Tarrant County Bar Association Bar Bulletin (January/February 2019) by Tarrant County Bar Association Bar Bulletin

Bulletin January/February 2019

RBMKFL18_KFL_TCBA Ad_Heather King_Full Pg Bleed_01.1ef.pdf

11/6/18

9:58 AM

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Since 1984, the Texas Academy of Family Law Specialists have given one attorney or judge in the State of Texas the Sam Emison Award each year. Among the 35 individuals to receive this illustrious honor, four have been KoonsFuller lawyers. This year, TAFLS recognized Managing Shareholder, Heather King, for her demonstration of significant commitment and contributions to the practice of family law in the State of Texas. We are proud of Heather King for her leadership inside and outside our firm and for her passion and commitment to advancing the ideals of the legal profession. To learn more about how KoonsFuller sets higher standards in Texas family law, please visit us at KoonsFuller.com.

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President’s Page

appy New Year! I hope this President’s Page finds you easily transitioning back to life’s daily grind after enjoying a wonderful holiday season with your family. TCBA’s 2018 ended with a flurry of activity, including a successful Havana Nights Holiday Party on December 7. Thanks to Chair Lyndsay Newell By LANCE EVANS and all of the Holiday Party Committee members for planning a great event, and to the sponsors for their generous support. Like many people, you may approach 2019 with a renewed and motivated outlook, as well as goals for your personal and professional development. You may also have spent time reflecting on the past year and celebrating the significant accomplishments (or even the small victories) in your practice or personal life. TCBA is doing the same; we are planning programs and events to support you in your pursuit to learn new things, meet new people, live a more balanced life, and develop new skills. The Bar is also looking back at the good things from 2018 – made possible by the many members who volunteer their time and leadership – and celebrating them. Information about many of those events is contained in this issue of the Bulletin, but here’s a quick synopsis: • Help the Tarrant County Bar Foundation celebrate the achievements of the Bar’s pro bono programs and honor award recipients at the annual Pro Bono Awards Luncheon on January 23. Toby Owen, from Presbyterian Night Shelter, will speak on homelessness and needs of members of the Tarrant County community. The pro bono programs will also honor outstanding pro bono volunteers and supporters. • Earn CLE credit at an affordable rate from local judges and attorneys at the upcoming Brown Bag CLE seminars. Chair Scott Lindsey and the Brown Bag Committee diligently plan throughout the year so that the TCBA can offer relevant and affordable CLE programs. On January 25, you can hear from a number of appellate justices and experts on appellate law topics. On February 22, learn about developments in federal practice from Judge O’Connor, Judge Cureton, and federal law practitioners. • Celebrate those who accomplished a milestone

achievement at TCBA’s membership luncheon honoring the 50 Year Attorneys on February 12. Committee Chair Judge R.H. Wallace will lead us in honoring the attorneys, and Reverend Brooks Harrington will speak about civility as part of the program. • Learn something new to help your career path at the Women in the Law Luncheon on February 26. The luncheon will feature an esteemed panel from diverse backgrounds that will speak on their experiences – Chief Justice Bonnie Sudderth from the Second Court of Appeals, Karen Wardell, Associate General Counsel from Cook Children’s Health Care System, and Leah Frazier, Attorney and FashionPreneur. In addition, Committee Chair Caroline Harrison and the Women in the Law Committee are offering something new this year. Before the luncheon, TCBA members can participate in roundtables led by moderators on a number of different subjects, including legal careers in corporate, government, or judicial service, wellness tips, or alternative legal careers. • Network and enjoy the Horseshoe Bay Resort at the annual Bench Bar conference in early April. At the conference, TCBA members can network, enjoy golf and other activities while learning about a number of emerging legal topics that apply to all areas of practice. Bench Bar Committee Chair John Lively, Jr. and the rest of the committee members have been planning to make this year a successful repeat performance from last year. The list continues on activities and events offered by TCBA. Stay updated on news from the legal community, section news, special events, and free CLE offerings by reading TCBA’s weekly emails. I hope to see you at an event, and that all of you take advantage of your membership benefits to help you achieve your goals in 2019. g

JANUARY/FEBRUARY 2019

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Contents Features

12 Women in the Law Luncheon 18 2018 Charity Golf Tournament

President..............................................Lance Evans President-Elect.....................................John Cayce Vice President................................Gary L. Medlin Secretary-Treasurer..............Kimberly Naylor

20 32

Directors Term Ends 2019

Departments

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

President's Page YLA Snapshot Calendar of Events 100 Club LegalLine Snippets Other Associations' News & Information Lawyers on the Move & in the News Membership Report Lawyer Referral & Information Service News Texas Lawyers for Texas Veterans Benefits of Membership Tarrant County Volunteer Attorney Services Judicial Profile - Chief Justice Irby J. Dunklin CLE Corner In Memoriam It's All Happening Around the Bar

Advertiser's Index

Term Ends 2020

Autumn Ridge Counseling and Wellness....................31 Bank of Texas.............................................................30 Deborah Adame.........................................................31 Dispute Resolution Services........................................21 KoonsFuller......................................Inside Front Cover Law Offices of Steven C. Laird, P.C..............................10 LawPay....................................................................30 Moses, Palmer & Howell, L.L.P....................................23 National Association of Estate Planners & Councils.....15 Neal Legal, P.C..............................................................7 Parker Law Firm.........................................................14 Texas Lawyers' Insurance Exchange...........................15 Tindall Square Office Complex....................................7 2 www.tarrantbar.org JANUARY/FEBRUARY 2019

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817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org 2018-2019 Officers

Tarrant County Bar Foundation Annual Meeting Bench Bar Conference XXVI

1 4 5 6 7 8 15 16 17 17 21 22 23 26 31 34 36

Tarrant County Bar Association

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

2018-2019 Appointed Directors

Appointed Director..................Karen Denney Appointed Director....................Scott Lindsey

Tarrant County Young Lawyers Association Fall 2018 President...............................Rob Henry Spring 2019 President...............Martin Garcia Immediate Past President..............Nick Bettinger Executive Director..........................Megan Cooley Ex-Officio Members State Bar of Texas Director...............................Gary L. Nickelson Director........................................Steve Naylor Bar Bulletin Editor..............................................John F. Murphy Graphics/Production..................Elizabeth Banda The Tarrant County Bar Bulletin is a bi-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: December 1........................................January/February February 1...................................................March/April April 1...............................................................May/June June 1.............................................................July/August August 1..........................................September/October October 1.....................................November/December 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.

Membership Luncheon

Celebrating 50 Year Attorneys “Good Person, Good Lawyer”

Tuesday, February 12, 2019 11:45 am | City Club

$26 for Members | $31 for Non-Members 0.5 Hour Ethics CLE

GUEST SPEAKER: BROOKS HARRINGTON L E G A L D I R E C TO R O F M E T H O D I S T J U S T I C E M I N I S T RY

RSVP to Sherry Jones at sherry@tarrantbar.org. JANUARY/FEBRUARY 2019

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YLA Snapshot Rob Henry, President TCYLA

appy New Year from TCYLA! We hope everyone in the Tarrant County legal community had a fun and safe holiday. TCYLA closed out 2018 with a bang and we are looking forward to the New Year. TCYLA Board Member Brian Singleterry continued with his outstanding lineup of luncheon speakers. In November TCYLA was very fortunate to have Tarrant County legal legend Mr. Kleber Miller present Truth is Stranger than Fiction: Lessons from the Road. The presentation was outstanding and the stories Mr. Miller relived certainly lived up to the name of the presentation. Thank you so much to Mr. Miller for taking the time to come out and speak to us! Susan Smith, Travis Heller, and I were fortunate enough to represent TCYLA at the Texas Young Lawyers meeting in Dallas. Texas Young Lawyers is working on some really great projects all throughout the state. One project in particular I would like to plug is the TYLA podcast “Young Gunners.” There are currently about 10 episodes that deal with subjects that young lawyers deal with on a day to day basis. It is very well done and I would invite everyone to check it out. It is of course free of charge. TCYLA volunteered for TVAS’s legal clinic at the Presbyterian Night Shelter’s Morris Women & Children Center. The Morris Center provides emergency shelter services for single women with children as well as women with high-risk pregnancies and is the only area shelter that allows families with older teenage boys to remain with their mothers, keeping the families together. TVAS and Jeff Whitfield did an outstanding job putting on the clinic. TCYLA members provided consultations with about twenty of the women staying at the shelter on a variety of different legal issues. The Texas Bar released the results of the July Bar Exam in November and TCYLA was honored to take part in the Tarrant County Bar Swearing in Ceremony. The Ceremony took place at the Second Court of Appeals. David Keltner gave an inspiring speech about his passion for the profession and what it means to be a lawyer. Afterwards each Justice on the Second Court of Appeals swore in a new Tarrant County attorney. Thank you to Justice Sudderth and all the other Justices on the Second Court of Appeals for allowing us to participate in such an awesome ceremony. In addition to participating in the swearing-in ceremony, TCYLA and the Tarrant County Bar Women’s Attorney Section co-hosted a happy hour for all those who had recently passed the bar at Blue Mesa. The event was well attended a huge success. Big thanks to all of those for coming out and for the Women’s Attorney Section for letting us co-host the event

