Tarrant County Bar Association Bar Bulletin (January/February 2024)

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OFFICIAL PUBLICATION OF THE TARRANT COUNTY BAR ASSOCIATION JANUARY/FEBRUARY 2024 | VOLUME 24 | NO. 1
MICHAEL P. HEISKELL WILLIAM W. COLLINS, JR. CHARLES FLORSHEIM ELLIOTT S. GARSEK DONALD E. HERMANN JUDGE MARYELLEN HICKS LESLIE C. JOHNS E. GLEN JOHNSON RAYMOND B. KELLY, III JOANN H. MEANS JUDGE TERRY R. MEANS J. STEVEN KING ORSEN E. PAXTON, III MACK ED SWINDLE JAMES E. WEBB J. FRANK KINSEL, JR. JAMES M. LOVELESS L to R: Seth McCloskey and Steven C. Laird
2 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024
Both attorneys are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization and Truck Accident Law by the National Board of Trial Advocacy.

Board

Certified Truck Accident Lawyers

Steve Laird and Seth McCloskey are 2 of only 4 lawyers in the DFW area to achieve Board Certification in Truck Accident Law by the National Board of Trial Advocacy (NBTA).*

Steve Laird is the only Tarrant County Personal Injury Lawyer to be recognized as ONE of the Top 100 Super Lawyers** (out of 100,000 Lawyers in the state of Texas) for 16 out of the last 18 years (2005-2013, 2015-2023). He also maintains the highest AV Rating for lawyers by Martindale-Hubbell and has an AVVO Rating of 10.0; Superb.

*Board Certification in Truck Accident Law also requires Board Certification in Personal Injury Trial Law. The lawyers at Laird & McCloskey are Board Certified in both areas of law.

**Thomson Reuters Super Lawyers

Experienced Lawyers for Serious Cases® Law Offices of Laird & McCloskey 817.531.3000 | 1119 Pennsylvania Avenue, Fort Worth, Texas 76104 | www.texlawyers.com
Serious Personal Injury | Wrongful Death 18-Wheeler Trucking Collisions JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 3

Feature Contents

Tarrant County Bar Association

1315 Calhoun Street

Fort Worth, TX 76102

817.338.4092 ▪ www.tarrantbar.org

2023-2024 Officers

President Lu Pham

President-Elect........................................Scott Lindsey

Vice President Marvina Robinson

Secretary-Treasurer John Brookman

Directors (Term Ends 2024)

Director......................................................Bryan Bruner

Director Lyndsay Newell

Director..................................................Angel Williams

Directors (Term Ends 2025)

Director Robert Blankenship

Director......................................................Joe Cleveland

Director Bill Ray

2023-2024 Appointed Directors

Appointed Director.........................Antoinette Bone

Appointed Director J. B. Strong

Fall 2023 President........................Elizabeth Haslam

Fall 2023 President-Elect....................Ola Campbell

State Bar of Texas Ex Officio Members

Director (Term Ends 2024).........Kimberly Naylor

Director (Term Ends 2025) Jeff Cochran

Bar Bulletin

Graphics/Production Elizabeth Banda

The

Departments 5 President’s Page 6 YLA Snapshot 7 100 Club 12 Snippets 14 Judicial Profile - Judge Trent Loftin 16 Tarrant County Bar Foundation Room Rentals 19 Lawyers on the Move & in the News 19 A Word From Our Sections 20 Lawyer Referral & Information Service 23 Tarrant County Volunteer Attorney Services 32 LegalLine 33 CLE Corner 37 Texas Lawyers for Texas Veterans 40 In Memoriam Tarrant County Young Lawyers Association OFFICIAL PUBLICATION OF THE TARRANT COUNTY BAR ASSOCIATION
Bulletin
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Tarrant County Bar Bulletin is a bi-monthly publication of the Tarrant County Bar Association. Articles, photos, suggestions or
should be directed to elizabeth@tarrantbar.org.
in the Bar
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feature articles
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endorsement
service, product,
17th Annual People’s Law School 22 Accepting Nominations for the 2024 Law Day Professionalism Award 30 Tarrant County Bar Association’s 50 Year Attorneys 10 25 4 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024
Articles published
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PRESIDENT'S PAGE

LU PHAM

2023-2024 TCBA President

Happy New Year! I hope you had a festive holiday season with plenty of rest and family gatherings. Like millions of other Asian-American families throughout the United States, my family and I also celebrated lunar new year on February 10, 2024 – ushering in the Year of the Dragon, promising innovation, growth, partnerships and career advancements. In Asian culture, red symbolizes luck and joy, so festivities were filled with red-themed decorations and food to welcome a year of good fortune. If you were lucky, you might have witnessed a dragon dance during the festivities. The dragon is a symbol believed to bring good luck and prosperity, so elaborate dragon dances were performed to usher in good luck and blessings for the community. Because this is the Year of the Dragon, lunar new year celebrations promised to be bigger than ever, and the dragon dance performances sure seemed to be much more elaborate.

Chuc Mung Nam Moi (Happy new year)!

TCBA is actively planning programs and events for 2024. Since our last newsletter, TCBA concluded 2023 with a successful Holiday Party on December 7, featuring our second annual Tree Decorating Contest benefiting Justin’s Place, a non-profit organization dedicated to helping single moms. TCBA donated 16 trees adorned with lights, décor, and holiday cheer, along with countless gifts to the families at Justin’s Place. Special thanks to Chair Will Higgins and the Holiday Party Committee for planning a great event, and to our sponsors for their generous support.

TCBA’s first event of the year was the Pro Bono Awards Luncheon and TCBF Board Induction. I’m looking forward to working alongside Foundation Chair Andy Sims this year. The gathering at the City Club celebrated the TLTV, TVAS, and LegalLine volunteers who contributed their time and expertise to the pro bono programs in 2023. If you’re looking for a way to help in 2024, reach out to Pro Bono Director, Sarah Hoffman (sarah@tarrantbar.org). There are always ways we can give back and volunteer for those in need.

Kicking off TCBA’s social calendar, the Tarrant County Young Lawyers Association hosted their chili cookoff at Fort Brewery to benefit the TCYLA Mental Health Initiative Project. Despite a cold January morning, our members and their families enthusiastically cheered on the nine teams vying for “Best Chili.” Judging the chili cookoff were State Bar President Cindy

Tisdale, Judge John Eck, Judge David Hagerman, Judge Lori DeAngelis and Judge Jeffrey Kaitcer. Congratulations to the lawyers at Seltzer Family Law group on taking first place! And special thanks to TCYLA President Elizabeth Haslam, Presidentelect Ola Campbell and Scott Prescher, along with their planning committee, for helping us kick start the new year with a fabulous family-friendly social event.

I am happy to report that TCBA continues to be strong and in good financial position. As always, we are eager to increase our memberships, so please encourage your colleagues to join and to take advantage of TCBA’s membership benefits.

Registration and sponsorship opportunities have begun for TCBA’s Bench Bar Conference 2024. Mark your calendars for Friday, April 12 - Sunday, April 14. Bench Bar offers a great opportunity to network and enjoy the Westin Stonebriar Golf Resort and Spa in Frisco at our Annual Bench Bar Conference. We'll have a casino night, karaoke contest, golf tournament, and three tracks of CLE (family, criminal, and civil).

Don’t forget to attend TCBA’s social events in the upcoming months as we create opportunities to network and enhance professional development. I look forward to meeting you at the next TCBA event! g

Women in the Law Luncheon

The Fort Worth Club

Tuesday, March 5, 2024

Mentor Monday Seminar

Tarrant County Bar Association

Monday, March 11, 2024

Bench Bar Conference XXIX: Saved by the Bar

The Westin Dallas Stonebriar Golf Resort & Spa

Friday, April 12, 2024-Sunday, April 14, 2024

Law Day Awards Luncheon

The Ashton Depot

Wednesday, May 1, 2024

JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 5

YLA SNAPSHOT

ELIZABETH HASLAM

2023-2024 TCYLA President

CHILI WARS II

TCYLA’s second annual chili competition went off without a hitch on January 20 at The Fort Brewery! Despite the freezing temperatures, our competitors served up some hot, delicious chili to our judges and participants. Major thank you to our judges Cindy Tisdale, Judge David Hagerman, Judge John Eck, Judge Jeffrey Kaitcer, and Judge Lori DeAngelis. With this event, we were able to raise funds for our Mental Health Initiative, which we plan to launch in April with the help of Texas Lawyers’ Assistance Program (TLAP).

Special thanks to Judge Don Pierson, Judge Don Cosby, Lu Pham, Steve Benesh, Santos Vargas, and everyone who came out to support us and our initiative this year.

