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, 2015-2020) - Thomson Reuters
Honored to be inducted into the International Society of Barristers
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O ffi ces
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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
Contents
Tarrant County Bar Association
Features
817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org
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Congratulations to the 2020–2021 President’s Award Recipients
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TCBA Welcomes its 2021–2022 Officers & Directors
2021–2022 Officers
President...............................Kimberly Naylor President-Elect.........................Karen Denney Vice President....................................Lu Pham Secretary-Treasurer....................Scott Lindsey
Directors Term Ends 2022
Director.....................................John Lively, Jr. Director........................................Dana Manry Director........................................Lynn Winter
Term Ends 2023
Director...................................John Brookman Director..........................................Cheryl Leb Director..............................Marvina Robinson
2021–2022 Appointed Directors
Appointed Director....................Mary Barkley Appointed Director...........J. Michael McBride
Tarrant County Young Lawyers Association
Fall 2020 President..................Andrea Palmer Fall 2021 President...............Brian Singleterry Immediate Past President............Gary Medlin Executive Director....................Megan Cooley Ex-Officio Members State Bar of Texas Director.................................Kimberly Naylor Director................................Jason C.N. Smith 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.
3 Kimberly Naylor TCBA President, 2021–2022
Departments 3 4 5 6 8 11 12 13 14 15 18 21 24 25
President’s Page YLA Snapshot 100 Club Lawyer Referral & Information Service News Judicial Profile - Judge Scott Wisch, 372nd District Court LegalLine Texas Lawyers for Texas Veterans Tarrant County Volunteer Attorney Services Lawyers on the Move & in the News Membership Report CLE Corner Benefits of Membership Snippets Other Associations’ News & Information
LOOKING AHEAD:
WE ARE EXCITED TO SEE YOU SOON!
Tarrant County Bar Association plans to open to smaller meetings such as committees in August, and to reopen for all meetings in September. Keep your eye on TCBA’s weekly email, Bar Bulletin, and www.tarrantbar.org for reopening information. JULY/AUGUST 2021
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TARRANT COUNTY BAR ASSOCIATION
CLE Membership Luncheon PRESIDENT’S UPDATE
Tuesday, July 13
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City Club
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1 Hour CLE
11:45 AM–1:00 PM
KEYNOTE SPEAKER:
SYLVIA BORUNDA FIRTH STATE BAR OF TEXAS PRESIDENT, 2021–2022
Sylvia Borunda Firth is a solo practitioner in El Paso. Prior to establishing her own firm, she was an associate with two El Paso firms, general counsel to American Garment Finishers, and served the city of El Paso for nearly 20 years. During her time with the city, she was an assistant city attorney, director of intergovernmental affairs, chief of staff to the mayor, and ultimately the city attorney. Borunda Firth was on the State Bar of Texas Board of Directors from 2014 to 2018. She formerly served as vice chair of the State Bar of Texas Local Bar Services Committee and on the Council of the State Bar of Texas Government Law Section and on the Board of Directors of the Texas Bar Foundation. She is also a multiyear member of the Texas Bar College. Borunda Firth is a past president of the Texas City Attorneys Association and served on the El Paso Bar Association Board of Directors. She earned her J.D. from the University of Texas School of Law in 1984. The luncheon is hosted by the Tarrant County Bar Association. It will be held at City Club on Tuesday, July 13, 11:45 a.m. City Club is located at 301 Commerce Street (2nd Floor) in downtown Fort Worth. Cost for lunch is $22 for members with reservations and $30 for guests and those without reservations. Dress is business casual - suit and tie not required. The Membership Meeting will include the installation of TCBA 2021-2022 Board of Directors, and the passing of the gavel by Immediate Past President Gary Medlin to Incoming President Kimberly Naylor.
Register at www.tarrantbar.org/julyluncheon2021 After registering, please review TCBA’s event protocols in the confirmation email. If you have any questions, please contact Megan Cooley at megan@tarrantbar.org. Face coverings and social distancing at the event are requested for those who are not fully vaccinated to maintain the health of the public and participants. TCBA cannot guarantee that those in attendance will not become infected with Covid-19. Participants of the event acknowledge the contagious nature of Covid-19, and by attending, voluntarily assume the risk of exposure or infection by attending the event. Thank you for the support of Bar and cooperation with TCBA’s efforts to provide a safe event.
PRESIDENT’S PAGE
I
am honored, humbled and thrilled to serve as TCBA President for 2021–2022.