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with them. Paul Elkins has continued his awesome job heading up TCYLA’s Professional program with Texas A&M School of Law. TCYLA members help lead various breakout sessions at the law school on topics related to professional competencies. Great job, Paul! Due to the record rain we received in October, the TCYLA Golf Tournament had to be rescheduled for December. Thankfully the weather held up and the tournament was a huge success and had an even more exciting finish. Congratulations to the team led by Martin Garcia and Spencer Nilsson for not only buying the most mulligans but also winning first place. Martin and Spencer’s team was able to edge out the Patterson Law Group featuring Fort Worth Invitational Champion Justin Rose. Despite being the undisputed number-1 ranked golfer in the world, Rose was not able to overcome having Travis, Tennessee, and John as his teammates. Thanks to all of our sponsors and those who came out and supported the event! We definitely know the rescheduling created some issues and really appreciate everyone’s patience. The money raised by the tournament is used by the Bar Foundation to provide a stipend to law students who help with all of the different Pro Bono programs and legal clinics put on by the bar, and is needless to say a great cause. Thanks again, Clark, for all the great work you did! Thanks to Adam Simmons and Shelby White for organizing TCYLA’s holiday party. The event was at the Lazy Moose over in the Magnolia area and was a great time. Adam really went the extra mile this year and dressed up as Santa Clause. We want to give a special thanks and shout out to Alex Pelley and Joe Greenhill for dressing up as Santa’s elves. Thanks, guys! It really added some extra holiday cheer to the party! First and foremost, please mark your calendars for Tuesday, January 15 at 11:45 when TCYLA will host its monthly CLE luncheon at the Reata. This month we are excited to have Stephen Tatum Jr. who will be presenting “Deepwater Horizon: The Spill, the Liability, and the Resulting Funding Streams.” TCYLA, along with the Tarrant County Young CPAs, Leadership Fort Worth, Steer Fort Worth, and Vision Fort Worth, will co-host the Fort Worth Young Professionals Happy Hour. The event will take place on January 7 from 5:30 – 7:30 p.m. at WeWork in Clearfork. The event is free to all TCYLA members, so please come out! TCYLA had an awesome 2018 and looks to have an even better 2019. As always, we really do encourage everybody to come out and get involved. If you ever have any questions or suggestions please feel free to reach out to me. g

Calendar of Events January 2019

February 2019

3 Investiture for Dabney Bassel 3:00 pm, Second Court of Appeals 4 Investiture for Kenneth Newell 2:00 pm, Tarrant County Family Law Center 4 Investiture for Christopher Ponder 3:00 pm, Tarrant County Probate Court 10 LegalLine 6:00 pm - 8:00 pm, TCBA Office 15 Real Estate Section Luncheon 12 pm, City Club “Resolving Title Disputes and Underwriting Issues” Speaker: Jeff Rattikin 15 Tarrant County Bar Foundation's Annual Meeting 5:30 pm - 6:30 pm, TCBA Office 17 Fort Worth Business & Estate Section Luncheon 11:30 am, City Club 17 Construction Law Section Luncheon 12 pm, TCBA Office 21 MLK Holiday Office Closed 23 Pro Bono Awards Luncheon 11:30 am - 1:00 pm, City Club 24 LegalLine 6:00 pm - 8:00 pm, TCBA Office

7 Court Staff Seminar 9:00 am - 5:00 pm, TCBA Office 12 Membership Luncheon Celebrating 50 Year Attorneys 11:45 am - 1:00 pm, City Club 14 Energy Law Section Luncheon 12 pm, Petroleum Club 14 LegalLine 6:00 pm - 8:00 pm, TCBA Office 18 President's Day Holiday Office Closed 19 Labor & Employment Law Section Luncheon 12 pm, City Club 21 Fort Worth Business & Estate Section Luncheon 11:30 am, City Club “Cultivating Healthy Multigenerational Family Dynamics” Speaker: Donna E. Trammell 21 Construction Law Section Luncheon 12 pm, TCBA Office 22 Brown Bag Seminar - Federal Law 12:30 pm - 3:45 pm, TCBA Office 25 Bankruptcy Law Section Luncheon 12 pm, The Capital Grille

25 Brown Bag Seminar - Appellate Law 12:30 pm - 3:45 pm, TCBA Office

26 Women in the Law Luncheon Roundtable Discussions: 10:00 am - 11:30 am Luncheon: 11:30 am - 1:00 pm, Fort Worth Club

29 Business Litigation Section Luncheon 12 pm, City Club

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

29 Wellness Connections Committee Membership Event - Painting with a Twist 6:30 pm - 8:30 pm, Open to TCBA Members

Get Your Final Night Rodeo Tickets Here Get your Championship Performance Rodeo tickets today for Saturday, February 9, 2019, 7:30 p.m. at Will Rogers Coliseum.

Ticket price: $32 ea.

For more information or to purchase tickets, contact Sherry Jones at 817.338.4092 or come by the TCBA offices. JANUARY/FEBRUARY 2019

▪ TCBA BULLETIN 5

Members of the 2018-2019

100 Club

*List Reflected Below is as of January 3, 2019 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 P.C. Brown, Dean, Proctor & Howell, LLP Bruner & Bruner, PC 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. Gardner & Smith, PLLC 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 Kelly Hart & Hallman LLP KoonsFuller, P.C. Lacy, Malone, Ryder & Steppick, PLLC 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 2018-2019 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

Law, Snakard & Gambill, P.C. Legal Aid of NorthWest Texas Linebarger Goggan Blair & Sampson, LLP Lively and Associates, PLLC Loe, Warren, Rosenfield, Kaitcer, Hibbs, Windsor, Lawrence & Wolffarth, P.C. Martinez Hsu, P.C. McAlister & Garcia 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 Pappas Law Group, P.C. Phelps Dunbar, LLP Second Court of Appeals Sharen Wilson, Criminal District Attorney’s Office Stephens, Anderson & Cummings, LLP Taylor Olson Adkins Sralla & Elam, LLP The Berenson Firm The Blum Firm The Colaneri Firm, P.C. 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. 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

LegalLine

ark your calendars for the next upcoming LegalLine on Thursday, January 10, 2019 from 6 p.m. to 8 p.m. If you are interested in volunteering or sponsoring, please contact Carolina Ibarra at 817.338.4092 or carolina@tarrantbar.org. g

Space For Lease in the historic

Tindall Square Office Complex in Downtown Fort Worth

■ ■ ■ ■

January 10 & 24

February 14 & 28

March

14 & 28

■ ■

Parking available Up to 10,000 square feet of office space available with rates starting at $19.50 psf. Current office tenant base includes attorneys, private investment firms and accountants. Executive suites for attorneys available, call for details. Secure record storage facility conveniently located on site with rates as low as $120/month Within walking distance to local restaurants and Sundance Square Office Space and Record Storage Space Available Immediately

April

11 & 25

May

9 & 23

June

13 & 27

Contact Debara Herring ■ 682.316.2072 dherring@rochester-group.com 500 East 4th Street, Suite 175 ■ Fort Worth, Texas 76102

JANUARY/FEBRUARY 2019

▪ TCBA BULLETIN 7

Snippets

Civil and Criminal

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

by Judge Bob McCoy g County Criminal Court No. 3

ASK JUDGE BOB

Judge Bob, what is “direct-benefits estoppel”? Direct-benefits estoppel applies to parties who seek “to derive a direct benefit” from a contract with an arbitration agreement. This estoppel theory precludes a plaintiff from seeking to hold the non-signatory liable based on the terms of an agreement that contains an arbitration provision while simultaneously asserting the provision lacks force because the defendant is a non-signatory. Jody James Farms, JV v. Altman Group, Inc., 547 S.W.3d 624, 637 (Tex. 2018).