Congratulations to Seltzer Family Law, PLLC for winning First Place and Robinson & Smart, P.C. for winning Crowd Favorite.

FEBRUARY HAPPY HOUR

Our February Happy Hour will be February 20 at 5:30 p.m. at 3rd Street Market in downtown Fort Worth. This Happy Hour is generously sponsored by the Law Office of Francisco Hernandez San Roman.

Our sincerest thanks to our Chili Wars Participants and Sponsors: All City Real Estate, AuClair Law Firm, Cindy Fitch, Goranson Bain Ausley, The Haslam Firm, Johnson McNulty, Robinson & Smart, Seltzer Family Law, and SmokinJCSquared! We could not have done this without you. g

6 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024

Members of the 2023-2024

100 Club

*List Reflected Below is as of January 15, 2024

Adams, Lynch & Loftin, P.C

Anderson & Cummings, 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.

Cook Children’s Health Care System

– Legal Department

Decker Jones, P.C.

Dismuke & Waters, P.C.

Forshey & Prostok, LLP

Freeman Mills P.C.

Friedman, Suder & Cooke

Griffith, Jay, & Michel, LLP

Harris, Finley & Bogle, P.C.

Harrison Steck, P.C.

Haynes and Boone, LLP

Holland Johns & Penny LLP

Jackson Walker

K & L Gates LLP

Kelly Hart & Hallman LLP

KoonsFuller, P.C.

Linebarger Goggan Blair & Sampson, LLP

McDonald Sanders, P.C

Naman Howell Smith & Lee, PLLC

Noteboom Law Firm

Pham Harrison, LLP

Ray | Peña | McChristian, P.C.

Ross & Matthews P.C.

Second Court Of Appeals

Taylor, Olson, Adkins, Sralla & Elam, LLP

The Blum Firm, P.C.

The Colaneri Firm, P.C.

Udeshi Law Firm, PLLC

Underwood Law Firm, 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 with four or more members must attain 100% TCBA membership compliance for the 2023-2024 bar year. This qualifies them 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 takes pride in 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, please contact our Membership Director, Lauren St. Clair, at 817.338.4092 or email her at laurensc@tarrantbar.org.

JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 7

Tarrant County Bar Association

1315 Calhoun Street, Fort Worth, TX 76102

The Tarrant County Bar Association, established in 1904, is a professional organization comprised of over 2,400 lawyers, judges, law students, and other legal professionals in and around Tarrant County. It offers the best way to connect with the legal community.

For questions about TCBA membership or programs, please contact Lauren St. Clair at laurensc@tarrantbar.org.

8 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024

17th Annual

Presented by Tarrant County Bar Foundation in cooperation with Tarrant County Bar Association and Texas A&M University School of Law

Saturday, March 16, 2024 | 12:45 - 4:00 p.m.

Texas A&M University School of Law

1515 Commerce Street Fort Worth, TX 76102 (located downtown across from the Fort Worth Water Gardens)

The People’s Law School is an opportunity to learn the basics of common legal issues. Check-in begins at 12 p.m.

PEOPLE’S LAW SCHOOL

Tarrant County Bar Association and Tarrant County Bar Foundation are pleased to announce the upcoming 17th Annual People’s Law School, scheduled for March 16, 2024. This event offers the public a free opportunity to learn about various areas of the law through short seminars.

Participants can attend three sessions where they will be taught by local attorneys, judges, and other professionals. If you have questions about volunteering or would like to hear more about sponsorship opportunities for People’s Law School, please contact sarah@tarrantbar.org. g

Interested in being a People’s Law School Sponsor? Email sarah@tarrantbar.org. VOLUNTEER FOR PEOPLE’S LAW SCHOOL Volunteers are needed from approximately 11:15 a.m. to 5:00 p.m. Register at www.tarrantbar.org/PLS-volunteer-2024. Free Legal Education: People’s Law School 2024 JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 9

Roundtable Discussions

TCBA members can come early to the luncheon and participate in roundtable discussions that impact your career. Roundtable discussions will have 2 rotations at 25 minutes each.

Appellate Law/ Filings

Clarissa Hodges, Second Court of Appeals

Lisa West, Second Court of Appeals

Negotiating Skills for Female Attorneys

Karen Washington, Dispute Resolution Professional

Corporate Counsel

Adriana Sarith Berry, PepsiCo

Chelsea Casiano, Forney Corporation

Health & Wellness

N. Sue Allen, Allen Law Firm

Kate Casey, JD, LPC, Autumn Ridge Counseling and Wellness

Diversity, Equity, and Inclusion (DEI)

Punam Kaji, Fidelity Investments

AI: The Good, the Bad, and the Ugly

Kassi Burns, King & Spalding LLP

JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 11

Snippets

Civil and Criminal

ASK JUDGE BOB

Judge Bob, what is a family settlement agreement?

A family settlement agreement is an alternative method of estate administration in Texas that is a favorite of the law. Generally, settlement agreements are enforceable in the same manner as any other written contract. However, when the agreement purports to release claims against one who owes the other party a fiduciary duty, the policies of freedom of contract and encouragement of final settlement agreements must be balanced against the duties of care and loyalty owed by the released fiduciary.

Austin Trust Company v. Houren, 664 S.W.3d 35, 44 (Tex. 2023).

THE PACK’S MONTHLY

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

We don’t stop playing because we grow old. We grow old because we stop playing.

THE PACK’S QUOTE OF THE MONTH

He is loyalty itself. He has taught me the meaning of devotion... His head on my knee can heal my human hurts.

—Gene Hill, Tears and Laughter

WHAT’S NEW IN ANIMAL LAW?

HB 4164 amends Section 121.006 of the Human Resources Code by clarifying the language describing a service animal and strengthening the penalties for misrepresenting an animal as a service animal when they are not specially trained to help a person with a disability. The fine for asserting an untrained pet is a service animal increases from $300 to $1,000, and the offender may be required to perform 30 hours of community service for an organization serving persons with disabilities.

CRIMINAL ITEMS OF INTEREST

1.Probable Cause

Probable cause exists when, under the totality of the circumstances, there is a fair probability that contraband or evidence of a crime will be found in a particular location. This is a flexible, non-demanding standard.

State v. Baldwin, 664 S.W.3d 122 (Tex.Crim.App. 2022).

2. Lesser-included Offense

An offense is a lesser-included offense of another “if the indictment for the greater-inclusive offense either: 1) alleges all of the elements of the lesser-included offense, or 2) alleges elements plus facts (including descriptive averments) from which all of the elements of the lesser-included offense may be deduced.”

Lang v. State, 664 S.W.3d 155 (Tex.Crim.App. 2022).

3. Extraneous

Offenses

Extraneous-offense evidence is generally admissible if the evidence is relevant to a fact of consequence apart from its tendency to prove character conformity.

Perkins v. State, 664 S.W.3d 209 (Tex.Crim.App. 2022).

4. Public Trials

The Sixth Amendment to the United States Constitution provides that “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” “A public trial is a trial which is open to the general public at all times.” It is “one that is not secret; it is one that the public is free to attend.”

Williams v. State, 664 S.W.3d 266 (Tex.Crim.App. 2022).

5. Defensive Issues

“A defendant is entitled to an instruction on every defensive issue raised by the evidence, regardless of whether the evidence is strong, feeble, unimpeached, or contradicted, and even when the trial court thinks that the testimony is not worthy of belief.”

Rogers v. State, 664 S.W.3d 843 (Tex.Crim.App. 2022).

6. Reasonable Suspicion

Reasonable suspicion exists if the officer has specific articulable facts that, combined with rational inferences from those facts, would lead the officer to reasonably conclude the person is, has been, or soon will be engaged in criminal activity.

State v. Hardin, 664 S.W.3d 867 (Tex.Crim.App. 2022).

Co-Editor
Noah Abigail & Bathsheba Elijah
12 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024

7. Fourth Amendment

The Fourth Amendment guarantees citizens the right to be free from “unreasonable searches and seizures.” The law has recognized three types of police-citizen interactions related to searches and seizures: (1) consensual encounters that do not implicate the Fourth Amendment; (2) investigative detentions that must be supported by a reasonable suspicion of criminal activity; and (3) arrests that are reasonable only if supported by probable cause.

Monjaras v. State, 664 S.W.3d 921 (Tex.Crim.App. 2022).

CIVIL ITEMS OF INTEREST

1. Periodic Payments

Much like a damages cap, a request for periodic payments is not an affirmative defense or an avoidance, so it need not be raised in a defendant’s answer to apply. In addition, although the statute does not specify when a defendant must request periodic payments, it does provide that a request for periodic payments does not become applicable until a verdict is rendered exceeding $100,000. TEX.CIV.PRAC.&REM. CODE§74.502 Virlar v. Puente, 664 S.W.3d 53, 62 (Tex. 2023).

