Bulletin December 2017
"Griswold" Holiday Party Thursday, December 7, 2017 5pm - 7pm, TCBA Bar Center
President’s Page
H
‘Tis the Season
ere we go. The five week sprint from Black Friday to New Year’s Day. Food, family, shopping, decorating, gathering, giving, sharing, reminiscing, worshipping and celebrating. Alexa, schedule some down time on my calendar. In my family, we love the movies, and holiday cinema is the by Nick Bettinger finest. Over the years, I’ve believed in Frosty, persevered with Rudolph, and wondered with Charlie Brown about the meaning of Christmas. I’ve laughed out loud with Chevy Chase, Eddie Murphy, Tim Allen and Macaulay Culkin. But the greatest holiday film, and one I watch at least twice every year, is Miracle on 34th Street. This year is the 70th anniversary of its debut. Such outstanding fiction for a young transactional attorney (Fred Gailey) to prevail in his first effort at being a litigator. Oh, and the rest of the movie is entertaining as well. Speaking of entertaining, the TCBA holiday party is Thursday, December 7th from 5:00pm-7:00pm at the Bar office. This year we’re going with a “Griswold” theme, so dress up like Clark, Ellen, or Cousin Eddie, hop in the family truckster, and come join your friends and colleagues for a little vacation from the office. I always enjoy this event, as I get to catch up with colleagues I don’t see regularly throughout the year. Thanks to Dana Manry and her committee for their efforts in planning this year’s event. Special thanks also go out to Abbey Kirby and her National Adoption Day committee for helping to place over 50 kids with adoptive parents this year. I have always maintained that adoption is one of the few areas of law where all parties walk away with a smile on their face, and this year did not disappoint. I enjoyed seeing the courthouse filled with superheroes, stuffed animals, balloons and happy families. Thank you to our member attorneys and judges who donated their time to make this event successful. Thanks also to Clark Rucker and the Tarrant County Young Lawyers Association for hosting our annual golf tournament. The event raised money for the scholarship efforts of the Tarrant County Bar Foundation. We also collected dozens of stuffed animals for National Adoption Day. The State Bar’s Legal Access Division recently launched TexasLegalAnswers.org, an online avenue to legal advice provided by volunteer attorneys. Think of
it as Tarrant County LegalLine with a high tech flair. Surf by and register to provide some pro bono advice while standing in front of your computer. In this season of giving, consider donating 15 minutes of your time to help fellow Texans in need. Tech time. In the spirit of giving, I am going to share with you my favorite free and, in my opinion, indispensible computer apps. • LastPass – Are you still using the same password for all of your web accounts? As the name suggests, LastPass lets you create the last password you will ever need. That one password protects the dozens of other passwords you use for your various web accounts. It will auto generate strong (and different) passwords for those sites, fill in web forms, and securely store your credit card information. LastPass uses SSL and AES-256 bit encryption to provide peace of mind that your passwords and information won’t be hacked or stolen. • Malwarebytes – Did you accidentally open a suspicious e-mail attachment or click on a fake internet link? Maybe your computer just seems to be acting strange. Download Malwarebytes and let it scan your computer for hidden viruses or malware. • VLC – Do you ever receive an audio or video file that just simply won’t play on your computer? The VLC media player supports just about every video and audio format out there. Upcoming TCBA events Other than the Holiday Party and end-of-year section meetings, the TCBA calendar is expectedly light during December. Keep an eye out for our weekly e-mails in the new year, however. We’ll kick off the year with a Tech Fair on January 11th at the Bar Center. At the end of the Fair, we’ll roll right into our monthly Docket Call. From all of us at TCBA, we wish you a happy and safe holiday season, and we’ll see you in the new year. Balloon of the Month Nick and Nick.
Have a great month. g
Nick
DECEMBER 2017
▪ TCBA BULLETIN 1
Contents Features 12 21
16
2018-2019 Director Candidate Request
Advertiser's Index Dispute Resolution Services.................................21 Juris Fabrilis.......................................................20 KoonsFuller.................................Inside Front Cover Law Offices of Jason Smith..................................12 Law Offices of Steven C. Laird, P.C.......................10 LawPay...............................................................14 Stephens Anderson & Cummings...........Back Cover Texas Lawyers' Insurance Exchange...................14 Tindall Square Office Complex..............................6 The Colaneri Firm, P.C........................................14 The Collie Firm...................................................20
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▪ DECEMBER 2017
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
Pro Bono Awards Luncheon
Departments 1 President's Page 3 100 Club 4 YLA Snapshot 5 Calendar of Events 6 A Word From Our Sections 6 Vendor List 7 Judicial Profile - Judge George Gallagher 8 Snippets 11 Lawyer Referral & Information Service News 12 Other Associations' News & Information 13 Lawyers on the Move & in the News 15 Tarrant County Volunteer Attorney Services 15 Texas Lawyers for Texas Veterans 18 It's All Happening Around the Bar 20 LegalLine 21 CLE Corner
Tarrant County Bar Association
Directors Term Ends 2019
Director..............................Susan Hutchison Director............................Jason C. N. Smith Director............................Tennessee Walker
Term Ends 2018
19
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 Fall 2017 President.............Christopher Gee Spring 2018 President.....Katherine Hopkins
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 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.