OBITUARY 5/9/10 – 12/17/18 Ramses: An old man. Lived a full life. No regrets Ramses

MOSES’ MONTHLY PARAPROSDAKIAN (a

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

Moses

Hospitality: making your guests feel like they’re at home, even if you wish they were.

MOSES’ QUOTE OF THE MONTH Artists like cats, soldiers like dogs. —Desmond Morris

CRIMINAL ITEMS OF INTEREST 1. Exclusion of Evidence

Evidence may be excluded under Rule 403 if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, or needlessly presenting cumulative evidence. In considering a Rule 403 objection, the trial court must balance (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 on 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

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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. Navarro v. State, 535 S.W.3d 162 (Tex. App.—Waco 2017).

2. Mitigation

Trial counsel’s “failure to uncover and present mitigating evidence ‘cannot be justified as a tactical decision when defense counsel has not conducted a thorough investigation of the defendant’s background.’” Trial counsel has a “professional obligation to conduct a reasonable investigation into his client’s background and to evaluate whether the information discovered would be helpful in mitigating against the State’s evidence on punishment.” Monakino v. State, 535 S.W.3d 559 (Tex. App.—Houston [1st Dist.] 2016).

3. Right to Counsel

The Sixth Amendment to the United States Constitution guarantees a criminal defendant the right to have counsel present at all “critical” stages of his prosecution. One such critical stage is the period for filing a motion for new trial. If a defendant is deprived of counsel during this stage of his prosecution, his constitutional rights are violated. Carnell v. State, 535 S.W.3d 569 (Tex. App.—Houston [1st Dist.] 2017).

4. Right to a Public Trial

The Sixth Amendment guarantees the right to a public trial in all criminal prosecutions. U.S. Const. Amend VI. The right extends to the jury selection phase of trial, including voir dire of prospective jurors. Violation of a criminal defendant’s right to a public trial is structural error that does not require a showing of harm. Cameron v. State, 535 S.W.3d 574 (Tex. App.—San Antonio 2017).

5. Witnesses

In any case, criminal or civil, if a person appears at trial to be a witness, the trial court has jurisdiction of the witness for purposes of administering the witness oath, regulating the process of obtaining the witness’s testimony, placing the witness under “the Rule” pursuant to Rule 614 of the Rules of Evidence, and even compelling the continued presence of the witness for the duration of the trial. And, of course, there is no doubt that the witness could be held in contempt of court for actions in violation of the trial court’s orders. Thus, again, by appearing before the trial court, though not compelled to do so, the witness is subject to the trial court’s jurisdiction. Almanza v. State, 535 S.W.3d 585 (Tex. App.—Waco 2017).

6. The Fourth Amendment and Bodily Intrusions

Bodily intrusions implicate an individual’s “most personal and deep-rooted expectations of privacy,” and therefore they are considered searches that fall under the Fourth Amendment’s warrant requirement.

State v. Sanders, 535 S.W.3d 891 (Tex. App.—Fort Worth 2017).

7. Traffic Stops

Stops that exceed the time needed to handle the matter for which the stop was made violate the Constitution’s shield against unreasonable seizures. A seizure that is justified only by a police-observed traffic violation, therefore, “becomes unlawful if it is prolonged beyond the time reasonably required to complete the mission” of issuing a traffic ticket. An officer’s mission includes ordinary inquiries incident to the traffic stop, such as checking the status of driver’s licenses, determining whether there are outstanding warrants, and inspecting the automobile’s registration and proof of insurance. Authority for the seizure ends when tasks tied to the traffic infraction are, or reasonably should have been, completed. King v. State, 536 S.W.3d 26 (Tex. App.—Fort Worth 2016).

it is entitled in the rendering state, … regardless of the laws or public policy” of Texas. Dalton v. Dalton, 551 S.W.3d 126, 135 (Tex. 2018).

6. Floating Royalty

A fraction of royalty interest is referred to as a floating royalty because it varies depending on the royalty in the oil and gas lease in effect and is calculated by multiplying the fraction in the royalty reservation by the royalty in the lease. The language used in the conveyance instrument determines whether the interest is fixed or floating. U.S. Shale Energy v. Laborde Props., 551 S.W.3d 148, 154 (Tex. 2018).

7. Division of the Marital Estate

1. Tort Claims Act

In deciding whether a reasonable basis exists for an unequal division of the marital estate, a trial court may consider many factors. Commonly called the Murff factors. Including: (1) the spouses’ capacities and abilities; (2) benefits that the party not at fault would have derived from the continuation of the marriage; (3) business opportunities; (4) relative physical conditions; (5) relative financial conditions; (6) disparity of ages; (7) size of separate estates; (8) the nature of the property; and (9) disparity of income or earning capacity. Howe v. Howe, 551 S.W.3d 236, 253 (Tex. App.—El Paso 2018).

2. Special Exceptions

QUOTE OF THE MONTH

CIVIL ITEMS OF INTEREST The county’s failure to take action based on information it knew or should have known about its employee is not the “use of tangible personal property.” “We have long held that information is not tangible personal property, since it is an abstract concept that lacks corporeal, physical, or palpable qualities.” Harris Cty. v. Annab, 547 S.W.3d 609, 614 (Tex. 2018). The purpose of special exceptions is to compel clarification of pleadings that are not sufficiently specific or are vague and indefinite. … The test for determining whether a pleading gives adequate notice is whether “an opposing attorney of reasonable competence, with the pleadings before him, can ascertain the nature and the basic issues of the controversy and the testimony probably relevant.”. De Los Santos v. Com’n for Lawyer Discipl., 547 S.W.3d 640, 650 (Tex. App.—San Antonio 2017).

3. The Texas Tort Claims Act

Here, Ramos sued both the City and Officer Guerra individually. Ramos alleged Guerra was acting within the scope of his employment. The City was thus entitled to file a motion to dismiss Guerra pursuant to Section 101.106(e) [TTCA]. By filing a Section 101.1069(e) motion to dismiss, a governmental unit “effectively confirms the employee was acting within the scope of employment and that the government, not the employee, is the proper party.” Ramos v. City of Laredo, 547 S.W.3d 651, 654 (Tex. App.—San Antonio 2018).

4. Summary Judgment/Breach of Guaranty

To prevail on summary judgment on a claim for breach of a guaranty, the plaintiff must establish (1) the existence and ownership of the guaranty, (2) the terms of the underlying contract, (3) the occurrence of the condition on which liability is based, and (4) the guarantor’s failure or refusal to perform the promise. Norris v. Tex. Dev. Co., 547 S.W.3d 656, 659 (Tex. App.—Houston [14th Dist.] 2018).

5. Full Faith and Credit

Article IV section 1 of the United States Constitution requires “that each state give full faith and credit to the public acts, records, and judicial proceedings of every other state.” A foreign judgment properly filed in a Texas court “must be recognized and given effect coextensive with that to which

“To visit Texas and not see Fort Worth is like visiting Egypt and not seeing the pyramids.” —Governor Sul Ross, 1890 (Thanks to Steven K. Hayes for this item.)

LEGAL QUOTE OF THE MONTH

“[A] person ‘cannot both have his contract and defeat it too.’” Jody James Farms, JV v. Altman Group, Inc., 547 S.W.3d 624, 637 (Tex. 2018).