2. Expert Testimony

Expert testimony is required when an issue involves matters beyond jurors’ common understanding.

Helena Chemical Co. v. Cox, 664 S.W. 3d 66, 75 (Tex. 2023).

3. Toxic-Tort Case

In a toxic-tort case alleging human exposure to harmful substances, the “minimal facts necessary to demonstrate specific causation” include “scientific knowledge of the harmful level of exposure to a chemical, plus knowledge that the plaintiff was exposed to such quantities.”

Helena Chemical Co. v. Cox, 664 S.W. 3d 66, 76 (Tex. 2023).

4. Premises Liability

Whether a condition is unreasonably dangerous is ordinarily a fact question. However, this Court has held that certain innocuous or commonplace hazards are not unreasonably dangerous as a matter of law, particularly when they have not caused other injuries or been the subject of complaints… Rather, to raise a fact issue as to whether a common condition may support a premises-defect claim, we have required a claimant to adduce evidence either of prior complaints or injuries or that some surrounding circumstance transformed an everyday hazard into one measurably more likely to cause injury.

Christ v. Texas Dep’t of Transportation , 664 S.W.3d 82, 87 (Tex.2023).

5. Premises-Defect Claim

A premises-defect claim examines the condition of the premises at the time of the alleged injury.

Fraley v. Texas A&M University System, 645 S.W.3d 91, 99 (Tex.2023).

6. Breach of Contract: Real Estate

“When the breached contract is for real estate, the measure of [the seller’s] damages is the difference between the contract price and the property’s market value at the time of the breach.” This formula applies only when the value of the property has remained the same or decreased after the purchaser’s breach, leaving the seller unable to receive the expected value of the contract. When the property’s market value at the time of breach exceeds the contract price, the correct measure of benefit of the bargain damages is the difference between the promised contract price and what the seller received.

MSW Corpus Christi v. Gulley-Hurst, 664 S.W.3d 102, 106 (Tex. 2023).

7. Texas Citizens Participation Act

Under the TCPA, a defendant may move to dismiss a legal action that is based on or is in response to a party’s exercise of the right of free speech, right to petition, or right of association. If the defendant meets this burden, then the burden shifts to the plaintiff-nonmovant to establish by clear and specific evidence a prima facie case for each essential element of the claim in question.

Winstead PC v. USA Lending Group, Inc., 664 S.W.3d 384, 389 (Tex.App.—Tyler 2021).

QUOTE OF THE MONTH

A long line of cases shows that it is not merely important, but it is of fundamental importance, that justice should not only be done, but should manifestly and undoubtedly be seen to be done.

OLD NEWS

Camp Bowie

Following the entry of the US into WWI, over 4000 acres of land west of University Drive and south of Vickery Blvd were set aside for Camp Bowie, which included a base, artillery range, riffle range, and trench-training ground. A two-lane paved road from downtown to the base headquarters was constructed and named Camp Bowie for Alamo hero Colonel James Bowie (who happens to be the great-great-great uncle of the editor.) g

Follow us on @tarrantcountybar Follow us on facebook @Tarrant County Bar Association JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 13

Judge Trent Loftin, County Criminal Court No. 10

o one can doubt that Judge Trent Loftin, County Criminal Court No. 10, understands something about the legal profession. He has spent his entire life around lawyers. His father is longtime Tarrant County attorney Jerry Loftin, who still practices law in downtown Fort Worth. His two brothers and sister are attorneys. His brother Trey Loftin and Justin Sizemore are attorneys in Fort Worth. His sister, Kristen Loftin, is an attorney in Denver, Colorado.

Jerry Loftin encouraged all of his sons and daughter to become attorneys. “My father was a cheerleader at Poly High School and at Texas Christian University. Because he realized that he had no athletic ability, he became a cheerleader. And you know, we all went to law school,” Judge Loftin said.

Judge Trent Loftin’s pursuits, along with his siblings; continue to take the family name beyond his father’s dreams.

Born in Fort Worth, Loftin grew up in Arlington where he attended Dunn Elementary School and graduated from Arlington High School in 1989. He graduated from Texas Christian University in 1993 with a degree in political science and a minor in Spanish.

“TCU was a great time. Not as big and as pretty buildings but just amazing people amazing professors in the heart of Fort Worth.”

In 1996 he graduated from St. Mary’s Law School. He enjoyed law school and San Antonio because it reminded him of Fort Worth. During the summers he traveled to Innsbruck, Austria and studied in classes taught by United States Supreme Court Justices. “It was just that it was good experience.”

District Attorney’s Office

Loftin knew that his destiny would be to practice law in Fort Worth and to begin his practice in the Tarrant County District Attorney’s office. At age four, he met Tarrant County District Attorney Tim Curry when Curry was hunting on his grandfather’s ranch in Laredo. “I interned with him in high school and college.”

Loftin spent five years in the Tarrant County D.A.’s office working his way up through the misdemeanor and felony courts. He even handled capital murder cases.

But he also knew that he would work with his father and would leave the D.A.’s office.

Loftin & Loftin

For twenty-two years, from 2000 to 2022, Loftin and his father partnered together in Loftin & Loftin, handling anything that came in the door. He developed a successful law practice handling criminal defense, juvenile crimes, probation violations, and complex divorce cases.

“I grew up thinking that attorneys did all kinds of law. Whatever comes in the door, we’re going to help.”

Election to County Criminal Court No. 10

But things changed for Loftin in November 2021 when District Attorney Sharen Wilson announced that she would not run for reelection. The announcement caused Phil Sorrells, the Judge of County Criminal Court No. 10, to run for the D.A. position. To do so, Judge Sorrells had to resign his position as the Judge of the County Criminal Court No. 10, thereby creating an opening on the court. Loftin secured the appointment made by the Tarrant County Commissioners Court after the March primary.

In March 2022 Loftin faced Don Haas in the Republican primary. Loftin won the primary race, and Governor Abbott appointed him to the court.

In November 2022, Loftin faced no Democratic opponent in the fall election.

In January 2023, he was sworn into office for a term that lasts through 2026.

Life in the County Criminal Court No. 10

The criminal docket in the county court is challenging for all of the county criminal judges. A typical Monday for the Judge begins by reining in a morning docket that will have between 70 to 100 people in the court waiting for their cases to be heard.

“The ten county criminal courts in Tarrant County hear all misdemeanor cases. The punishment can range from 1 year in jail to a $4,000 fine. The majority of the cases are driving while intoxicated, shoplifting and minor drug offenses. Each court is assigned about 250 to 300 cases a month.”

The Judge expects a speedy process for misdemeanor cases. “Our job is to try to expedite the process and have had a trial when they needed or have a plea bargain if we needed to.”

Throughout the day, before the hearings or trials, the assistant district attorneys and defense attorneys attempt to work on their cases and how to present them in court. The Judge expects the attorneys to get along and work on how

JUDICIAL PROFILE 14 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024

to best present a case so that the court and jury’s time is not wasted.

“The District Attorney and the defense attorney need to meet and talk and kind of give a guide where the case is going. Our goal is from the date of arrest until the date of disposition, whether that’s a trial or a plea bargain, is between four and six months. We don’t want to be sitting around for one or two years. We try to get it done in six months.”

Jury Trials

Jury trials usually begin on Tuesdays and Thursdays. “We are set for at least two days a week for trial. There is usually a half-day of jury selection, and the trial itself typically takes about a day.”

The court averages one or two jury trials a month. Many defendants plead guilty prior to the trial, even while a jury is waiting in the hall.

The Judge requests that the attorneys work out issues of admissibility of evidence and how to handle a jury trial so that the jury does not have to spend time waiting for the case to proceed.

“Many cases might involve hours of documentary video. Some of it may not be admissible.”

Advice to Attorneys

For young attorneys, the Judge recommends: “be on time and be prepared. You’re going to be fine.”

The Judge requests that “everyone be courteous to everyone.” This applies to attorneys and staff. “I tell people to be courteous to everyone. Whether you’re a bailiff and officer, a defendant and defense attorney, a witness, a victim or prosecutor. We are all going to be courteous to each other. We might disagree, but we are going to treat everybody with dignity and respect.

The same is true for the Judge. “You are not going to hear me yelling or screaming.”

Mentoring

“I think everybody needs a mentor. I think judges need mentors when they’re judging. I think when you start thinking that you no longer need a mentor, it is time to retire. My mentor and supervisor in the District Attorney’s office was

Robert Mayfield, the former Judge of Johnson County. It has now come full circle as Judge Mayfield’s son Michael is a prosecutor in my court.”

Family Life

Unknown to many, Loftin’s legal practice and family life were not easy for many years.

