected Below is as of March 22, 2018 Adams Lynch & Loftin, P.C. Albert Neely & Kuhlmann, LLP Allmand Law Firm, PLLC Anderson & Riddle, LLP Baker Monroe, PLLC Barlow Garsek & Simon, LLP Blaies & Hightower, LLP Bonds Ellis Eppich Schafer Jones, LLP Bourland, Wall & Wenzel, P.C. Brackett & Ellis, P.C. Broude, Smith, Jennings, McGlinchey & Fitzgerald, P.C. Brown, Dean, Proctor & Howell, LLP Bruner & Pappas, LLP Cantey Hanger, LLP City Attorney's Office - Fort Worth Cook Children's Health Care System Curnutt & Hafer, LLP Dawson Parrish, P.C. Decker Jones, P.C. Dowell Pham Harrison, LLP Forshey Prostok, LLP Friedman, Suder & Cooke, P.C. Gordon & Sykes, LLP Griffith, Jay & Michel, LLP Harris, Finley & Bogle, P.C. Harrison Steck, P.C. Haynes and Boone, LLP Holland, Johns & Penny, LLP Jackson Walker, LLP Jim Ross Law Group, P.C. Kelly Hart & Hallman LLP KoonsFuller, P.C. Lacy Malone & Steppick, PLLC Law, Snakard & Gambill, P.C.

Linebarger Goggan Blair & Sampson, LLP Lively and Associates, LLP Loe, Warren, Rosenfield, Kaitcer, Hibbs, Windsor, Lawrence & Wolffarth, P.C. Martinez Hsu, P.C. McDonald Sanders, P.C. Mellina & Larson, P.C. Moses, Palmer & Howell, LLP Murphy Mahon Keffler & Farrier, LLP Naman, Howell, Smith & Lee, PLLC Nelson Bumgardner, P.C. Noteboom Law Firm Padfield & Stout, LLP Parker Straus, LLP Phelps Dunbar, LLP PlainsCapital Bank Pope, Hardwicke, Christie, Schell, Kelly & Taplett, LLP Schneider Law Firm, P.C. Second Court of Appeals Sharen Wilson, CDA's Office Stephens, Anderson & Cummings, LLP Suzanne I. Calvert & Associates Taylor Olson Adkins Sralla & Elam, LLP The Berenson Firm The Blum Firm The Colaneri Firm, P.C. The Wolf Law Firm Thompson & Knight, LLP Underwood Law Firm, P.C. Varghese Summersett, PLLC Watson, Caraway, Midkiff & Luningham, LLP Whitaker Chalk Swindle & Schwartz, PLLC Wick Phillips Winstead, P.C.

To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more members and attains 100% TCBA membership compliance for the 2017-2018 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/organization 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 on July 1; if you have not paid your renewal invoice, contact our Membership Director Lauren McKnight at 817.338.4092 or email her at lauren@tarrantbar.org. g


Lawyers on the Move &

Welcome New Members of the TCBA: ATTORNEYS B. Kyle Briscoe Josh Fuller Amanda Hale Stacey Holtzman Jocelyn Irby Punam Kaji Kaitlyn Kerr Sarah Kimbrough Jasmine Aghili Krush Angelique McCall Joshua Michaels Diego Pena Tad Schmidt Kevin C. Smith Megan Zeller

STUDENTS Gabriella Garcia Jordyn Hendrix Daniel Weinstein

ASSOCIATES Robert Faulkner

The Hon. Jeffrey L. Cureton with the United States Judiciary has been elected to membership in the Fellows of the Texas Bar Foundation. Fellows of the Foundation are selected for their outstanding professional achievements and their demonstrated commitment to the improvement of the justice system throughout the state of Texas. Ryan Damiano has been promoted to director and made a shareholder after having been with McDonald Sanders as an associate since 2014. He graduated from Texas Tech University School of Law in 2009.

in the News

Keirsten B. Hamilton, Jason G. Breisch, Bryan J. May, and Jonathan W. Lehrmann are now attorneys with Harris, Finley & Bogle, 777 Main St., Ste. 1800, Fort Worth 76102. g If you are a TCBA member and would like to place an announcement in the Bar Bulletin, we would like to hear from you. Please submit information by email to Elizabeth at elizabeth@tarrantbar.org.

