Bulletin January 2018
Start the New Year at the Bar The TCBA has several programs and events planned for 2018, including January’s technology events and free CLEs.
President’s Page
W
Making the Turn
ell, it’s hump day. The midpoint of the Bar year. The holidays are over. Time to make the turn and get ready for the back nine. Time to reflect on where you’ve been and plan for what’s ahead. Such a perfect time to make a change for the better. I am a big beby Nick Bettinger liever in New Year’s resolutions. It’s like having a suggestion box…for yourself. Who among us doesn’t want to remove a negative or add a positive to our lives? New Year’s resolutions fail because the goal is either too lofty (I will run a marathon) or too general (I vow to be more organized). I believe in specific, achievable resolutions (I admit, 2015 was a bit of a struggle without caffeine, but I sure slept well that year). Get creative. Toss three resolutions in a hat and pick one. Trade resolutions with a friend. Choose two resolutions and do each for six months. Here are a few ideas for tech-related resolutions.
Resolve to buy a scanner.
I know, I like to talk about scanners. But take a look at your desk. You probably have an “I may need this later” pile sitting next to the “stuff I might read some day” stack, which is just to the left of the “I’ll close these files someday” mound. Go get yourself a Fujitsu ScanSnap iX500 ($420 on Amazon) and convert those papers into searchable PDF files. This latest model allows you to scan wirelessly to a PC, Mac, mobile device, or even the cloud. The benefits include: (1) no more lost documents, (2) remote access to your files, (3) protecting client files from natural disasters, and (4) a clean desk!
Resolve to get a second (or third) monitor.
Dual monitors seem to be the norm these days. Have you ever thought about three? I added a third monitor a few months ago, allowing more space to spread out a digital case file. More importantly, though, I’ve turned one of the monitors to portrait orientation. Much of what we do involves creating and reviewing documents that are taller than they are wide, and the default scroll in most applications is vertical. Portrait mode allows you to fit more on the screen, and the larger font sizes make document review much easier on your eyes. Switching to portrait does not require
additional hardware, and the configuration process is fairly simple. Below is a photo of my setup. If you’re proud of your configuration, send me a photo and maybe I’ll post it in the Bulletin.
Resolve to back up your critical data.
Chances are, you will experience some event that will jeopardize your electronic data. It may be a natural disaster. It could be a digital disaster, such as a computer virus or hard drive failure. It might be a human disaster, like a disgruntled employee deleting your stored data. It could even be a targeted attack, such as ransomware. Backing up your data offsite protects you from these unfortunate events. Cloud backups are simple, relatively inexpensive (proportionate with your backup size), and don’t require you to constantly change out media or move it offsite. Dozens of options exist to allow your data to be backed up to a remote location that would be unaffected by any local disaster. Put an online redundancy in place on January 1, and you’ve accomplished your resolution for the entire year!
Resolve to monitor your health.
Maybe the above suggestions are too techy for you, or maybe you want personal health included with your resolution. If so, might I suggest the combination of a fitness band and a health app for your mobile device. The fitness band will monitor your heart rate, track your exercise, and keep up with your sleep quality. The data uploads to a health app which may also include a way to track your daily calorie intake. The Fitbit line of bands are highly rated and popular. I am currently intrigued by the new Motiv Ring which, as the name suggests, is worn around a finger instead of your wrist. As for apps, you can stick with the proprietary app from your band manufacturer, or you can go with a popular third-party app, such as MyFitnessPal. No matter what combination you choose, being better informed about your diet, exercise and sleep can only lead to positive results. CONTINUED ON PAGE 7 JANUARY 2018
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Contents
Features 4 “A New Year and A New (Tech) You” 7 16 17 20
14
Membership Luncheon Celebrating 50 Year Attorneys TCBF Pro Bono Awards Law Firm Security Step 5 "Secure Your Sensitive Data"
Advertiser's Index Bank of Texas......................................................21 Juris Fabrilis..........................................................7 KoonsFuller.................................Inside Front Cover Law Offices of Jason Smith..................................23 Law Offices of Steven C. Laird, P.C........................8 LawPay...............................................................16 Stephens Anderson & Cummings...........Back Cover Texas Lawyers' Insurance Exchange...................25 Tindall Square Office Complex.............................21 The Collie Firm...................................................12
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▪ JANUARY 2018
817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org 2017-2018 Officers
22
President................................Nick Bettinger President-Elect..........................Lance Evans Vice President.............................John Cayce Secretary-Treasurer...............Gary L. Medlin
Directors Term Ends 2019
Director..............................Susan Hutchison Director............................Jason C. N. Smith Director............................Tennessee Walker
TCBF Annual Meeting
Departments 1 President's Page 3 100 Club 4 YLA Snapshot 5 Calendar of Events 7 LegalLine 9 Lawyers on the Move & in the News 9 Membership Report 10 Judicial Profile - Justice Bill Meier 12 Lawyer Referral & Information Service News 12 Vendor List 13 Tarrant County Volunteer Attorney Services 18 Snippets 20 Texas Lawyers for Texas Veterans 21 Wellness Corner 23 CLE Corner 25 Other Associations' News & Information
Tarrant County Bar Association
Term Ends 2018
23
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 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.