Members of the 2017-2018
100 Club
*List Reflected Below is as of November 15, 2017 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. Joshua Graham & Associates, PLLC 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 Stephens, Anderson & Cummings, LLP Suzanne I. Calvert & Associates Tarrant County CDA's Office 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 PC
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
YLA Snapshot Christopher Gee, President TCYLA
A
to Texas A&M Law Students that serve as interns for the Tarrant County Bar Association over the next year. These interns provide invaluable support to the pro bono programs by working with low income veterans and indigent indi-
Fall Fete, and the annual Charity Golf Tournament were all a big success in both attendance and funds raised. The golf tournament raised $6,300 for the Tarrant County Bar Foundation, and those funds will be used to provide a stipend
viduals at legal clinics, and the fellowship provides the law students a chance to work with volunteer attorneys of the Tarrant County Bar Association. We also had a fun family tailgate at a TCU baseball game last spring. Don’t miss our final social event of 2017, which will be a Christmas Party at the Lazy Moose on December 6 at 5:30! In the area of community service, TCYLA took on several new initiatives that we’re really proud of. We collected items such as toiletries, small food items, and gift cards for a necessity bag initiative that resulted in over $1,000 worth of bags being donated to Union Gospel Mission to distribute to those in need. We collected gently used professional clothing from local attorneys and restocked closets at the criminal and family courthouses with clothes for indigent defendants. We also donated backpacks filled with supplies to elementary students in need at a FWISD elementary school. In addition, we volunteered and donated resources to the Tarrant Area Food Bank, the Ronald McDonald House, and Habitat for Humanity’s Cowtown Brush Up. On top of all that, the TCYLA Board of Directors is currently undertaking a much needed organziational review to assess issues related to our leadership structure, communication methods, and membership engagement to ensure we continue to be a high performing organization that is serving the Tarrant County legal community well. Working groups have been formed for specific topics, and the Board is already working to implement several recommendations. We will look forward to sharing more of our progress on that with you in the new year! Happy holidays from TCYLA! g
s we gear up for the holidays and reflect on 2017, the Tarrant County Young Lawyers Association (TCYLA) has every reason to believe that Santa will be good to us this year! While continuing to focus on our primary objectives of professional development, social networking, and community service, we have improved upon some events and initiatives that have always served us well and also branched out to try some new things. In the area of professional development, we held two half-day Bridging the GAP CLE events where panels of young attorneys gave tips and insights on starting out as a young lawyer. We have hosted 11 monthly CLE luncheons at Reata with interesting speakers in the areas of labor and employment law, jury selection, expungements, and even reality TV! In addition, we have continued partnering with the Texas A&M School of Law on their professionalism curriculum and have recruited TCYLA members to help facilitate group discussions on various professional identity topics. We recently hosted over 100 first-year law students at the Tarrant County Bar Office for a very successful “speed networking” evening event where students rotated through eight different tables in a 45 minute period and learned tips from young lawyers on various topics related to being successful in law school (e.g. time management, preparing for finals, and networking while in law school). In the area of social networking, we continue to host monthly happy hours at fun venues such as Top Golf and Barcadia that give members a chance to meet and get further connected with the local legal community. Spring Fiesta,
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▪ DECEMBER 2017
Calendar of Events
December 2017
1 Free Friday - "Wellness: What Does It Look Like For You?" 12 pm, TCBA Office
January 2018
5 Solo & Small Firms Section Wellness Retreat Time & Location TBA 9 Tech Tips with Juris Fabrilis 12 pm, TCBA Office
5 Tax & Estate Planning Section Luncheon 11:30 am, Petroleum Club "Trying Too Hard to Do Too Much: Ethics Traps for the Good Samaritan"
10 Tarrant County Bar Foundation's Annual Meeting 5:30 pm, TCBA Office
7 TCBA Annual Holiday Party 5:00 pm - 7:00 pm, TCBA Office
11 Tech Fair/Docket Call Social 4 pm, TCBA Office
8 Women Attorneys Section Annual Holiday Shopping and Luncheon Event 11:30 am, City Club
11 LegalLine 6:00 pm - 8:00 pm, TCBA Office
11 Bankruptcy Law Section Luncheon 12 pm, Fort Worth Club 12 Last Tuesday CLE 1:00 pm - 4:00 pm, TCBA Office 3 hours CLE in Ethics 14 Energy Law Section Luncheon 12 pm, Fort Worth Club 14 Construction Law Section Holiday Party 5 pm, Location TBD 20 Labor & Employment Law Section Luncheon 12 pm, City Club 25 Christmas Holidays Office Closed 26 Christmas Holidays Office Closed
15 MLK Holiday Office Closed 16 Business Litigation Section Luncheon 12 pm, City Club 16 Real Estate Law Section Luncheon 12 pm, City Club 18 Construction Law Section Luncheon 12 pm, TCBA Office 24 Pro Bono Awards Luncheon 12 pm, TBD 25 Fort Worth Business & Estate Section Luncheon 11:30 am, City Club 25 Women Attorneys Section Wine Tasting 5:30 pm, Central Market 25 LegalLine 6:00 pm - 8:00 pm, TCBA Office 26 Brown Bag Seminar - Firearms and Weapons 12:30 pm - 3:45 pm, TCBA Office 30 Last Tuesday CLE 1:00 pm - 4:00 pm, TCBA Office 3 hours CLE in Ethics
Happy Holidays from the TCBA Staff!