ABOUT ME:
For those of you who don’t know me, I am a graduate of Texas Tech University School of Law and practice family law. I am Board Certified in Family Law by the Texas Board of Legal Specialization. I practice law with my husband Steve Naylor, at Naylor & Naylor, P.L.L.C. in Fort Worth. Prior to teaming up with my husband, I was a partner at Loveless & Naylor where I practiced family law with Jim Loveless, my friend and mentor. I am also a member of the Family Law Council of the State Bar of Texas and past Grievance Committee Member for District 7. I have also just been elected to serve on the Board of Directors (District 7) of the State Bar of Texas. Steve and I have one daughter, Ainsley, who just graduated high school and will be attending Texas A&M University in the Fall.
HOW I FIRST BECAME INVOLVED WITH THE TCBA – COMMITTEE INVOLVEMENT:
My first involvement with the TCBA was when I filled out my application to join the TCBA and I checked the box of what committees I was interested in. I became a member of the Fee Arbitration Committee and Lawyer’s Against Domestic Violence Committee. This was early in my career as a lawyer and honestly, I didn’t really know what to expect. But after serving on those committees, I quickly realized that the TCBA had so many opportunities to serve, learn, network and just have fun. Most committees do not require a significant time commitment and it is a great opportunity to meet so many attorneys from different areas of practice.
THANK YOU TO MY PREDECESSORS:
I have to take a moment to brag a little bit on my predecessors who served as President of the TCBA during the pandemic. When Covid-19 hit in March of 2020, Justice John Cayce was the TCBA president. Justice Cayce jumped right in and continued to lead the TCBA with complete confidence through what was an extremely difficult time. When Gary Medlin took over as President in July 2020, he continued with the same steadfast approach to leading the TCBA through this pandemic. I have to be honest, however, that I am so grateful to take the reins as President of the TCBA at the END of this pandemic.
by Kimberly Naylor
The past year has been difficult for all of us but I am happy to begin seeing my friends and colleagues at bar events and at the courthouse. Many of our new board members have only participated in Zoom board meetings so we are planning to start off the 2021–2022 bar year with live meetings for those who feel comfortable.
MY FOCUS FOR 2021–2022:
GETTING BACK TO NORMAL! I look forward to having board meetings in person, scheduling social events and seeing everyone’s smiling, unmasked faces. We certainly recognize that everyone’s comfort level is different and we intend to take that into consideration when planning events which will include hybrid options. One good thing that has come out of the pandemic is that we had to quickly learn the technology necessary to continue the work of the TCBA. We learned to conduct meetings remotely and became experts at offering excellent CLE. Since the beginning of the pandemic in March of 2020, the TCBA offered 50 different remote CLE presentations and 28 of those CLE’s were of no cost to our members. Now is a great time to get involved with the TCBA. One of my goals as President this year is to increase committee involvement and have more diverse leadership in those committees. Out of our more than 2500 members, we need representation from different sized firms, attorneys with varying years of experience and attorneys from all areas of practice. I hope that you will consider becoming a member of a committee – we need your help. It does not involve a huge time commitment and I promise you will feel good about serving.
HERE IS WHAT IS GOING ON:
I am looking forward to TCBA’s Membership Luncheon on July 13, 2021 and hope to see many of you at the event at City Club. Sylvia Borunda Firth, the new President of the State Bar of Texas, will speak to our group, and Judge Lori DeAngelis will install TCBA’s new board of directors. TCBA is spending the summer getting ready for a busy fall of events and CLE programs, and it is installing some technology upgrades at the Bar to better serve our members when regular meetings resume at the building. The Bar Building will be open to small meetings this summer with an anticipated return to regular events in the fall. Chairs of TCBA’s sections and committees will meet in August to begin planning their programs. It’s a great time to get involved and offer suggestions on what type of programming will help you in your professional develop. You can stay involved in the activities through TCBA’s weekly Monday emails, its website, and announcements through the various e-communities set up for sections and committees. g JULY/AUGUST 2021 TCBA BULLETIN 3
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YLA Snapshot
2021–2022 TCYLA Board
Andrea Palmer 2020–2021 TCYLA President
S
ummer marks the end of terms for those on the TCYLA Board. I haven’t accomplished everything I hoped to this past year, but I’m so proud of this Board and what we did get done. We presented online CLEs, gathered for zoom trivia, played socially distanced softball, sent out care packages, and slowly but surely we are ramping back up with our in-person events. Please hold your calendars!
