Bulletin July/August 2018
Lance Evans TCBA President 2018-2019
The KoonsFuller Managing Shareholders: Sherri Evans*, Rick Robertson*, Charla Bradshaw*, Ike Vanden Eykel*, Heather King*.
KOONSFULLER: DIVORCE, CHILD CUSTODY, PROPERTY DIVISION, PREMARITAL AGREEMENTS, PATERNITY, APPEALS
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President’s Page
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ello! I am thankful and excited to begin the year as your Tarrant County Bar Association President. I have gotten to know so many wonderful people through my involvement with TCBA, but there are so many more that I’ve not had a chance to meet, so I thought I would tell you a little about myself. By LANCE EVANS I was born in Lubbock, Texas, and we lived there until I was six years old. We moved back to Fort Worth when my father got a job making $6000 dollars a year as an Assistant District Attorney. We were in high cotton as they say in the Hub City. I spent my formative years in Fort Worth and Arlington, graduating from Lamar High School. I then headed back out to Lubbock and received my undergraduate and law degrees from Texas Tech University. I’m glad I went back out west; while there I met my wife of 29 years, Lori Duke Evans (a true Panhandle Princess from Amarillo). We have two beautiful daughters: Sarah, a senior at Texas A&M University, and Grace, a sophomore at the University of Oklahoma. I enjoy spending time with my family, travelling, snow skiing (as fast as possible), and playing beer league ice hockey. When we moved back to Fort Worth, I got a job as an Assistant District Attorney for Tim Curry. He is truly one of my mentors, and was a great example of how to use a powerful position for the good of the community. I left the D. A.s office and opened my practice in 1996. I became Board Certified in Criminal Law in 1998. The bulk of my practice consists of criminal defense in both State and Federal court. I also occasionally handle disciplinary matters in local school districts and colleges, as well as Title IX issues. As my criminal practice developed I became very involved in both the Tarrant County and Texas Criminal Defense Lawyers Associations, following the example set by my father, Tim Evans. I quickly saw the value of group members getting together and working for the common good. I served on the Board of Directors of the Texas Criminal Defense Lawyers Association and am currently the Chair of the Texas Criminal Defense Lawyers Educational Institute, which raises money to further the education of defense lawyers around the state. Through my involvement, I got to know some fantastic criminal lawyers from all over Texas. There was one problem: because of the specialized nature of my practice and involvement with these groups, I had no idea what was going on in the rest of our legal community. I have to thank my office
partner Mark Daniel for showing me that there was a bigger legal world out there through his involvement with the Tarrant County Bar Association. I saw the work that he put into the organization and the benefits that both he and the organization derived from that work. Tom Hill was another one of my mentors as a younger lawyer, and one day Tom called and asked if I would consider putting my name in for the board of directors. Since then I have met great lawyers and great people from all over the county. I have developed a great respect and appreciation for the work done by all of our staff members at TCBA. Megan, Sherry, and the rest of the staff are doing a fantastic job; we are lucky to have them! As we start the next year, I want to focus on a couple of things. First, we need to increase our membership. Many organizations nationwide have been losing members. Some people say that this is due to technology, some say millennials are not “joiners.” I firmly believe that TCBA has much to offer that cannot be found in superficial social media relationships. I am asking your help in spreading the word about our organization and encouraging lawyers to join. I’m also asking your help in coming up with ways to make TCBA more valuable to its members. For example, Joseph Horn and Nick Bettinger are heading up our new Wellness Committee. The goal here is to give our members access to ideas and programs that can improve their quality of life. I’m very excited about this new committee and what it can offer our members. I want to help TCBA come up with other new services to help its members be the best lawyers and people that they can be. The others area that I would like for us to focus on is educating our community on respect for the rule of law, which seems to be in decline. I will be asking you to get out into the community and talk with non-lawyers whenever you have the opportunity. We need to do everything we can to combat false stereotypes, both about us as lawyers and about the legal system. It’s unfortunate, but many of the people who speak so negatively of the legal system are the ones who need its protections the most. It is up to us to educate our fellow citizens and to increase respect for the legal system, now more than ever. Judge Reed O’Connor has approached TCBA for help in one such project, and I ask you to share any ideas you may have for other projects toward this end. We have a great Board of Directors and a fantastic staff and I’m very excited to work with this group in the coming year. All of us, however, need your help; if you have ideas or suggestions that can move TCBA forward, please do not hesitate to pick up the phone and call or send me an email. I need your input so that we can continue to grow and increase our worth to our members. Thanks to Nick Bettinger and our outgoing Board members for all your hard work, and I look forward to continuing our progress the year. g
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Contents
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Features 7 Live to Give Annual Blood Drive Winners 15 Breakfast with the Tarrant County Judiciary Snap!” A Loophole Around the Forum-Defendant 18 “Oh Rule in Removal Cases
Departments 1 President's Page 4 YLA Snapshot 5 Calendar of Events 6 100 Club 25 8 A Word From Our Sections 10 Judicial Profile - Chief Justice Truman H. Conner 11 Lawyer Referral & Information Service News 11 LegalLine 13 CLE Corner 14 Membership Report 14 Lawyers on the Move & in the News 17 Tarrant County Volunteer Attorney Services 19 Wellness Corner 20 Snippets 22 Texas Lawyers for Texas Veterans 23 Benefits of Membership 26 Other Associations' News & Information 27 In Memoriam 28 It's All Happening Around the Bar Advertiser's Index Deborah Adame............................................11 Dispute Resolution Services...............................24 Edward Jones..................................................4 Juris Fabrilis..................................................24 KoonsFuller..........................Inside Front Cover Law Offices of Steven C. Laird, P.C.................16 LawPay..........................................................8 Moses, Palmer & Howell, L.L.P........................13 Parker Law Firm............................................12 Texas Lawyers' Insurance Exchange................13 Tindall Square Office Complex.......................26 2 www.tarrantbar.org
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Tarrant County Bar Association 817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org 2018-2019 Officers
President..............................................Lance Evans President-Elect.....................................John Cayce Vice President................................Gary L. Medlin Secretary-Treasurer..............Kimberly Naylor
Directors Term Ends 2019
Director.................................Susan Hutchison Director...............................Jason C. N. Smith Director...............................Tennessee Walker
Term Ends 2020
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
Spring 2018 President......Katherine Hopkins Fall 2018 President........................Rob Henry 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 Assistant Editor..............................Kathleen Flacy Graphics/Production..................Elizabeth Banda The Tarrant County Bar Bulletin is a monthly publication of the Tarrant County Bar Association. Articles, photos, suggestions or comments should be directed to: elizabeth@tarrantbar.org 1315 Calhoun Street ▪ Fort Worth, TX 76102-6504 Deadline for submission is the 1st day of the month, one month prior to the date of the issue (e.g., February 1 for the March/April issue). Items for publication may be emailed to elizabeth@tarrantbar.org in Word format. Articles published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant County Bar Association, its officers or the Board of Directors. Advertisements and feature articles should not be considered an endorsement of any service, product, program, seminar or event.