“I met the love of my life at Joe T. Garcia’s. She was a dentist in Milwaukee. She had a 100-year-old dental practice up there with her dad. Her grandfather started the practice in 1920. We commuted for fourteen years.” For fourteen years they had a long-distance relationship between Fort Worth, Texas, and Milwaukee, Wisconsin.

He and his wife married in 2009 at Playa Del Carmen, Mexico. They have two boys and a girl: James, Pippa, and Raleigh, who were born between 2013 and 2018.

“I used to get on a plane on Friday right after court and take the 4 a.m. flight out on Monday to be back in court.” The judges understood if he was late to court. In 2021, after fourteen years, Laura moved to Fort Worth and set up her dental practice on Bryant Irvin Road.

In his spare time, the Judge loves hanging out with his children. “I’m a part-time Little League coach. I like that. I grew up actually between college and law school. I was a ski instructor in Lake Tahoe. I enjoy taking my kids, and also taking my girl to ballet.” The family usually takes a vacation to Colorado to see his sister.

Contact me. Together we will chart the course for your success. 817.881.1914 • Kate@AutumnRidgeLPC.com AutumnRidgeLPC.com | 270 Miron Dr. #112, Southlake, TX 76092 The Attorney’s Therapist As a former practicing attorney, Kate understands the overwhelming feelings of stress, burnout, and isolation that often accompany the art of balancing life with the practice of law. Kate will help you evaluate your choices, identify areas for change, and implement a plan which will allow you to become the best version of yourself.
JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 15
Kate Casey, LPC, JD
16 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024
Submit a Substantive Law Article OFFICIAL PUBLICATION OF THE TARRANT COUNTY BAR ASSOCIATION Bulletin for 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. The Bar Bulletin is a bi-monthly publication of the Tarrant County Bar Association. Please submit queries or articles to elizabeth@tarrantbar.org Your work will be fully attributed to you, the author. JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 17

http://www.tcyla.org

@TarrantYoungLawyers

Report of the 2023-2024 Election Committee

Pursuant to Article 9 of the Bylaws of the Tarrant County Bar Association and upon approval of a majority of the Board of Directors, the 2023-2024 Election Committee presents the following nominations to be placed on the 2024–2025 Election Ballot.

PRESIDENT-ELECT

Marvina Robinson

VICE PRESIDENT

John Brookman

SECRETARY-TREASURER

Caroline Harrison

Lyndsay Newell

DIRECTOR, PLACE 1

Antoinette Bone

Monte Mitchell

Ryan Scharar

DIRECTOR, PLACE 2

Tiffany Burks

Dwayne Smith

Jordan Stimpson

DIRECTOR, PLACE 3

Cheryl Leb

Malathi Ravi

Mollee Westfall

The online election will begin on or about Monday, March 4, 2024 and will end on Thursday, March 28, 2024.

I’d also like to express my deepest appreciation to the following individuals for serving on the Election Committee:

Navid Alband

Marq Clayton

Joe Cleveland

Brad Dowell

If

call 817.338.4092 or email graciela@tarrantbar.org.

Joel Heydenburk

Scott Lindsey

Jennifer Litke

Lu Pham

Respectfully submitted, Dwayne Smith, Chair

Jody Sanders

Shelby White

We're Social | Follow Us
Tarrant County Young Lawyers Association @TCYLA
you need an application or meeting information,
18 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024

LAWYERS ON THE MOVE &

in the News

Lynn Waller Kelly , former Associate Judge of Tarrant County Probate Court 2, has joined The Blum Firm as Partner in their Fort Worth office.

Lynn’s practice focuses on both contested and uncontested probate matters, including estates and guardianships, throughout North Texas. As Associate Judge for Tarrant County Probate Court 2 for six years, she presided over more than 6,000 probate hearings. An experienced litigator, Lynn has tried over 100 cases to North Texas juries.

. . . AND NOW A WORD FROM OUR SECTIONS

Lynn is a member of the College of the State Bar of Texas. She earned her Juris Doctor at Pepperdine University School of Law. She has practiced in Dallas-Fort Worth since 1989. She has been a featured speaker for Texas Guardianship Association, Baylor Law School, Texas A&M Law School, Tarrant County Bar Association, North Texas Probate Bar Association, and support groups for parents of children with special needs. She can be reached at 777 Main Street, Suite 550, Fort Worth, TX 76102, 817.334.0066.

If you are a TCBA member and would like to place an announcement in the Bar Bulletin, we’d like to hear from you! Please submit information by email to Elizabeth Banda, Communications Director, at elizabeth@tarrantbar.org.

Share Your Ideas for Future CLE Topics and Speakers

Thank you to everyone for your hard work and participation in the sections this past year! I especially want to thank those sections that participated in our tree decorating contest for the TCBA Holiday Party. Everyone did such a great job and enjoyed coming together to represent their sections. Justin’s Place loved receiving the trees and toys. The families truly valued your efforts and support. Perhaps

this Christmas, we can have even more sections participating. With the new year comes more exciting CLE courses. Be sure to check out your sections e-Community page to keep up to date with the latest CLE announcements. Additionally, if you have any topics that you would like to see presented or have a speaker in mind, feel free to reach out. g

JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 19

Tarrant County Bar Association

LAWYER REFERRAL & INFORMATION SERVICE

The Lawyer Referral & Information Service (LRIS) is a service of the Tarrant County Bar Association that benefits both TCBA member attorneys and the public.

TCBA’s Lawyer Referral & Information Service is completely customizable for participating attorneys with:

29

practice areas

330

LRIS averages more than

Panels by Numbers

*

more than

specialized practice areas from which to choose

600

& calls each month

Time Frame: January 2022-December 2022

Approved by the American Bar Association, LRIS allows member attorneys to receive client referrals and build their business, while helping callers quickly find an attorney in the area of law they need.

The program is intended to help individuals who are able to pay normal attorney fees but have difficulty finding legal representation due to lack of experience with the legal system, lack of information about needed services, or fear of costs. Membership costs range $150 - $200 annually.

For more information about LRIS membership, please visit www.tarrantbar.org/JoinLRIS or contact lris@tarrantbar.org.

*Time Frame: January 2022-March 2023

Family Law 1665 Referrals Civil 1648 Referrals

Consumer 1119 Referrals Landlord/ Tenant 1057 Referrals

Probate 716 Referrals Criminal 448 Referrals

Referrals

Referrals

TCBA’s Lawyer Referral & Information Service is in need of attorneys specializing in the following areas of practice:

• Identity Theft

• Collection Against Debtors

• Criminal Appeals

• Auto Repair Dispute

Questions about how to help? Please contact lris@tarrantbar.org.

Personal Injury 443
Real Estate 414
Labor/ Employment 407 Referrals Insurance 347 Referrals
20 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024

Downtown Fort Worth Law Office Space Available

Up to 4 Private Attorney Offices +

2 Administrative Offices furnished with desks & filing cabinets

AMENITIES

 All utilities PAID

 High-speed internet PAID

 Nightly janitorial service PAID

 Fully furnished & staffed reception area

 Kitchen/break room/private bathroom

Walking distance to all Courts

One block from Bass Hall, Sundance Square

Easy on/off freeway access

PARKING

Monthly reserved spots available from our building or Sundance Square

Plenty of metered street parking is also available

 High-speed copier/scanner (copier price shared based on usage)

Please email inquiries to: bari@brookmanlawfirm.com

JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 21

Accepting Nominations for the 2024 Law Day Professionalism Award

The Law Day Professionalism Award Selection Committee is accepting nominations for the Law Day Professionalism Award. Anyone in the legal community, attorney or non-attorney, may nominate a TCBA member who best exemplifies, by conduct and character, professional traits that others in the bar should try to emulate.

Nominations Deadline: March 1, 2024 by 5 p.m.

Download nomination form at www.tarrantbar.org/2024-Nomination-Form

A dvertise in TCBA’s Bar Bulletin

The Tarrant County Bar Association’s award winning* Bar Bulletin is a multi-faceted journal that is published six times a year for the TCBA’s members. It includes substantive articles, as well as information about membership events and activities. The Bar Bulletin is distributed digitally and by hard copy to the TCBA’s membership. Each issue reaches an average of 2500 readers through email and social media. It is available online on the TCBA’s website.

BEST OVERALL NEWSLETTER

Advertising rates vary, depending on the size and frequency. Rates are available by contacting Elizabeth Banda, Communications Director at elizabeth@tarrantbar.org.

*TCBA’s Bar Bulletin received the 2018, 2019, 2022, and 2023 Division III “Stars of Texas Bars Award for Best Overall Newsletter” from the State Bar of Texas.