President Brian Singleterry
President-Elect Secretary-Treasurer Aulstin Gardiner Spencer Mainka
Networking Happy Hour with Higginbotham Insurance Agency, Inc. Wednesday, July 21 | Maggie’s R&R Fall Fiesta Wednesday, September 15 | Joe T. Garcia’s
Director Director Director Collin Ashworth Dr. Priscilla Bowens Caroline Brownlie
TCYLA Golf Tournament
Monday, November 15 | Mira Vista Country Club Please join me in welcoming our 2021–2022 TCYLA Board: • President, Brian Singleterry (Judicial Law Clerk, U.S. District Court) • President-Elect, Aulstin Gardiner (Tarrant County District Attorney’s Office) • Secretary-Treasurer, Spencer Mainka (Pham Harrison, LLP) • Director, Collin Ashworth (Tarrant County District Attorney’s Office) • Director, Dr. Priscilla Bowens (Imperative Care) • Director, Caroline Brownlie (Kelly Hart & Hallman) • Director, Ola Campbell (Law Offices of Ola Campbell) • Director, John Easter (Padfield & Stout, LLP) • Director, Austin Franklin (Kelly Hart & Hallman) • Director, Elizabeth Haslam (Stoy Law Group, PLLC) • Director, Serech Kissire (Patterson Law Group) • Director, Harrison Smith (Anthony | Kennedy PLLC, LLP) • Director, Ty Stimpson (Tarrant County District Attorney’s Office) • Director, Jeffrey M. Tillman (Brackett & Ellis, P.C.) I will be moving to the board of the Texas Young Lawyers Association, serving as a Director for District 10, alongside former TCYLA President Martin Garcia. Thank you for letting me serve as your President this year. I look forward to continuing to serve the young attorneys of Tarrant County on the TYLA Board, and can’t wait to see all of you in person soon! g 4 www.tarrantbar.org JULY/AUGUST 2021
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Director Ola Campbell
Director John Easter
Director Austin Franklin
Director Elizabeth Haslam
Director Serech Kissire
Director Harrison Smith
Director Ty Stimpson
Director Jeffrey M. Tillman
Members of the 2021–2022
100 Club *List Reflected Below is as of July 1, 2021
Adams, Lynch & Loftin, P.C. Anderson & Cummings, LLP Baker Monroe, PLLC Barlow Garsek & Simon, LLP Blaies & Hightower, LLP Bonds Ellis Eppich Schafer Jones, LLP Bourland, Wall & Wenzel, P.C. Brackett & Ellis, P.C. Broude Smith Jennings & McGlinchey, P.C. Brown, Proctor & Howell, LLP Curnutt & Hafer, LLP Decker Jones, P.C. Dismuke & Waters, P.C. Forshey & Prostok, LLP Friedman, Suder & Cooke, P.C. Griffith, Jay & Michel, LLP Harris, Finley & Bogle, P.C. Harrison Steck, P.C. Haynes and Boone, LLP Holland, Johns & Penny, LLP Jackson Walker, LLP K&L Gates LLP Kelly Hart & Hallman LLP Killen & Dennis, P.C. KoonsFuller, P.C. Linebarger Goggan Blair & Sampson, LLP
Lively & Associates, PLLC McDonald Sanders, P.C. Moses, Palmer & Howell, LLP Murphy Mahon Keffler & Farrier, LLP Naman Howell Smith & Lee, PLLC Nelson Bumgardner Albritton, P.C. Noteboom Law Firm Padfield & Stout, LLP Pham Harrison, LLP Phelps Dunbar, LLP Pope, Hardwicke, Christie, Schell, Kelly & Taplett, LLP Seltzer & Dally, PLLC Taylor Olson Adkins Sralla & Elam, LLP The Blum Firm, P.C. The Colaneri Firm, P.C. The Second Court of Appeals Thompson & Knight, LLP Udeshi Law Firm, PLLC Underwood Law Firm, PLLC Varghese Summersett, PLLC Watson, Caraway, Midkiff & Luningham, LLP Whitaker Chalk Swindle & Schwartz, PLLC Whitley Penn, LLP Wick Phillips Winstead, P.C.
100 Club
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 2021–2022 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 St. Clair at 817.338.4092 or email her at laurensc@tarrantbar.org. g JULY/AUGUST 2021
▪ TCBA BULLETIN 5
LAWYER REFERRAL & INFORMATION SERVICE Consider Joining the LRIS Today
T
he Lawyer Referral & Information Service received a total of $180,738.63 in referral fees from July 1, 2020 to June 30, 2021. Special thanks to our members below who recently paid referral fees:
SPECIAL THANKS TO THE FOLLOWING ATTORNEYS Christopher Albert Jason Amon John Barber James Baudhuin Bill Brotherton Andrea Casanova Bill Catterton Ali Crocker Anita Cutrer Lori Dally John Davis Ryan Dobbs Sylvia Duarte Jonathan Fox Carter Hampton Earl Hargrave Kayla Harrington Andrew Hawkins
Mark Humphreys Christian Jenkins Kursten King J. Lyndell Kirkley Stephen Kotara Dustin Lee Andrew Leibowitz Robert Laudermilk Ted Machi Bruce Mansfield Mark Mansfield Edwardo Meza James Miller Dustin Payne Lauren Powell Will Pruitt Mia Rainey Eric Ransleben
Michael Remme David Robinson Karen Schroeder Andrew Seibert Sarah Seltzer Jeffrey Shearer Daniel Smith Maxwell Smith Carey Thompson Joshua Wahl Laurie Weir Bill White Joel Whitney Christopher Wilkes David Wright Shawna Young
News
WANT TO EXPAND YOUR CLIENT BASE? Join TCBA’s Lawyer Referral & Information Service (LRIS)
This Service is certified as a lawyer referral service as required by the State of Texas under Chapter 952, Occupations Code.