CLE Membership Luncheon Tuesday, July 10
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CITY CLUB
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11:30 AM - 1:00 PM
"State of the Bar" GUEST SPEAKER: JOE K. LONGLEY S TAT E B A R O F T E XA S P R E S I D E N T, 2018- 2019
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ustin solo practitioner Joe K. Longley is the 138th President of the State Bar of Texas. Longley has been prolific throughout his legal career in helping pass laws that benefit lawyers and their clients. In 1973, Longley coauthored and nurtured the passage of the Texas Deceptive Trade Practices-Consumer Protection Act, together with the private remedies sections of Article 21.21 (now Chapter 541) of the Texas Insurance Code. Since then, he has co-authored Chapters 542 (prompt pay) and 544 (unfair discrimination) of the Insurance Code, the Texas Fair Debt Collections Practices Act, the Texas Home Solicitation Act, and
landlord-tenant protections. Longley has authored numerous seminar papers, taught insurance law at the University of Texas School of Law, and served on the State Bar of Texas Board of Directors, the District 9 Grievance Committee, and as chair of the State Bar Consumer Law Section, now called the Consumer and Commercial Law Section. In 2011, he received the State Bar Insurance Law Section’s Insurance Legend Award. Longley and his wife, Maggie, have three grown children and five grandchildren. The luncheon is hosted by the Tarrant County Bar Association. It will be held at City Club on Tuesday, July 10, 11:30 am. City Club is located at 301 Commerce Street (2nd floor) in downtown Fort Worth. Cost for lunch is $26 for members with reservations and $31 for guests and those without reservations. Dress is business casual – suit and tie not required. To make reservations, please contact Sherry Jones at 817.338.4092 or sherry@tarrantbar.org. For directions to the location, please visit the City Club website at www.cityclubftw.com. g
Tarrant County Volunteer Attorney Services Thank you to the DFW Association of Young Bankruptcy Lawyers for their donation to Tarrant County Volunteer Attorney Services.
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YLA Snapshot Katherine Hopkins, President TCYLA
TCYLA Serving Up the Goods
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eeping with our goal of increasing our civic involvement, TCYLA recently spent an evening volunteering at the Tarrant Area Food Bank where members used their personal time to serve TAFB by packing boxes of canned goods. As typical for TCYLA, there was a great turnout for this volunteer event.
It was a rewarding experience with an even more rewarding impact on our local community.
Outstanding, Indeed
TCYLA is very proud to announce that local attorney, Gerald Pruitt with the City of Fort Worth, is the recipient of the Texas Young Lawyers’ Association’s Outstanding Mentor Award. Mr. Pruitt’s commitment to mentoring young lawyers in this legal community truly embodies all of the wonderful characteristics that make up this award - TCYLA is fortunate to have him in our great city.
Keep Your Eyes on TCYLA
TCYLA is continuously hosting social, mentoring, and community service events. If you are interested in participating in upcoming events, please check out our website, www.tcyla.org. n
http://www.tcyla.org/
We're Social | Follow Us Tarrant County Young Lawyers Association
@TCYLA If you need an application or meeting information, call 817.338.4092 or email lauren@tarrantbar.org.
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Calendar of Events July 2018 4 Fourth of July Holiday Office Closed
August 2018 9 LegalLine 6:00 pm - 8:00 pm, TCBA Office
10 Membership Luncheon and Installation of New TCBA Board of Directors 11:30 am - 1:00 pm, City Club State Bar President Joe Longley will speak on State of the Bar
17 Breakfast with the Judiciary 7:30 am, TCBA Office
12 LegalLine 6:00 pm - 8:00 pm, TCBA Office
21 Labor & Employment Law Section Luncheon 12 pm, City Club
19 Evening at the Races with the Dallas Bar Association 5:30 pm, Lone Star Park (Registration Closed)
23 LegalLine 6:00 pm - 8:00 pm, TCBA Office
26 LegalLine 6:00 pm - 8:00 pm, TCBA Office
28 Last Tuesday CLE 1:00 pm - 4:00 pm, TCBA Office 3 hours CLE in Ethics
31 Last Tuesday CLE 1:00 pm - 4:00 pm, TCBA Office 3 hours CLE in Ethics
20 Bankruptcy Law Section Luncheon 12 pm, Fort Worth Club
Save the Date for TCBA's Membership Events Holiday Party
Women in the Law Luncheon
50 Year Attorney Luncheon
Bench Bar Conference XXVI
Thursday, December 6, 2018 5:00 p.m. - 7:00 p.m. Tuesday, February 12, 2019 11:30 a.m. - 1:30 p.m.
Tuesday, February 26, 2019 11:00 a.m. - 1:00 pm.
Horseshoe Bay Resort Friday, April 5, 2019 - Sunday, April 7, 2019
Sponsorship opportunities are available for all events. Please contact Megan Cooley at megan@tarrantbar.org for more information.
JULY/AUGUST 2018
â–ª TCBA BULLETIN 5
Members of the 2018-2019
100 Club
*List Reflected Below is as of June 27, 2018 Albert Neely & Kuhlmann, LLP
Linebarger Goggan Blair & Sampson, LLP
Allmand Law Firm, PLLC
Loe, Warren, Rosenfield, Kaitcer, Hibbs,
Baker Monroe, PLLC
Windsor, Lawrence & Wolffarth, P.C.
Barlow Garsek & Simon, LLP
Martinez Hsu, P.C.
Brackett & Ellis, P.C.
McAlister & Garcia
Broude, Smith, Jennings, & McGlinchey P.C. Mellina & Larson, P.C. City Attorney's Office - Fort Worth
Moses, Palmer & Howell, LLP
Dawson Parrish, P.C.
Murphy Mahon Keffler & Farrier, LLP
Forshey Prostok, LLP
Noteboom Law Firm
Gardner & Smith, PLLC
Padfield & Stout, LLP
Gordon & Sykes, LLP
Phelps Dunbar, LLP
Griffith, Jay & Michel, LLP
Thompson & Knight, LLP
Harrison Steck, P.C.
Varghese Summersett, PLLC
Holland, Johns & Penny, LLP
Watson, Caraway, Midkiff & Luningham, LLP
Jackson Walker, LLP
Wick Phillips
Kelly Hart & Hallman LLP
Winstead, P.C.
KoonsFuller, P.C. To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more members and attains 100% TCBA membership compliance for the 2018-2018 bar year qualifies for the “100 Club.� The firms/organizations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year. Any firm/organization that qualifies in
the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law firms and other groups! The new bar year began on July 1; if you have not paid your renewal invoice, contact our Membership Director Lauren McKnight at 817.338.4092 or email her at lauren@tarrantbar.org. g
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hank you to everyone that participated in the blood drive on Wednesday, May 16. Because of you, we saved 189 lives! The awards were presented to the law firms and organizations as follows: • Large Firm: Kelly Hart & Hallman LLP • Mid-Size Firm: City of Fort Worth City Attorney’s Office • Small Firm: Lacy Malone Steppick Ryder & Menefee, PLLC • Large Organization: Tarrant County Family Law Bar Association • Small Organization: Tarrant County Jury Services
• •
AMC Giftcard: Lori Spearman Kelly Hart & Hallman LLP Date Night Package: Chad Key
Congratulations to all these winners, and thank you again! n Jessica Sangsvang Blood Drive Committee Chair
The raffle prizes were awarded as follows: • Lori Spearman’s Wine Basket: Tina Campbell • One Hour Massage: Jennifer Perry • N2 Vino Wine Basket: Heidi Angel • Rodan + Fields Basket: Peggy Martinsdale • Dinner at Prince Lebanese Grill: Brandon Hill • Starbucks Gift Card: James Ward • One Hour Massage: David Garza • Rangers Tickets (Lacy Malone Steppick Ryder & Menefee, PLLC): Chris Wilkes • DPH Gift Card: Jeff Parks • Antonio Allen’s Wine Basket: Debbie Nichols • TCU Football Tickets: Clint Dupew • Rangers Tickets (David Garza): Becky Holland
Texas Lawyers for Texas Veterans Tarrant County Chapter Thank you to the Rickey J. Brantley Law Firm for sponsoring July's Free Legal Advice Clinic For Veterans.