OLD NEWS

Fort Worth Cats The Fort Worth Cats survived fire and flood in 1949 and turned in one of the greatest seasons recorded by the Double-A minor-league franchise. It is a time when there are only 16 major-league baseball clubs—none of them south or west of St. Louis. But Fort Worth has the Cats, champion of the Texas League in 1948 and aspiring to greatness in 1949. The Cats home is a showcase minor-league ballpark near the banks of the Trinity River, named for Paul LaGrave, who with W.K. Stripling rescued a dissension-ridden franchise during World War I and turned it into the envy of the minor leagues. In the early hours of May 15, a fire of undetermined origin destroys the main grandstand and causes a million dollars in damage to a facility valued at $1.375 million. The next day, Fort Worth is hit by the 1949 flood and the charred ruins of LaGrave Field are under water. Nevertheless, the Cats compile a regular-season record of 100-54, win the pennant 10 games ahead of the Tulsa Oilers, lead the Texas League in hitting and pitching, and send four position players and six pitchers to the major leagues, but the Cats lose their final playoff game to Tulsa, compromising an otherwise fabulous 1949. g

JANUARY/FEBRUARY 2019

▪ TCBA BULLETIN 9

Steve Laird

Steve Laird is one of the Top 100 Lawyers in Texas* Thereâ&#x20AC;&#x2122;s a Reason

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

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

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TARRANT COUNTY BAR ASSOCIATION PRESENTS Brown Bag

AppellAte lAw

Seminar Series

JAnuAry 25, 2019 Join us for CLE credit at the TCBA Office, 1315 Calhoun Street, Fort Worth Moderator: Scott Lindsey, Gardner & Smith PLLC

Noon

Registration

12:30 pm

Dissecting Dr. Death: Exploring the Intersection of Criminal and Civil Law Shelby White, Tarrant County CDA’s Office

1:00 pm 1:30 pm

Top Pointers for Electronic Briefing Keith Ogle, Tarrant County CDA’s Office

2:00 pm

BREAK

2:15 pm 2:45 pm 3:15 pm 3:45 pm

Error Preservation Ambushes: Infliction and Prevention Steve Hayes, Law Office of Steven K. Hayes Suing the State: A Discussion of Immunity on Appeal Mary Barkley, Cantey Hanger LLP

Spanish Sources of Texas Law Justice Jason Boatright, 5th Court of Appeals

Judicial Panel: Chief Justice Worthen, 12th Court of Appeals; Justice Whitehill, 5th Court of Appeals; Justice Bassel, 2nd Court of Appeals

Adjourn

3 hours of CLE credit requested (This program will be videoed for showing throughout the year.)

----------------------------------------------------------------------------------------------------------Brown Bag Registration: Appellate Law

_____ $70 TCBA Member

January 25, 2019

_____ $95 non-TCBA Member

_____ Brown Bag Season Pass Holder

_____ $35 TCBA Member Staff

_____ $12 for a boxed lunch

Add $5 if registering after January 23 Please complete this form and return to the TCBA office at 1315 Calhoun Street, Fort Worth, Texas 76102 with a check payable to TCBA or with credit card information. If you have questions, please call Sherry Jones at 817-338-4092 (Fax: 817-335-9238). Name: ___________________________________________________________ Phone: _________________________ Firm: ____________________________________________________________ Fax: ___________________________ Address: _____________________________________________________________ Billing Zip: _____________ Method of Payment: _____ Check

_______ Check Number

______ MC

______ Visa

_____ Am Ex

Credit Card Number ________________________________________________ Expiration ______________________ Name on Card _____________________________________________________ Security Code ___________________

JANUARY/FEBRUARY 2019

▪ TCBA BULLETIN 11

WOMEN in the LAW LUNCHEON Charting Your Career Path

Luncheon Panel Members: Chief Justice Bonnie Sudderth, Second Court of Appeals Karen Wardell, Associate General Counsel, Cook Children’s Health Care System Leah Frazier, Attorney and Fashion-Preneur TCBA MEMBERS CAN COME EARLY TO THE LUNCHEON AND PARTICIPATE IN ROUNDTABLE DISCUSSIONS THAT IMPACT YOUR CAREER:

An Insider’s View of Corporate Counsel Careers *

Danielle Needham, Bell Helicopter • Punam Kaji, Ben E. Keith • Carol Bracken, Tarrant County College • Patti Gearhart Turner, Texas Wesleyan University

An Insider’s View of the Judicial Election and Appointment Process *

Judge Melody Wilkinson, 17th District Court • Judge Brooke Allen, Probate Court No. 2 Maryellen Hicks, Former Justice, Second Court of Appeals and Former Judge, 231st District Court Justice Elizabeth Kerr, Second Court of Appeals

Tips for Transitioning to Your Own Law Practice *

Kelly Decker, Decker Poole, PLLC • Marilyn Garner, Law Office of Marilyn D. Garner

Wellness and Balance

Sue Walker, Retired Justice, Second Court of Appeals • Sue Allen, Allen Law Firm

Branding & Marketing

Leah Frazier, Attorney and Fashion-Preneur

An Insider’s View of Government Service *

Maleshia McGinnis, City Attorney, North Richland Hills Melinda Westmoreland, Tarrant County Criminal District Attorney’s Office

Non-Profit and Other Alternate Career Paths

Mattie Parker, Chief of Staff to Mayor Betsy Price Courtney Leaverton, The Parenting Center, Director of Development

*Up to .75 CLE Requested

12 www.tarrantbar.org

▪ JANUARY/FEBRUARY 2019

Tuesday, February 26, 2019

Roundtable Discussions: 10:00 - 11:30 a.m. Luncheon: 11:30 a.m. - 1:00 p.m. Fort Worth Club 306 W. 7th Street, Fort Worth

JOIN OUR SPONSORS

Premier Sponsor

Event Sponsors

Luncheon Table Sponsor

Roundtable Sponsor

$35 to attend Roundtables ($25 for TCYLA members) $75 for Roundtable & Luncheon | $40 per person for Luncheon Roundtable space is limited. Sponsorship Information available. To make your reservations, contact Sherry Jones at 817.338.4092 or by email at sherry@tarrantbar.org. JANUARY/FEBRUARY 2019

â&#x2013;ª TCBA BULLETIN 13

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

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

Contact Me

Contact

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

Bedford, Texas 76021

Other Associations’ News & Information

Arlington Bar Association Meets on the 3rd Wednesday of each month. President, Ericha Ramsey Brown. For location & information, email arlingtonbarassociation@yahoo.com or call 214.357.7533. 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 Danita Glenn at 214.683.5760 or danitag@thehartlawfirm.com. Tarrant County Criminal Defense Lawyers Association (TCCDLA) Meets every 2nd Thursday at Joe T. Garcia’s, 2201 N. Commerce. For more information, contact President Dewayne Huston at 817.924.2222 or dewayne@thehustonfirm.com. Tarrant County Family Law Bar Association Meets at noon on the 4th Tuesday of each month, with location to be announced. For more information, contact president Dana Manry of KoonsFuller PC at 817.481.2710 or dana@koonsfuller.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 Jimalee Splawn at 817.870.8752 or jsplawn@hfblaw.com. Tarrant County Trial Lawyers Association Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact Mike Freden at 817.726.1636.

The Robert G. Waggoner Webinar Series Selected On-Demand Programs dealing with Eldercare and Widows Sponsored by Olin Ragsdale, CLU, AEP For locations and dates, check LinkedIn or email oragsdale@signalsecurities.com. Securities and advisory services offered through Signal Securities, Inc.