LRIS receives thousands of calls and emails a year from people in the community seeking to hire an attorney, and is a great way to connect you with the public. Please note that additional requirements apply to the following practice areas. Ֆ Bankruptcy Law Thank Ֆ Malpractice you all, we would not Ֆ Criminal Law Ֆ Personal Injury be here without you! Ֆ Family Law Ֆ Probate/Guardianship Ֆ Labor & Employment The LRIS application and more information can be found at www.tarrantbar.org/LRISdocuments.
Meet the newest TCBF Pro Bono Intern: Emily Flinchpaugh What year are you in law school?
I am a rising 2L at Texas A&M School of Law.
Why did you decide to pursue a career in law?
My passion for serving others has led me to pursue a career in law. At the heart of it, my main career goals are to connect with people and help them in meaningful ways. Being a lawyer will allow me to do that by giving me the opportunity to be a voice for people going through difficult times. 6 www.tarrantbar.org JULY/AUGUST 2021
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What’s something you’re looking forward to about working with the pro bono programs?
I am excited to gain real-world experience and help people who need legal assistance. Navigating legal problems can be challenging and overwhelming, so I look forward to connecting people to valuable resources.
What’s an interesting fact about you?
I am half Vietnamese and can speak the language conversationally. I have also taken classes to learn how to read and write in Vietnamese! g
PRESIDENT’S AWARD
Congratulations to the 2020–2021 President’s Award Recipients The President’s Awards recognize outstanding professionalism, legal accomplishments, and service to TCBA’s committees and sections. The following individuals made exceptional contributions during the 2020–2021 bar year in the following
ways. TCBA also expresses gratitude to the many committee members of each of the following committees who volunteered their time and talents to benefit the legal community over the past bar year:
Julia Sladek, Guardianship Services, Inc.
Harrison Smith, Anthony Kennedy, PLLC
Chair, Wellness Connections Committee For leading the Wellness Connections Committee in its planning and promotion of wellness programming to assist the legal community during a challenging year.
Chair, Diversity Committee For leading the Diversity Committee in its development of programming promoting diversity, inclusion, and equity in the legal community and Tarrant County.
Punam Kaji, Ben E. Keith Company
Angel Williams, Tarrant County Criminal District Attorney’s Office
Diversity Committee Member For outstanding assistance to the Diversity Committee in its development of programming promoting diversity, inclusion, and equity in the legal community and Tarrant County.
Chair, Brown Bag CLE Committee For leading the Brown Bag Committee in its planning of the TCBA’s first year of virtual CLE programming.
2020–2021 President Gary Medlin recently honored award recipients at TCBA’s Docket Call Social held June 30 at Joe T. Garcia’s.
Julia Sladek
Harrison Smith
Angel Williams
Punam Kaji
JULY/AUGUST 2021
▪ TCBA BULLETIN 7
JUDICIAL PROFILE
By Perry Cockerell, Perry Cockerell, P.C.