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▪ TCBA BULLETIN 7
. . . And now a Word From Our Sections
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veryone should be getting their dues paid for the 20182019 bar year. Remember to join the section of your choice. We have 18 sections from which to choose. By joining a section, you will receive the notices for the specific Alternative Dispute Resolution Appellate Law Bankruptcy Law Business Litigation Collaborative Law Construction Law Corporate Counsel Criminal Law Energy Law
Dues: Dues: Dues: Dues: Dues: Dues: Dues: Dues: Dues:
$25 $25 $50 $30 $20 $30 $20 $15 $20
section events and will have opportunities throughout the year to network with others who practice in your same area of law. g Environmental Law FW Business & Estate Intellectual Property Law International & Immigration Law Labor & Employment Law Real Estate Law Solo & Small Firms Tax & Estate Planning Women Attorneys
Dues: Dues: Dues: Dues: Dues: Dues: Dues: Dues: Dues:
$15 $45 $25 $20 $20 $15 $20 $35 $30
Sherry Jones Associate Executive Director
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â–ª JULY/AUGUST 2018
TCBA Welcomes its 2018-2019
Officers & Directors
President Lance Evans Evans, Daniel, Moore, Evans and Biggs
President-Elect John Cayce Kelly Hart & Hallman LLP
Vice President Gary L. Medlin The Medlin Law Firm, PLLC
Secretary-Treasurer Kimberly Naylor Naylor & Naylor, P.L.L.C.
Director (Term Ends 2020) Cody L. Cofer Federal Public Defender
Director (Term Ends 2020) Veronica Chavez Law Brackett & Ellis, P.C.
Director (Term Ends 2020) Lu Pham Dowell Pham Harrison LLP
Director (Term Ends 2019) Susan Hutchison Hutchison & Stoy, PLLC
Director (Term Ends 2019) Jason C. N. Smith Law Offices of Jason Smith
Director (Term Ends 2019) Tennessee Walker Patterson Law Group
Appointed Director Karen Denney Haynes and Boone, LLP
Appointed Director Scott Lindsey Gardner & Smith PLLC
TCYLA President (Spring 2018) Katherine Hopkins Kelly Hart & Hallman LLP
TCYLA President (Fall 2018) Robert Henry Robert L. Henry Attorney at Law, PC
Immediate Past-President Nick Bettinger McDonald Sanders, P.C.
Executive Director Megan Cooley Tarrant County Bar Association
JULY/AUGUST 2018
â–ª TCBA BULLETIN 9
By Perry Cockerell
Judicial Profile Profile Chief Justice Truman Holman Conner
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ruman Holman Conner served as the second chief justice of the Court of Civil Appeals, Second Supreme Judicial District, Fort Worth, Texas, from 1898 to 1933. He was one of the longest serving jurists in Texas, serving over 46 years, continuous service as a trial judge and appellate justice at the time of his death. Conner was born on December 5, 1849, in Peru, Miami County, Indiana. His parents were Samuel S. Conner and Margueretta Holman Conner who immigrated to Texas in 1855 when Conner was a young boy. Conner was the first born of a family of five and the only child not born in Texas. Truman was educated in the Marion College in Ellis County during 1873-1874 and moved to Tehuacana, Texas to attend law school at Trinity University School of Law where he graduated in 1876. He was sworn in as an attorney in Dallas and began his law practice in Waxahachie. In 1877, he moved to Eastland, where he practiced law for the next 11 years, serving as a County Attorney, a United States Commissioner, and practicing law with J.H. Calhoun and J. H. Davenport who were ex-senators. In 1888, he was appointed by Governor Ross as District Judge of the 42nd Judicial District and served for the next ten years. As district judge he presided over cases originating in Eastland, Jones, Callahan, Comanche, Taylor, Stephens, and Shackelford counties in Texas. In 1882, he married Sallie Bostick Jones of Cook County, Texas, and five years later she gave birth to Samuel T. Conner; but family tragedy struck when the young boy died in 1889. The young Samuel was buried in Eastland County Cemetary in a family plot. The marriage bore six other children: Margaret, Annie, George, Francis, Truman, Jr., and Else. Judge Conner grew in prominence statewide and in 1892 the Fort Worth Gazette reported him as a possible Gubernatorial candidate. In 1898, Chief Justice B. D. Tarlton chose to retire from the Second Court. Conner ran for the vacant seat and after election took office on December 31, 1898. In 1901, Sallie Conner died and was buried in the family plot in Eastland Cemetary. Judge Conner married Ophelia Polk Brigham, whose
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father was Judge John Harvey Brigham in Bastrop, Louisiana. Ophelia died in 1914 and was buried in the Abilene Municipal Cemetary. Later he married Mozella Eleanor Dry, who was an artist and teacher from Abilene and who was living in Colorado before moving to Fort Worth. She was known as “Miss Ella Dryer” by her ex-pupils. During Conner’s service on the early court of civil appeals it was common for litigants to mandamus the court when a conflict occurred in cases among the courts of civil appeals. Conner’s name appears as a litigant in many cases such as Texas & P. Ry. Co. v. Conner, 100 Tex. 407, 408, 100 S.W. 367 (1907). In 1908, the Austin American Statesman reported the case of Orrick v. City of Fort Worth, 52 Tex. Civ. App. 308, 321, 114 S.W. 677, 683 (1908, writ ref 'd) that involved a former City Attorney of Fort Worth who demanded two years’ salary and restitution of office. Conner’s opinion upheld the commission form of government. Conner and his family had friends at Polytechnic College in Fort Worth. In April 1911 the Independent, published by the students of the college reported that he was named as chairman of a committee to petition the county commissioners to improve a roadway connecting Vickery boulevard and the Handley road. In June of that year the same paper reported that a group of Poly students tested out Conner’s new car by driving it to Gainesville making the trip in the mud and rain and taking three hours both ways. In 1918, The Houston Daily Post reported that Conner was called to Austin to assist the Texas Supreme Court as a member of a committee of appellate judges to pass on a number of writs of error submitted to the court to purge the court of a large number of cases where the law was well settled. It was a compliment to the Chief Justice to serve on the committee. In 1925, the annual state bar convention reported that Conner was appointed chairman of a meeting of the 33 appellate justices to discuss how the 11 courts of appeals could be improved. While on vacation Conner served as a visiting judge in the case of McCleskey v. McCleskey, 277 S.W. 1115 (Tex. Civ. App.—Fort Worth 1925, no writ) that originated in Wichita County and granted a temporary injunction. Conner held memberships in the Masons, Knights Templar, and the Knights of Pythias and First Methodist Church in Fort Worth. As a hobby, Chief Justice Conner was interested in legends of buried Spanish gold in Eastland
County. Along with others he would make expeditions into Southwest Texas in quest of buried gold following a map that was supposed to show the way to the gold cached near the Pecos River, but they never found the landmarks as they had been worn away by the weather. Chief Justice Conner died on October 26, 1933, at age 83 at Scott & White Hospital in Temple, where he was taken for a clinical examination after becoming ill. He had been in declining health the last year of his life after suffering from an attack of influenza. He was buried in Eastland City Cemetery with his parents and some siblings. Conner’s son, George M. Conner, became a practicing attorney in Fort Worth and in 1940 was appointed judge of the 17th District Court to serve in place of Judge Frank Culver, Jr., who was called to active duty in the Army. George Conner served for two years on the bench. Judge Conner’s wife Mozella died in Fort Worth in 1960 at age 93. g
Lawyer Referral & Information Service
T
News