22 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024

Tarrant County Volunteer Attorney Services

TVAS partnered with The Gatehouse to provide a free wills clinic to their residents. Kelly Hart sponsored the clinic and provided all of the attorneys to draft and execute the paperwork. Through this clinic, TVAS has been able to help countless Gatehouse residents receive a free will package. g

THANK YOU TO THE ATTORNEYS WHO VOLUNTEERED FOR THIS CLINIC

Josue Barron

Whitney Beckworth

Robbie Clarke

Austin Franklin

Katherine Hopkins

Jenna Lusk

Kirsten McIntyre

Nancy Ribaudo

Mason Smith

Lizzy Thomas

Tori Rhodes of Robbins Travis PLLC is a litigation attorney with experience in railroad, personal injury, wrongful death, employment law, general litigation, and general contract drafting. She is admitted to practice in all state and federal courts in Texas.

Before practicing law, Tori worked for Texas Department of Aging and Disability Services, Texas Health and Human

Jack Cutshall

Kellie Daniels

Susan Davis

Kathryn Moore

Julie Sherman

Brandi Spillers

Kenya White

Services Commission, the Texas Office of the Attorney General, and interned for federal Magistrate Judges in the Northern and Western Districts of Texas.

Tori graduated from Baylor University School of Law and received the 2021 Leadership Development Program Award, Pro Bono & Public Service Program Award, and Bill Kimbell Service Scholarship Award.

She volunteers with Eldon B. Mahon American Inn of Court. In her free time, she enjoys reading, playing the violin, true crime podcasts, family time, and a variety of volunteer work. g

2024 Pro Bono Award Spotlight TORI RHODES ATTORNEY VOLUNTEER OF THE YEAR
THANK YOU TO THE PARALEGALS WHO VOLUNTEERED FOR THIS CLINIC
Gatehouse Looking for ways you can support TVAS but unable to volunteer? Consider sponsoring a clinic! Contact sarah@tarrantbar.org for more details. JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 23
TVAS and Kelly Hart Collaborate to Offer Free Wills Clinic at The
131 E. Exchange Avenue, Suite 132, Fort Worth, Texas 76164 - (817) 773 - 4235 Best Legal Newspaper In Tarrant County Let Us Expertly Publish All Of Your Legal Notices At The Same Rates As Our Competitor Visit Us On The Web To View All Available Services www.tarrantcountycommercialrecord.com (817) 773 - 4235 24 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024 Premier Sponsor Event Sponsor Consilio Kelly Hart & Hallman LLP Women Attorneys Section Table Sponsor Armanino LLP Cantey Hanger LLP Duane Morris LLP Pham Harrison, LLP Gift Sponsor Nikki Chriesman-Green Veronica Law Kathy Ehmann-Clardy Leathers & Associates THANK YOU TO OUR SPONSORS
JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 27

BENCH BAR XXIX CONFERENCE DETAILS

JOIN FELLOW MEMBERS

Join fellow members of the Bench & Bar at the beautiful Westin Dallas Stonebriar Golf Resort & Spa, April 12-14, 2024 for a memorable opportunity to network and build relationships while enjoying several interesting speakers and presentations. This resort features numerous great amenities, exceptional dining, and a perfect setting for our conference social activities.

RECRUIT YOUR FRIENDS

Each returning Bench Bar attendee is challenged to recruit as many first time attendees for Bench Bar XXIX as possible. The attorney who recruits the most first time attendees who register, pay and attend will win a free registration to Bench Bar Conference 2025.

LAWYER OLYMPICS

All first-time (and returning) Bench Bar Conference attendees are encouraged to participate in the annual Lawyer Olympics activity on Friday. Winning teams will be announced and receive their awards at the Saturday evening Awards Dinner.

JUDGES’ CUP

Envy is a powerful emotion! If your name is not engraved on the “Judges’ Cup,” then start practicing now. The traveling Judges’ Cup Trophy will be presented to the winners of the Saturday Golf Tournament during the Saturday evening Awards Presentation.

BARLOW BIG HEART AWARD

James B. Barlow was a loyal attendee and supporter of the TCBA Bench Bar Conference. Jim made everyone feel welcome and was a positive role model for all who attended the conference. In memory and special recognition of him, attendees can nominate a member who actively promotes positive relationships between the bench and bar during the conference. The attendee who is selected will receive the James Barlow Big Heart Award.

SPONSORED EVENTS

Friday afternoon will feature the fan-favorite Lawyer Olympics event (all first-time Bench bar attendees encouraged to attend!) as well as a Whiskey and Wine Tasting event. On Friday evening, we’ll host the Casino Night and Karaoke Contest. You are welcome to come as you are (conference-casual), but prizes and bragging rights will be awarded to the best/most creative 90’s and/or Save by the Bell attire. Saturday afternoon will kick-off our annual Judges’ Cup Tournament (9-hole) and if golf is not your thing -- we’ll have a 90’s Music BINGO activity in the Hospitality Suite going on at the same time. On Saturday evening, conference award recipients will be announced at the Awards Dinner and attire will be similar to Casino Night.

HOTEL ACTIVITIES

The Westin Stonebriar has numerous amenities –an enhanced pool area with waterslide, cabanas, and splash pads; Well & Being Spa, golf, fitness center, TopGolf Swing Suite – and more. Information and applicable charges are available at https://www. marriott.com/en-us/hotels/dalsb-the-westindallas-stonebriar-golf-resort-and-spa/overview/.

DIRECTIONS

The Westin Dallas Stonebriar Golf Resort & Spa 1549 Legacy Drive, Frisco, TX 75034 972.668.8000

From Fort Worth (approx. 1 hour)

Head east on I-30 E from downtown Fort Worth. Merge onto TX-121 N towards DFW Airport. Continue on TX-121 N and merge onto TX-121 N/ TX-183 E.

Continue on TX-121 N towards Grapevine.

Merge onto Sam Rayburn Tollway/TX-121 N. Continue on Sam Rayburn Tollway/TX-121 N and take the exit toward Legacy Drive.

Merge onto TX-121 N.

Turn left onto Legacy Drive.

Turn right onto Stonebriar Way.

The Westin Dallas Stonebriar Golf Resort & Spa will be on your right.

28 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024

BENCH BAR XXIX CONFERENCE DETAILS

FRIDAY, APRIL 12, 2024

8:00 a.m. - 9:00 a.m.

9:00 a.m. - 9:30 a.m.

Breakfast

Check-In

CIVIL LAW TRACK SPONSORED BY KELLY HART & HALLMAN LLP

9:30 a.m. - 9:45 a.m.

10:30 a.m. - 11:35 a.m.

11:40 a.m. - 12:30 p.m.

12:30 p.m. - 1:15 p.m.

1:15 p.m. - 2:05 p.m.

AI - Effective Tools for your Practice

Andrew Gardner, Baron & Budd, P.C.

Civil Panel - Tarrant County Criminal District Attorney’s Office

Craig Price, Chief, Civil Division; Ann Diamond, ACDA, Civil Division; and David Hudson, Deputy Chief, Civil Division

Moderated by Cynthia Gustafson, ACDA, Protective Order Unit

Avoiding Guardianship & Probate

Karen Schroeder, Karen Schroeder Attorney at Law

Lunch

Trying a Car Wreck Case: Judges’ Perspective

Panelists: Judge Kimberly Fitzpatrick, 342nd District Court

Judge Melody Wilkinson, 17th District Court

FAMILY LAW TRACK SPONSORED BY KOONSFULLER, P.C.

9:30 a.m. - 9:45 a.m.

10:30 a.m. - 11:35 a.m.

11:40 a.m. - 12:30 p.m.

12:30 p.m. - 1:15 p.m.

1:15 p.m. - 2:05 p.m.

9:30 a.m. - 9:45 a.m.

10:30 a.m. - 11:35 a.m.

11:40 a.m. - 12:30 p.m.

12:30 p.m. - 1:15

TBD

Jeff Johnson, Johnson McNulty, PLLC

TBD

AI - Effective Tools for your Practice

Andrew Gardner, Baron & Budd, P.C.

Lunch

Judges’ Panel

TBD

Cody Cofer, Cofer Luster Law Firm, P.C.

AI - Effective Tools for your Practice

Andrew Gardner, Baron & Budd, P.C.

TBD

Christy Jack, Varghese Summersett PLLC Lunch

CRIMINAL TRACK SPONSORSHIP AVAILABLE
p.m.
JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 29

BENCH BAR XXIX CONFERENCE DETAILS

1:15 p.m. - 2:05 p.m.

Criminal Panel – Tarrant County Criminal District Attorney’s Office

Phil Sorrells, Tarrant County Criminal District Attorney; Robb Catalano, First Assistant Criminal District Attorney; Allenna Bangs, Deputy Chief, Criminal Division; Lee Sorrells, Chief, Juvenile Division; and Kim D’Avignon, Chief, Adult Sexual Assault

1:30 p.m. - 3:00 p.m.