Judge Scott Wisch, 372nd District Court
A
fter graduating from Southwestern University with a degree in biology and chemistry, Judge Scott Wisch attended graduate school at UTHSCD, focusing on medical microbiology and immunology. Judge Scott Wisch could have been Dr. Scott Wisch, but after a year in graduate school, and later doing chemistry research at Dow Chemical, the future judge made a career change and applied to law school on a dare. When the University of Texas School of Law accepted him, he never looked back. Wisch was born in West Columbia, Texas, a small town 55 miles southwest of Houston in Brazoria County, where Texas Highways 35 and 36 intersect. As a historian, Wisch mentioned that Columbia served briefly as the First Capitol of the Republic of Texas and was the site of the 1st Congress of the Republic of Texas in 1836. He and his sister Dea were raised by Bud and Annette Wisch. Bud worked for Phillips Petroleum for 40 years, and Annette was a registered nurse. They also raised cattle on family land nearby. Wisch graduated from Columbia High School and from Southwestern University in Georgetown. After college he married his college sweetheart, Cheryl Lewis, at the Southwestern Chapel. During law school Wisch participated in the Prosecution Clinic with a practice bar card, allowing him to work in the Travis County District and County Attorney’s offices under supervision. He also did a Criminal Justice internship at the Austin Police. These two programs inspired his future course. Wisch graduated from the University of Texas School of Law in December 1980, six months early. After he took the Texas Bar Exam in February 1981, District Attorney Tim Curry hired him to start work in the Tarrant County District Attorney’s Office on April 1, 1981. Wisch learned from Curry’s leadership and remembers him saying, “You can’t always be right, but you can always try to do what’s right.” DA Curry encouraged lawyers to use good judgment and a decision, then move on to the next decision. His first court assignment was in the 323rd District Court, the juvenile court, with Judge Scott D. Moore, namesake of the current Juvenile Justice Center. “There were no referees or associate judges in those days.” His first partner in the Juvenile Section was Sharen Wilson (now Tarrant County Criminal District Attorney). His next rotations were in county criminal courts and 8 www.tarrantbar.org JULY/AUGUST 2021
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later criminal district courts. While assigned to Criminal District Court No. 2 during a judicial appointment lawsuit with assigned retired Judge Charles Lindsey, he got his first inspiration to someday be a judge. “Judge Lindsey was a visiting judge who, after an honorable career, got to come back to the courthouse and see colleagues and contribute to the justice system, which I thought was pretty cool at the time and a definite plus for being on the bench as a regular judge someday.” He later realized that many of the judges he appeared before were providing him with valuable lessons. During his rotation in the 297th Criminal District Court, Judge Charles Dickens told him: “Know the law and do your own research. Don’t just rely on the lawyers to tell you what it is.” Wisch said he “thought the world of Judge Dickens. He was a very bright and learned judge, and I learned a lot from my time in his court.” “Under Judge Gordon Gray, I learned that there can be mediation in criminal law. If the prosecutor was offering 10 years and the defense was offering 5 years, Judge Gray would say, “If you are that close, what’s wrong with 7?.’ He could constructively and persuasively point out compromise, and he often get the two sides to talk to each other.” Judge Louis Sturns “had the patience of Job, and I have strived to model that. He had a tone of dignity and calm in dealing with all. He, like my first misdemeanor court Judge Billy Mills, demonstrated the epitome of judicial temperment.” By 1986 Wisch became Board Certified in Criminal Law and had served as Felony Chief for two years. In 1987, after six and a half years as a prosecutor, he left the District Attorney’s office and joined with Don Hase and Wes Ball to form the firm of Ball, Hase & Wisch in Arlington. He remained with the firm until assuming the bench. In 1994 Judge Wisch had to make a tough decision. Republican Judge Pete Perez, elected in 1991, was the incumbent judge in the 372nd District Court. Wisch decided to challenge Judge Perez, and he informed the judge of his decision. Ultimately, Wisch won in the primary and later the general election and became the new judge on January 1, 1995. Perez never held his loss against Wisch. After the election Judge Perez gave Judge Wisch a Norman Rockwell painting showing members of the jury deliberating and trying to convince one juror to change her mind. The painting is autographed by Judge Perez and says: “To Scott Wisch, a great friend, a great judge. Pete Perez (Ret.).” “Grace and dignity is how I describe Judge Perez,” Judge Wisch said. “He would sometimes come and visit and greet me at judicial conferences like I was one of his kids. The way he treated
me afterwards humbled me. One of my proudest possessions is the Norman Rockwell painting.” Since taking the bench in 1995, Judge Wisch has only had one opponent run against him, a Democrat candidate in the 1998 election. The judge tries 12 to 30 jury trials per year. He has had two death penalty cases go to verdict. Nothing has been tried during the Covid pandemic. A typical Monday docket day under Covid protocols, with other days doing pleas, sentencings, probation hearings, and First Offender Drug Program (FODP) proceedings as Supreme Court rules allow, until recently mostly by Zoom. In normal times, trials begin on Tuesdays. Judge Wisch is the presiding judge of the felony First Offender Drug Program, which is designed to allow low level
felony drug offenders with no record a chance to be diverted from prosecution. “We have been trendsetters in Tarrant County since before my arrival, with open files, mental health and veteran’s diversion programs, intensive DWI alcohol treatment programs (FAIP) and others that over the years. Many have been adopted by other counties, or actually codified into law” he said. His focus has always been on improving the Texas criminal justice system. “Fix who you can, and jail the rest” (co-opted from Blue Bell Ice Cream’s “Eat what you can, and sell the rest”). “If I can keep a defendant productive in society and who poses no substantial risk to others, then that is my goal. I have to prioritize not only what is justice for a defendant, but also for society. For example, there are people who have serious medical or mental health problems that are undiagnosed, and they are self-medicating. There are some people who have no conscience. You can’t fix everyone, but when you can, you make the public safer and get taxpayers, vs a burden for taxpayers,” he said. “If it is not a violent crime and they are not presenting a danger to others, or self-destructive, then it is usually worth the risk. You have to take it on a case by case basis and let the facts control.” Judge Wisch and his wife have two sons. g
Advertise
in TCBA’s Bar Bulletin The Tarrant County Bar Association’s award winning* Bar Bulletin is a multi-faceted journal that is published six times a year for the TCBA’s members. It includes substantive articles, as well as information about membership events and activities. The Bar Bulletin is distributed digitally and by hard copy to the TCBA’s membership. Each issue reaches an average of 2400 readers through email and social media. It is available online on the TCBA’s website.