Members of the 2017-2018
100 Club
*List Reflected Below is as of December 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 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
YLA Snapshot Christopher Gee, President TCYLA As we begin a new year, many of us will be focusing on setting goals and making improvements in our lives. This will also be the case for the Tarrant County Young Lawyer’s Association (TCYLA). TCYLA is excited to be making some changes to its organization in 2018 and would like to update members on the progress we’ve been making. As I mentioned in the December YLA Snapshot, over the last several months, the Board of Directors has been engaged in a much-needed organizational review. The Board of Directors was divided into three focus groups: Membership Recruitment and Engagement, Leadership Structure and Strategic Planning, and Administrative/Marketing/ Communication. Team leads have been meeting with their groups and reporting out to the full Board of Directors with their group’s recommendations for improvements. At the
most recent Board meeting on December 6th, the Board of Directors heard from the focus group charged with reviewing TCYLA’s leadership structure, and the Board voted to approve some conceptual changes to the leadership structure that will be presented to the full membership for a by-laws vote this spring. For as long as anyone can remember, TCYLA has been governed by a seniority-based system where Directors are elected to six-month terms and eventually ascend into the officer ranks where they are voted on as an officer slate. Officers then automatically elevate through the officer ranks every six months until they eventually serve a six-month term as President. This system has served the organization well for a number of years, but many were concerned
CONTINUED ON PAGE 7
“A New Year and A New (Tech) You” Technology Lunch and Learn (Free to TCBA Members)
Top 10 Steps for Safer Data – JurisFabrilis
Tuesday, January 9, 2018 11:30 AM - 1:30 PM TCBA Offices Pizza and cookies provided
Tech Vendor Fair and TCBA Docket Call Thursday, January 11, 2018 Tech Vendor Fair: 4 PM Docket Call: 5 PM - 6:30 PM TCBA Offices
Come to the TCBA and Learn about Products for Your Practice or Law Office. Vendors will be available at the TCBA Bar Center at 4 p.m. for members to visit on a come and go basis to answer your questions.
Vendors include:
Docket Call Sponsored by
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Calendar of Events
January 2018
February 2018
7 Transition to Practice - “What Every Lawyer Should Know: Probate, Appellate Law and Court Coordinator’s Thoughts” 11:30 am, TCBA Office
9 Tech Tips with Juris Fabrilis 12 pm, TCBA Office 10 Intellectual Property Law Section Joint Lunch with the Federal Bar 12 pm, Petroleum Club
8 Energy Law Section Luncheon Noon, Petroleum Club
10 Tarrant County Bar Foundation's Annual Meeting 5:30 pm, TCBA Office 11 Tech Fair/Docket Call Social Tech Fair - 4 pm, Docket Call - 5 pm, TCBA Office 11 LegalLine 6:00 pm - 8:00 pm, TCBA Office 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 23 Tax & Estate Planning Section Luncheon 11:30 am, Petroleum Club 24 Pro Bono Awards Luncheon 12 pm, City Club 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
8 LegalLine 6:00 pm - 8:00 pm, TCBA Office 13 Membership Luncheon Celebrating 50 Year Attorneys 11:45 am, City Club 15 Fort Worth Business & Estate Section Luncheon 11:45 am, City Club 15 Construction Law Section Luncheon 12 pm, TCBA Office 16 Breakfast with the Tarrant County Judiciary 7:30 am - 9:00 am, TCBA Office 19 President's Day Holiday Office Closed 20 Labor & Employment Law Section Luncheon 12 pm, Petroleum Club 22 Court Staff Seminar 9:00 am - 5:00 pm, TCBA Office 22 LegalLine 6:00 pm - 8:00 pm, TCBA Office 23 Brown Bag Seminar - Appellate Law 12:30 pm - 3:45 pm, TCBA Office 27 Tax & Estate Planning Section Luncheon 11:30 am, Petroleum Club 27 Women in the Law Luncheon - Guest Speaker: Betsy Price 12 pm, Fort Worth Club 27 Last Tuesday CLE 1:00 pm - 4:00 pm, TCBA Office 3 hours CLE in Ethics
Get Your Final Night Rodeo Tickets Here Get your Championship Performance Rodeo tickets today for Saturday, February 3, 2018 at Will Rogers Coliseum.
Ticket price: $32 ea.
For more information or to purchase tickets, contact Sherry Jones at sherry@tarrantbar.org or call 817.338.4092. JANUARY 2018
▪ TCBA BULLETIN 5
Tarrant County Bar Foundation
Thank You to Our Sponsors Guardian of Justice Cantey Hanger LLP
Patron of Justice
Harris, Finley & Bogle, P.C. Kelly Hart & Hallman LLP KoonsFuller, P.C. McDonald Sanders, P.C. Texas A&M University School of Law Waldron Companies
Supporter of Justice
Judge Brooke Allen, Probate Court No. 2 Brackett & Ellis, P.C. The Brender Law Firm Mattie Peterson Compton Haynes and Boone, LLP Aleed Rivera Patti Gearhart Turner Second Court of Appeals of Texas Tarrant County Criminal District Attorney Sharen Wilson Whitaker Chalk Swindle & Schwartz PLLC
Donations
John McClane
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February
CONTINUED FROM PAGE 1
Membership Luncheon
Celebrating 50 Year Attorneys "The Legal Profession in the Next 50 Years" Tuesday, February 13th, 2018 11:45 AM
TCBA events this month
Docket Call/Tech Fair.
To help you with your New Year’s Tech Resolutions, TCBA is sponsoring a Tech Fair on January 11th at the Tarrant County Bar Center. We are bringing together representatives of legal technology products and service providers. Immediately following the Tech Fair, we will roll into our monthly Docket Call Social. Watch your e-mail for more details. Balloon of the month. The Eagle has landed.
City Club $26 for Members $31 for Non-Members RSVP to Sherry Jones at sherry@tarrantbar.org.
LegalLine M
817.335.1239
ark your calendars for the next upcoming LegalLine on Thursday, January 11, 2018 from 6 p.m. to 8 p.m. Contact Carolina for more information at carolina@tarrantbar.org.