Membership Report

I

t’s hard to believe that we are starting the fourth month of 2018! We hope that you have taken the time to plug in at the bar this year. We hosted technology-focused events in January and celebrated our members in February. On March 22, we celebrated the Tarrant County Court Staff Members who help our legal community run efficiently at City Club! Our court staff members were able to receive continuing education hours during the seminar and were celebrated amongst their colleagues during the reception that evening. April is a very busy month for the bar! The People’s Law School Committee is hosting the 14th annual community service event on April 7th. This is an opportunity for community members to hear the basics of common legal issues. A special thank you to Karen Schroeder and the committee members for serving our Tarrant County Community. The Transition to Practice

Committee is holding their final CLE event in the “What Every Lawyer Should Know” series. This month, they will focus on personal decision-making, discovery and ADR/mediation. We hope to see you at this free CLE luncheon sponsored by Thomsen Reuters. Thank you to Scott Lindsey and the Transition to Practice committee for all of their hard work. The 25th anniversary of the Bench Bar Conference will be held in Horseshoe Bay. We have a full weekend of CLE and fun planned. Make sure that you submit your registration form in time and remember that spouses are invited this year! As always, thank you for your continued support of the Tarrant County Bar Association. We hope to see you at an event soon. g

Need CLE?

Last Tuesday CLE

April 24, 2018 | 1 - 4 PM | TCBA Office $80 for TCBA members $105 for non-members 12 www.tarrantbar.org

▪ APRIL 2018

Lauren McKnight Membership Director

3 Hours Ethics DVD To register, contact sherry@tarrantbar.org.


Tarrant County Volunteer Attorney Services TVAS Volunteers Needed Save the Date!

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VAS is partnering with Legal Aid of Northwest Texas to hold an Uncontested Divorce clinic on Tuesday, May 22 at the Tarrant County Bar. The clinic will start at 5pm. Each attorney is assigned an uncontested divorce and will meet with the client to review the case and file documents. TVAS will host at the clinic a social hour for all of our TVAS volunteers and mentors. In conjunction with the clinic, TVAS will offer a Family Law CLE on Thursday, May 3, from 3pm to 5pm, also at the Bar building. The CLE is not required to participate in the clinic and is open to all members of the Bar. It will provide first timers the instruction needed to handle an uncontested divorce. If you are interested in volunteering at the clinic, attending the CLE, or both please contact, Melissa Sircar at melissa@tarrantbar.org. g

LegalLine Thank You to these volunteers: Norma Bazán, Nick Bettinger, Ola Campbell, Tabitha Charles, Donald Kaczkowski, Bryce King , Lynn Rodriguez, and Griffin Schenumack

TVAS Clinic Sponsors Needed

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VAS is currently seeking sponsors for the following types of clinics: uncontested divorces (scheduled for May 22), and general advice clinics. TVAS needs sponsors for the uncontested divorce clinic in May and a similar clinic scheduled for the fall. General advice clinics or other topic specific clinics can be sponsored for TrueWorth Place (a new day shelter in Fort Worth), Union Gospel Mission, or Presbyterian Night Shelter. If you are interested in sponsoring a clinic please contact Melissa. Clinic sponsorships are typically $1000 and include recognition in the TCBA Bar Bulletin (in print and online), signage at the clinic, and recognition at pro bono events, including the Annual Pro Bono Awards Luncheon and the Tarrant County Bar Foundation’s Advocates for Justice Luncheon. g

The Transition to Practice Committee welcomes all TCBA members to attend: “What Every Lawyer Should Know: Ethical Decision-Making, Discovery a nd ADR Preparation” Dean Aric Short, Texas A&M School of Law Judge Mike Wallach, 348th District Court Kim Naylor, Naylor & Naylor, P.L.L.C. Dan Paret, Brown Pruitt Wambsganss Ferrill & Dean, P.C.