Advertising rates vary, depending on the size and frequency. Rates are available by contacting Elizabeth Banda, Communications Director at elizabeth@tarrantbar.org or by calling 817.338.4092. * TCBA’s Bar Bulletin received the 2018 and 2019 “Stars of Texas Bars Award for Overall Newsletter” from the State Bar of Texas. JULY/AUGUST 2021
▪ TCBA BULLETIN 9
10 www.tarrantbar.org
▪ JULY/AUGUST 2021
LegalLine Legal Looking for a new way to volunteer this bar year?
W
hen you volunteer for LegalLine, you get to work out of the comfort or your office or home and speak with people needing assistance in your practice area. LegalLine has assisted approximately 850 people this year already. Thank you to the 17 attorneys that have volunteered in the last two months. If you want to know more about volunteering, email carolina@tarrantbar.org. g
Upcoming LegalLine Dates • July 22, 2021 • August 5, 2021
• August 19, 2021 • September 2, 2021
LEGALLINE VOLUNTEERS* Norma Bazán Cynthia Maragoudakis Nick Bettinger Michael McBride Julie Camacho Collin McLaughlin Ola Campbell Zoe Meigs Andrea Casanova Margarita Morton Amber Cohoon Scott Phillips Zoe Courtney David Pritchard Thank you to each attorney volunteer! Patrick Curran Lynn Rodriguez Eleonora Esparza Karon Rowden Ndidi Gbulie Melissa Sircar Joshua Graham Beth Thurman Bryce King *as of June 21, 2021
JOIN A SECTION OR COMMITTEE TODAY! To Join a Section: Login to your MyTCBA portal and update your
subscription.
To Join a Committee, visit:
https://www.tarrantbar.org/CommitteeVolunteerForm
Tarrant County Volunteer Attorney Services Looking for ways you can support TVAS but unable to volunteer? Consider sponsoring a remote or in person clinic! Contact kayla@tarrantbar.org for more details. JULY/AUGUST 2021
▪ TCBA BULLETIN 11
Texas Lawyers for Texas Veterans
Tarrant County Chapter
Biannual Heroes Wills Clinic a Success
T
LTV and TVAS partnered to host the biannual Heroes Wills Clinic in May and June for veterans and their spouses. Many volunteered to help provide 17 veterans and their spouses with estate plans they could not previously afford. The Air Force Veteran pictured wanted to share her thoughts on working with the wills clinic. “Working with TLTV has been the most gratifying experience. They are the most dedicated, caring and professional group of attorneys I’ve ever encountered. They truly have an affinity for veterans and their well-being. Wonderful Experience!” Thank you to all attorneys and attorney mentors who volunteered to assist. If you are interested in helping in the future, the next Heroes Wills Clinic will be in November 2021.
ATTORNEY VOLUNTEERS Michael Appleman Lanny Begley Robert Boudreau John Corbin Mark French Kimberly Knapp Cynthia Maragoudakis
Carrie Murdock Elizabeth Nanez Orsen Paxton Steven Poston Mallory Schuit Cheryl Schwarzer Ethel Steele
There are many ways to get involved with TLTV remotely with the clinics or in-person by taking on a case. Thank you to all the attorneys that assisted with our remote clinics in March and April.
ATTORNEYS ASSISTING WITH REMOTE CLINIC* Ademola Akande Julie Camacho John Corbin Shawn Crawford Dale Heisch Sam Johndroe John Johnson Kate Kim
Bryce King Gary Medlin Collin McLaughlin Jason Miller Raven Radley-Van Reenen Tim Robinson Lynn Rodriguez Melissa Sircar *as of June 21, 2021
Thank you to those attorneys who have accepted a case for pro bono representation in the last two months!
CASE ACCEPTING ATTORNEYS
David Frisby
George Muckleroy
David Frisby, P.C.