MUCH OBLIGED. TLIE celebrates 40 years protecting Texas lawyers. Thanks for your support. INSURING TEXAS LAWYERS SINCE 1979

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/FEBRUARY 2019

▪ TCBA BULLETIN 15

Lawyers on the Move & Bourland, Wall & Wenzel would like to welcome our newest associate attorney Elizabeth “Liz” Feeney. Ms. Feeney graduated with distinction from the Southern Methodist University Dedman School of Law. Her practice focuses primarily on employment litigation and transactional employment law matters. Ms. Feeney can be reached at 301 Commerce Street Suite 1500, Fort Worth, TX 76102, 817-877-1088. Schneider Law Firm, P.C. would like to welcome their newest associate attorney, Callie Cole Dodson. Ms. Dodson

in the News

will be practicing exclusively family law, and can be reached at 400 E. Weatherford Street, Fort Worth, TX 76102, (817) 850-9955. Dallas probate, estate planning, and fiduciary litigation firm, Pyke & Associates, PC, has expanded with a new Tarrant County Office. The firm is led by Attorney David M. Pyke. The new office is located at 1008 N. Davis Drive, Arlington, Texas, 76012. Contact Attorney Stephanie M. Decker at 817-550-8300; sdecker@probate-tarrant-county.com. g

If you are a TCBA member and would like to place an announcement in the Bar Bulletin, we would like to hear from you. Please submit information by email to elizabeth@tarrantbar.org.

Membership Report

e hope all of our members enjoyed the holiday season with their families and are ready to hit the ground running with some new resolutions in 2019! We wrapped up 2018 with quite a few events! Patterson Law Group hosted our November Docket Call at their Fort Worth Office. Thank you to Travis Patterson for hosting the event. In addition, the rescheduled TCYLA Annual Golf Tournament was held on December 3. Thank you to Clark Rucker and Adam Simmons of the Tarrant County Young Lawyers for all of their help coordinating the event. We hope that all of our participants enjoyed their day on the golf course and want to give a special thank you to our sponsors that make this event a possibility! The Membership Committee hosted two of the seminars in its series, “Protecting Your Law License.” From IOLTA training to hearing about the basics of e-Discovery, our members were able to receive 2.0 hours of Ethics CLE for free. Our members were also able to shred five boxes of documents at the Magic Shred event, watch new lawyers be sworn in at the Second Court of

Appeals and escape to Havana during the Holiday Party. We hope you pencil in a few important TCBA events in your new 2019 calendar. The annual 50 Year Lawyer Luncheon will be held on February 12 at City Club. Judge R.H. Wallace is coordinating this special event to honor attorneys who have practiced law for fifty years. Brooks Harrington of the Methodist Justice Ministry will be speaking on civility in his presentation titled, “Good Person, Good Lawyer.” This luncheon has been approved for 0.5 hour of Ethics CLE. Also, the Transition to Practice Committee, under the direction of Brent Doré, will hold their first seminar on February 28. The luncheon titled, “What Every Lawyer Should Know: Depositions and ADR” will be sponsored by Dispute Resolution Services of North Texas. As always, thank you for your continued support of the Tarrant County Bar Association. We hope to see you at an event soon! g Lauren McKnight Membership Director

The Transition to Practice Committee welcomes

“What Every Lawyer Should Know: Depositions and Alternative Dispute Resolution” February 28, 2019 Location and Speakers TBD Sponsored by: 16 www.tarrantbar.org

▪ JANUARY/FEBRUARY 2019

Save the Date March 21st Social

Location and Speakers TBD

May 23rd Luncheon

“What Every Lawyer Should Know: Criminal Law”

Welcome New Members of the TCBA: ATTORNEYS

Kevin D. Banks Rachel Gail Cole Kyler Kelly Cruz Jennifer Dartez Rbt. J. "Jenks" Garrett Edward S. Gaytan Chrissy Hocker Laurel Hoisager Nicole Marie Hogan Irene Ishak Michael Jackson Sara Kamal Sarah Kline Erica Lynn Morgan David C. Nichols Julio Paredes Michael Chase Price Penina Sendawula Mariam Shakir Ty Taylor

STUDENTS

Yasmeen Aboellhasan Sarah Ahmed Kayla Aitken Timo Aijo

Maxwell Appel Megan Barbre Kimberly Barragon John "Jack" Beasley Madison Bell LeeAnn Blaylock Nathan Bowers Taylor Bradley John Breymaier Quinn Burns Ryan Cairns Michael Casso William Cramer Carissa Crews Robert Crosier Frances Cybulski Jesse Dadres Tiffany Daniels Michael Dooley Mackenzie Dunnehoo Victoria Rose Erb Ivan Escobar Christie Farrar Maya Fitzpatrick Natalie Ford Antonio Galdean Lorraine Garcia J. Reilly Garrett Cody Gee Destin Germany Jessica Gillespie

Kelcy Gillis Jorge Gonzalez Ashley Goodwin Forrest Gothia Carlos Mariano Guerra Josh Hawkins Jessica Hart Jared Hendrix Ryan Horner Ramah Jaradat Savannah John Rachel Karden Spencer Keller Zachary Reed Kosut Taylor Kuykendall Uyen Le Tyler Leadbeater Amanda Lee Monica Lopez Emily Malden Christine Mankarious Alisha Manzo Jose "Alex" Martin del Campo Conn McCandlish Andrew McCarty Hunter McCullough Drew Mealer Brenna Cheyne Miller William Alexander Morrison Chloe Narrell Jeffery Nelson

Alexia Nicoloulias Ian Perez-Routledge Preston Pittman Selika Ramirez Bailey Read Sannika Reddy Margaret Reed Wesley Remschel Teresa Reyes-Flores Rolando J. Reyna, Jr. Riley Reynolds Colton Risinger Kaitlyn Rivera Robert Walker Schmidt Laura Smith Summer Smith Sierra Sotelo Suzanne Suttles Arielle M. Williams Justin Wolf Krista Wood Aidan Yamada John Yoon Tristan David Zelenak

ASSOCIATES

Kylie Hughitt Erin Lee

PARALEGALS Natalie Newlin

Lawyer Referral & Information Service

News

he Lawyer Referral Service ended the month of November with $46,405.95. Specials thanks to our members who have paid referral fees: Charles Beachley Jason Blatt Don Bryeans Courtney Burns Andrea Casanova Jasmit Dhaliwal Andrew Gore

An Lee Hsu Mike Freden Dustin Lee Michael Martinez Kenneth Newell Kathlynn Pack Dustin Payne

David Robinson Sarah Seltzer Carey Thompson Kunal Udeshi Laurie Weir Bill White David Wright

SAVE the DATE Blood Drive

Thinking about Joining? For first-timers, TCBA is offering 50% off an LRIS membership for the 2018-2019 bar year. The LRIS is a great way to develop or supplement your client base. If you are interested in joining, you can download the 2018-2019 application at https://tarrantbar.org/membership/lawyer-referral-informationservice/ or call Carolina Ibarra at 817.338.4092. g

May 2, 2019 | 8 a.m. - 4 p.m. Tom Vandergriff Civil Courts Building Committee Chair: Wes Dauphinot

JANUARY/FEBRUARY 2019

â&#x2013;Ş TCBA BULLETIN 17

Tarrant County Young Lawyers Association and Tarrant County Bar Association

1st Place

he Tarrant County Bar Association/Tarrant County Young Lawyers Association Charity Golf Tournament was another incredible success. While the weather forced us to reschedule the tournament from October 15 to December 3, the weather stayed just warm enough for 75 golfers to ring in some holiday cheer and support the Tarrant County Bar Foundation. We raised over $4,000 for the Tarrant County Bar Foundation. These funds will be used to provide a stipend to several Texas A&M Law Students who serve as interns for the pro bono programs of the Tarrant County Bar Foundation over the next year. These interns provide invaluable support to the pro bono programs by working with low income veterans and indigent individuals at legal clinics, and the fellowship provides the law students a chance to work with volunteer attorneys of the Tarrant County Bar Association. In addition, we collected almost 70 stuffed animals for Tarrant County National Adoption Day!

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▪ JANUARY/FEBRUARY 2019

Camaraderie is great and all, but so is winning – so here are our winners!

1st Place: (back to back to back champions!) Martin Garcia of Texas Secure Title Company, LLC & McAlister & Garcia Spencer Nilsson of Nilsson Legal Group, PLLC Kent Davis of The Law Offices of Kent Davis Judge Timothy J. Murphy of Bedford, TX

Longest Drive

Aaron Loose (Worthington Bank)

Closest to the Pin

Sam Demel (Burt Ladner Real Estate, LLC) Thank you again to all of our participants and sponsors. We hope you will join us again next year, as we Tee ‘Em High and Hit ‘Em Long!!! and Hit ‘Em Long!!! - Clark Rucker g

None of this would have been possible without the incredible support of our sponsors.