April 11, 2018 11:30 AM - 1 PM TCBA Office

Free 1.5 Hour CLE

Sponsored by

Lunch will be provided. APRIL 2018

▪ TCBA BULLETIN 13


JudicialProfile

by Perry Cockerell

Judge Judith Wells

J

udge Judith Wells is in her fifth term as presiding Judge of the 325th District Court in Tarrant County, Texas. For more than twentythre e ye ars , s h e has been an active leader instrumental in the development and transition of Tarrant County practitioners and clients to the new Family Court Center in Fort Worth. For her years of service, she has been awarded numerous distinguished honors. Judge Wells grew up in a family of two siblings in Maryland “between the three airports, Washington-Reagan National, Baltimore Washington International and Dulles Airport.” The description of her upbringing is fitting because her parents worked for Eastern Airlines, where they met as flight attendants. Her father later became a pilot with United Airlines. Her sister, who she grew up with, was Lorre Wells. She also has a half-sister, Carol Auffrey. She attended elementary school in Bowie, Maryland and graduated from Frederick High School, Frederick, Maryland in 1974. The profession of law has always interested her and she was selective in deciding where to continue her education after high school. She narrowed her search to three schools where she could combine her undergraduate work with law school. She chose Baylor University “because it was a college with the ‘three and three platform’ where you can do three years of undergraduate school and that counts as one year of law school.” “I loved law school. We had a good class and I bonded with friends. I am so grateful to my parents for my education. They gave me the best counsel to become a lawyer and a judge. I couldn’t do it without them.” In 1979 she graduated from Baylor Law School and left for Fort Worth where she interviewed with several law firms, the District Attorney’s office and the City of Fort Worth. She accepted a position with the City of Fort Worth as a Municipal Court prosecutor and handled traffic tickets, Class C Misdemeanors, and night court proceedings. “It was definitely unusual,” she said. After eighteen months with the City Attorney she joined with attorney Sarraine Krause to set up the law firm of Krause & Wells, the first female law firm in Tarrant County. The partnership lasted until 1987 when Krause became an Associate Judge in Tarrant County. Then the future judge worked for several other law firms before accepting the appointment of Associate Judge of the 325th District Court held by Judge Mary Sean O’Reilly. Outside of court Judge Wells successfully oversaw the

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planning and design of the Tarrant County Family Law Center that included many design concepts that she offered, such as numerous conference rooms for families to meet in comfort, privacy and protection. “I worked very hard on the development of the building and on the transition, putting in countless number of hours and time and research traveling around the country. I am so proud of how it turned out. I can’t believe the court has been here 10 years.” For her service in making the Family Law Center a nationally recognized courthouse in 2005, she was awarded the Eva Barnes Award by the Tarrant County Family Law Association in appreciation for her outstanding service, leadership and uncommon contributions to family law. In 2012 she was awarded the District Court of the Year Award by Dispute Resolution Services of North Texas. In 2016 she was awarded the Civil Gavel Award by the Tarrant County Bar Association in recognition of her outstanding judicial service. Judge Wells was active in the Eldon Mahon American Inns of Court, and is currently active in the Network for Enterprising Women, the Trauma Support Services of North Texas, and DFW Pug Rescue Club, Inc.

What is a typical week like?

The Judge starts the day with prove ups from 8:30 a.m. to 9:00 a.m. Then from 9:00 to 9:30 a.m. she handles motions. From 9:30 a.m. she conducts non-jury trials that may last between 1 to 5 days a week. On Fridays the court handles dismissal hearings, pre-trial hearings and additional motions. She tries an average of 3 to 4 jury trials a year. “It is like having company.” During jury trial week there are no prove ups or other hearings.

How does the Judge like her cases tried?

“I like it when everybody is well prepared.” She requests that attorneys deliver trial notebooks to the court to help understand the case. “I love trial notebooks because it keeps the exhibits together and it makes sure that the attorneys are prepared. I can’t say enough about trial notebooks.”

What is the future of family law?

“We will continue to see alternative dispute resolution and other ways to encourage ways to solve problems without the need for litigation.”

What has changed in the last thirty years?

“I think that the cases that are actually tried are more difficult. They are hotly disputed, very hard, and are the worst cases to try.” The Judge noted an increase in pro se cases. “This is a major change. Now I see cases where both sides are pro se. These cases take up a lot of time and expense because we have to tell them that they have to comply with the system. More and more litigants who lack of financial resources in our self-service society tend to do it themselves.” Judge Wells is married to Gary Edwards, whom she met at First United Methodist Church. She and her husband like to travel and garden organically. They are particularly devoted to their family of pug dogs too. g


. . . And now a Word From Our Sections The Appellate Section hosted a lunch for members of the 5th Circuit Court of Appeals on March 20. Chief Judge Carl Stewart, Judge Catharina Haynes, and Judge Don Willett attended. The 5th Circuit heard oral arguments at the Eldon B. Mahon Federal Court Building.

Thank you to Solo and Small Firm Chair Joseph Horn for his hard work in putting together the Wellness Retreat held on March 2. g

Sherry Jones Associate Executive Director

APRIL 2018

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Snippets

Civil and Criminal

Co-Editor Judge Carey Walker, County Criminal Court No. 2

by Judge Bob McCoy g County Criminal Court No. 3

GET TO KNOW THIS JUDGE

67th District Court Judge Don Cosby’s three favorite comedians: 1. Carol Burnett 2. Tim Conway 3. Rodney Dangerfield

ASK JUDGE BOB

Judge Bob, is “same-sex sexual discrimination actionable under Title VII”? Yes, but only if the plaintiff can “prove that the conduct at issue was not merely tinged with offensive sexual connotations” but actually exposed a member of one sex, but not the other sex, “to disadvantageous terms or conditions of employment.” Dept. of Family Services v. Whitman, 530 S.W.3d 703, 710 (Tex.App.—Eastland 2016).