he Lawyer Referral Service ended the year with over $140,000.00 and the new bar year starts on July 1, 2018. Please remember that if we did not receive your 20182019 renewal by July 1, 2018, you will no longer be receiving referrals. A SPECIAL THANK YOU to our LRIS attorneys who make it all possible with their referral fees: John Barber, Leslie Barrows, Catherine Edwards, Carter Hampton, Dustin Lee, Francis Nathan, David Robinson, and Laurie Weir. Thinking about Joining? 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/lawyerreferral-information-service/ or call Carolina Ibarra at 817.338.4092. g
LegalLine
P
lease consider donating two hours of your time the 2nd and 4th Thursday, January through November from 6 p.m. to 8 p.m. LegalLine is a valuable community service outreach program that needs your time and skills. If you are interested in volunteering, please contact Carolina at 817.338.4092 or email carolina@tarrantbar.org. g
Upcoming LegalLine Dates:
July
12 & 26
August 9 & 23
October 11 & 25
September 13 & 27
November 8 & 22
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▪ TCBA BULLETIN 11
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ave you purchased a Brown Bag Season Pass? For a mere $125 you can attend all seven Brown Bag Seminars and get at least three hours of CLE credit per seminar. This can take care of your annual requirement, including three hours of ethics credit at the September Seminar. We do have some regular seminar topics – Ethics, Juvenile Law, Appellate Law and Child Welfare. For the other three seminars, the committee selects topics that will hopefully interest many of you and will cause you to attend. If you would like to join the committee and help with the planning and topic selection, please contact me at the bar office. We would be glad to have your input and energy. g
JULY/AUGUST 2018
▪ TCBA BULLETIN 13
Welcome New Members of the TCBA: ATTORNEYS Katie Anderson Shelia Brook Bell Dan S. Boyd Bryant Cabrera Stuart Campbell Patrick Clabby Mark Clasby Omar Colon J. Greg Coontz Tyler Craig Shoaib Daredia Orest B. Dachniwsky Brittaney Davis Dante Doyle Natasha Egharevba George Elliott Robert D. Frye Victoria Ford Chris Gabriel Ellen Gastil Robert Green Justin Griffin Chassidy Guidry John Hasley Sally Helmer Luz Herrera William Hicks Taryn Horton James Robert Hudson, Jr. Mary Ann Rapp Ince Travis P. Jones Colby W. Karhan Molly Keathley Jason R. Kennedy Tara Kersh Justin H. King Jamie Lacy Shawn Laney Maritza Menjivar M. Kip Morgan
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Membership Report
appy July! I hope everyone is finding a way to beat the Texas heat. We are over half-way through 2018. We hope that you have taken the time to plug in at the bar this year. We hosted technologyfocused events in January, celebrated our members at the 50 Year Lawyer Luncheon and Women in the Law Luncheon in February, and celebrated the Tarrant County Court Staff members that help our legal community run efficiently in March. April included the 14th Annual People’s Law School, final Transition to Practice CLE luncheon, and the 25th Annual Bench Bar Conference. May gave a few opportunities for our members to give back. The Second Swearing-In Ceremony for newly licensed attorneys was held on Monday, May 14, at the Second Court of Appeals. All Justices from the Second Court of Appeals participated and administered the lawyer’s oath for nine newly licensed attorneys. This event allows newly licensed attorneys to be sworn-in closer to home. Also, the annual Blood Drive was held on May 16 at the Tom Vandergriff Civil Courts Building. Because of you, we saved 189 lives! Thank you to Justice Lee Ann Dauphinot and Jett Hanna for speaking during our two CLE opportunities. A special thank you to Chair Jessica Sangsvang and the Blood Drive committee for all of their hard work! During June, we wanted to thank our members with two exclusive events. The Magic Shred event on June 4 allowed TCBA members to bring up to five boxes of documents to be shredded for free. On June 7, we
hosted a Docket Call at City Works in The Shops at Clearfork. We are thankful for the new members that joined our association this year and the continued support of our membership through the 2017-2018 bar year. July 1, 2018 marks the beginning of the 2018-2019 Bar Year. Renewal invoices were sent out to all members during the first week of May. If you have not received your invoice, please check your spam folder. If you cannot find your invoice, please feel free to send me an email at lauren@tarrantbar.org. If you have not already renewed, make sure you renew now to avoid missing out on our upcoming events! We look forward to another great year with new CLE, events and programs, as well as the established programs and events you enjoy each year. In July, the TCBA and DBA have partnered for an Evening at the Races on Thursday, July 19 at 5:30 PM. On August 17, we will be hosting our second Breakfast with the Judiciary. All law students and attorneys that have been licensed for less than ten years are welcome to attend this event to get better acquainted with the Tarrant County Legal Community and hear about TCBA programs that can help lawyers as they are starting out. If you are interested in attending the event, please send me an email at lauren@tarrantbar.org. 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
Lawyers on the Move & R. Matthew Graham of R.E. Lopez & Associates in Plano is pleased to announce the opening of the firm’s Fort Worth office at 400 E. Weatherford, Suite 204, Fort Worth 76102. telephone: 469.209.7727 email: mgraham@northtxlaw.com
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in the News
Andrea M. Palmer, previously an associate with the Fort Worth law firm Anderson & Riddle, L.L.P., is now a senior risk management analyst with Higginbotham, headquartered at 500 W. 13th Street, Fort Worth, TX 76102, where she provides contract review and claims services to the firm’s commercial insurance customers. She can be reached at apalmer@higginbotham.net or 817.349.2503.
Adam L. Arrington, previously with the Salvant Law Firm, PC, is now practicing at Dunham & Jones, 1110 E. Weatherford St., Fort Worth 76102. Melissa Sircar, Tarrant County Bar Association Pro Bono Programs Director, was appointed to serve on the State Bar of Texas Standing Committee to the Poor in Civil Matters, term through 2021. She was also selected to participate in the inaugural NAPBPRO Leadership Academy (National Association of Pro Bono Professionals).
Kudos To:
"Among this group there are lawyers that fight for tens of millions of dollars or a person’s life, but the greatest successes are sometimes measured in the “smallest” of cases. Lance Evans responded to my request to assist my daughter’s friend, free of charge, and not knowing me from Adam’s house cat, because an injustice was being perpetrated. . . . Mr. Evans took my call even though I was a stranger to him and heard me out. Without hesitation, he agreed to help. For free. Long story short, at 4:50 on a Friday, before a Saturday graduation, Mr. Evans argued
successfully to a Denton County judge that this was a case of pettiness and bureaucracy run amok. The Court agreed. The young man will participate in graduation tomorrow. The dragon was slain. Mr. Evans reminded me why all of us got in this business; it ain’t dollars or pelts on the wall. I am proud to be a lawyer today thanks to him." James Roberts, Senior General Counsel at BNSF At its April board meeting in Fort Worth, the State Bar of Texas Board of Directors approved a resolution in honor of Judge Brent A. Carr for his service to the community. g
Olufunmilola Olanipekun Abigail Peak David Pitler Carl Qualls Chelsi Reichenstein William K. Rosenberry Griffin Scheumack Megan Smith Danielle Taylor Brandon Tittle Christopher Wilkes Allen L. Williamson
STUDENTS Carey Erff Desiree Lewis Enrica Martey
ASSOCIATES
2017-2018 President Tom Vick (right) presented resolutions to Judge Brent A. Carr (left).
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.
James Ellis Elizabeth Godwin Micah McBride Kyle Morris Patrice Parks Matt Sturrock Sue Turnage
Breakfast with the Tarrant County Judiciary for law students and attorneys with less than 10 years experience RSVP with Lauren McKnight at lauren@tarrantbar.org.