Thank You, Sponsors Banquet Sponsors helped underwrite the cost of the tournament: Brackett & Ellis, PC Falcon Document Services Harris, Finley & Bogle, PC Parker Law Firm Whitaker Chalk & Swindle

Hole Sponsors helped fund the gift to the Tarrant County Bar Foundation:

Patterson Law Group Kelly Hart & Hallman LLP Hart Law Firm, PLLC Dispute Resolution Services of North Texas McDonald Sanders Law Firm Robert L. Henry, Attorney at Law, PC Texas A&M University School of Law Assure Court Reporting Forshey Prostok, LLP KoonsFuller Family Law- Southlake

Also, a special thanks to the staff at Mira Vista Country Club. Once again, MVCC was a fabulous host for the tournament.

JANUARY/FEBRUARY 2019

â&#x2013;ª TCBA BULLETIN 19

ANNUAL MEETING of the

Tarrant County Bar Foundation Tuesday, January 15, 2019 5:30 p.m. - 6:30 p.m. Tarrant County Bar Center 1315 Calhoun Street, Fort Worth 76102

Come Join Us As We Welcome Our 2018 Fellows & 2019 Chair Joe Cleveland

and

Install the 2019 Officers and Directors of the Bar Foundation

Texas Lawyers for Texas Veterans Tarrant County Chapter Thank you to Seltzer & Dally, PLLC for sponsoring January's Free Legal Advice Clinic For Veterans.

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â&#x2013;ª JANUARY/FEBRUARY 2019

Texas Lawyers for Texas Veterans

Tarrant County Chapter

TLTV Year in Review

exas Lawyers for Texas Veteran – Tarrant County Chapter (TLTV) strives to provide services to as many veterans as possible. In 2018, we provided 330 veterans with free legal consultations, an 18% increase over the number of consultations provided in 2017. In addition, to providing free legal consultations, TLTV attempts to place qualifying veterans with a pro bono attorney that will represent the veteran for a resolution of their legal issue. In order for a veteran to qualifying for extended pro bono legal services, the veteran must have a legal matter in Tarrant County, must be at 200% of Federal Poverty Guidelines or lower based on household size, and have be recommended for placement through the legal clinic (a volunteer lawyer can recommend placement to the program and either accept the case him/herself or recommend that the program locate a lawyer to accept the case). This year more than 110 cases were placed with a pro bono attorney for extended services. This is

almost a 10 fold increase over the number of cases that were placed in 2017. An additional, 24 cases were referred to our TLTV partners at the Texas A&M Law School Veterans and Family Clinic and another 15 cases were referred to Legal Aid of NorthWest Texas, who also partners with TLTV. All of the services provided to veterans through the TLTV program are made possible by a grant from the Texas Access to Justice Commission, our generous sponsors, and most importantly the amazing attorneys who donate their time and effort to providing veterans with pro bono legal assistance. If you volunteered for TLTV this year, thank you for all that you do to make TLTV a success for supporting our veterans. If you don’t volunteer for TLTV, I invite you to join TLTV, our volunteers make a far-reaching impact on veterans’ lives. g Melissa Sircar Pro Bono Programs Director

JANUARY/FEBRUARY 2019

▪ TCBA BULLETIN 21

BENEFITS OF MEMBERSHIP

The Tarrant County Bar Association is comprised of over 2600 members and offers the best way to connect with the legal community in Tarrant County.

Membership benefits include: •

• • • • •

Over 15 hours of free and 98 hours of reduced cost CLE events offered through the TCBA's 18 substantive law sections, Brown Bag CLE pass, and other CLE events. In addition, TCBA offers many of its CLE events online at a discounted rate for its members. Exclusive networking events, including Docket Calls, Breakfast with the Judiciary, Women in the Law Luncheon, and the annual Bench Bar Conference. Professional development and law practice management programs, including free Transition to Practice seminars, technology classes, and mentorship opportunities. Access to discounts and free professional services, including free document shredding, a discount for Lawyer Referral & Information Services (LRIS) membership, and discounts on meeting space rentals at the TCBA. A subscription to the Bar Bulletin, the TCBA’s bi-monthly magazine, and weekly emails detailing news and events in the Tarrant County legal community. Opportunities for community service at annual events like National Adoption Day, People's Law School, and the Blood Drive. The TCBA also provides pro bono volunteer opportunities at legal clinics through Volunteer Attorney Services (TVAS) and Texas Lawyers for Texas Veterans- Tarrant County Chapter (TLTV).

We thank you for your continued support of our organization. If you have not renewed for the 2018-2019 bar year, please contact Lauren McKnight at the bar office at 817.338.4092 or by email at lauren@tarrantbar.org.

Tarrant County Volunteer Attorney Services

TVAS Year in Review

arrant County Volunteer Attorney Services (TVAS) provides pro bono services to low income individuals throughout the county. TVAS provides the services by partnering with community organizations and private attorneys to sponsor legal clinics. In 2018, TVAS held 6 clinics and provided full representation for 45 individuals needing wills or uncontested divorces. In addition, another 41 matters were handled on an advice only basis. All of the clinics held by TVAS are made possible by the financial generosity of local law firms and the Tarrant County Bar Foundation. The true stars of TVAS are the attorneys and paralegals who give of their time and legal expertise to benefit the Tarrant County community. To those of you who volunteered for TVAS in 2018 â&#x20AC;&#x201C; thank you! You are an amazing asset to our community. If you did not volunteer for TVAS in 2018, please be on the lookout for expanding opportunities with TVAS in 2019. We invite you to join us in making a difference via pro bono legal assistance in Tarrant County. g Melissa Sircar Pro Bono Programs Director

JANUARY/FEBRUARY 2019

â&#x2013;Ş TCBA BULLETIN 23

Wel ln ess C onn e c ti ons C ommitte e: CO-CHAIRS

The Problem with Lawyers and

ur clients come to us for justice, protection, and help with almost all matters involving rights and obligations, as well as livelihood and even life. In attending to our client’s needs, many of us sacrifice our health, finances, and well-being. LEADERS OF We wake in the middle of the night consumed COMMITTEE: in thought with a client matter or how to correct a social injustice. Ben Barlow However, attendant with these lofty, aspiJohn Barnes rational goals is the mundane need to balance Nick Bettinger our checking account, to afford health insurKate Casey ance, to accumulate retirement savings, and to somehow have a balanced, personal life. Mark Clasby Yes, the problem with lawyers is that we B.C. Cornish work hard and are dedicated to do what is Ann L. Diamond right. We passionately believe in law and fairness. We know that people’s livelihood and Shanna Ellis even lives depend on our diligence, integrity Caroline Harrison and zealous representation. Intentionally or Emily Hollenbeck not, we are the progenitors of societal change Lisa Hoppes and advancement. And while we should be proud, all of this responsibility comes with a Kellye Hughes cost – stress and loneliness. Left unchecked, Karmen Johnson the stress and loneliness eats into our personal George Lockwood wellness. On this front, three interesting things hapSarah O. McDonald pened this year. First, the British Government Cindy D. Moon appointed a Minister for Loneliness. Second, Angela Robinson a study awarded the practice of law with the Julia Sladek honor of being the loneliest profession in the United States. Third, the TCBA formed the Cameron Squires Wellness Connections Committee (“WCC”). Christian Tucker The WCC was founded on helping our legal community become stronger – mentally, Diane M. Wanger Kimberly C. Wesley physically, and financially. The WCC has over thirty members, including retired judges, the Bob West current and three past TCBA presidents, and Jim Zadeh

Chief Justice Terry Livingston, retired Judge Sue Walker, retired Joseph P. Horn

Painting with a Twist

Tuesday, January 29, 2019 6:30 PM - 8:30 PM | Cost: $35 2605 S. Cherry Lane, Fort Worth 76116 24 www.tarrantbar.org

▪ JANUARY/FEBRUARY 2019

Wellness Connections

the past-president of the local TCYLA. The WCC is also cool in that we often start our meetings with power meditations to improve our mental agility and neuroplasticity, and then engage in authentic conversations. Neuroplasticity? Come learn why that is so important for you.