Sheats & Muckleroy, LLP
Katherine Kim
Melissa Sircar
John Johnson
Johnson & Johnson
ATTORNEY MENTORS Heidi Angel John Corbin 12 www.tarrantbar.org
Martin Rechnitzer Karon Rowden
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The Law Office of Katherine Kim, PLLC
Sircar Law Office
Dave Small
David Small Law, PLLC
Tarrant County Volunteer Attorney Services Thank you to Kelly Hart & Hallman for sponsoring the June Gatehouse Wills Clinic. The following Kelly Hart attorneys all assisted at least one Gatehouse resident:
KELLY HART ATTORNEYS Whitney Beckworth Dylan Campbell Brannen Caraway Austin Franklin
Jenna Lusk Mallory Schuit Chris Wilkes Mallory Williams
Thank you to the attorneys that assisted with the June LANWT/TVAS Driver’s License Restoration Clinic!
TVAS ATTORNEYS Tony Acosta John Johnson Victoria McDowell-Drew
Karon Rowden Roy Williams
Upcoming Volunteer Opportunity GUARDIANSHIP CLINIC August 11 | 5:00 PM – 7:00 PM
In partnership with the Medical Legal Partnership of LANWT and MHMR Tarrant County.
MANDATORY TRAINING July 14, 21, & 28 | 10:00 AM – 12:00 PM 3-part CLE webinar series
Texas Lawyers for Texas Veterans Tarrant County Chapter Looking for ways you can support TLTV but unable to volunteer? Consider sponsoring a remote or in person clinic! Contact kayla@tarrantbar.org for more details.
Meet the newest TCBF Pro Bono Intern: Yvana Kepnga What year are you in law school?
I am a rising 2L at Texas A&M University School of Law.
Why did you decide to pursue a career in law?
I knew I wanted to be an advocate for people who could not advocate for themselves after a personal experience that really pushed me to pursue law. I believe that access to quality legal advice is a basic right, and it should not only be accessible to privileged communities.
What’s something you’re looking forward to about working with the pro bono programs?
I love talking to people, and it has been rewarding to be able to be part of a program that helps people who cannot see the light at the end of the tunnel. I have had the opportunity to hear people go from being anxious to sounding hopeful after they have spoken with us. It has been very rewarding.
What’s an interesting fact about you?
My favorite way to decompress is to play video games, and I am fluent in French! g
JULY/AUGUST 2021
▪ TCBA BULLETIN 13
Welcome New Members of the TCBA:
LAWYERS ON THE MOVE &
ATTORNEYS
Jeremy Anato-Mensah Morgan Bridgewater Constance Broome Dr. Nekia Bryant Peter Cawthon IV Nathaniel Cho Caitlin Clark Dak Cohen Amber Cohoon Charles Davis Taylor Ellison Cody Gomora Brittane Hamilton Gara Hill Matthew Hogan Christopher Holbert Lisa S. Jones Michele Lake Shane Langston Kelsey Linendoll Taylor Monroe Mutunda Osafo Arnetta Porter Michael Raeder Thomas Samuelson Juan Sandoval Ebony Turner Erin Van Pelt Taylor Volesky Dewanna Wade Nicole Walker David Walsh IV
ASSOCIATES
Judge Jason Charbonnet Colby Van Sickler
Brackett & Ellis is pleased to welcome associates Landon Young and Reed Loftis to the firm. Landon Young received his Juris Doctorate from Baylor Law School and earned his B.A. from, University of Texas at Austin. Before joining Brackett & Ellis, Mr. Young worked as a senior trial attorney for Allstate. Landon’s practice focuses primarily on insurance defense and general litigation. Reed Loftis received his Juris Doctorate from the University of Tulsa College of Law and earned his B.S. from Texas A&M University. Reed practices primarily in the areas of commercial litigation and professional liability defense. Ruth Ruggero Hughs, former Texas Secretary of State, has joined Kelly Hart & Hallman’s Austin office as a partner in its Public Law practice. Ms. Hughs most recently served our state as the 113th Texas Secretary of State, appointed by Governor Greg Abbott on August 19, 2019. Prior to her appointment as Secretary of State, Hughs served as Chair and Commissioner Representing Employers at the Texas Workforce Commission.
PARALEGALS Hughs also previously served as the Director
Tayler Clendenen of Defense Litigation at the Office of the Texas Attorney General, where she successfully managed STUDENTS and oversaw the civil litigation divisions representing Hannah Bailiff agencies across the state. Before her tenure in public service, Hughs worked as a licensed attorney and Marilyn Kennemore was a small business owner.