January
February
March
April
May
June
11 & 25
12 & 26
8 & 22
10 & 24
8 & 22
14 & 28
Have a great month. g
Nick
CONTINUED FROM PAGE 4
that six-month leadership terms weren’t an effective way to lead a large organization, and the lack of term limits didn’t create an opportunity to inject new voices in the organization’s leadership frequently enough. The Board decided that moving to a more merit-based system would serve the organization and its members better in the long term. As a result, the Board of Directors will be proposing one-year terms for officers and Directors, and imposing 4-year term limits on Director positions. Additional major changes include reducing the number of officer positions to only include a President, President-Elect, and Secretary/Treasurer. Officers will be voted upon by the sitting Board of Directors, and to be eligible for an officer position, you must have served at least one term as a member of the Board. A recruitment committee will be established to make recommendations for open Director seats, and the elections will shift to an online voting system instead of being held at the monthly CLE luncheons. The Board of Directors will be working the next couple of months to iron out the details and draft the proposed bylaw language so that these changes can go into effect for the August 2018 election. We are excited about these improvements and believe this will help take this great organization to the next level! Happy new year from TCYLA! g
JANUARY 2018
▪ TCBA BULLETIN 7
Handling meritorious personal injury and wrongful death cases, including 18-wheeler trucking collisions.
1119 PENNSYLVANIA AVENUE
• FORT WORTH, TEXAS 76104 • TEL 817.531.3000 • FAX 817.923.2228
www.texlawyers.com
Welcome New Members of the TCBA: ATTORNEYS Carlton Alexander Colin Benton Jeremy Black Gene Burkett Jeffrey H. Chesnut Seth Crosland Hayley Cutler Stacie Dowell Kyle Harter Alexis Jenkins Colby Jackson Latimer C.R. Moore, III Tania Sethi Sara Thornton Robert Benton Weathersby
STUDENTS Omar Alamahdy Taylor Bounds Robert Bowden Allison Bubak Erin Dohnalek Eduardo Garza Katherine Hailey Brandt Haseloff Isaac Olson Ashley Phillips Gianna Redeemer Robert Cameron Saenz William Sharp Thomas Watson Amanda Watts Braxton Wood
Lawyers on the Move & Joseph P. Regan, previously with Winstead, is now a partner in K&L Gates. He can be contacted at 817.347.5273 or by email at Joe. Regan@klgates.com. Adam L. Plumbley, previously with Winstead, is now a partner in K&L Gates. Adam can be contacted at 817.347.5022 or by email at Adam.Plumbley@klgates.com. Douglas Clayton is now chair of the Business, Tax and Estates Section of Cantey Hanger, 600 W. 6th St., Ste. 300, Fort Worth 76102. Julie Bergkamp is now vice chair of the Business, Tax and Estates Section of Cantey
in the News
Hanger, 600 W. 6th St., Ste. 300, Fort Worth 76102. Jack W. Raines has been named as the Chief United States Administrative Law Judge for the Fort Worth Office of Hearing Operations for the Social Security Administration. Judge Raines formerly served as an Assistant United States Attorney in Fort Worth. He was appointed a United States Administrative Law Judge in 2001, and previously served as the Chief Administrative Law Judge for the Houston area of operations from 2002 until 2005 when he was reassigned to his home area of Fort Worth. 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
We hope all of our members enjoyed the holiday season with their families and are ready to hit the ground running in 2018! This month, we are focusing on membership benefits of joining the TCBA! Do you know what the association offers all members? 1. The TCBA has eighteen substantive law sections that offer CLE luncheons and networking opportunities. 2. The TCBA offers exclusive, free CLE opportunities to only members. 3. All members receive a weekly email of legal events occurring in Tarrant County and have access to our monthly publication, the Bar Bulletin. 4. The TCBA maintains an online, excluASSOCIATES sive Membership Directory. 5. TCBA Members can join the Lawyer Robert Tunnell Referral Service at a reduced cost for, which helps solo or small firms build a client base. 6. Our Transition to Practice program is open to all new attorneys who need guidance from seasoned attorneys.
7. The TCBA offers reduced cost room rental, along with Texas Rangers and Fort Worth Zoo tickets at a lower cost. 8. Our members are able to give back to the Tarrant County community through Texas Lawyers for Texas Veterans, Tarrant Volunteer Services, Legal Line, People’s Law School committee, Annual Food Drive Committee, Elder Law Committee, and the Blood Drive committee. 9. The TCBA offers reduced advertising costs for members in the Bar Bulletin and the TCBA website. 10. Our members are invited to exclusive networking events with attorneys within the Tarrant County legal community. We are thankful for your continued membership and hope that you will fully utilize all member benefits in 2018! If you have any questions about your membership, please contact Lauren at the bar office or email her at lauren@tarrantbar.org. g
JANUARY 2018
â–Ş TCBA BULLETIN 9
JudicialProfile
by Perry Cockerell
Justice Bill Meier
O
n 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. After graduating from junior college in 1961, he left Stephenville for Austin in his 1951 Ford to attend college at the University of Texas and to continue on through law school. On his first day he found temporary housing at the YMCA, and with his salesmanship experience he landed another sales position selling men’s clothes at a local store. His employer offered him a fifteen percent commission on top of his hourly wage. But when payday came, his employer failed to honor the commission due and chose to pay only an hourly wage. Realizing he had been wronged, he left and told his employer that he would no longer work for the company. He found another sales position at Scarbrough’s, a large department store, where he worked for five years. 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
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▪ JANUARY 2018
the first public defender in Dallas County. This put him on the opposite side of the District Attorney’s office. On his first day on the job, he was handed a sheet of paper with over 150 clients who had no court-appointed attorneys, could not make bail, and were in the Dallas County Jail. “In those days the courts only appointed lawyers for defendants accused of a felony, and then only at the time of trial,” Meier said. Meier studied the law and found a solution to expedite their cases. “I figured out filing for an examining trial where there was no indictment in felony cases and seeking a speedy trial in misdemeanor cases would get these cases moving.” This resulted in the District Attorney’s Office having to immediately seek an indictment and the courts having to immediately appoint defense counsel and set the case for trial. Meier would then serve with appointed counsel as the second defense counsel of record. His actions drew the attention of Henry Wade. One day, Meier was introduced to Wade by a colleague in the courthouse. Wade responded to the introduction: “Yes, I know Mr. Meier. He’s the one filing for all those examining trials.” Looking back at the episode Meier said, “I always liked to have fun in the practice of law—things came full circle with D.A. Wade.” 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 northeast 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 1977, when a bill was filed to exempt the Industrial Accident Board from the Open Records Act, Meier opposed it, believing that employers had a right to know of the medical history of employees. “I had a mad on,” he said. “I was truly convinced that the worker’s compensation law needed revision.” Meier chose to filibuster the bill and had legal cases brought to him on the Senate floor that supported his position. He read them word for word. During the filibuster when he saw a Senate member who was required to remain on the Senate floor in order to keep the bill alive about to doze off at three or four o’clock in the morning, Meier would quietly approach him and loudly say, “And let me make this point!”—shocking the senator awake. On the third day of his filibuster, Lieutenant Governor Bill Hobby approached him and asked: “Senator, how many votes do you have?”