3:00 p.m. - 5:00 p.m.

6:00 p.m. - 7:00 p.m.

7:00 p.m. - 9:00 p.m.

9:00 p.m. - 12:00 a.m.

Lawyer Olympics

Whiskey & Wine Tasting

Sponsored by Edwards Law, PLLC

Dinner

Casino Night, Sponsored by Law Offices of Laird & McCloskey Karaoke Contest, Sponsorship Available!

Hospitality Suite Open

SATURDAY, APRIL 13, 2024

8:00 a.m. - 8:30 a.m.

8:30 a.m. - 9:20 a.m.

9:30 a.m. - 10:20 a.m.

10:40 a.m. - 11:30 a.m.

11:40 a.m. - 12:30 p.m.

12:30 p.m. - 1:30 p.m.

2:00 p.m. - 4:00 p.m.

2:00 p.m. - 4:00 p.m.

6:00 p.m. - 8:00 p.m.

8:00 p.m. - 12:00 a.m.

Breakfast

Lessons in Civility - Lessons Learned Over a Lifetime in Law

Steven C. Laird, Law Offices of Laird & McCloskey

Inside Oral Arguments at SCOTUS

Cody Cofer, Cofer Luster Law Firm, P.C. Matt Wright, Wright Law Group, PLLC

Warren Jeffs FLDS

Eric Nichols, Butler Snow LLP

Prosecuting Dr. Death

Michelle Shughart, Assistant District Attorney, Dallas County District Attorney’s Office

Lunch

Judges’ Cup Tournament, Sponsorship Available!

Music BINGO

Dinner and Awards

Hospitality Suite Open, Sponsorship Available!

GENERAL CLE SESSION SPONSORED BY WHITAKER CHALK SWINDLE & SCHWARTZ PLLC

30 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024
JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 31

LegalLine

2024 Pro Bono Award Spotlight

NNdidi Gbulie

LEGALLINE ATTORNEY OF THE YEAR

didi L. Gbulie is a graduate of Washington University School of Law in St. Louis, MO, and holds an Honors Bachelor of Arts in Criminology and Sociology from the University of Toronto in Canada. Currently, Ndidi serves as a Staff Attorney with Tarrant County Medical-Legal Partnership (TCMLP), a joint program of Legal Aid of NorthWest Texas and MHMR of Tarrant County. Her program helps improve health outcomes for individuals by addressing their underlying social and legal issues. Her responsibilities include assisting low-income families with housing, income benefits and family stability cases such as guardianship, advanced directives, powers of attorney, expungements, and non-disclosures.

Ndidi is a travel enthusiast and enjoys spending time with her husband and three wonderful children. g

Upcoming Volunteer Dates

Thursday, March 28, 5 PM - 7PM

Thursday, April 11, 5 PM - 7PM

Do you have 2 hours that you can commit on a Thursday night to assist those that need legal advice in your area of expertise?

LegalLine needs attorneys in all areas of law. Thank you to all the attorneys who have volunteered in the last two months. If you want to know more about volunteering, email sarah@tarrantbar.org.

THANK YOU TO OUR RECENT LEGALLINE VOLUNTEERS

Amy Allen

Brittany Allen-Brantley

John Barnes

Nick Bettinger

Julie Camacho

Steven Gaylord

Ndidi Gbulie

Dustin G. Hoffman

Merrit Klapperich

Angelia Megahan

Cynthia Maragoudakis

Karon Rowden

32 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024

Section Webinars:

Section members can access free online CLE that is available on the section’s e-community. If you are not a member of a section and want to access a particular recorded CLE, visit www.tarrantbar.org/cleondemand or contact Lauren St. Clair at laurensc@tarrantbar.org to purchase the recording.

Topic: Civil Court Judicial Panel: Voir Dire Best Practices

Panel: Judge Megan Fahey, 348th District Court

Judge Kimberly Fitzpatrick, 342nd District Court

Judge Susan McCoy, 153rd District Court

Judge Chris Taylor, 48th District Court

CLE: 1 hour (FREE for TCBA Members)

Appellate Law Section

Topic: Record Problems and (Possible) Solutions

Speaker: Kirsten Castaneda, Alexander Dubose & Jefferson LLP

CLE: .75 hour, 0.25 hour Ethics ($20 for TCBA Members)

Construction Law Section

Topic: I Guess Some People Are Just Loose With Their Morals

Speaker: Bryan Kelly, Shackelford, Bowen, McKinley & Norton, LLP

CLE: 1 hour Ethics ($15 for TCBA Members)

Fort Worth Business & Estate Section

Topic: Taking Care of Business: Beginning with the End in Mind

Speakers: George Coultress, Western Commerce Group Ryan Heath, TrustPoint Legal, PLLC

CLE: 1 hour (FREE for Section Members)

Missed a recent Brown Bag Seminar?

Check out the recordings below and watch at your convenience. Visit www.tarrantbar.org/cleondemand to view all available recordings or contact Lauren St. Clair at laurensc@tarrantbar.org to purchase a recording.

Topic: Ethics | CLE: 4.00 hours

Moderator: Angela Miller-Leathers, Leathers & Associates

Topic: Real Estate and Construction Developments

CLE: 3.50 hours

Moderator: Jim Kiser, Anderson & Riddle, LLP

Topic: Labor and Employment Law | CLE: 3.25 hours

Moderator: Emily Daniell, Christman Attorneys, PLLC

Topic: Appellate Law | CLE: 3 hours, 0.5 hour Ethics

Moderator: Paul Leopold, KoonsFuller, P.C.

Free and Low
Online
Its
This Service is certified as a lawyer referral service as required by the State of Texas under Chapter 952, Occupations Code. LRIS receives thousands of calls and emails a year from people in the community seeking to hire an attorney, and is a great way to connect you with the public. Please note that additional requirements apply to the following practice areas. The LRIS application and more information can be found at www.tarrantbar.org/LRISdocuments. WANT TO EXPAND YOUR CLIENT BASE? Join TCBA’s Lawyer Referral & Information Service (LRIS) ➢ Bankruptcy Law ➢ Criminal Law ➢ Family Law ➢ Labor & Employment ➢ Malpractice ➢ Personal Injury ➢ Probate/Guardianship JOIN A SECTION OR COMMITTEE TODAY! To Join a Section: Login to your MyTCBA portal and update your subscription. To Join a Committee, visit: www.tarrantbar.org/CommitteeVolunteerForm JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 33
TCBA Offers
Cost
CLE to
Members CLE CORNER
“What has been a lesson you have learned in your 50 years of practicing law?”

a special thank you to Michael Heiskell for chairing this year’s 50 Year Attorneys Luncheon

A lesson learned in my fifty years of practice is how Tarrant County has a legal community that maintains the highest standards of ethical behavior and mutual respect among attorneys. Unfortunately, I have found this not to be true in some other jurisdictions which makes me even more proud to practice in our county.

Charles Florsheim, 2024 Honoree

Take the time you need to get it right.

In our profession, it is essential to focus on the goal of seeking justice and just results for those who have entrusted us to represent them; we always should strive to accomplish the foregoing in a respectful, caring, concerned, patient, committed, professional, honest and ethical manner. Paraphrasing a few of many wise words that my father (Rabbi Isadore Garsek) shared with me long

Be honest in all endeavors. But be honest to yourself – self-deception is the worst kind. BEWARE THE SELF CONVINCING ASPECT OF ADVOCACY!

—Donald E. Hermann 2024 Honoree

ago, “the older we get the wiser our parents (and those who have influenced us throughout our lives) become” …. we need to learn from those “in our present” and, even more importantly, from those “from our past”. Recognizing all of that, we must take the time to express gratitude to the people who are and/or have been around each of us in our professional and personal lives for their much appreciated and valuable support which has doubtless provided each of us the noble opportunity to be attorneys and to serve our clients and our communities; take nothing for granted and grow and commit to improve the future from all of our life experiences.

Change does not come without a struggle.

Judge Maryellen Hicks 2024 Honoree

Be prepared and be on time.

34 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024

Stay honest and original as a litigator.

—E. Glen Johnson 2024 Honoree

• Don’t tell a potential client what they want to hear, especially if you don’t believe it.

• Do not take a case that is out your experience.

• Don’t be afraid to seek help.

• T.R.C.P. is your Bible.

• Your word is your bond.

—J. Steven King 2024 Honoree

When I got my diploma from Law School, Professor Spud Bell, Chief Justice of the 1st Court of Appeals, told me this is just a "learners permit". He was right. Fifty years later I am still learning. One important thing about our practice is knowing those who accept your word as if it was carved in stone, and that you keep agreements and commitments as if they were. I am lucky to have

so many colleagues that honor our words and handshakes.