. . . And now a Word From Our Sections
T
he Solo & Small Firms Section will meet on December 5 at 5 pm at the bar office to continue working on setting up small groups. The first meeting was very well-received. If you would like to join a group, please feel free to attend this meeting and help get things rolling. The Bankruptcy Law, Construction Law and Women Attorneys Sections will be having some fun holiday parties. A few other sections will be having their regular meetings – Tax & Estate Planning, Energy Law and Labor & Employment Law. Be sure to read through the Section News emails to see what’s going on with your section. g
Sherry Jones Associate Executive Director
Space For Lease in the historic
Tindall Square Office Complex in Downtown Fort Worth
■ ■ ■ ■ ■ ■
Parking available Up to 10,000 square feet of office space available with rates starting at $19.50 psf. Current office tenant base includes attorneys, private investment firms and accountants. Executive suites for attorneys available, call for details. Secure record storage facility conveniently located on site with rates as low as $120/month Within walking distance to local restaurants and Sundance Square Office Space and Record Storage Space Available Immediately
Contact Debara Herring ■ 682.316.2072 dherring@rochester-group.com 500 East 4th Street, Suite 175 ■ Fort Worth, Texas 76102
6 www.tarrantbar.org
▪ DECEMBER 2017
Member Benefits Vendor List 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 material - 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 sherry@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. Call the TCBA office for details. 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
JudicialProfile
by Perry Cockerell
Judge George Gallagher
I
n 1999, when the Texas Legislature established the 396th District Court, Judge George Gallagher said he was not a political person, but his friendly, mild-mannered and appreciative nature attracted many friends and colleagues, which paved great political roads for him during his judicial career. Now in his eighteenth year as judge of the 396th District Court, Tarrant County, Texas, he plans to run again for his bench in 2021 when his current term ends. Judge Gallagher was born in Carlsbad, New Mexico, where his father, Jim Gallagher, worked as a miner for Potash Company of America. At age six, his family moved to Fort Worth when his father was transferred to the sales force for the Potash Company. His mother, Betty, took a position as a school secretary at Our Mother of Mercy Catholic School in Fort Worth. Gallagher attended St. Andrews Catholic School and graduated from Southwest High School in Fort Worth in 1975. He received his Bachelor of Science degree in 1979 from Texas A&M, majoring in political science. Following his Catholic roots, he applied and was accepted to St. Mary’s Law School and graduated in 1982. Law school was a life changer for him. “I learned how to study in law school. And, I went to law school thinking I would be rich while all of my friends at Texas A&M became petroleum engineers. I’m still working and they are all retired.” A few months after graduation from St. Mary’s Law School, Tarrant County District Attorney Tim Curry appointed him as Assistant District Attorney. He handled misdemeanor cases and worked his way into the felony district courts handling felony cases, including death penalty cases. One of his interesting cases was when he was assigned as a special prosecutor in Parker County to try a bribery case by a defendant who attempted to bribe the district attorney in Parker County. The defendant did not realize his attempts were being documented and reported to authorities by the district attorney in Wise County, who was the brother of the district attorney in Parker County. The jury wasted no time convicting the defendant. In May 1986, after four years with the Tarrant County District Attorney’s office, Gallagher moved into the private practice of law and joined the firm of Zachry, Kearney, Hill,
Beatty & Butcher, where he balanced a career between criminal and civil law by handling criminal defense and family law. In 1987, he became board certified in Criminal Law and in 1993 served as President of the Tarrant County Defense Lawyers Association. “Back in those days, people wondered about a criminal and family law practice and how those two areas of practice were similar. But after the O.J. [Simpson] trial everything changed. Now you have family law violence that can be handled as a criminal case and can affect a family law case.” After the 396th District Court was created, many people approached Gallagher to apply for the position. The judge thought to himself, “I’m not a political person.” But after his friends told him that he would make a good judge, he filled out the paperwork and applied with the governor’s office. Then the political process began, but was he uncomfortable about being involved in it because he was an unknown person in the Tarrant County Republican Party. Dorene Goodson, who worked for then Family District Judge William Brigham, decided to take him to a