“I’ve got seven,” said Senator Meier. Hobby: “How long have you had seven?” Meier: “For two days, and it’s not changing.” Hobby: “You have set the world record for filibuster. I will put out the word that you will end the filibuster at 10 a.m. and the Senate will return to business.” When the Senate reconvened, the entire gallery was full. After a brief debate, the bill was passed and a defeated Senator Meier sat down at his Senate desk after having set a world record for a filibuster at 43 hours. In 1980, Senator Meier decided to switch from the Democratic Party to the Republican Party. Did he experience any backlash for changing parties? “No. Tarrant County has always been a very conservative place.” He explained that “when I was first elected in 1972, the State of Texas and Tarrant County were almost totally Democrat. I switched to the Republican Party when then Governor Bill Clements asked me to serve as the chairman for a presidential-election-year group known as ‘Democrats and Independents for Reagan/Bush.’ Clements couldn’t take the position because he was a Republican.” Meier accepted the assignment and during the 1980 presidential campaign he travelled all over Texas campaigning for Reagan/Bush. He personally met then-presidential-candidate Ronald Reagan three times. In 1982, Meier decided to make a statewide campaign by running for Texas Attorney General against Jim Mattox. Aided by his pilot’s license, Meier crossed the state by frequently flying himself to political events in his own plane. Known for his lighthearted humor, Meier had fun campaigning against Mattox. Mattox chose not to appear on any stage with Meier and when Mattox did not show up, Meier carried a four-foot-by-two-foot picture of Mattox and placed it in an empty chair to remind voters that Mattox wasn’t there. But 1982 was not the right time for Meier or any Republican to run because all statewide Republican candidates were defeated. For Meier, “it was always fun traveling the entire state talking with folks and exchanging ideas.” 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. In 2008, Justice Dixon Holman announced his retirement from the Second Court of Appeals. Meier tested the waters and realized that he still had name identification based on his prior years in public service. He ran for the open seat on the court of appeals and won a three-candidate Republican primary race, collecting 60% of the vote and winning the general election. 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 awak-
ening 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.” Meier has always had fun in his personal life. When the Dallas Cowboys played at Texas Stadium in Irving, he attended most of their games and invited guests to attend. “I’m a big Dallas Cowboy fan. I had eight seats at Texas Stadium at the goal line. I missed very few games. We tailgated every game and had two blue parking spaces where people could meet.” When the new Cowboy Stadium in Arlington was built, Jerry Jones sent him a letter offering him similar seats for $365,000. Meier wrote a letter to Jones advising him that someone must have stolen his stationary and was sending out ridiculous letters. Alas, no seats in Cowboy Stadium. Meier has always enjoyed the outdoors. “I am a hunter,” he said, sitting in his office in the Second Court of Appeals next to his stuffed large black bear that he shot in Alaska, “Alaska is the last frontier in America. I’ve hunted lot of places in this country—in Idaho, Wyoming, and South Dakota—but nothing feels like the Alaskan wilderness. You have to be there to understand it.” Meier brought his wife Ann on the trip with him. He convinced the guide to let him take her because they had only been married six weeks. She enjoyed the trip so much that the guide said to Meier, “You can come back to Alaska only if Ann can come along.” Meier is an avid quail hunter who hunts in Coleman County. At one time he sported nine bird dogs. The year “2015 was the best quail crop in the history of Texas.” During his career he has made many friends along the way. “I don’t believe that I have an enemy, and I hope that is true.” 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 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 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.” Meier shows no sign of letting up. “I intend to do mediation after I end on the court on December 31, 2018.” 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. g
JANUARY 2018
▪ TCBA BULLETIN 11
Lawyer Referral & Information Service
T
News
he LRIS is a great way to develop or supplement your client base. LRIS has referral opportunities for a large number of practice areas, but there is a need for attorneys in the following practice areas:
• • • •
Administrative Law Insurance Law Intellectual Property Medical Malpractice
• • • •
Securities/Commodities Social Security Veterans Issues Workers Compensation
We would like to thank the following attorneys who have paid referral fees since last reported:
Dustin Lee David Robinson
Ryan Sellers Laurie Weir
If you would like an application to join our Referral Service, please send an email to carolina@tarrantbar. org or call 817.338.4092. g
GRIEVANCE DEFENSE When your license, livelihood, and reputation are at stake
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 - $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. Call the TCBA office for details.