—James M. Loveless, 2024 Honoree

The proper practice of law is as a profession – not as a business. Practiced as a business, it is soulless and unrewarding personally and emotionally.

—Judge Terry R. Means 2024 Honoree

The practice of law is a lifelong learning process. The reward is the satisfaction of helping others in need of legal assistance.

—Raymond B. Kelly, III 2024 Honoree

You learn all about your client and your opposing counsel playing 18 holes of golf.

—J. Frank Kinsel, Jr. 2024 Honoree

The first account is rarely the full story.

—JoAnn H. Means 2024 Honoree

• Re-read twice.

• Kindness is not a failure.

• To advocate vigorously

• Tarrant County is a better place to practice than Dallas, Harris, or anywhere.

—Orsen E. Paxton, III 2024 Honoree

Treat clients, other lawyers and judges the way you would like to be treated.

—Mack Ed Swindle 2024 Honoree

The importance of respecting all attorneys, regardless of whether I agreed with their positions taken in representing their clients.

—James E. Webb 2024 Honoree

JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 35

William W. Collins, Jr.

Jeffrey R. Davis

David Fielding

Charles Florsheim

Elliott S. Garsek

Michael P. Heiskell

Donald E. Herrmann

Judge Maryellen Hicks

John V. Howard

Leslie C. Johns

E. Glen Johnson

Raymond B. Kelly, III

J. Steven King

J. Frank Kinsel, Jr.

James M. Loveless

James D. Matthews

JoAnn H. Means

Judge Terry R. Means

Orsen E. Paxton, III

William H. Sargeant

Mack Ed Swindle

James E. Webb

36 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024

TEXAS LAWYERS FOR TEXAS VETERANS

IConsider Joining the TLTV Committee!

f you are passionate about providing legal assistance to veterans in need and have creative solutions and ideas to share, consider joining the TLTV committee, which meets the third Wednesday of each month from 12 p.m. to 1 p.m.

If you are looking for a reason to give your time, read what several veterans who were recently assisted have to say about TLTV.

The attorney that I spoke to was very attentive to my issue of concern. She was very helpful with the advice that she gave me, and it was a substantial relief to have a solid direction toward the resolution of the issue which has lingered for several years. Air Force Veteran

“Absolutely love the professionalism they have and the quick response to my inquiry.

Army Veteran

THANK YOU TO OUR VOLUNTEERS WHO ASSISTED WITH THE NOVEMBER, DECEMBER AND JANUARY CLINICS

Brittany Allen-Brantley

Sam Birnbach

Robert Blankenship

Deborah Krane

Cynthia Maragoudakis

Angelia Megahan

Looking for ways you can support TLTV but unable to volunteer?

CONSIDER SPONSORING A CLINIC!

2024 Pro Bono Award Spotlight ROBERT BLANKENSHIP

EAGLE SERVICE AWARD

Robert Blankenship has been licensed to practice law by the State Bar of Texas since receiving his law degree from Texas Wesleyan University (now Texas A&M) in 1995. A native of Big Spring, Robert’s family relocated to Weatherford after his father died. Robert is licensed to practice law in the Northern, Eastern, and Southern Districts of Texas. Before joining Alexis Allen Law, Robert worked at Texas A&M University School of Law in the Family & Veterans Advocacy Clinic. Later, he served as a

Special Litigator and Managing Assistant Attorney General at the Office of the Attorney General of Texas, where he was recognized as the Assistant Attorney General of the Year for 2010. During law school, he was a member of the Order of the Barristers and received the Scholarship Key. Robert is also a Sustaining Life Fellow of the Tarrant County Bar Foundation and holds the title of Master (Emeritus) in the Eldon B. Mahon Inn of Court. g

Contact
for more details.
sarah@tarrantbar.org
JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 37

ELDON B. MAHON INN OF COURT

Tarrant County Bar Foundation Supports the Eldon B. Mahon Inn of Court High School Mock Trial Competition

In January 2024, the Eldon B. Mahon Inn of Court held its ninth Region 11 high school mock trial competition as part of the 45th Annual Texas High School Mock Trial Competition. The Tarrant County Bar Foundation has supported the Eldon B. Mahon Inn of Court’s mock trial competition each year through a grant that underwrites the associated costs of the event.

The mock trial competition was coordinated by the Eldon B. Mahon Inn of Court's Mock Trial Committee, led by Justice Elizabeth Kerr (Second Court of Appeals) and Tori Rhodes (Robbins Travis PLLC). Attorneys, law students, and judges from the Eldon B. Mahon Inn of Court participated in the mock trial as volunteers. The two preliminary rounds of the high school mock trial competition occurred on Saturday, January 27, 2024. Four teams advanced to the semi-final round held on Friday, February 2, at the Family Law Courts Building. Later that evening, teams from Covenant Classical School and Uplift Elevate Preparatory participated in the final round presided by Phil Lamsens (EOG Resources, Inc.). Covenant Classical School won the competition and also received Outstanding Advocate and Outstanding Witness honors. Stephenville ISD won Best Courtroom Artist.

Seven teams signed up for the competition, and six teams ultimately competed. Teams hailed from high schools in Decatur, Fort Worth, Grapevine, Mansfield, and Southlake.

The Eldon B. Mahon Inn of Court extends its appreciation to the many people who supported the event, including its members, the Tarrant County Commissioners who approved access to the courthouse and use of the sheriff deputies for the competition, the family court judges who shared their courtrooms, and the Tarrant County Bar Association members who volunteered for the event. g

38 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024
Covenant Classical won the Region 11 Mock Trial Competition held in Fort Worth on February 2, 2024. The school will compete at the State Mock Trial Competition, March 8-9, 2024 in Dallas.
JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 39

Tim Evans

1943-2023

Ralph Timothy “Tim” Evans, 80, of Fort Worth, Texas passed away peacefully on December 23, 2023 after a long and courageous battle with Alzheimer's Disease.

Born in Fort Worth Texas to Tommy and Dorothy Evans, Tim attended Paschal High School in Fort Worth. After his family moved to Abilene, Texas, Tim was in the first graduating class of Abilene Cooper High School. Tim then attended Texas Tech University, where he was president of Phi Gamma Delta Fraternity. He graduated in 1966 with a Bachelor of Science degree in Chemistry. He then attended Texas Tech School of Law, and was a member of the Law School’s first graduating class in 1969. While in law school, he was fortunate to clerk for the law firm of Huff and Bowers. Tim’s mentors there were legendary trial lawyers Bob Huff, Forrest Bowers, and Broadus Spivey. Their influence on Tim and his career were truly lasting.

Upon his return to Fort Worth, Tim was hired by the Tarrant County District Attorney’s Office as an Assistant District Attorney. He worked for legendary Tarrant County District Attorney Tim Curry, who became another mentor and friend.

In 1976 Tim started his own criminal defense practice, and eventually became one of the most prominent criminal defense attorneys in the United States. In a long and colorful career, Tim represented clients ranging from the Speaker of the Texas House of Representatives to the National President of the Banditos Motorcycle Club. Tim secured acquittals for the former CEO of Mrs. Baird Bakery, a Waco BranchDavidian, a former City Councilman, charged with over 100 counts of telecommunications fraud; a sitting district judge, for civil rights violations; and a number of prominent local attorneys, developers and executives accused of bank fraud during the savings and loan prosecutions of the 1980s and ‘90s.

In addition to Tim’s success in the courtroom, he was devoted to serving and training other lawyers. A noted speaker on criminal law topics across the United States, he served on the Board of Directors of the National Association of Criminal Defense Lawyers. He was very involved with the Texas Criminal Defense Lawyers Association, serving as the organization’s President in 1990-91. Tim was the Chair of the State Bar of Texas Criminal Justice Section in 1991-92

Mentoring young lawyers and improving the legal profession was Tim’s passion. For decades, he would devote a week each spring to serve as dean of the Texas Criminal Trial College, an intensive training course for young criminal

defense lawyers. His work and dedication was recognized when the program was renamed the Tim Evans Criminal Trial College in 2017.

Tim’s success in the courtroom and dedication to helping other lawyers was recognized on many occasions: He was named the State Bar of Texas Outstanding Criminal Defense Attorney of the Year in 1987. For many years he was listed Top 100 Texas Super Lawyers by Texas Monthly Magazine, and was listed in the Best Lawyers in America starting in 1993. Tim was Inducted into the Texas Criminal Defense Lawyers Association Hall of Fame in 2007, and he received the highest honor bestowed by the Tarrant County Bar Association, the Blackstone Award, in 2011.