MOSES’ AND RAMSES’ MONTHLY PARAPROSDAKIAN (a

figure of speech in which the latter part of a sentence or phrase is surprising or unexpected; frequently humorous)

Moses

Do not argue with an idiot. He will drag you down to his level and beat you with experience.

THE DANES’ QUOTE OF THE MONTH

Ramses —Robert Benchley

Dachshunds are ideal dogs for small children, and they are already stretched and pulled to such a length that the child cannot do much harm one way or the other.

CRIMINAL ITEMS OF INTEREST 1. Double Jeopardy

Because of the fundamental nature of double-jeopardy protections, a double-jeopardy claim may be raised for the first time on appeal if: (1) the undisputed facts show that the double-jeopardy violation is clearly apparent on the face of the record; and (2) enforcement of the usual rules of procedural

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default serves no legitimate state interest. Rogers v. State, 527 S.W.3d 329 (Tex. App.—Corpus Christi 2017).

2. Deadly Weapon

To determine whether a specifica object is a deadly weapon, a jury may consider “(1) the physical proximity between the alleged victim and the object, (2) any threats or words used by the accused, (3) the size and shape of the object, (4) the potential of the object to inflict death or serious injury, and (5) the manner in which the accused allegedly used the object.” Leal v. State, 527 S.W.3d 345 (Tex. App.—Corpus Christi 2017).

3. Miranda Warnings

Under Texas criminal law, a statement made by a defendant during a custodial interrogation is inadmissible unless two elements are satisfied. First, before beginning the interrogation, the police must give the defendant the proper Miranda warnings. Second, after receiving the warnings, the defendant must “knowingly, intelligently, and voluntarily” waive her rights. Howard v. State, 527 S.W.3d 348 (Tex. App.—Houston [1st Dist.] 2017).

4. Reliability of Expert Testimony

The Court of Criminal Appeals set forth the test for assessing the reliability of expert testimony concerning “hard sciences.” To be considered reliable under Kelly, evidence derived from a scientific theory must satisfy three criteria: (a) the underlying scientific theory must be valid; (b) the technique applying the theory must be valid; and (c) the technique must have been properly applied on the occasion in question. Ashby v. State, 527 S.W.3d 356 (Tex. App.—Houston [1st Dist.] 2017).

5. Search & Seizure

Both the United States and Texas Constitutions protect against unreasonable searches. Warrantless searches are presumed to be unreasonable unless they are subject to a recognized exception to the warrant requirement. Those recognized exceptions include (1) voluntary consent to search, (2) a search under exigent circumstances, (3) the automobile exception, and (4) a search incident to arrest. Meane v. State, 527 S.W.3d 557 (Tex. App.—Houston [1st Dist.] 2017).

6. Rule of Optional Completeness

Under the “rule of optional completeness,” a party may introduce otherwise inadmissible evidence needed to explain fully and fairly a matter the adverse party introduced. Hernandez v. State, 528 S.W.3d 229 (Tex. App.—Houston [14th Dist.] 2017).


7. Ineffective Assistance of Counsel

To prevail on an ineffective-assistance claim, a defendant must prove (1) counsel’s representation fell below the objective standard of reasonableness, and (2) there is a reasonable probability that but for counsel’s deficiency, the result of the proceeding would have been different. In considering an ineffective-assistance claim, courts indulge a strong presumption that counsel’s actions fell within the wide range of reasonable professional behavior and were motivated by sound trial strategy. To defeat this presumption, the record must demonstrate affirmatively the alleged ineffectiveness. Eugene v. State, 528 S.W.3d 245 (Tex. App.—Houston [14th Dist.] 2017).

CIVIL ITEMS OF INTEREST 1. Pleas to the jurisdiction

A plea to the jurisdiction is a dilatory plea, the purpose of which is to defeat a cause of action without regard to the merits of the claim. When a court analyzes a plea to the jurisdiction, the court must not weigh the merits of the claim but should consider only the plaintiff’s pleadings and the evidence pertinent to the jurisdictional inquiry. Dept. of Fam. Serv. v. Whitman, 530 S.W.3d 703, 708 (Tex. App.—Eastland 2016).

2. Quid pro quo harassment

A prima facie case of quid pro quo harassment requires a showing that (1) a supervisor (2) because of sex (3) subjects an employee to (4) unwelcome conduct that (5) affects a tangible aspect of the employment relationship. Consequently, a quid pro quo harassment suit may not be brought for an action committed by a coworker who has no supervisory authority over the plaintiff. Dept. of Fam. Serv. v. Whitman, 530 S.W.3d 703, 710 (Tex. App.—Eastland 2016).