women’s Republican meeting in southwest Fort Worth. He was reluctant to go because “I’m not going to know anyone.” He went to the meeting and sat down in the back row. A lady turned around and asked him out loud during the meeting: “What are you doing here?” It was his Den Mother from Cub Scouts that he had not seen in years. Then another lady attending the event who was the mother of Bill Owens, the Governor of Colorado, remarked, “I will have Bill call George [W. Bush].” Both of these women knew Gallagher’s mother. After the meeting Goodson told him, “See, you knew more people than I did.” Sometime later, Governor Bush’s appointments office called to schedule a meeting in Austin. He told his secretary about his meeting in Austin. His secretary asked him who he would meet in Austin, and he said, “The appointments secretary.” She replied, “I know his mother.” She made a call to the appointments secretary’s mother to confirm that he was going to meet with her son. That was in June, 1999. In September 1999, a few months after the interview, he received another call from the appointments secretary. The governor had decided to appoint him to the bench and was prepared to make the announcement. He could tell no one of his appointment until after it was announced. Gallagher responded, “You know I don’t want that. Give it to the runner up.” There was a moment of silence. “I’m just CONTINUED ON PAGE 11
DECEMBER 2017
▪ TCBA BULLETIN 7
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
Hon. George Gallagher is the judge of the 396th District Court. His three favorite John Wayne movies: 1. Big Jake 2. McClintock 3. Hellfighters
ASK JUDGE BOB
Judge Bob, what is an “appraisal clause”? An appraisal clause estops a party from contesting the issue of damages in a lawsuit based on an insurance contract, leaving only the question of liability for the court. If a party seeks to avoid an appraisal award, the burden of proof is theirs to raise an issue of material fact as to why the resolution they contractually agreed to should be set aside. Nat. Sec. Fire & Cas. Co. v. Hurst, 523 S.W.3d 840, 844 (Tex. App.—Houston [14th Dist.] 2017).
MOSES’ AND RAMSES’ MONTHLY PARAPROSDAKIAN (a Moses
Ramses
figure of speech in which the latter part of a sentence or phrase is surprising or unexpected; frequently humorous) Dolphins are so smart that within a few weeks of captivity, they can train people to stand on the very edge of the pool and throw them fish.
2. Newly Discovered Evidence
To obtain a new trial based on newly discovered evidence, the defendant must satisfy the following four-prong test: (1) the newly discovered evidence was unknown or unavailable to the defendant at the time of trial; (2) the defendant’s failure to discover or obtain the new evidence was not due to the defendant’s lack of due diligence; (3) the new evidence is admissible and not merely cumulative, corroborative, collateral, or impeaching; and (4) the new evidence is probably true and will probably bring about a different result in a new trial. State v. Arizmendi, 519 S.W.3d 143 (Tex. Crim. App. 2017).
3. Ineffective Assistance of Counsel
To prevail on a claim of ineffective assistance of counsel, the defendant must prove that: (1) trial counsel made errors so serious that he was not functioning as counsel under the Constitution and (2) a reasonable probability exists that, but for trial counsel’s deficient performance, the result of the proceeding would have been different. The defendant bears the burden of proof on both issues, and failure to make either showing by a preponderance of the evidence will defeat his ineffectiveness claims. Toledo v. State, 519 S.W.3d 273 (Tex. App.—Houston [1st Dist.] 2017).
4. Double Jeopardy
The “Double Jeopardy Clause protects criminal defendants from three things: (1) a second prosecution for the same offense after acquittal; (2) a second prosecution for the same offense after conviction; and (3) multiple punishments for the same offense.” Llorens v. State, 520 S.W.3d 129 (Tex. App.—Austin 2017).
THE DANES’ QUOTE 5. Valuation of Property OF THE MONTH
Histories are more full of examples of the fidelity of dogs than of friends. —Alexander Pope
CRIMINAL ITEMS OF INTEREST 1. Criminally Negligent Homicide
A legally sufficient showing of criminally negligent homicide requires the State to prove that: (1) the defendant’s conduct caused the death of an individual; (2) the defendant ought to have been aware that there was a substantial and unjustifiable risk of death from his conduct; and (3) his failure to perceive the risk constituted a gross deviation from the standard of care an ordinary person would have exercised
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under like circumstances. Queeman v. State, 520 S.W.3d 616 (Tex. Crim. App. 2017).
▪ DECEMBER 2017
An owner may testify in general and commonly understood language about her property’s value, and this testimony is sufficient proof for a jury to determine the property’s value based on the owner’s credibility, in theft prosecution. Sanchez v. State, 521 S.W.3d 817 (Tex. App.—Houston [1st Dist.] 2017).