Friday, August 17, 2018 7:30 AM - 9 AM TCBA Offices Attorneys and law students can meet the Tarrant County Judiciary and learn about TCBA programs for their practice.
JULY/AUGUST 2018
▪ TCBA BULLETIN 15
Steve Laird
Steve Laird is one of the Top 100 Lawyers in Texas* There’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!
l aw
O ffi ces
o f
S t e v e n C . L a i r d, P. C . 817.531.3000
1119 PENNSYLVANIA AVENUE, FORT WORTH, TX 76104
www.texlawyers.com
Tarrant County Volunteer Attorney Services
O
TVAS Held Uncontested Divorce Clinic with Legal Aid of Northwest Texas
n May 22, 2018, Tarrant County Volunteer Attorney Services (TVAS) held an uncontested divorce clinic in partnership with Legal Aid of Northwest Texas (LANWT) and the Fort Worth Paralegal Association (FWPA). At TVAS’s uncontested divorce clinics, pro bono attorneys volunteer to meet and represent low income Tarrant County residents. LANWT prescreens applicants to ensure they are income eligible and to verify the divorce is uncontested. Paralegals of FWPA volunteer to prepare the pleadings and are on hand the evening of the clinic to make any changes required as a result of the attorney consultation. The pro bono attorneys file the divorce pleadings and represent the client through the conclusion of the divorce. This year Judge Judith Wells and Judge Josh Burgess started the evening off by speaking to the volunteers about the impact pro bono has on the community at large and within the court system. Both judges expressed their appreciation to the volunteers for providing pro bono representation to Tarrant County residents who would either go through the legal process pro se or simply be unable to navigate the system on their own.
The evening ended with time for the volunteers involved to network and visit with their fellow volunteers. TVAS thanks the following people for participating in the clinic: Katherine Allen Deborah Bankhead Norma Bazán Claire Blankenship Chris Brown Judge Josh Burgess Ola Campbell Maryanne Chiwuike Theresa Copeland John Corbin Nancy Gordon Kirsten Green Erik Hudak Doris Jackson Sam Johndroe Susy Johnson Katrina Lea
Monique Lopez-Hinkley Taylor McPherson Star Moore Margarita Morton J. Spencer Nilsson Janice Piggott Michele Rayburn Lynn Rodriguez Josh Ross Julie Sherman Ellena Simmons Keegan Sorenson Phillip Vasquez Philip Vickers Judge Judith Wells Melissa Wilks
TVAS is always looking for new volunteers to involved with the committee, attend a clinic, or take a case. If you are interested in assisting the TVAS program, please contact Melissa Sircar at melissa@tarrantbar.org. g Melissa Sircar Pro Bono Programs Director
JULY/AUGUST 2018
▪ TCBA BULLETIN 17
“Oh Snap!” A Loophole Around the Forum-Defendant Rule in Removal Cases
By John Polzer and Derek Carson
U
nder what is known as the “forum-defendant rule,” a lawsuit that is otherwise removable solely on the basis of diversity jurisdiction may not be removed to federal court “if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.”1 “Snap removal refers to the emerging litigation tactic used to circumvent the forum defendant rule.”2 Here’s how snap removal works: A non-forum defendant in a state court case removes the case to federal court on diversity grounds—even though one of the co-defendants is a forum defendant—by filing the notice of removal before the plaintiff has had an opportunity to formally serve the forum defendant. This tactic seizes on the language in § 1441(b) (2) limiting application of the forum-defendant rule to situations where a forum defendant has been “properly joined and served” as a defendant. If no forum defendant has been served as of the date of removal, the argument goes, then the forum-defendant rule does not bar removal. In Breitweiser v. Chesapeake Energy Corporation,3 the Honorable Jane J. Boyle, United States District Judge of the Northern District of Texas (“the Breitweiser Court” or “the Court”), addressed the legitimacy of snap removal in some detail. After surveying available authorities on the subject, the Breitweiser Court observed that district courts across the country had reached competing conclusions about the viability of snap removal, that appellate courts had not yet had an opportunity to address the issue, and that Congress remained silent on the question when it adopted
the Federal Courts Jurisdiction and Venue Clarification Act of 2011.4 The Court noted that the approach taken in the few cases from the Northern District of Texas that addressed snap removal (or what the Court called quasi-snap removal) had either denied remand or had granted remand on another basis. The Breitweiser Court then turned to the plain language of § 1441(b)(2). Reading the removal statute as a whole, the Court observed that the “properly joined and served” language appearing in § 1441(b)(2) also appeared in § 1446(b)(2), where it is required that all defendants generally must join in or consent to removal if they have been “properly joined and served.” The Court observed that Fifth Circuit precedent had construed § 1446(b)(2) as meaning that a defendant’s consent is not required until he has been served.5 Applying the plain text of § 1441(b) (2), the Breitweiser Court concluded that the non-forum defendant’s snap removal was proper. The Breitweiser Court rejected the plaintiffs’ argument that applying the statute’s plain language would lead to absurd results. The Court also noted that the relevant legislative history was inconclusive and that allowing a non-forum defendant to utilize snap removal did not undermine the policies of diversity-based jurisdiction—even though it was apparent that the defendants’ snap removal to federal court bore “the telltale signs of gamesmanship and forum manipulation.”. There are various implications and nuances to the rules governing snap removal that the Breitweiser Court
Texas Lawyers for Texas Veterans Tarrant County Chapter Thank you to the Law Office of Aleed J. Rivera, PLLC for sponsoring August's Free Legal Advice Clinic For Veterans.
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thoughtfully explored or noted in dicta or footnotes. Here are some principles that can be distilled from Breitweiser: •
•
•
•
•
For purposes of the forum-defendant rule, courts generally do not consider unserved forum defendants. Thus, if a non-forum defendant removes the case to federal court while any (and all) forum defendants are still unserved, the unserved forum defendants are ignored for purposes of the forumdefendant rule. Snap removals can occur only in cases where diversity jurisdiction is the sole basis of removal and where complete diversity of citizenship exists. First, the forum-defendant rule does not apply to removals based on federal question jurisdiction. Second, absent complete diversity, courts can simply remand for lack of subject matter jurisdiction. Appellate case law addressing snap removal is scarce and will continue to be. A district court’s order remanding a case is generally “not reviewable by appeal or otherwise.”6 Even where remand is denied, plaintiffs generally must litigate their case to final judgment before they can appeal.7 A plaintiff cannot avoid a snap removal by refraining from serving the non-forum defendant. Once the non-forum defendant files an answer in the state court, he is deemed to have made a general appearance under Texas law, which in turn means he no
28 U.S.C. § 1441(b)(2) (emphasis added). Importantly, the forum-defendant rule is not jurisdictional, but merely procedural. 2 Smethers v. Bell Helicopter Textron Inc., No. 6:16-CV58, 2017 WL 1277512, at *2 (S.D. Tex. Apr. 3, 2017) (citation omitted). 3 No. 3:15-CV-2043-B, 2015 WL 6322625, at *1 (N.D. Tex. Oct. 20, 2015). 4 Pub. L. No. 112-63, 125 Stat. 758; see also H.R. Rep. No. 112-10, at 11-12, reprinted in 2011 U.S.C.C.A.N. 576, 580. 5 Humphries v. Elliott Co., 760 F.3d 414, 417 (5th Cir. 2014). 6 28 U.S.C. § 1447(d). 7 Black Fire Fighters Ass’n, Inc. of Dall., Tex. v. City of Dall., 233 F. App’x 386, 386 (5th Cir. 2007). 8 See Tex. R. Civ. P. 121. 1
John Polzer is a partner with Cantey Hanger LLP law firm and an adjunct professor at Texas Christian University in both Master’s and Undergraduate law classes. He represents clients in areas such as commercial litigation, real estate, energy and construction. He can be reached at jpolzer@canteyhanger.com.