3. Damages

Our courts hold that a jury has broad discretion to award damages within the range of evidence presented at trial. … “Evidence corresponding to the exact amount found by the trier of fact is not essential.” “But the verdict must fall within the range of the evidence presented and a jury may not ‘pull figures out of a hat’ in assessing damages.” 338 Indus., LLC v. Point Com, LLC, 530 S.W.3d 729, 734 (Tex. App.—Amarillo 2017).

4. Directed verdict

A directed verdict does not violate the right to a trial by jury because it is a procedure that depends on a trial court’s conclusion that there are no issues of fact to be determined. In Re Commitment of Perdue, 530 S.W.3d 750, 753 (Tex. App.—Fort Worth 2017).

5. Standing

Standing is a question of law for the court to determine, although facts necessary to the determination may need to be determined by the factfinder. Standing is a matter that concerns the jurisdiction of a court to afford the relief requested, rather than the right of a plaintiff to maintain a suit for the

relief requested. Landmark Am. v. Eagle Supply, 530 S.W.3d 761, 766 (Tex. App.—Eastland 2017).

6. Right to keep arms

The United States Supreme Court has outlined that “[t]he right to keep arms involves, necessarily, the right to use such arms for all the ordinary purposes, and in all the ordinary modes usual in the country, and to which arms are adapted, limited by the duties of a good citizen in times of peace.” … A severe burden on the Second Amendment right of armed self-defense should require strong justification. Webb v. Schlagal, 530 S.W.3d 793, 808 (Tex. App.—Eastland 2017).

7. Promissory-estoppel

A successful promissory-estoppel claimant’s recovery is limited to reliance damages, that is, the party may recover only the amount necessary to restore it to the position it would have occupied if it had not relied on the adverse party’s promise. Range v. Calvary Christian Fellowship, 530 S.W.3d 818, 831 (Tex. App.—Houston [14th Dist.] 2017).

8. Prevailing Party

The “contractual provision entitling a ‘prevailing party’ to recover attorneys’ fees does not distinguish between successful prosecution and successful defense of a claim.”. Range v. Calvary Christian Fellowship, 530 S.W.3d 818, 838 (Tex. App.—Houston [14th Dist.] 2017).

QUOTE OF THE MONTH

We have staked the whole of all our political institutions upon the capacity of mankind for self-government, upon the capacity of each and all of us to govern ourselves, to control ourselves, to sustain ourselves according to The Ten Commandments of God. —James Madison

OLD NEWS

When Lake Worth froze over: January 1930 brings a spell of subzero temperatures to North Texas. It is so cold, in fact that Lake Worth freezes over on the night of January 21, allowing dozens of daredevil drivers to take their cars onto the ice January 22-24. Hundreds of skaters also take to the ice, illuminated at night by huge lights rented by proprietors of the Casino Beach amusement park. Only one car reportedly breaks through the ice, but the vehicle and driver are pulled out safely. Fort Worth police put a stop to cars venturing onto the ice and halt plans for an auto race. A warming trend sets in January 24 and large, jagged cracks begin to appear. g

APRIL 2018

▪ TCBA BULLETIN 17


We add value to your We add value to your client relationships! client relationships! expert and highly respected attorney in field your field AsAs anan expert and highly respected attorney in your of law, clients look to you for the best counsel possible of law, clients look to you for the best counsel possible about their specific legal needs. So for those important about their specific legal needs. So for those important personal injury issues lie outside of your experpersonal injury issues thatthat maymay lie outside of your expertise, place your valued clients incapable my capable hands. tise, place your valued clients in my hands. My My firm give them personal attention deserve firm willwill give them thethe personal attention they they deserve and keep youyou fullyfully informed as the progresses. We We and keep informed as case the case progresses. honor all all referral agreements. honor referral agreements.

Trust us us to to treat your personal injury referral with with Trust treat your personal injury referral the same care and tenacity as you would. the same care and tenacity as you would. amboard board certified certified in I Iam in Personal PersonalInjury InjuryTrial TrialLaw Law with the Texas Board of Legal Specialization. with the Texas Board of Legal Specialization.

Contact Me

Contact

817.438.2600, office 817.438.2600, office 817.925.2272, cell 817.925.2272, cell Brad@parkerlawfirm.com Me Brad@parkerlawfirm.com 2317 Plaza Parkway, Ste. 100 2317 Plaza Parkway, Ste. 100 Bedford, Texas 76021

Bedford, Texas 76021


Lawyer Referral & Information Service

T

News

he Lawyer Referral & Information Service would like to thank our LRIS attorneys who make it all possible with their referral fees:

John Barber Courtney Burns Christian Jenkins Michael Martinez

For the month of February, LRIS has received $2,164.51 in referral fees.