6. Law of Parties
Mere presence at the scene of a crime, or even flight from the scene, without more, is insufficient to support a conviction as a party to the offense. Rodriguez v. State, 521 S.W.3d 822 (Tex. App. —Houston [1st Dist.] 2017).
7. Expert Witness
Generally, police officers are not qualified to render expert
opinions regarding accidents based on their position as police officers alone. However, police officers are qualified to testify regarding accident reconstruction if they are trained in the science about which they will testify and possess the high degree of knowledge sufficient to qualify as an expert. The specialized knowledge that qualifies a witness to offer an expert opinion may be derived from specialized education, practical experience, a study of technical works, or a varying combination of these things. Rhomer v. State, 522 S.W.3d 13 (Tex. App. —San Antonio 2017).
8. Jury Argument
Proper jury argument generally must occupy one of the following areas: (1) a summation of the evidence presented at trial; (2) a reasonable deduction drawn from that evidence; (3) an answer to the opposing counsel’s argument; or (4) a plea for law enforcement. Gonzalez v. State, 522 S.W.3d 48 (Tex. App. —Houston [1st Dist.] 2017).
CIVIL ITEMS OF INTEREST 1. Letter Rulings
There is some authority holding that, in certain circumstances, a trial court’s prejudgment letter is not competent evidence of the basis for its judgment. Jefferson Cty. v. Stines, 523 S.W.3d 691, 702 (Tex. App.— Beaumont 2017).
2. Dilatory Plea
A plea to the jurisdiction is a dilatory plea, which is used to defeat a plaintiff’s cause of action without regard to whether the plaintiff’s claims have merit. City of Willis v. Garcia, 523 S.W.3d 729, 740 (Tex. App.— Beaumont 2017).
satisfaction of liabilities. Gillet v. Zupt, LLC, 523 S.W.3d 749, 754 (Tex. App.—Houston [14th Dist.] 2017).
6. Premises Liability Claim
To prevail on a premises liability claim against a property owner, an injured invitee must establish four elements, among them: (3) the property owner failed to take reasonable care to reduce or eliminate the risk. The property owner may negate the third element by adequately warning the invitee of the dangerous condition. A property owner’s warning to an invitee of an unreasonably dangerous condition is adequate if, given the totality of the surrounding circumstances, the warning identifies and communicates the existence of the condition in a manner that a reasonable person would perceive and understand. Sanchez v. Stripes LLC, 523 S.W.3d 810, 812 (Tex. App.— San Antonio 2017).
7. Claim Against Municipality
The TTCA entitles governmental entities to receive formal notice of a claim against it within six months of the incident which established the basis of the claim. To excuse lack of formal notice pursuant to Section 101.101(c), a claimant must establish that a governmental unit had actual notice of: (1) a death, injury, or property damage; (2) the governmental unit’s alleged fault producing or contributing to the death, injury, or property damage; and (3) the identity of the parties involved. City of El Paso v. Viel, 523 S.W.3d 876, 885 (Tex. App.—El Paso 2017).
8. Lessor’s Duty
3. Plea to the Jurisdiction
Generally, a lessor has no duty to tenants or their invitees for dangerous conditions that pose an unreasonable risk of harm on the leased premises. A recognized exception, however, applies when injuries are “caused by a defect on a portion of premises that remain under the lessor’s control. . . . Control can be proven by either a contractual agreement expressly assigning the right of control or an actual exercise of control.” City of El Paso v. Viel, 523 S.W.3d 876, 895 (Tex. App.—El Paso 2017).
4. Proportionate Responsibility Statute
LEGAL QUOTE OF THE MONTH
When the plaintiff’s pleadings affirmatively negate the existence of jurisdiction, “then a plea to the jurisdiction may be granted without allowing the plaintiffs an opportunity to amend.” City of Willis v. Garcia, 523 S.W.3d 729, 741 (Tex. App.— Beaumont 2017). “Chapter 33 applies generally to all common-law tort claims and to statutory tort claims that do not include a separate and conflicting legislative fault-allocation scheme.” Section 33.002 is unambiguous and does not provide for any exclusion of intentional torts. Arceneaux v. Pinnacle Entertainment, Inc., 523 S.W.3d 746, 748 (Tex. App.—Houston [14th Dist.] 2017).
5. Texas Turnover Statute
The Texas “turnover” statute allows judgment creditors to reach assets of a judgment debtor that are otherwise difficult to attach or levy on by ordinary legal process. Specifically, a judgment creditor may seek turnover relief against a judgment debtor if the judgment debtor owns property, including present or future rights to property, that (1) cannot readily be attached or levied on by ordinary legal process, and (2) is not exempt from attachment, execution, or seizure for the
“There is but one law for all, namely, that law which governs all law, the law of our Creator, the law of humanity, justice, equity – the law of nature, and of nations.” —Edmund Burke
OLD NEWS
Leonard’s Opens Downtown: Brothers Marvin and O.P. Leonard opened a 25-by-60-foot grocery store at 111 Houston St. in downtown Fort Worth on April 25, 1918. Their first sale was a nickel can of condensed milk. Within four years, after adding auto tires to their inventory, they bought all the property fronting on two blocks of Houston Street for several major expansions. The enterprise became known as the Leonard Brothers Department Store, the largest in Fort Worth. g
DECEMBER 2017
▪ TCBA BULLETIN 9
Handling meritorious personal injury and wrongful death cases, including 18-wheeler trucking collisions.