Wellness
longer needs to be served and is treated as having been “served.”8 At that point, he can remove the case to federal court if it is otherwise removable. Allowing a forum defendant to engage in snap removal would lead to an absurd result. But this could never happen because, in order to remove case, a defendant has to appear and answer in the state court. Once the forum defendant files an answer, he is deemed “served” under Texas law and cannot remove the case under § 1441(b)(2). g
Derek Carson is an associate with Cantey Hanger LLP law firm. He represents clients in commercial litigation with an emphasis on appeals. Previously, Mr. Carson served as a law clerk for the Honorable Terry Means. He can be reached at dcarson@canteyhanger.com.
Tarrant County Lawyers Concerned for Lawyers
Corner T
• Wellness • Stress & Anxiety • Depression & Bipolar
arrant County is a fellowship of recovering lawyers and law students formed for the purpose of supporting our members in the maintenance of their own recovery and to serve as a window to recovery for those who still suffer from the disease of alcoholism/ chemical dependency or other forms of addiction, de• Suicide Prevention pression, anxiety, and/or other mental health disorders. g
• Substance Abuse • Cognitive Decline
https://www.tlaphelps.org/ Call 1.800.343.8527 (TLAP)
Every Friday
Noon at FUMC @ Henderson and 5th Street, Room 231 For questions or more information: TarrantLCL@gmail.com JULY/AUGUST 2018
▪ TCBA BULLETIN 19
Snippets
Civil and Criminal
by Judge Bob McCoy g County Criminal Court No. 3
GET TO KNOW THIS JUDGE
County Criminal Court No. 3 Judge Bob McCoy’s five favorite historical movies: 1. The Alamo (John Wayne) 2. Rob Roy (Liam Neeson) 3. Braveheart (Mel Gibson) 4. Lawrence of Arabia (Peter O’Toole) 5. A Man for All Seasons (Paul Scofield)
ASK JUDGE BOB
Judge Bob, what is the “fair market value” of property for the purpose of calculating damages? “Fair market value” is “the price the property will bring when offered for sale by one who desires to sell, but is not obliged to sell, and is bought by one who desires to buy, but is under no necessity of buying.” Balderas-Ramirez v. Felder, 537 S.W.3d 625, 628 (Tex. App.— Austin 2017).
MOSES’ AND RAMSES’ MONTHLY PARAPROSDAKIAN (a
figure of speech in which the latter part of a sentence or phrase is surprising or unexpected; frequently humorous) Some people hear voices. Some see invisible people. Others have no imagination whatsoever.
Moses
THE DANES’ QUOTE OF THE MONTH
Ramses
In fact, now I come to think if it, do we decide questions, at all? We decide answers, no doubt: but surely the questions decide us? It is the dog, you know, that wags the tail— not the tail that wags the dog. Lewis Carroll, letter to Marion Richards, 1886.
CRIMINAL ITEMS OF INTEREST 1. Brady v. Maryland
The suppression of evidence favorable to a defendant violates his due-process rights if the evidence is material either to guilt or punishment, without regard to the good or
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Co-Editor Judge Carey Walker, County Criminal Court No. 2
bad faith of the prosecution. To establish a Brady violation, a defendant must show: (1) the State suppressed evidence; (2) the suppressed evidence is favorable to the defendant; and (3) the suppressed evidence is material. Morris v. State, 530 S.W.3d 286 (Tex. App.—Houston [1st Dist.] 2017).
2. Witness Identification
To make a determination whether an impermissibly suggestive identification procedure gave rise to a substantial likelihood of irreparable misidentification, courts weigh the following factors, deferentially in a light favorable to the trial court’s ruling: (1) the opportunity of the witness to view the suspect at the time of the crime, (2) the witness’s degree of attention, (3) the accuracy of the witness’s prior description of the criminal, (4) the level of certainty demonstrated by the witness at the confrontation, and (5) the length of time between the crime and the confrontation. Tutson v. State, 530 S.W.3d 322 (Tex. App.—Houston [14th Dist.] 2017).
3. Circumstantial Evidence
Circumstantial evidence is direct proof of a secondary fact that, through logical inference, demonstrates an ultimate fact to be proven. Circumstantial evidence is as probative as direct evidence in establishing the guilt of the alleged actor, and circumstantial evidence alone can be sufficient to prove guilt. The same standard of review is used for both circumstantial and direct evidence. “Each fact need not point directly and independently to the guilt of the appellant, as long as the cumulative force of all the incriminating circumstances is sufficient to support the conviction.” Jackson v. State, 530 S.W.3d 738 (Tex. App.—Houston [14th Dist.] 2017).
4. Lesser-Included Offense
Whether a defendant is entitled to a requested lesser-included offense instruction requires a two-step analysis. “We first consider whether the offense contained in the requested instruction is a lesser-included offense of the charged offense. If so, we must decide whether the admitted evidence supports the instruction.” In determining whether the lesser-included offense is included in the proof necessary to establish the charged offense, a court must compare the elements as alleged in the indictment with the elements of the potential lesser offense. Therefore, an offense is a lesserincluded offense of another if the indictment for the greater offense alleges all of the elements of the lesser offense. Whaley v. State, 530 S.W.3d 811 (Tex. App.—Amarillo 2017).
5. Probative value Weighed Against Prejudicial Effect
Under Rule 403, the court “may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, or needlessly presenting cumulative evidence.” In making the Rule 403 determination, a 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 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. Jones v. State, 531 S.W.3d 309 (Tex. App.—Houston [14th Dist.] 2017).
6. Statements of Defendant
There are three theories by which a defendant may claim that his statement was not made voluntarily, knowingly, and intelligently and thus may not be used against him: (1) failure to comply with Miranda; (2) violation of due process; or (3) failure to comply with article 38.22 of the Texas Code of Criminal Procedure. Cervantes-Guervara v. State, 532 S.W.3d 827 (Tex. App.— Houston [14th Dist.] 2017).
7. Evidence
There are three elements to obtaining the instruction under article 38.23. The first mandates that the evidence heard by the jury must raise an issue of fact, while the second and third require that the evidence on that fact issue be affirmatively contested, and the issue be material to the lawfulness of the conduct used in obtaining the evidence. Smith v. State, 532 S.W.3d 839 (Tex. App.—Amarillo 2017).
CIVIL ITEMS OF INTEREST 1. Theory of Recovery
A defendant has no obligation to complain about a plaintiff ’s omission of an independent theory of recovery; rather, the burden to secure proper findings to support that theory of recovery is on the plaintiff, and a plaintiff who fails to satisfy that burden waives that claim. United Scaffolding, Inc. v. Levine, 537 S.W.3d 463, 480 (Tex. 2017).
2. Contract
A contract must include essential terms: the names of the parties, property at issue, and each party’s basic obligations. A contract is legally binding “if its terms are sufficiently definite to enable a court to understand the parties’ obligations.” NBL 300 Group v. Guadalupe-Blanco River Auth., 537 S.W.3d 329, 334 (Tex. App.—San Antonio 2017).
3. Language of a statute
“A court may not judicially amend a statute by adding words that are not contained in the language of the statute. Instead,
it must apply the statute as written.” Twin Creeks Gold Group v. Sunset Ridge Owners Ass’n, Inc., 537 S.W.3d 535, 541 (Tex. App.— Austin 2017).