If you have not yet joined our Referral Service and would like to, please send an email to carolina@tarrantbar.org or call 817.338.4092. g

APRIL 2018

â–Ş TCBA BULLETIN 19


Member Benefits Vendor List

CLE

TCBA members may take advantage of discounts provided by the following vendors:

Corner

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 material - business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817.577.0572. Fort Worth Zoo discount tickets - $11.00 adult, $8 for child or senior. For tickets, contact anne@tarrantbar.org or 817.338.4092. If mailing or charging tickets, add 50 cents. Texas Rangers Baseball discount tickets are available by going to www.texasrangers.com/tickets, selecting a game and entering the coupon code. Contact Sherry Jones for the coupon code by email at sherry@tarrantbar.org. 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, so check out UPS for your needs at 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. Call the TCBA office for details. Expanco is N.A.I.D. AAA-Certified documentdestruction service offering 40% off to TCBA members. Mention your TCBA membership when scheduling an appointment to receive this discount on your invoice. Thomson Reuters Exclusive TCBA offer of 10% off Firm Central subscriptions to Bar members* Please contact Amanda Olson, your local Account Executive, for more information at: Amanda.Olson@tr.com. g

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Sherry Jones Associate Executive Director

T

he 25th Anniversary Bench Bar is right around the corner. If you haven’t registered yet, just know you will be missing out on a great weekend of fun, CLE, networking, and much more. We will be at Horseshoe Bay in the Hill Country – a great location with 7,000 acres of wonderfulness. Some of the CLE topics are about the new tax changes, workplace safety, firearms compliance, legal ethics and more. There will be golf on Friday and Saturday. Also on Saturday, some will attend a wine tasting at Flat Creek Estate. For the first time ever, non-attorney spouses are invited to attend. So mark your calendars, register and pack your bags. It’s time for a road trip. g


Texas Lawyers for Texas Veterans

Law Offices of Jason Smith

Tarrant County Chapter

A TLTV Success Story Asking a lawyer a question is a privilege many people, including veterans don’t have. The expense of hiring legal counsel is beyond the reach of many. Texas Lawyers for Texas Veterans (TLTV) was established to “provide pro bono civil legal assistance to brave veterans and their families who otherwise cannot afford legal services.” The Tarrant County Chapter of TLTV is a collaborative effort that works with Legal Aid of Northwest Texas and Texas A&M Law School Veterans Clinic to provide monthly legal clinics for veterans and is supported by a grant from the Texas Access to Justice Foundation. Through the program, pro bono attorneys offer advice and provide representation to veterans. These efforts can have a major impact on the lives of our clients.

D

avid* is a disabled vet. He served in the Navy as a yeoman from 1982-84 in the Philippines until his medivac to Pearl Harbor. This July he attended the TLTV Legal Clinic held at the Tarrant County Bar Association seeking assistance with a divorce. After a 4 year marriage and a 1 year separation, he knew the marriage could not be salvaged. He could not afford an attorney and did not feel he could navigate the system alone. After verification that David met the financial guidelines and a consultation with a pro bono attorney at the clinic, his case was recommended for placement. Pro bono attorney, Ola Campbell, accepted David’s case and began the divorce process. A few short months later the divorce was final and David was able to move forward. A true success story – a smooth, uncontested, easily finalized divorce. g

Trials and Appeals Employment, Personal Injury, Insurance Board Certified Civil Appellate Law

Jason Smith 817.334.0880 600 8th Aveue Fort Worth, TX 76104

letsgotocourt.com

Amerian Board of Trial Advocates

Melissa Sircar Pro Bono Programs Director

Upcoming TLTV 2018 Clinic 2 PM - 5 PM Friday, April 20, 2018

First Baptist Church of Arlington, Wade Building 301 S. Center St., Arlington, TX 76010 APRIL 2018

▪ TCBA BULLETIN 21


Other Associations’ News & Information

Arlington Bar Association Meets on the 3rd Wednesday of each month. President, Ruth Lane. For location & information, email arlingtonbarassociation@yahoo. com or call 214.651.5622. Black Women Lawyers Association For meetings and information, contact Judge Maryellen Hicks, President, at 817.451.7100 or hicks8776@sbcglobal.net. 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 at 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 meetings on the 3rd Tuesday of each month at 6:00pm. For more information, contact President Zachary Ferguson by email at zfergusonlaw@ gmail.com. MABA (Mexican American Bar Association) Meets on the last Thursday of each month with location to be announced. 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 Traci Hutton at 817.442.9352 or traci@tracihutton.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 Dewayne Huston at 817.924.2222 or dewayne@thehustonfirm.com. Tarrant County Family Law Bar Association Meets at noon on the 4th Tuesday of each month, with location to be announced. For more information, contact president Norma Bazán, 817.735.4000 or nbazan@nickfamilylaw.com.