Upcoming WCC Events:

Although the WCC is over-represented by kayakers, we have managed to schedule a paint night on January 29, game night on March 1, monthly musician jams, and CLE, including an all-day wellness conference on May 17. We welcome you to join us and look forward to building wellness connections with you!

WCC Mission:

To enhance the mental, physical, and emotional well-being of our Bar.

WCC Strategic Values and Objectives:

(a) To promote the conditions that make all attorneys in Tarrant County successful, professionally and personally. (b) To promote healthy connections within our community, with our colleagues, and within ourselves. (c) To consider ourselves and our colleagues as exceptional and successful role models for our community. (d) To value integrity, authenticity, humor, and personal time, as well as possess good habits, dignity, self-worth, and an overall sense of well-being. g Tennessee W. Walker Patterson Law Group, Partner

To Register, visit

www.paintingwithatwist.com Password: PARTY Open to all TCBA members.

TARRANT COUNTY BAR ASSOCIATION PRESENTS Brown Bag

FEDERAL LAW

Seminar Series

FEbRuARy 22, 2019 Join us for CLE credit at the TCBA Office, 1315 Calhoun Street, Fort Worth Moderator: Claudine Jackson, Phelps Dunbar, LLP

Noon

Registration

12:30 pm

Jurisdiction, Removal, and Pleadings Tom Williams, Haynes and Boone, L.L.P.

1:00 pm 1:30 pm 2:00 pm 2:15 pm 2:45 pm

Preliminary Injunctions Joe Cleveland, Brackett & Ellis, P.C. Discovery Magistrate Judge Irma Ramirez

Brown Bag BREAK Initial Pleas, Bonds, and Attorney Fees February Magistrate Judge Jeff Cureton

3:15 pm

Sentencing Guidelines AUSPD Peter Fleury

3:45 pm

Reception Sponsored by Brackett & Ellis

Views from the Bench District Judge Reed O’Connor

3 hours of CLE credit requested (This program will be videoed for showing throughout the year.)

----------------------------------------------------------------------------------------------------------Brown Bag Registration: Federal Law

_____ $70 TCBA Member

February 22, 2019

_____ $95 non-TCBA Member

_____ Brown Bag Season Pass Holder

_____ $35 TCBA Member Staff

_____ $12 for a boxed lunch

_______ Check Number

______ MC

______ Visa

_____ Am Ex

JANUARY/FEBRUARY 2019

▪ TCBA BULLETIN 25

By Perry Cockerell

Judicial Profile Chief Justice Irby J. Dunklin

rby J. Dunklin was the third chief justice to serve on the Second Court of Civil Appeals in Fort Worth. Prior to his service he was a prominent and influential attorney, and trial judge, and served twenty four-years as an associate justice on the Second Court. Dunklin followed Chief Justice Truman H. Conner, who died in 1933 while still in office. Dunklin served seven years as the chief justice before retiring in 1940. Dunklin was born on September 11, 1857, in Greenville, Alabama, to James L. and Mary Dunklin, who had established Dunklin & Steiner, a successful mercantile business. Dunklin worked at the company growing up. Prior to attending college, Dunklin might have been aware of the company’s legal battle with the Covington County Commissioners in Alabama to require payment of a valid warrant of $200. The county refused payment due to lack of funds. In Covington County v. Dunklin, 52 Ala. 28 (1875), the Alabama Supreme Court held that the county could not be compelled to pay the judgment. In the follow-on case, State v. Covington County Com'rs, 57 Ala. 240, 241 (1876), where the company sought a mandamus for payment, the court in held that mandamus could not compel the county to levy a tax to pay the warrant in the absence of a lawful mandate. Dunklin graduated from the University of Georgia in 1880 and moved to Cass County, Texas, where he had relatives, before moving to Fort Worth in 1881 to begin his practice of law. Dunklin became a named partner in the firm of Hunter, Stewart & Dunklin, an influential Fort Worth firm that represented railroads, banks, insurance companies and even Tarrant County. The leading named partner, Sam. J. Hunter, was a prominent and influential attorney in Texas who would later become an associate justice on the Second Court of Civil Appeals. Dunklin handled the case of Stitzle v. Evans, 74 Tex. 596, 598, 12 S.W. 326 (1889), in the Texas Supreme Court where he represented the vendee who failed to pay all sums due in the real estate transaction before the vendor considered the transaction forfeited. The Texas Supreme Court held that the short period which elapsed between the time between the

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▪ JANUARY/FEBRUARY 2019

payment due date and payment was not grounds to rescind the sale. By 1895 Dunklin had established himself as a respected attorney in Fort Worth and had married Lilly Dale Arnold, from Mississippi. He decided he wanted a change and chose to run for judge of the 48th Judicial District Court in Tarrant County, Texas. He was elected and began serving in 1897. Judge Dunklin faced some controversial times while serving as a district judge. In a murder case, Judge Dunklin denied a motion to quash a second degree murder indictment on the grounds that the defendant, a black man charged with killing a white man, was discriminated against in how the grand jury was selected. In that case—Leach v. State, 62 S.W. 422 (Tex. Crim. App. 1901)—the defendant was found guilty and sentenced to 19.5 years in prison. The Court of Criminal Appeals reversed the conviction and ordered the prosecution dismissed on the grounds of the improper formation of the grand jury because of the qualified black voters had been intentionally excluded from serving on the grand jury. In another case Judge Dunklin was sued by a litigant in a case where he found the litigant in contempt of court. The litigant alleged that Judge Dunklin was required to preside in the 14th District Court in Dallas after the judge of that court was disqualified and Dunklin was appointed by the governor to preside in the case. In Kruegel v. Jones, 136 S.W. 835 (Tex. Civ. App. 1911, writ ref ’d), the court of appeals found that Dunklin was acting in his judicial capacity and was not liable for damages. In 1907 the Dunklins, who had no children, became very involved with an initiative to build an orphanage in Fort Worth dedicated to providing homes for unwanted children from eastern cities. Judge Dunklin and his wife served on the board of directors for the Gladney Center for Adoption and became instrumental in fundraising efforts for the organization. In 1908, at age 51 and after 11 years on the district court bench, Judge Dunklin decided to seek higher office to the Second Court of Civil Appeals by running for the unexpired term of Associate Justice Isaac W. Stephens, who left the bench to resume the private practice of law. Dunklin was elected and began serving in 1909 with Chief Justice Truman H. Conner and Associate Justice Ocie Speer. In 1930, Dunklin’s wife, Lilly, died of a stroke. In 1933, Governor Miriam Ferguson appointed Dunklin as Chief Justice of the Second Court of Civil Appeals after Chief Justice Truman H. Conner died. Dunklin began serving with

associate justices A.J. Power and Hal S. Lattimore. That same year Chief Justice Dunklin married Ada Willingham Waller of El Paso. In June 1934, Chief Justice Dunklin authored the opinion in Langever v. Miller, 73 S.W.2d 634 (Tex. Civ. App.— Fort Worth 1934), writ refused, 124 Tex. 80, 76 S.W.2d 1025 (1934), where the court affirmed a motion for demurrer that challenged a state statute that allowed for a defensive credit of the value of the real estate at the time of the foreclosure sale. In that case the plaintiff contended that the fair market value credit entitled the plaintiff to a credit above the amount of the deficiency judgment. The trial court granted a motion for demurrer and dismissed the suit, the effect of which was to declare the state statute unconstitutional. The court of appeals affirmed the ruling, and the Texas Supreme Court refused the writ on the case, finding that the act violated section 16, article 1 of the Texas Constitution that precluded any law impairing the obligation of contracts. In 1934, Justice Dunklin was a candidate for the chief justice position for a full six-year term. In the July 19, 1934 edition of the Jacksboro Gazette, the paper reported that the justice had won the confidence of all who knew him by his faithful service. Dunklin won election for his first six year term as Chief Justice on the court. In the November 1935, edition of the Timpson Daily the newspaper reported that Chief Justice Dunklin harvested two of the largest sweet potatoes seen in that area of Texas. One weighed 16 pounds and the other 10 pounds. He raised 300 bushels on a 2 ½ acre tract which the justice attributed this success to intensive cultivation. In 1936 Chief Justice Dunklin wrote an important decision involving a consumer who sued for damages after drinking a contaminated bottle of coca cola. The jury found damages of $1,400. In Coca-Cola Bottling Co. of Fort Worth v. Smith, 97 S.W.2d 761, 762 (Tex. Civ. App.—Fort Worth 1936, no writ), the court reversed the judgment finding that the “acts of the defendant in manufacturing and putting on the