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• FORT WORTH, TEXAS 76104 • TEL 817.531.3000 • FAX 817.923.2228
www.texlawyers.com
CONTINUED FROM PAGE 7 kidding,” he said. The rest is history. “The whole process showed me what a small town Fort Worth is and what a small state Texas is. People know each other across the State.” When Governor Bush announced Gallagher’s appointment, he left the Zachry firm after fourteen years. He enjoyed his time with the firm and his colleagues. “We had a great group of guys.” In January 2000, he was sworn into office by then Family District Court Judge Frank Sullivan. He won his first election in 2001 and is now in his fifth term drawing no opponents since his appointment. The Judge handles his docket and the attorneys and parties appearing before him with professionalism and care by practicing the Golden Rule: “I will never intentionally embarrass a lawyer in front of the jury or in front of a client. I will treat them the way they want to be treated by me.” Judge Gallagher is married to Melissa Gallagher, who is the assistant principal at St. Joseph Catholic School in Arlington. They have two sons. Will Gallagher is an Assistant District Attorney in Tarrant County. Ross Gallagher works as the Manager for the Tarrant County Domestic Violence Division. In his spare time, Judge Gallagher likes to collect police challenge coins honoring service of the police, Texas Rangers, and others. He displays the coins on his desk in his office. g
ATTORNEY VOLUNTEERS NEEDED
The Eldon B. Mahon Inn of Court is hosting the regional rounds of the Texas High School Mock Trial Competition and needs attorney volunteers to serve as judges for the c ompetition. Volunteer slots are available:
• Saturday, January 13, 2018
(for three rounds t hroughout the day)
• Friday, January 19, 2018 (in the afternoon)
Tarrant County Family Court Building 200 E Weatherford Street Fort Worth, TX 76196 The competition is supported by a grant from the Tarrant County Bar Foundation. For more information, please contact elizabeth@tarrantbar.org.
Lawyer Referral & Information Service
T
he Lawyer Referral & Information Service would like to thank our LRIS attorneys who make it all possible with their referral fees:
Ola Campbell Margaret Crosby Jasmit Dhaliwal Jennifer Dillon Lacie Friday Jesse Garcia Greg Gibson Andrew Gore Erik Hudak Gem Jones
Bryce King Jerry Murad Kenneth Newell David Robinson Karen Schroeder Andrew Seibert Carey Thompson Bill White David C. Wright
News
As of November 25, LRIS has received a total of $36,561.59 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
DECEMBER 2017
▪ TCBA BULLETIN 11
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.
2018-2019 TCBA Director Candidate Request If you are interested in serving on the Tarrant County Bar Association's Board of Directors, please contact the Bar Offices at 817.338.4092 for a Director Candidate Request Form. All candidates must be an attorney in good standing with the Tarrant County Bar Association for the preceding three years. The election of the 2018-2019 Board of Directors will be held in April 2018. For more information, contact Megan Cooley by email at megan@tarrantbar. org or at 817.338.4092. g
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.
Law Offices of Jason Smith
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 Brad Shaw at 817.237.1254 or bshawesq@sbcglobal.net. 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. Tarrant County Probate Bar Association Meets on the 1st Thursday of each month at the Petroleum Clubmembers free, guests $30. For more information, contact Lara Aman at 817.390.6040 or lara.fernandes@ustrust.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.
12 www.tarrantbar.org
▪ DECEMBER 2017
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
Lawyers on the Move &
Welcome New Members of the TCBA: ATTORNEYS David Conrad Beyer Kellie Beyer Jason Breisch Charles Davis Chapman Grant Austin Dickey Gretchen Diebel William B. Doonan Roel Elizalde, Jr. Keirsten Hamilton Matthew Jackson Zach Kleiman John Lehrmann Nikki Rhodes Jared Vitemb
STUDENTS Dameron Barron Sarah Beauchamp Eleanor Becerra Heath Dickey Steffani Fausone Michael Gilmore Victoria Gonzales Anjelica Harris Daniel Howell Mattie Isturiz Serech Kissire Peter Kuylen Robert Loughran John Michael Mooneyham Robert Ramirez Michael I. Sheeter Grant E. Singleton Dillon Vaughn
ASSOCIATES Chris Garcia Ross Perez
PARALEGALS Mary Mendoza
Karen Schroeder, attorney at law, has moved her offices around the corner to the Tuscan on Walnut Creek, 550 N. Walnut Creek, Suite 110, Mansfield. Karen specializes in Trusts, Guardianships and Probate. Karen can still be reached 817-842-0220 and KS@KarenSchroederLaw.com. Lindsay P. Daniel has joined the Fort Worth office of Bank of Texas as a trust officer. She may be reached at (817) 348-5714 or ldaniel@bokf.com. W. Bradley Parker of the Parker Law Firm in Bedford has been named the 2017 recipient of the H.G. Wells Outstanding Trial Lawyer Award by the Tarrant County Trial Lawyers Association (TCTLA).