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Tarrant County Probate Bar Association Meets on the 1st Thursday of each month at the Petroleum Clubmembers free, guests $30. For more information, contact Tena Fox at 817.280.0811 or tfox@leachfoxlaw.com. Tarrant County Trial Lawyers Association Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact Mark Anderson at 817.294.1900. Tarrant County Young Lawyers Association The 2017-2018 new TCYLA Year began September 1, 2017. If you need an application or meeting information, call 817.338.4092, email lauren@tarrantbar.org, or go to the website at tcyla.org. Texas Association of Defense Council Meets for lunch every 4th Wednesday at Angelo’s. Contact George Haratsis, McDonald Sanders at 817.336.8651 for more information.

22 www.tarrantbar.org

▪ APRIL 2018

GRIFFIN W. COLLIE 2514 BOLL STREET DALLAS, TEXAS 75204 214.484.4323 PHONE www.grievancedefensefortworth.com


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Saturday, April 7, 2018 12:30pm - 4:00pm Texas A&M School of Law 1515 Commerce Street Downtown Fort Worth (across from the Water Gardens)

Check-in 12-12:30pm

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The Following Sessions Will Be Offered:

Wills & Estates • What to Expect in the Jussce Court • Basics of Family Law • Adult Guardianship & Alternaaves • Landlord & Tenant • Grandparents’ Rights • Probate & Alternaaves • Buying & Selling Your Home • Immigraaon APRIL 2018

▪ TCBA BULLETIN 23


WOMEN in the LAW LUNCHEON February 27, 2018

24 www.tarrantbar.org

â–ª APRIL 2018


Knowing that you’re still not BLOODLESS... Wednesday, May 16, 2018 8 AM - 4 PM | Tom Vandergriff Civil Courts Building

O

n May 16, 2018, the Tarrant County Bar Association, Tarrant County Bar Foundation and the Tarrant County Family Law Bar Association will be hosting their annual Blood Drive. This year’s event will be held again in the Jury Assembly Room of the Tom Vandergriff Civil Courts Building located at 100 N. Calhoun Street from 8 a.m. to 4 p.m. The annual Blood Drive benefits our locally operated Carter Blood Center. Thanks to so many of you, last year’s Blood Drive was a great success! We had over 100 people participate. The Blood Drive Committee has been working diligently to make our 2018 Blood Drive even more successful, and participants have several incentives to look forward to: (1) Free Ethics CLE, (2) Prizes, (3) Awards, and (4) Free Food!

Free CLE

This year, the Committee has added free CLE! At 10 AM, Justice Lee Ann Dauphinot will present “You Aren’t Limited to the Old Play Book.” At 2 PM, Jett Hanna from Texas Lawyers’ Insurance Exchange will present "Avoiding Legal Malpractice Claims." Sessions will take place in the Charles J. Murry Courtroom on the second floor of the Tom Vandergriff Civil Courts Building. (Note: .5 hours of ethics CLE has been requested for each presentation.)

Prizes

The Committee has already secured some great prizes to be given to selected participants, including: • A Sundance Square date night for 2 including dinner at Waters Restaurant, movie tickets & dessert compliments of Kelly Hart & Hallman LLP • 2 wine baskets compliments of Lori A. Spearman and Antonio Allen • 2 sets of Texas Rangers tickets & parking passes compliments of Lacy Malone Steppick Ryder & Meneffe, PLLC and David Garza • TCU baseball game tickets compliments of Jennifer Sweeny • Gift card compliments of Dowell, Pham & Harrison, LLP

• 1 hour massage from Massage Envy donated by Judge Don Cosby • Starbucks gift card compliments of Judge Don Cosby • AMC gift card compliments of Jessica Sangsvang • Dinner for 4 at Prince Lebanese Grill compliments of Dauphinot Law Firm • N2 Vino wine basket compliments of N2 Vino And the list is still growing!!!!

Awards

In 2016, the Committee initiated the recognition and awarding of its “travelling trophies” presented to law firms and organizations that have the most individuals donating blood. The categories for awards include: small firms (1-10 people); medium firms (11-40), large firms (41+), organizations/associations (up to 99) and large organizations/associations (100+). Everyone (attorney, staff, friend, etc) who participates can associate with any entity in hopes of winning one of these beautiful travelling trophies. Last year’s trophy winners were the Tarrant County Domestic Relations Office, the Second Court of Appeals, the Kelly Hart & Hallman LLP and Dowell, Pham & Harrison, LLP law firms, and the Tarrant County Family Law Bar Association. Will they maintain their trophy in 2018?