GRIFFIN W. COLLIE 2514 BOLL STREET DALLAS, TEXAS 75204 214.484.4323 PHONE www.grievancedefensefortworth.com
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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
Tarrant County Volunteer Attorney Services Pro Bono Can Expand Your Practice Areas Is doing more good in the world your New Year’s Resolution? Looking for an opportunity to expand your practice areas? Looking for an opportunity to do well by doing good? Then pro bono is for you! Trying to expand your practice to a new area of the law can be an expensive and time-consuming process. Taking on pro bono representation through one of the TCBA’s programs is a great way to learn on the job. You get the support and opportunity you need to increase your skills while having a positive impact on the community. One of my first pro bono cases was a simple divorce without property or kids. I got to the court house an hour before I was supposed to meet my client. I did not know how to find the clerk’s office. I did not know how to get on the court’s docket to do a prove-up. I did not know where to find my assigned courtroom. I had never approached the bench in my capacity as a lawyer and was not sure I could remember the proper greeting for the judge. To say I was nervous is a huge understatement! However, I learned all of those things that day and many more. In the end, my prove-up went smoothly and my client was so appreciative that she made me feel like a rock star instead of an attorney. I left the courthouse relieved I hadn’t made a fool of myself, confident I could take on
more clients and elated that I had a positive impact on my client’s life. Over the years, I have consistently expanded my skill set into new areas by taking on pro bono representation, confident in the knowledge that I will have access to a mentor if I run into a problem or a strategy decision I don’t feel confident making on my own. I also like knowing that I can get the latest forms that I need without investing a fortune for an area of the law I may decide not to practice. If you are interested in trying something new while having a positive impact on your community, give pro bono representation a try. TCBA has two pro bono programs where attorneys have the opportunity to do hands on representation. Texas Lawyers for Texas Veterans (TLTV) and Tarrant County VolunteerAttorney Services (TVAS). Both programs provide opportunities for attorneys to do pro bono representation for qualifying clients. We can provide you with the resources you need to expand your skill set with topic specific CLEs, mentors, and free access to the necessary forms. The clients will provide you with the positive reinforcement to do it again! If you want to participate in any of our programs please contact Melissa Sircar, Pro Bono Programs Director at melissa@tarrantbar.org or 817.338.4092. g Melissa Sircar Pro Bono Programs Director
Texas Lawyers for Texas Veterans Tarrant County Chapter Thank you to Wilks Law Office for sponsoring January's Free Legal Advice Clinic For Veterans.
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▪ TCBA BULLETIN 13
Tarrant County Adoption Day 2017
B
right and early on the morning of November 17th, 2017, the Family Law Center began bustling with super heroes, both those wielding capes and those incognito, preparing for the Tarrant County Adoption Day festivities. This year, 59 kids were adopted and 44 forever families were joined together. Families had the opportunity to take their first official family photo, gather post-adoption resources, enjoy refreshments, and receive a book signed by the author. National Adoption Day is a collective, national effort to raise awareness of more than 110,000 children in foster care waiting for permanent and loving homes. The average wait for a child in foster care to be adopted is nearly three years. More than 23,000 children age out of the foster care system every year with no family or permanent home. Since its inception, this annual, nationwide event has made the dreams of nearly 65,000 children come true. In 2016, approximately 4,700 youth in foster care were adopted by their forever families over the 17th annual National Adoption Day celebrations across 400 cities. Closer to home, as of August 2017, 29,954 children were in care in the state of Texas and 8,055 were free for adoption. Of those, 4,727 were in placements that were identified as not intended to be permanent. In our own backyard in Tarrant County, there were 277 kids free for adoption and 216 of them in placements that were identified as not intended to be permanent. Locally, we are proud that Tarrant County Adoption Day has joined hundreds of children with their forever families! A special thank you to Judge Tim Menikos and all members of the planning committee, all of the volunteers who donated their time, all the community partners who provided donated items and funds to support the event, all the attorneys and CPS caseworkers who diligently prepared cases and files, and all the judges who volunteered for the event. The biggest thanks goes to all of the families who decided to act as superheroes and bring a child or children into their families. What a fantastic way to start the holiday season! A huge kudos and thanks also goes to Heroic Inner Kids for supporting the event with volunteers decked out in full super hero costume which helped to create the awesome atmosphere. Volunteers at the event helped the families throughout the day by escorting them, assisting in the courtrooms, and facilitating the reception area. Families were provided, by very generous donations from the community, many special items: a personalized keychain for each adopted child, a bear for each child in attendance, Certificates of Adoption, a yellow rose for each adoptive mother, a keep-
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sake pen the judge used to sign the Order finalizing the adoption, a welcome bag with goodies and gifts for the family, an autographed book and a super hero cape for each of the adopted children. The joy seen on every face through laughter, smiles, and tears, gives assurance to another successful year. The Committee was happy to present this year’s proclamation to the Tarrant County Bar Foundation, which has supported NAD since it began in 2000. The Foundation and Association collected stuffed animals for each child to take home, as well as offering other generous support. g
Special Thanks to Our Judges: Judge (ret.) Jean Boyd Judge Patricia Baca Bennett Judge James Munford Judge Matthew Riek Judge Lindsay DeVos Judge Jerome Hennigan Judge Jesus Nevarez, Jr. Judge Judith Wells Judge Nancy Berger
Special Thanks to Our Planning Committee: Abbey Kirby, Co-Chair Jennifer Sterling, Co-Chair Judge Tim Menikos, Judge (ret.) Jean Boyd, Cindy Williams, Jessica Juarez, Leslie Barrows, Heather Ogier, Gil Daley, Karen Denney, Linda Garcia, Lindsey Stewart, Jessica Llanes, Robley Sicard, Megan Cooley, Sherry Jones, Shawana Smith, Frank Adler, Kellye Reeves, Teri Reed, Jennifer Cruz, Natalie Stalmach, Monica Foster, Tara Raby, Ruth Pope, Nancy Gordon, Wendy Lee, Amy Smith, Michelle Rayburn, Nicole Pilgrim and Robert Blankenship
Thank You to Our Sponsors:
CASA of Tarrant County Department of Family and Protective Services Eldon B. Mahon Inn of Courts our community. our kids. Tarrant County Bar Association Tarrant County Bar Foundation Tarrant County Criminal District Attorney's Office Tarrant County Family District Courts Tarrant County Juvenile Courts Texas A&M University School of Law
Special Thanks to Our Donors: ACH Child & Family Services All Saints Lutheran Church and Children's Learning Center American Endowment Foundation Arrow Child & Family Ministries Barrows Law Firm, PC Bo Parker and Michael Board, Photographers Bob Leonard Law Group CK Family Services Cook Children's Cornerstone Childcare District Clerk Tom Wilder Fort Worth Paralegal Association Gladney Center for Adoption Haynes and Boone, LLP Heroic Inner Kids Hope Fort Worth Jake Brittain, Author Justice Law Firm Kelly Hart & Hallman Kendra Scott Koons Fuller Laurie Ryan Law Office of Andy Nguyen PLLC Legal Aid of Northwest Texas Little Giant Steps Lockheed Martin Leadership Association Masonic Lodge 510 (Everman, Texas) Mike and Miriam Richard Pearl Snap Kolaches Second Court of Appeals STAR Health Suzie Oberhofer-Maben & Keys Lounge Target Tarrant County Delegation of Elected Officials Tarrant County District Clerk's Office Tarrant County Employees Tarrant County Family Law Bar Association Tarrant County Probate Bar Association Underwood Perkins White Rhino Financial
JANUARY 2018
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PAYMENT RECEIVED
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Law Firm Security Step 5: Secure Your Sensitive Data
T
he security and integrity of your data is of paramount importance, as practices typically have large amounts of confidential and sensitive information about clients. Not only do you have an ethical responsibility to protect this information, but often times, a legal responsibility as well. So, what are some things you can do to meet these obligations?