On December 21, 1974, Tim married the love of his life, Rita. They lived life to the fullest, travelling the world, going to concerts, and spending time with their friends. Rita and Tim were true partners who brought out the best in each other. Tim was the first to say that he could not have had the professional success that he enjoyed without the help of Rita by his side every step of the way. Tim was proud of his family and enjoyed spending time with them, especially his beloved granddaughters, Sarah and Grace.

Included in his many interests was a love for music, and Tim sang in the choir at Broadway Baptist Church in Fort Worth as a child. As he got older, he discovered Buddy Holly, James Brown, The Eagles, Willie Nelson and Jimmy Buffett. Some of Tim’s best times involved attending concerts with Rita and their friends.

Tim loved to travel and visited four continents with Rita, and their travels were filled with visits to museums and historical sites. Snow skiing was Tim’s favorite pastime, and many close friends can attest that he may have been the fastest Texan to ever strap on a pair of skis. He loved to ski with his friends and family, and passed that passion on to his granddaughters. Some of his fondest memories were of his precious time spent in the mountains of Colorado racing down the slopes with Sarah and Grace.

Tim was preceded in death by his parents, Tommy Evans and Dorothy Evans. Survivors include his wife Rita, his son Lance Evans and wife Lori of Fort Worth, his son Chad Evans of San Antonio, granddaughters Sarah Evans of Eagle, Co. and Grace Evans of Los Angeles, brothers Richard Evans (Connie) of San Antonio, and David Evans (Kelley) of Ponder, Tx. and numerous nieces and nephews and many, many friends from all walks of life.

Tim’s legacy is the people that he helped, the lawyers that he trained, and the family and many friends that he loved and who carry his memory. g

MEMORIAM IN
40 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024

Melinda Vance

1939-2023

Melinda Terry Vance died peacefully Friday afternoon, December 29, surrounded by family members. She was 84.

Born in Fort Worth, Melinda was the only child of Ernest and Esda Terry. She led a remarkable life. From the time she was eight until she turned fifteen, she iceskated professionally and performed acrobatics on ice at the Adolphus Hotel in Dallas. She was a medal-winning gymnast and also a wonderful dancer, being one of the first dancers hired at Casa Mañana. In 1957, Melinda graduated from R.L. Paschal High School, where classmate Estil Vance, Jr. asked her on a date. She said no, but he persisted, ultimately becoming the love of her life. They married in 1961 and remained happily together until his death in 2005.

Melinda was a trailblazer for women and a role model for her children and granddaughters. She began college at UCLA, completing her undergraduate degree in history and political science at UT Austin. From there, with the full support of her future husband, she became one of only three women admitted to UT Law School, subsequently graduating eighth in her class. She practiced law in private practice before being appointed as a Municipal Judge by the Fort Worth City Council. In addition to being a lawyer when few women were, Melinda had a passion and gift for running political campaigns. She served as the Tarrant County Coordinator for the Democratic Party for Ann Richards, U.S. Senator Lloyd Bentsen, Barefoot Sanders, and Governor Dolph Briscoe. She also successfully ran her husband’s campaign for Fort Worth City Council, but win or lose, they had a blast just being together.

Melinda loved Fort Worth and contributed greatly to the community. She was the Ethics Committee Chairperson of the City of Fort Worth. Appointed to the Governor’s Commission on the Status of Women by Governor Briscoe in 1980, she championed women’s rights. In her work for the Easter Seal Society, she advocated for the disabled. She was a member of the Citizens Advisory Committee for Quality Education and Demography, which conducted citywide hearings to study declining enrollment, desegregation, and quality education in Fort Worth public schools. This study ultimately resulted in $1.5 million being redirected predominantly to minority schools excluded from busing. Melinda was a proud alumna of the Delta Delta Delta sorority. She remained active throughout the years, including with the TCU chapter. She received the Golden Circle degree for 50 years of service. Melinda was also a member of the Assembly

and the Junior League of Fort Worth.

On top of all her accomplishments and community service, Melinda was fiercely devoted to family and friends and put them before all else. Although she was tough and spoke her mind, she would be the first to be there in a time of need. She loved deeply, and she will be missed dearly by all those who loved her.

Her family would like to thank Dr. Allan Kelly, her longtime family physician, for the care he provided over the years.

She is survived by her son, Dr. Estil Vance III and his fiancé, Margaret Blackmon; her daughter, Kathleen Vance Galloway and her husband, Toby; and twin granddaughters, Rebecca and Alexandra. g

Published on Robertson Mueller Harper website.

E.L. Atkins

1942-2024

E. L. Atkins passed away on February 4th, 2024, surrounded by his loved ones. He was a man of many talents and passions, leaving behind a legacy that will be cherished by those who knew him.

Born on July 21, 1942, E.L. possessed an extraordinary musical talent from a young age. He began playing the piano at the age of three, captivating audiences with his mesmerizing performances. By the time E.L. was in high school, he was qualified to go on tour as a pianist. Instead, he accepted a math scholarship to the University of Pittsburg where he sang in their choir and was a member of the Sigma Alpha Epsilon fraternity. When he came back to Texas, NASA was interested in hiring him as one of their mathematicians. It was at this pivotal moment his heart turned to studying law.

After graduating from Baylor Law School, E.L. embarked on a remarkable career as an attorney specializing in medical malpractice. With an unwavering dedication to justice, he tirelessly fought for the rights of the injured, leaving an indelible mark on his field. E.L.’s brilliant legal mind and unparalleled work ethic allowed him to become the youngest practicing attorney in the State of Texas, a testament to his formidable talents.

MEMORIAM IN
JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 41

Beyond his legal prowess, E.L. held numerous other passions dear to his heart. As a private pilot, he soared through the skies, enjoying the freedom and beauty of the world from above. He possessed a natural gift for music, playing the guitar and composing his own songs. His record label, Ashdra Productions, was a testament to his love for his daughters, Ashley and Audra, whose names he combined to create its unique identity.

E.L. was not only a man of intellect and creativity but also a compassionate and giving soul. He served as a devoted member and past District Governor of the Lions Club, sharing his time and talents to make a positive impact on his community. His commitment to genealogy allowed him to delve into the rich tapestry of his family history, preserving their stories for future generations.

Faith played a central role in E.L.’s life. He spent

over 40 years singing in the choir at Trinity United Methodist Church, finding solace and joy in raising his voice in worship. Additionally, he was a member of Schola Cantorum, a prestigious choral group. He had the privilege of performing Faure’s Requiem at the iconic Carnegie Hall under the direction of his dear friend, Dr. Gary Ebensberger.

Above all, E.L. treasured his family. He leaves behind his two beloved daughters, Ashley Atkins, Audra Moore and husband Tommy, as well as his cherished grandchildren, Kaylee, Keaton, and Kannin Owen, Madison Moore, Mallory Valdez, and Carsen Blackwell. Their love and support were the driving force behind his many achievements, and his memory will forever live on in their hearts. g

Published on Wade Funeral Home & Crematory website.

42 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2024
JANUARY/FEBRUARY 2024 ▪ TCBA BULLETIN 43

Member Benefits Vendor List

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

AMO Office Supply guarantees the lowest prices on office supplies for TCBA members, with next-day delivery and free shipping. Call 800.420.6421.

Falcon Document Solutions provides quick, efficient, and reliable process services, document scanning, printing, copying, electronic discovery, litigation displays, and trial boards. They are available 24/7 at 817.870.0330 or visit their website at www.falcondocs.com. TCBA members can enjoy discounts on their services.

Fort Worth JSB Co., Inc. offers a 10% discount for TCBA members on printed materials — business cards, letterhead, envelopes, business forms, brochures, flyers, and more. To receive a quote, call 817.577.0572.

The Fort Worth Zoo offers discounted tickets to TCBA members. $16.00 for adult tickets, $12 for child or senior tickets. For more information, contact Tracy Card at tracy@tarrantbar.org or call 817.338.4092.

Thomson Reuters Exclusive TCBA offer of 15% off new Westlaw subscriptions or upgrades to current subscriptions*, including our latest AI enhanced platform, Westlaw Edge. Please contact your local Account Executive, Ben Galloway, for more information: Ben.Galloway@TR.com. *Restrictions apply, please contact your AE for details.

For IT Help:

Juris Fabrilis provides members with discounted rates on web-based tools to assist in managing their law practices. For more information, call 817.481.1573 ext. 101.

For Shredding and Document Disposal:

Magic Shred is a secure shredding business that offers TCBA members a 10% discount to TCBA members. They provide on-site document shredding services. TCBA also organizes 2 free shredding events per year exclusively for its members. Members can bring up to five boxes for shredding free of charge. Call 940.783.6580 for details. g

LAWYERS ON THE MOVE & IN THE NEWS

Tarrant

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Please submit information by email to Elizabeth Banda, Communications Director, at elizabeth@tarrantbar.org.

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