Free Food

Come early to enjoy a coffee social and light breakfast, or visit at lunchtime for delicious pizza from our annual sponsor, Uno Pizzeria & Grill. Carter Blood has assured us that there will be plenty of stations for timely donations. Appointments/sign-ups can NOW be made at https://ww2. greatpartners.org/donor/schedules/ drive_schedule/93590. The Blood Drive Committee is excited and sincerely hopes that each of you can participate this year. Mark your calendars now (May 16th) for this fun event and for an opportunity to provide blood for those who are in need of this invaluable lifeline. g

APRIL 2018

▪ TCBA BULLETIN 25


Thank You to Our Sponsors Kelly Hart & Hallman LLP Whitaker Chalk Swindle & Schwartz, PLLC Law Offices of Steven C. Laird, P.C. The Medlin Law Firm, PLLC Schneider Law Firm, P.C. McDonald Sanders, P.C. Haynes and Boone, L.L.P. KoonsFuller Family Law Cantey Hanger, LLP Brackett & Ellis, P.C.

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26 www.tarrantbar.org

â–ª APRIL 2018


WWW.TEXASATJ.ORG HTTPS://DONATE.TEXASATJ.ORG

Finding family for those who lost it How far would you go to save someone else's daughter? It's not your problem, but you love your little 8-year-old niece, and her mother just sold her own daughter to a couple in Florida. Yes, you read that right. It's an awful, true story that should repulse any moral person. But disgust alone isn't going to keep that little girl with the family members who still care about her.

Saving her requires action. That's why we created the Justice for All Campaign, to fund the legal aid organizations dedicated to serving Texas' children and the millions of families who can't afford a lawyer, yet desperately need one.

As attorneys, we know better than most how thorny and complicated child custody can be, even when the “right” outcome seems obvious. So when Monique came to legal aid and told them the story of her endangered niece, the lawyers didn't just listen — they leapt to action. They arranged a child custody hearing. When the girl's mother refused to answer any questions about selling her daughter for money, the judge granted a temporary custody order. Since then, the mother has disappeared. The girl's father is still in jail. But Monique and her husband are fighting for full custody: a girl abandoned by her family found a new mother to love her. And legal aid will be there to make sure it happens. Because that's the thing, isn't it? We're all in this together. We are all sons and daughters of Texas. Please, donate today.

Texas Lawyers for Texas Veterans Tarrant County Chapter Thank you to Sheats & Muckleroy LLP for sponsoring April's Free Legal Advice Clinic For Veterans.

APRIL 2018

▪ TCBA BULLETIN 27


Why be a member of the Tarrant County Bar Association? Besides wonderful networking opportunities and camaraderie in the legal community, membership has other benefits such as:

1

BENEFITS OF MEMBERSHIP

The TCBA has eighteen Substantive Law Sections offering CLE and networking with members interested in the same areas of law.

The 2017-2018 TCBA Bar year has begun!

Reduced rates on CLE (Brown Bags, Luncheons, Section Meetings, Last Tuesday CLE).

3

Community Service Opportunities through the Foundation: LegalLine, Texas Lawyers for Texas Veterans-Tarrant County Chapter, Tarrant County Volunteer Attorney Services, and through community service committees: People’s Law School, Annual Food Drive, Blood Drive, Elder Law Committee, and others.

4

Monthly Bar Bulletin (by email or mail) and updates on upcoming events by e-mail.

5

Free CLE and professional seminars.

6

Mentoring or being mentored through the Transition to Practice program.

7

Reduced rates on room rental at the TCBA Bar Center.

8

Reduced rates on office supplies, UPS, shredding documents, the Fort Worth Zoo, and more.

9

The professional networking opportunities.

2

So the next time someone asks you why join the TCBA, please let them know. We thank you for your continued membership. This Bar Association is great because of its members like YOU! If you have any questions regarding your membership, please contact Lauren at the bar office at 817.338.4092 or by email at lauren@tarrantbar.org.



PRESORTED Bar Bulletin â–ª April 2018 STANDARD Tarrant County Bar Association U. S. POSTAGE PAID 1315 Calhoun Street FORT WORTH, TX Fort Worth, TX 76102-6504 ADDRESS SERVICE REQUESTED PERMIT 1807

If any of your contact information is incorrect, please submit the corrected information to the TCBA office at 817.338.4092, fax to 817.335.9238 or email to lauren@tarrantbar.org.

CONNECTED

Tarrant County Bar Association - Fort Worth Tarrant County Volunteer Attorney Services Texas Lawyers for Texas Veterans - Tarrant County Chapter

@TarrantBar

@TLTVinTarrant

@TVASFW

Classified Advertising NOTICE

Classified Ads no longer appear in the Bulletin. They can be found on our website at www.tarrantbar.org.


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