in the News
Nick Bettinger of McDonald Sanders Law Firm and 2017-2018 Tarrant County Bar Association President, has been featured in the October 2017 issue of Super Lawyers Magazine. The article can be found at https://www.superlawyers.com/texas/article/the-balloon-man/ cf71f202-7f8c-45fa-bb73-24cb3eff55c3.html. Patterson Law Group was recognized as the 6th Best Company to Work for in Fort Worth (small company category) by Fort Worth Inc. Magazine. PLG handles personal injury matters all across Texas and is managed by Tarrant County Bar Association members Anna Patterson and Travis Patterson. 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@tarrantbar.org.
A
Membership Report
s we wrap up 2017, we want to thank all of our members for their continued support of the Tarrant County Bar Association! We care about our members and want your TCBA membership to enrich your professional and personal life. From the beginning of the bar year through the end of November, the Tarrant County Bar Association has provided: • Nine Hours of Free CLE to TCBA Members • Over Twenty Four Hours of Free CLE at TCBA Section Luncheons & Events • Six Networking Events • Free Shredding Services and Other Member Discounts and Professional Services • Opportunites for Community Service and Professional Development at Nine dif-
ferent legal clinics with Tarrant County Volunteer Attorney Services (TVAS) and Texas Lawyers for Texas Veterans – Tarrant County Chapter (TLTV). We care about your involvement and are always open to hear ideas of how we can improve the Tarrant County Bar Association membership. We hope you enjoy the holiday season with your family and look forward to continued success in 2018! g
DECEMBER 2017
▪ TCBA BULLETIN 13
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14 www.tarrantbar.org
▪ DECEMBER 2017
OPERATING
Tarrant County Volunteer Attorney Services
D
uring the fall quarter, TVAS held two general advice only clinics at Presbyterian Night Shelter (PNS) facilities. 2016 Guardian of Justice Sponsor Kelly Hart & Hallman LLP staffed a clinic at the Morris Women and Children’s Center, and 2016 Guardian of Justice Sponsor Cantey Hanger LLP staffed a clinic at the True Worth Place. Both clinics were staffed by volunteer attorneys who provided 20-30 minute consultations to guests on a range of legal issues. Over 50 legal issues were addressed including questions on custody, child support, divorce, immigration, employment, and guardianship. g
If you are interested in sponsoring or participating in one of our clinics, please contact Melissa Sircar, Pro Bono Programs Director at melissa@tarrantbar.org.
Texas Lawyers for Texas Veterans
V
Tarrant County Chapter
eterans Legal Aid Week, coordinated by the Texas Access to Justice Foundation, honors Texas Veterans through events surrounding Veterans Day. This year TLTV committee members participated in four outreach events associated with Veterans Legal Aid Week and Veterans Day, reaching more than 1500 veterans and over 13,000 people. At each outreach event, committee members educate veterans and the general public about the legal services TLTV provides to our veteran community. The goal is always to promote TLTV legal clinics and ultimately to increase the number of veterans served. The four events attended were: • Inaugural Lockheed Martin Veterans Expo • Fort Worth Veterans Benefit Fair • Central Market Feast of Sharing (12,000+ people in attendance) • 9th Annual Cowtown Homeless Veterans Stand Down If you are interested in helping with the important mis-
sion of providing pro bono legal services to our veteran community, please contact Melissa Sircar, Pro Bono Programs Director at melissa@tarrantbar.org. Our first 2018 clinic is scheduled for Friday, January 19th from 2-5pm. g
DECEMBER 2017
▪ TCBA BULLETIN 15
Tarrant County Young Lawyers Association and Tarrant County Bar Association
1st Place
T
he Tarrant County Bar Association/Tarrant County Young Lawyers Association Charity Golf Tournament was another incredible success. In addition to no broken windows on any of the beautiful homes that line the fairways of Mira Vista Country Club, the Tournament was able to raise $6,300 for the Tarrant County Bar Foundation. These funds will be used to provide a stipend to several Texas A&M Law Students who serve as interns for the pro bono programs of the Tarrant County Bar Foundation over the next year. These interns provide invaluable support to the pro bono programs by working with low income veterans and indigent individuals at legal clinics, and the fellowship provides the law students a chance to work with volunteer attorneys of the Tarrant County Bar Association. As it is when any group of lawyers congregate, there must be some winners! 1st Place Martin Garcia (Texas Secure Title Company), Spencer Nilsson (Nilsson Legal Group), Jeff Johnson (Johnson, Loyd & Schmitz), and Ryan Heath (Wick Phillips) (Pictured above; back to back champions!)