Data in Motion
When handling sensitive information within a web browser, always make sure the web address starts with “https,” which indicates a secured connection. Data transmitted over a properly secured connection is encrypted and prevents an attacker from tampering with or accessing the information sent. Most browsers will highlight the address bar in green or show a closed lock to indicate that the connection is secure. Beware of websites that may have misconfigured or outdated security. Avoid using any website that the browser flags as having an untrusted certificate, as the site or the connection may be compromised. For example, the browser might display a message stating “the site’s security certificate is not trusted” or “there is a problem with this website’s security certificate.”
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Parting Thoughts
Over our past five security tips, we have examined several steps you can take to secure the cyber assets in your office. From your network to your passwords, systems, and data, your firm should now be on a stronger security footing. Unfortunately, security is not a one-time event. Technology changes and new threats continue to emerge, but the practices discussed in this series continue to apply. As your office changes over time, keep your asset inventory up-to-date, and use the steps of this series as a simple checklist for maintaining the security of your practice. LawPay is proud to be the preferred payment partner of more than 40,000 law firms, providing attorneys with a simple, secure, and online way to accept credit cards in their practice. The LawPay platform was designed specifically to correctly separate earned and unearned payments, giving attorneys peace of mind that their credit card transactions are always handled correctly. To learn more, call (866) 376-0950 or visit https://lawpay. com/tcba/. g
Data at Rest
Data stored on your computer or on a network storage device also need to be secured. Most modern operating systems support “whole drive” or “whole disk” encryption. Once enabled, you can be comfortable knowing that if your computer is ever lost or stolen, the data stored on it cannot be accessed by anyone else. To get started using whole drive encryption, search for “BitLocker” from the Start Menu on Windows Professional, or FileVault on Mac OS X. For data that is backed up off of your computer, or that needs to be transmitted to other parties, file encryption is a must. Applications such as SecureZIP and OpenPGP implementations like Gpg4win (Windows) can secure your own data for storage, as well as ensure protected communication to third parties.
Data in the Cloud
Confidential information stored in cloud services, whether for archival or operating purposes, must usually meet requirements imposed by industry governing bodies. PCI in the payments space, and HIPAA for healthcare data, mandate minimum encryption standards for data that is processed or stored. These standards often require ongoing audits by external parties to ensure continuing compliance. When in doubt about the ways a service provider protects your confidential information, always ask for their security practices and certifications.
JANUARY 2018
▪ TCBA BULLETIN 17
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
Tarrant County Criminal Court No. 2 Judge Carey Walker’s three top sports figures: 1. Mickey Mantle 2. Earl Campbell 3. Larry Bird
ASK JUDGE BOB
Judge Bob, exactly what does it mean for a case to become “moot”? “A case becomes moot if, since the time of filing, there has ceased to exist a justiciable controversy between the parties—that is, if the issues presented are no longer ‘live,’ or if the parties lack a legally cognizable interest in the outcome.” Mitchell v. Turbine Resources Unlimited, 523 S.W.3d 189, 196 (Tex. App.—Houston [14th Dist.] 2017).
MOSES’ AND RAMSES’ MONTHLY PARAPROSDAKIAN (a
Moses
figure of speech in which the latter part of a sentence or phrase is surprising or unexpected; frequently humorous) A bus station is where a bus stops. A train station is where a train stops. On my desk, I have a work station.
2. Exculpatory Evidence
To establish a due process violation under Brady, a defendant must show that (1) the State failed to disclose evidence; (2) the evidence withheld was favorable to the defendant; and (3) the evidence is material, meaning there is a reasonable probability that, had the evidence been disclosed, the outcome of the trial would have been different. Kolb v. State, 523 S.W.3d 211 (Tex. App. —Houston [14th Dist.] 2017).
3. Texas Rule of Evidence 403
When performing a Rule 403 analysis, the trial court is required to engage in a balancing test by considering: (1) the inherent probative force of the proffered item of evidence along with (2) the proponent’s need for that evidence against (3) any tendency of the evidence to suggest decision of an improper basis, (4) any tendency of the evidence to confuse or distract the jury from the main issues, (5) any tendency of the evidence to be given undue weight by a jury that has not been equipped to evaluate the probative force of the evidence, and (6) the likelihood that presentation of the evidence will consume an inordinate amount of time or merely repeat evidence already admitted. Lambeth v. State, 523 S.W.3d 244 (Tex. App. —Beaumont 2017).