4. Federal Arbitration Act
“Because arbitration is contractual in nature, the FAA generally ‘does not require parties to arbitrate when they have not agreed to do so.’” Steer Wealth Mgmt.v. Denson, 537 S.W.3d 558, 565 (Tex. App.—Houston [1st Dist.] 2017).
5. Garnishment
A garnishment proceeding necessarily involves three parties: a creditor, a debtor, and a third person who has some obligation to the debtor. “Garnishment is a creditor’s action against his debtor’s debtor to obtain payment of what is owed the creditor.” Leslie Wm. Adams & Assocs. v. Amoco, 537 S.W.3d 571, 574 (Tex. App.—Houston [1st Dist.] 2017).
6. Injunctive Relief
A litigant is entitled to a jury trial when injunctive relief is sought. Livingston v. Livingston, 537 S.W.3d 578, 587 (Tex. App.— Houston [1st Dist.] 2017).
7. Fraud
A promise of future performance constitutes an actionable misrepresentation if the promise was made with no intention of performing at the time it was made. … “Intent is a fact question uniquely within the realm of the trier of fact because it so depends upon the credibility of the witnesses and the weight to be given to their testimony.” The evidence of fraud, rather, the proponent must present evidence the defendant made representations with the intent to deceive and with no intention of performing as represented. Lowry v. Tarbox, 537 S.W.3d 599, 612 (Tex. App.—San Antonio 2017).
QUOTE OF THE MONTH
The quality of mercy is not strained, It droppeth as the gentle rain from heaven Upon the place beneath: it is twice blessed; It blesses him that gives and him that takes. —William Shakespeare, The Merchant of Venice
OLD NEWS
The Birth of Ruby Red As the October 1929 citrus harvest season progressed in the Rio Grande Valley, two nursery men in Hidalgo County discovered a red-fruited grapefruit in their pink-grapefruit orchard. It was a mutation, called a “sport,” but its color and flavor promised a juicy bonanza. A.E. Henninger of Mission won a coin flip for the right to the plant, which he named the Ruby Red. As word of the new fruit spread, other growers also discovered natural red sports in their orchards, and each added his own name to the Ruby Red designation. Growers eventually agreed to use only the Ruby Red name, and it became the first grapefruit granted a U.S. patent. g
JULY/AUGUST 2018
▪ TCBA BULLETIN 21
Texas Lawyers for Texas Veterans
Tarrant County Chapter
T
TLTV Volunteers Make a Difference!
LTV holds its monthly legal clinics on the 3rd Friday of every month, except March and December. Every month the clinic is completely staffed by volunteer attorneys, paralegals, and law students. Many of the volunteers are incredibly dedicated and return month after month to provide pro bono consultations to veterans and often to take a case or two for pro bono representation. Some of the volunteers only participate for one or two clinics to satisfy a requirement for their firm or law school. Regardless of whether they come every month or only once, every volunteer makes a positive impact on the life of a veteran. Veterans come into the clinic for all kinds of legal issues. Some need help with a family matter: they need a divorce; they want help getting to see their kids; they need guidance on how to handle a child support issue. Some need help with estate planning or probate: they want a will; they need help probating a will; they need help setting up a special needs trust. Some need general civil litigation help: guidance on an employment issue; advice on a contractor dispute; input on how to handle a small claims matter. Many need assisKatherine Allen Wallace Atkins Allison Baker Alex Bennett Todd Bowers Bob Brown Claire Brown Caroline Bromlie Jessica Bukert Ola Campbell Samantha Caskey Marvin Chapman Lee Chedister John Corbin Ali Crocker Carol Cross Brian Danilowicz Candace Davis Michele DeLotto Callie Dodson Bryan Dorsey Thomas Duffy Preston Dugas Rebecca Eaton
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Freida Edwards-King Renee Evins Austin Franklin Phillip Garner Atticus Gill Sim Goodall Mireya Granados Tawana Gray Kirsten Green Chris Hamilton Katie Hawkins Jacob Hugentobler Charles Jackson Sam Johndroe John Johnson Jill Johnston Karon Keller Deborah Krane Miranda Leach Bonny Link Derek Lipscomb Steven MacFarlane Robert Martinez Bryan May
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tance with a housing issue: eviction; code compliance, etc. Every veteran who comes to our clinic is seen by a paralegal or law student who completes the intake and an attorney for consultation on the legal matter. At a TLTV clinic every veteran qualifies for a consultation. Some veterans who meet financial income guidelines (200% or less of federal poverty level) can also qualify for pro bono representation. Most of these veterans would never receive any legal advice if it wasn’t for the TLTV clinic. The most important thing that makes the legal clinics possible is VOLUNTEERS. Without the volunteers the clinics simply wouldn’t happen. There is only one TCBA staff person for a clinic that requires 25-40 people to staff. Volunteers are the lifeblood of the program. So whether you volunteer every month or you only volunteer once, you are needed and your efforts are appreciated. So as we close out the 2017-18 TCBA bar year and begin the 2018-2019 bar year, TLTV would like to thank everyone who has volunteered during TCBA’s 2017-18 bar year. g Michael McBride Kelsey McGlothin Zoe Meigs David Miles Jason Miller Ron Miller Brook Miscoski George Muckleroy Kim Naylor Kathleen Nink Kathleen Pack Hannah Parks Roland Pezzimenti Elizabeth Pham Steve Poston Aleed Rivera William Rivera Lynn Rodriguez Leslie Robnett Greg Roper Kathy Roux Karon Rowden Tom Ryder Bill Sargeant
Carrie T. Schilling Sarah Seltzer Willie Shipp Austin Siewert Kelsey Simcox Maria Sisk Matthew Smith Meg Smith Chris Tharp Edith Thomas Beth Thurman Naomi Trejo Carranza Robyn Trosper Rosa Turner Fannie Valcomb Carla Vida Trevin Ware Brandon Weaver Kyle Weldon George White Jeff Whitfield Melissa Wilks Ashleigh Williams Michael Windus
BENEFITS OF MEMBERSHIP The 2018-2019 TCBA Bar year has begun!
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.
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Texas Lawyers for Texas Veterans Tarrant County Chapter
Upcoming TLTV Clinics
TLTV in the News
Friday, July 20, 2018 Tarrant County Bar Association, 1315 Calhoun St., Fort Worth, TX 76102
News Story Free Services Available For Texas Veterans Having Civil Legal Issues https://dfw.cbslocal.com/2018/06/26/freeservices-texas-veterans-civil-legal-issues
Friday, August 17, 2018 Tarrant County College, South Campus 5301 Campus Drive, Fort Worth, TX 76119 If you are interested in volunteering for a TLTV clinic, please contact Melissa Sircar at melissa@tarrantbar.org or 817.338.4092. g
Tarrant County Volunteer Attorney Services "TVAS"
Save the Date TVAS Needs Volunteers Tarrant County Volunteer Attorney Services (TVAS) is a pro bono community ser vice program under the Tarrant County Bar Foundation.
for an
Uncontested Divorce Clinic
on Tuesday, October 16, 5:00 p.m. - 8:00 p.m. at the TCBA Bar Center Contact Melissa Sircar if you are interested in volunteering at 817.338.4092 or melissa@tarrantbar.org JULY/AUGUST 2018
â–Ş TCBA BULLETIN 25
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.