16 www.tarrantbar.org
▪ DECEMBER 2017
2nd Place Adam Simmons, Jim Griffis, Sam Demel, Craig Koudelka (Harris Finley & Bogle) 3rd Place Chris O’Shell (Whitley Penn), Ryan Winter (Whitley Penn), Greg Scheig (ValueScope), David Pryde (ValueScope) Longest Drive Kevin Doskocil (Briggs Freeman Sotheyby’s) Closes to the Pin Jeff Johnson (Johnson, Loyd & Schmitz) Thank you again to all of our participants and sponsors. We hope you will join us again next year, as we Tee ‘Em High and Hit ‘Em Long!!! - Clark Rucker g
None of this would have been possible without the incredible support of our sponsors.
Thank You Sponsors Banquet Sponsors
Brackett & Ellis, P.C. Circelli, Walter & Young, PLLC Koonsfuller, P.C. Parker Law Firm Texas A&M University School of Law
Golf Hole Sponsors
Baker Monroe, PLLC Brown, Dean, Proctor & Howell, LLP Dispute Resolution Services of North Texas, Inc. Forshey Prostok, LLP Harris, Finley & Bogle, P.C. Harbinger eDiscovery Hutchison & Stoy, PLLC Kelly Hart & Hallman LLP McDonald Sanders Law Firm Patterson Law Group Ray, McChristian & Jeans, P.C. Slack and Davis, L.L.P U.S. Legal Support Veritext
DECEMBER 2017
â–ª TCBA BULLETIN 17
It's All Happening Around the Bar
Women Attorneys Section and TCYLA Bar Passers Happy Hour
Membership Luncheon Honoring Veterans and TLTV Volunteers Keynote Speaker: Terry Tottenham
Docket Call Social at Dorsett Johnson & Swift
18 www.tarrantbar.org
â–ª DECEMBER 2017
Grab Your Best "Griswold" Look and Join Us For Tarrant County Bar Association's
Holiday Celebration!
Thursday, December 7 5:00pm - 7:00pm TCBA Bar Center
Fun, Games, Photo Booth, Door Prizes, Drinks, Food and More. Bring your donation of new stuffed animals or make a monetary contribution.
Thank You to Our Sponsors
DECEMBER 2017
â–ª TCBA BULLETIN 19
LegalLine
817.335.1239
Thank You
Thank you to Phillips & King, PLLC for sponsoring Tequila and Margarita Night for LegalLine on November 9.
Norma Bazรกn, Ola Campbell, Gregory Gibson, William Huebner, Bryce King, Scott Phillips, Lynn Rodriguez, Karon Rowden, Elizabeth Luevano, Melissa Sircar
Please make note that LegalLine will start back up again on January 11, 2018.
GRIEVANCE DEFENSE When your license, livelihood, and reputation are at stake
GRIFFIN W. COLLIE 2514 BOLL STREET DALLAS, TEXAS 75204 214.484.4323 PHONE www.grievancedefensefortworth.com
20 www.tarrantbar.org
โ ช DECEMBER 2017
CLE
Corner
Sherry Jones Associate Executive Director
Upcoming Brown Bag Seminar dates: January 26, 2018 – Firearms and Weapons February 23, 2018 – Appellate Law March 23, 2018 – Child Welfare May 18, 2018 – TBD
If there is a topic you would like to hear at a seminar, please let us know. We are always looking for topics that are needed for CLE credit. g
Happy Holidays!
For affordable mediation services, call DRS. Because when you talk, we’ll listen. Get the help and resources needed to work through disputes outside of the courtroom. Dispute Resolution Services of North Texas, Tarrant County’s Dispute Resolution Center, provides a safe environment for parties to discuss and resolve issues affordably. Following a proven process, trained neutral mediators work together with parties to develop workable solutions. The mediators’ guidance throughout the process gives the parties and counsel the opportunity to create their own solutions. To discuss your case, call today.
817-877-4554 4304 Airport Freeway, Suite 100 Fort Worth, Texas 76117 drsnorthtexas.org
Uncommon attention to reach common ground. DECEMBER 2017
▪ TCBA BULLETIN 21
REWARD
PRESORTED Bar Bulletin ▪ December 2017 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
justice IS
DECIDEDLY
IN
✯ YOUR ✯
FAVOR
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.
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817.920.9000 |
stephensanderson.com
PERSONAL INJURY
WRONGFUL DEATH
CONTINGENT-FEE 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.
Tarrant County Bar Association - Fort Worth Tarrant County Volunteer Attorney Services Texas Lawyers for Texas Veterans - Tarrant County Chapter
@TarrantBar
@TLTVinTarrant
@TVASFW
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