4. Commitment Question
A commitment question “attempts to bind or commit a prospective juror to a verdict based on a hypothetical set of facts.” Improper commitment questions are prohibited to “ensure that the jury will listen to the evidence with an open mind—a mind that is impartial and without bias or prejudice—and render a verdict based upon that evidence. Garner v. State, 523 S.W.3d 266 (Tex. App. —Dallas 2017).
THE DANES’ QUOTE 5. Extraneous Evidence A trial court’s decision to admit extraneous-offense evidence OF THE MONTH Ramses
Every puppy should have a boy. —Erma Bombeck
CRIMINAL ITEMS OF INTEREST 1. Scientific Evidence
To establish the reliability of scientific evidence, the proponent must prove that (1) the underlying scientific theory is valid; (2) the technique applying the theory is valid; and (3) the technique was properly applied on the occasion in question. Kolb v. State, 523 S.W.3d 211 (Tex. App.—Houston [14th Dist.] 2017).
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is generally within the zone of reasonable disagreement if the evidence shows that (1) the extraneous transaction is relevant to a material, non-propensity issue and (2) the probative value of the evidence is not substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Fraser v. State, 523 S.W.3d 320 (Tex. App. —Amarillo 2017)
6. Circumstantial Evidence
Circumstantial evidence is as probative as direct evidence in establishing guilt, and indeed, circumstantial evidence alone can be sufficient. Each fact need not point directly and independently to a defendant’s guilt, as long as the cumulative effect of all incriminating facts is sufficient to support the conviction. As judge of the credibility of the witnesses, a jury may choose to believe all, some, or none of the testimony
presented. A jury is also entitled to resolve any inconsistencies in the evidence. Stepherson v. State, 523 S.W.3d 759 (Tex. App. —Houston [14th Dist.] 2017).
7. Double Jeopardy
As a general rule, the State “is entitled to one, and only one, opportunity to require an accused to stand trial.” This “constitutional policy of finality for the defendant’s benefit” protects the accused both from attempts to relitigate the facts underlying a prior acquittal and attempts to secure additional punishment after a prior conviction and sentence. State v. Maldonado, 523 S.W.3d 769 (Tex. App.—Corpus Christi 2017).
8. Miranda Warnings
When considering whether a person is in custody for Miranda purposes, we apply a “reasonable person” standard, i.e., “a person is in ‘custody’ only if, under the circumstances, a reasonable person would believe that his freedom of movement was restrained to the degree associated with a formal arrest.” The inquiry requires an examination of all of the objective circumstances surrounding the questioning at issue. The subjective belief of law enforcement officials about whether a person is a suspect does not factor into the custody determination unless an official’s subjective belief was somehow conveyed to the person who was questioned. Kuether v. State, 523 S.W.3d 798 (Tex. App. —Houston [14th Dist.] 2017).
CIVIL ITEMS OF INTEREST 1. Interpleader
Under Texas Rule of Civil Procedure 43, a party who receives multiple claims to funds in its possession may join all claimants in one lawsuit and tender the disputed funds into the registry of the court. A party faced with competing claims obtains a discharge of liability to the competing claimants by interpleading the funds. Finserv Cas. v. Transamerica Life Ins., 523 S.W.3d 129, 141 (Tex. App.—Houston [14th Dist.] 2016).
2. Disregard a Jury Finding
A trial court may disregard a jury finding if it is unsupported by the evidence or it is immaterial. Green Intern. Inc. v. Solis, 951 S.W.2d 384, 389-90 (Tex 1997). A question is immaterial when it should not have been submitted, it calls for a finding beyond the province of the jury, such as a question of law, or when it was properly submitted but has been rendered immaterial by other findings. . Finserv Cas. v. Transamerica Life Ins., 523 S.W.3d 129, 143 (Tex. App.—Houston [14th Dist.] 2016).
3. Attorney’s Statements
Normally, an attorney’s statements must be under oath to be considered evidence, but the oath requirement can be waived when the opponent does not object and the opponent knows or should know that an objection is necessary. Hendricks v. Barker, 523 S.W.3d 152, 160 (Tex. App.— Houston [14th Dist.] 2016).
remedy by appeal exists. Contempt orders are reviewed by petition for writ of mandamus or petition for writ of habeas corpus. In re Martin, 523 S.W.3d 165, 169 (Tex. App.—Dallas 2017).
5. Discovery Sanctions
Sanctions are used to assure compliance with discovery and to deter those who might be tempted to abuse discovery in the absence of a deterrent. Discovery sanctions serve three legitimate purposes: (1) to secure compliance with discovery rules; (2) to deter other litigants from similar misconduct; and (3) to punish violators. Sanctions are left to the discretion of the trial court[,] but the imposition of sanctions must be just. Wilson v. Shamoun & Norman, LLP, 523 S.W.3d 222, 231 (Tex. App.—Dallas 2017).
6. Intervention
A person has the right to intervene “if he could have brought the same action, or any part thereof, in his own name, or, if the action had been brought against him, he would be able to defeat recovery, or some part thereof.” Smith v. City of Garland, 523 S.W.3d 234, 241 (Tex. App.— Dallas 2017).
7. Texas Citizens’ Participation Act
The TCPA, Chapter 27 of the civil practice and remedies code, protects citizens from retaliatory lawsuits that seek to silence or intimidate them on matters of public concern. The TCPA’s purpose is to identify and summarily dispose of lawsuits designed only to chill First Amendments rights, not to dismiss meritorious lawsuits. Kirkstall Road Enters., Inc. v. Jones, 523 S.W.3d 251, 252 (Tex. App.—Dallas 2017).