Elder Law Handbook Now Available
T
he newly-revised Elder Law Handbook is now available. The Handbook is intended as an overview for non-lawyers of elder law topics, including social security and medicare, plus other topics of interest to the elderly and their caregivers, such as consumer protection. The electronic version is available at https://tarrantbar.org/ community/elder-law-handbook/. For information on the availability of print copies, contact Lauren McKnight at lauren@tarrantbar.org. The Handbook is a project of the Elder Law Committee of the Tarrant County Bar Association and is underwritten by the Tarrant County Bar Foundation. Typically committee revises and updates the Handbook in the months following a session of the Texas Legislature. In addition to the Handbook, the committee provides speakers on elder law topics for interested non-profits and community groups, subject to availability. To request a speaker or for more information, contact Lauren McKnight, lauren@tarrantbar.org. g
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 Ami Decker, 817.735.0005 or ajd@famlawtex.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. 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.
26 www.tarrantbar.org
▪ JULY/AUGUST 2018
Space For Lease in the historic
Tindall Square Office Complex in Downtown Fort Worth
■ ■ ■ ■ ■ ■
Parking available Up to 10,000 square feet of office space available with rates starting at $19.50 psf. Current office tenant base includes attorneys, private investment firms and accountants. Executive suites for attorneys available, call for details. Secure record storage facility conveniently located on site with rates as low as $120/month Within walking distance to local restaurants and Sundance Square Office Space and Record Storage Space Available Immediately
Contact Debara Herring ■ 682.316.2072 dherring@rochester-group.com 500 East 4th Street, Suite 175 ■ Fort Worth, Texas 76102
In Dee S. Finley, Jr. 1944-2018
F
ort Worth attorney Dee Finley passed away May 9th. Dee was a man of faith; family and friends are confident he now dwells with his Lord and Savior Jesus Christ. Dee is survived by his wife Becky, whom he wed in 1969, their children Erin, Sarah and Ross, and their four grandchildren. Dee obtained his undergraduate and law degrees from the University of Texas. In 1977, Dee and Charlie Harris started the law practice that is now Harris, Finley & Bogle, PC. In addition to being an avid golfer and staunch supporter of his beloved Longhorns, Dee was an active member of his firm and his community. Among myriad roles, Dee served many years as managing shareholder of HFB, he was chairman of the Colonial PGA TOUR Golf Tournament from 20022004, and in 1974 was President of the Tarrant County Young Lawyers Association. Dee was a mentor to many young HFB attorneys. He received the Boy Scouts of America Law Good Scout Award in 2012. Dee was on the Board of Trustees of Baylor All Saints Medical Center and, among other charitable endeavors, served many years on the Board of Directors of Hope Farm. Dee was a Life Fellow of the Texas Bar Foundation, was Board Certified in Commercial Real Estate Law, and was a former member and chairman of the Real Estate Law Advisory Commission to the Texas Board of Legal Specialization. g Submitted by Harris, Finley & Bogle, P.C.
Memoriam James Dan Moorhead 1949-2018
L
oving father, friend, and litigation attorney, James Dan Moorhead, passed away Thursday, June 14, 2018. Memorial services were held at Trinity United Methodist Church in Arlington, at which he was a member and Sunday School leader. Dan was born in Wichita Falls, Texas, on March 26, 1949. There he attended high school and grew up with his two brothers, Charlie and Ken. In college, Dan was a proud Longhorn and spirited brother of Pi Kappa Alpha fraternity. He went on to graduate from law school at Texas Tech in 1977 and was active in the Texas Bar Foundation since 2006. Dan's love for the law led him to tackle many exciting and precedent setting cases. A solo practitioner, he authored the first "double derivative" suit in Texas, which was recognized by a Texas Appellate Court. Most recently, he was of co-council with the firms of his colleagues and friends, Tom Farrier of Fort Worth and Dan Carney of Weatherford. Dan was a former managing partner of Hill, Gilstrap, Moorhead, White, Bodoin and Webster, when he met his second wife, Beth Moorhead. His greatest joys outside of their daughter, Annie, and his profession were fishing; walks on the beach with his longtime friend, Mack Gibson; and driving for the local Meals on Wheels chapter in Arlington. His life, humor and happiness will be long celebrated and missed by many. g Published in Star-Telegram on June 17, 2018
Albert Clay Ross 1935-2018
A
lbert Clay Ross passed away at home on June 12, 2018 at the age of 83 years. He moved to Arlington in 1944 at the age of 9, attended the University of Texas, proudly served as a JAG officer in the USAF in Little Rock Arkansas
and practiced law in Arlington for over 55 years. He is survived by his wife of 58 years, Fern, daughters Katherine and Elizabeth and grandson, Ross Chavez; brothers Hugh Ross and wife, Kathy, and Martin Ross and wife, Brenda; numerous nieces, nephews, and cousins and a host of family and friends. g Published in Star-Telegram on June 14, 2018 JULY/AUGUST 2018 TCBA BULLETIN 27
â–Ş
It's All Happening Around the Bar Law Day Awards & Dinner
2017 Blackstone Award Recipient David Keltner (right); Kleber Miller (left)
2018 Silver Gavel Award Recipient Bill Meier (left); Neal Adams (right)
2018 Professionalism Award Recipient Larry Moore (left); Sharen Wilson (right)
2018 Outstanding Mentor Award Recipient Gerald Pruitt (left); Jessica Sangsvang (right)
2018 Outstanding Young Lawyer Recipient Tennessee Walker (right); Roland Johnson (left)
Texas Supreme Court Justice Eva Guzman (center); Marianne Auld (left); Tom Williams (right)
Swearing-In Ceremony
28 www.tarrantbar.org
â–Ş JULY/AUGUST 2018
It's All Happening Around the Bar RBG Screening
Magic Shred Event
Docket Call Social
Summer Clerk Luncheon
JULY/AUGUST 2018
â–ª TCBA BULLETIN 29
Member Benefits Vendor List TCBA members may take advantage of discounts provided by the following vendors:
ABA Retirement Funds Program provides full-service 401(k) plans to benefit the legal community. To learn more, contact local rep. Jacob Millican at 817.451.5020 or visit www.abaretirement.com.
Bar Bulletin â–Ş July/August 2018 Tarrant County Bar Association 1315 Calhoun Street Fort Worth, TX 76102-6504 ADDRESS SERVICE REQUESTED
PRESORTED STANDARD U. S. POSTAGE PAID FORT WORTH, TX
PERMIT 1807
AMO Office Supply offers TCBA members the lowest price guaranteed on office supplies, with next-day delivery and free shipping! Call 800.420.6421. Falcon Litigation Solutions offers discounts on copying, litigation displays, trial boards, etc. Call 817.870.0330. Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed material - business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817.577.0572. Fort Worth Zoo discount tickets - $11.00 adult, $8 for child or senior. For tickets, contact anne@tarrantbar.org or 817.338.4092. If mailing or charging tickets, add 50 cents. Texas Rangers Baseball discount tickets are available by going to www.texasrangers.com/tickets, selecting a game and entering the coupon code. Contact Sherry Jones for the coupon code by email at sherry@tarrantbar.org. UPS - TCBA has signed an agreement with UPS for TCBA members to receive discounts on shipping. The discounts vary according to the type of shipment, so check out UPS for your needs at www.ups.com or 1.800.PICK.UPS. For IT Help: Juris Fabrilis - Cool Tools for Lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101. For Shredding and Document Disposal: Magic Shred is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Call the TCBA office for details. Expanco is N.A.I.D. AAA-Certified documentdestruction service offering 40% off to TCBA members. Mention your TCBA membership when scheduling an appointment to receive this discount on your invoice. Thomson Reuters Exclusive TCBA offer of 10% off Firm Central subscriptions to Bar members* Please contact Amanda Olson, your local Account Executive, for more information at: Amanda.Olson@tr.com. g
If any of your contact information is incorrect, please submit the corrected information to the TCBA office at 817.338.4092, fax to 817.335.9238 or email to lauren@tarrantbar.org.
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