market the Coca-Cola drink in sealed bottles for immediate use by the purchaser of the same from the retailer to whom the defendant had first sold it, implied a warranty not only to the retailer, but to the one who purchased the same from him, that the beverage was wholesome and free of any substance injurious to health.” The court held that it was improper to submit the issue to the jury whether the plaintiff suffered damages as “set forth in her petition herein by reason of having drunk the bottle of coca cola, as alleged in her petition.” The court also reversed the damage award because the medical testimony was that the injury was no more than a temporary upset of the stomach with no poisonous effects, while the jury award of $1,400 in damages implied a finding of poisonous effects of the drink in addition to a temporary upset of the stomach. By 1940, Chief Justice Dunklin most likely imagined himself serving on the court for the rest of his life, just as his predecessor. But times were changing, and by that time Judge Dunklin was 83 years old and had already served on the court for 31 years. Dunklin found himself embroiled in a primary battle to retain his seat with a younger Fort Worth attorney, Atwood McDonald, who had no judicial experience. An ad run by friends of the justice in newspapers in August 1940 read: His opponent has never had judicial experience—not even as justice of the peace; he can be no better than an imprudent experiment. What would you think of a young man with a high school diploma offering himself for President of A&M College? The cases are much alike. McDonald won the primary and ended Dunklin’s judicial and legal career that spanned almost 60 years. Later that year the defeated Chief Justice Irby announced his retirement from the court. In December 1940, more than 200 lawyers in the Fort Worth Bar Association paid tribute to the judge. Dunklin died in Fort Worth on November 16, 1949, at the age of 92. He was buried in Greenwood Cemetery. g

Chief Justice Dunklin was honored in 1940 with a tribute by the Fort Worth Bar Association attended by over 200 lawyers. Theodore Mack is presenting him with a gift. Ernest Sanders, Justice Dunklin (unidentified man behind Justice Dunklin). Fort Worth Bar President Samuel Sanders is reading a scroll message of appreciation to the judge.

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▪ TCBA BULLETIN 27

Tarrant County Adoption Day 2018

arly in the morning of November 16, 2018, families, judges, lawyers, volunteers, and superheroes gathered at the Family Law Center for this year’s Tarrant County Adoption Day festivities. By the end of the day, 56 children joined 39 forever families. The families were welcomed with gifts and fanfare, had an opportunity to take their first official family photo, received a book signed by the author, gathered post-adoption resources, and enjoyed food and fun. National Adoption Day is a collective, national effort to raise awareness of more than 117,000 children in foster care waiting for permanent and loving families. Since its inception, this annual one-day event has made the dreams of nearly 700,000 children come true. In 2017, nearly 5,000 youth in foster care were adopted by their forever families as part of National Adoption Day celebrations. We are proud of Tarrant County Adoption Day’s role in joining hundreds of children with their forever families over the years and for the continuing efforts of all those involved. Here in Tarrant County, there are 301 children free for adoption and 202 of those children are in placements that are not intended to be permanent. We hope to continue to help those children find their forever families. We would like to say a special thank you to all of the members of the planning committee, all of the volunteers who donated their time, all of the community partners who donated items and funds to support the event and conducted stuffed animal drives, all of the attorneys and CPS caseworkers who diligently prepared cases and files, and all of the judges who volunteered for the event. We owe a big thank you to Cause to Play for providing volunteers dressed in full superhero costumes—their presence adds another touch of magic for everyone involved. And, through generous donations from the community, we were able to provide the families with several special gifts, including a personalized keychain for each adopted child, a stuffed animal for each child, certificates of adoption, a yellow rose for each adoptive mother, a keepsake pen used to sign the adoption decree, a welcome bag, an autographed book, and a superhero cape for each adopted child. This year’s recipient of the proclamation was Texas A&M School of Law. Texas A&M School of Law has been a con-

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stant support of Tarrant County Adoption Day over the years, providing volunteer students to assist with the adoptions, conducting bear drives, and offering other generous support. Thanks and Gig ‘Em, TAMU Law! Most of all, we thank the amazing families who brought a child or children into their families this year and who allowed us to be part of such a special moment in their lives. Those families are the true superheroes and we wish them nothing but joy and happiness in the years to come. g

Special Thanks to Our Judges:

Judge (ret.) Jean Boyd Judge Patricia Baca Bennett Judge Matthew Riek Judge Lindsay DeVos Judge Jerome Hennigan Judge Jesus Nevarez, Jr. Judge Judith Wells

Special Thanks to Our Planning Committee: Robley Sicard, Chair Judge Tim Menikos, Judge (ret.) Jean Boyd, Robley Sicard, Cindy Williams, Leslie Barrows, Heather Ogier, Gil Daley, Karen Denney, Linda Garcia, Lindsey Stewart, Dawn King, Jessica Llanes, Mallory Robinson, Megan Cooley, Sherry Jones, Shawna Smith, Frank Adler, Kellye Hughes, Teri Reed, Jennifer Cruz, Natalie Stalmach, Monica Foster, Tara Raby, Ruth Pope, Nancy Gordon, Wendy Lee, Amy Smith, Michelle Rayburn, and Nicole Pilgrim

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

With Thanks to Our Donors: ACH Child & Family Services Barrows Firm, PC Michael Board, Photographer Bob Leonard Law Group Brawner Intermediate School CK Family Services Cornerstone Childcare "Schoolers" District Clerk Tom Wilder Fort Worth/Tarrant County Aggie Mom's Club Fort Worth Paralegal Association Gladney Center for Adoption Gladney Family Association Network Haynes & Boone, LLP Cause to Play Granbury Police Department

Hope Fort Worth Jake Brittain, Author Juris Fabrilis Kelly, Hart & Hallman Koons Fuller Law Office of Andy Nguyen, P.L.L.C. Lockheed Martin Leadership Association Mansfield Early Childhood PTA Mike and Miriam Richard The Parenting Center Pearl Snap Kolaches American Endowment Foundation Samantha Ratner Second Court of Appeals Target Tarrant County Delegation of Elected Officials Tarrant County Employees Tarrant County Family Law Bar Association Tarrant County Probate Bar Association Tarrant County Young Lawyers Association The Law Offices of Gil Daley Trinity Valley School Varghese Summersett Family Law Group

Texas Lawyers for Texas Veterans Tarrant County Chapter Thank you to Kelly Hart & Hallman for sponsoring February's Free Legal Advice Clinic For Veterans.

JANUARY/FEBRUARY 2019

â&#x2013;Ş TCBA BULLETIN 29

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Join TCBA’s Lawyer Referral & Information Service (LRIS) For first-timers, TCBA is offering 50% off an LRIS membership for the 2018-2019 bar year. LRIS receives nearly 12,000 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 certain practice areas. LRIS participants must carry malpractice insurance. The LRIS application and more information can be found at: https://tarrantbar.org/membership/lawyerreferral-information-service/

JANUARY/FEBRUARY 2019

▪ TCBA BULLETIN 31

Bench Bar XXVI: WELCOME TO THE MOVIES 2019 CONFERENCE DETAILS Join Fellow Members

Join fellow members of the Bench & Bar at the beautiful Horseshoe Bay Resort on Lake LBJ, April 5-7, 2019 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 XXVI as possible. The attorney who recruits the most first time attendees who register, pay and attend will win a free registration to Bench Bar XXVII (2020).

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.