LEGAL QUOTE OF THE MONTH
No man is above the law and no man is below it; nor do we ask any man’s permission when we require him to obey it. Obedience to the law is demanded as a right; not asked as a favor. —Theodore Roosevelt
OLD NEWS
May He Rest in Peace: Edward H. Tarrant, Tarrant County’s namesake, was laid to rest—for the third time—on March 3, 1928, in Fort Worth’s Pioneer’s Rest Cemetery on Samuels Avenue. Tarrant died Aug. 2, 1858, at the home of William Fondren near Weatherford, after taking ill during a journey in Parker County. He was first buried at Fondren’s place. On Jan. 28, 1859, the general was reburied at his own farm on Chambers Creek in Ellis County. Sixty-nine years later, at the behest of Fort Worth residents, Tarrant’s body was interred for the last time, with full military honors, at Pioneer’s Rest in Cowtown. g
4. Contempt Orders
Contempt orders are not appealable and, as such, no adequate
JANUARY 2018
▪ TCBA BULLETIN 19
Texas Lawyers for Texas Veterans
T
Tarrant County Chapter
LTV had an impressive 2017 and the numbers tell the story. • 11 clinics held; • 111 attorneys volunteered; • 280 veterans received free legal counsel. TLTV’s ability to positively impact the lives of veterans in Tarrant County is wholly due to the volunteer attorneys. Each of them stepped forward to play a role in improving a veteran’s life. Some provided consultations at clinics. Some took a pro bono case. Some did both. All of them impacted a veteran life for the better. One of our most dedicated TLTV attorneys commented at the last clinic, “There is no reason with as many attorneys as we have in Tarrant County that we can’t find every veteran who qualifies for a pro bono attorney.” He is right. With approximately 5,000 attorneys in Tarrant County, we should be able to place every TLTV case. However, our program is
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growing, and even with 111 attorneys volunteering, TLTV was forced to turn away qualified veterans who needed legal representation. Sometimes we can’t find a pro bono attorney with the right expertise. Sometimes we can’t find an attorney willing to take on a complex pro bono case, and sometimes we just don’t have enough attorneys at the specific time a veteran’s need arises. In consideration of the above and in light of the New Year, TLTV is making a 2018 New Year’s Resolution: to find a pro bono attorney for every veteran that qualifies. If you are interested in helping a veteran and helping TLTV keep its New Year’s Resolution, please contact Melissa Sircar, Pro Bono Programs Director at melissa@tarrantbar. org. You can provide counsel at a clinic. You can take a case pro bono. You can do both. Let’s make 2018 impressive, too! g
Wellness I
Corner
magine if you made one change in your life and it resulted in the following: a more positive emotional outlook, healthier relationships, increased energy, increased self-esteem, and a lower stress level. All this and more can be yours with an attitude of gratitude. When we take the time to notice and be thankful for the people and things that enrich our life, our mindset shifts from scarcity to abundance which, in turn, changes the way we view the world. I challenge you to give thanks each day for something in your life. It could be a safe drive into work, a family member, a good joke, gorgeous weather, a warm smile, or an enjoyable meal. The positive effects of gratitude are further enhanced when we communicate our thanks to another – it becomes a win-win scenario. So, top your New Year’s Resolution list with Daily Gratitude and 2018 could be your best year yet! Kate Casey, LPC, JD, is a Licensed Professional Counselor in private practice in Southlake, TX.
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JANUARY 2018
▪ TCBA BULLETIN 21
New Lawyers
Swearing-In Ceremony
O
n November 16, 2017, the Tarrant County Bar Association hosted a swearing in ceremony for newly licensed attorneys at the Second Court of Appeals. The new attorneys and their family members were welcomed by Tarrant County Bar Association President Nick Bettinger and Tarrant County Young Lawyer Association Vice President Rob Henry. The Honorable David Evans, Presiding Judge Eighth Administrative Judicial Region, provided remarks and valuable advice to the new attorneys. Each new attorney was sworn in by a Justice from the Second Court of Appeals and had the opportunity to visit with the Justices and local attorneys at a reception hosted by Texas A&M University School of Law.
The Tarrant County Bar Foundation Presents
A Lawyer Theme Skit Show - Tarrant County Style Featuring Tarrant County Attorneys Benefiting the community service and pro bono programs of the Tarrant County Bar Foundation.
Saturday, March 31, 2018 6:30pm - Reception 7:00pm - Show Sponsorships are available. Contact Megan Cooley at megan@tarrantbar.org.
Law Offices of Jason Smith
CLE
Corner
Sherry Jones Associate Executive Director
Trials and Appeals Employment, Personal Injury, Insurance Jason Smith 817.334.0880 600 8th Aveue Fort Worth, TX 76104
Board Certified Civil Appellate Law Amerian Board of Trial Advocates letsgotocourt.com
The Brown Bag Seminar for this month is on Firearms—Gun Laws and Regulations. Are you a parent of a college student? Are guns allowed on their campus? What makes a rifle a rifle? Whether this is a part of your practice, you are a hunter, or one who competes with firearms, these are things you should know. This is a new topic for us and we hope many of you will find it of value. The seminar will be held on Friday, January 26, at 12:30 at the bar office. Please register early. (3 hours of CLE credit.) g
Happy New Year! JANUARY 2018
â–Ş TCBA BULLETIN 23
"Griswold" Holiday Party
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 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.
Save the Date Women in the Law February 27, 2018 March 31, 2018
April 20-22, 2018
May 16, 2018
Cyber coverage now included with our malpractice policy. OVER 38 YEARS SUPPORTING TEXAS LAWYERS
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.
TLIE.org / info@tlie.org / (512) 480-9074 JANUARY 2018
▪ TCBA BULLETIN 25
REWARD
PRESORTED Bar Bulletin ▪ January 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
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.
CONNECTED Honoring your clients, as well as your referral fee.
R
efer your personal injury clients to us and we’ll fight for them with passion, integrity and grit – and pay you a referral fee, to boot. We do our clients justice and we’ll do the same for yours by marshaling our resources and securing results that truly make a difference.
Call us today
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.
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