Jakub Madej Taylor Trinh Hughs is a member of the State Bar of Texas and the 14 www.tarrantbar.org JULY/AUGUST 2021
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in the News
New Jersey State Bar. She received her Bachelor of Arts from the University of Texas at Austin and a Juris Doctor degree from the Rutgers Camden School of Law. In addition, she earned a certificate in Leader Development at the U.S. Army War College's National Security Seminar. Michael P. Heiskell, senior attorney with Johnson, Vaughn & Heiskell, was recently appointed to serve on the Baylor University Board of Regents.
Bourland, Wall & Wenzel would like to welcome our newest associate attorney, Kara L. Karcher. Ms. Karcher is a graduate of The University of Texas School of Law and was admitted into the State Bar of Texas in 2019. Her practice focuses primarily on commercial real estate and business transactions, including the acquisition, financing, development, leasing and disposition of commercial real estate. Ms. Karcher can be reached at 301 Commerce Street, Suite 1500, Fort Worth, TX 76102, 817-877-1088. The Mac Taylor Inn of Court is pleased to announce that Chad Ruback was elected President of the Inn. Ruback graduated from the University of Texas at Austin and Southern Methodist University School of Law. He is a former Fort Worth Court of Appeals briefing attorney, and he founded his own Dallas-based appellate law firm sixteen years ago. He is a former President of the Dallas Association of Young Lawyers and a former member of the Dallas Bar Association’s Board of Directors. He can be reached at 8117 Preston Road, Suite 300, Dallas, Texas 75225, 214.522.4243, chad@appeal.pro. g
The Tarrant County Mental Health Diversion Program (MHDP) received the Judge Ruben G. Reyes Outstanding Specialty Court Team Award at The Texas Association of Specialty Court Conference in Galveston, Texas on April 21st, 2021. This award was established in 2017 and presented by the Texas Association of Specialty Courts to recognize an outstanding specialty court team who epitomizes the idea that good intentions are not good enough and reflects Judge Reyes’ examples of passion and expertise. The Tarrant County MHDP was started in 2003 and is a pre-trial, post-booking specialty court program for participants in the criminal justice system that have a previous mental health history. The mission of the program is to provide participants the resources and support they need to attain emotional well-being and a foundation for long-term success. The program has a long-term track record of success as evidenced by the 691 admissions and 574 successful graduates. The MHDP, which has both misdemeanor and felony related offenses, has a successful completion rate of 89%, a 1-year recidivism rate of (12.02%), and a 2-year recidivism rate of (15.19%). These numbers far exceed the national averages for clients with mental health disorders that are involved in the criminal justice system. The MHDP recently had a Program Evaluation conducted by Dr. Clete Snell, University of Houston, as part of a grant awarded by the Judicial Commission on Mental Health (JCMH). Dr. Snell said it best: “The Tarrant County Mental Health Diversion Program is a pioneer in the mental health court movement. Program recidivism statistics suggest the
program has been a success from the start. The Tarrant County Mental Health Diversion Program should serve as a model for other pretrial diversion programs in the state and the nation.”
Pictured from Left to Right: Assistant Criminal District Attorney Lucas Allan, MHDP Case Manager Pam Leary, TCAT Clinical Specialist Aaron Calvin, County Criminal Court No. 9 and MHDP Presiding Judge Brent A. Carr, MHDP Administrative Assistant Rachel Calderon, Defense Attorney Brad Clark, MHDP Program Manager Rane Wallace, and Judicial Staff Counsel and Mental Health Magistrate Judge Nelda Cacciotti. Not Pictured: Assistant Criminal District Attorney Mary Butler, TCOOMMI Services TCAT Program Manager Sam Jones, TCAT Clinical Specialist Edward Kellough, and TCAT Clinical Specialist Rosalyn Mackey.
MEMBERSHIP REPORT
By Lauren St. Clair, Membership Director
Don't Delay, Renew Your TCBA Membership Today!
H
ave you renewed your 2021–2022 TCBA membership yet? The new bar year started on July 1 and we’re looking forward to a new bar year with you seeing you in-person at a future TCBA event! Renewal offers were emailed to the membership in May and late June. If you have not received your renewal offer or invoice, please reach out to laurensc@tarrantbar.org. If you’ve not previously logged into the TCBA website or if you’re interested in learning more about member-exclusive website features, visit our new Member Resource Center page containing website tutorial videos as well as step-by-step guides showing how you can register for events, create new login credentials, and access your MyTCBA portal. Now is the perfect time to get involved with the TCBA by joining one of our substantive law sections committees as these groups are gearing up for the new TCBA bar year. As a section or committee member, you will be able to take advantage of the website’s E-Community feature which will
allow you to view upcoming meetings, CLE opportunities, and group announcements. To join a section, simply login to your MyTCBA portal and update your subscription. If you are interested in joining a committee, you can fill out the committee volunteer form on our website. If you have any questions or need further assistance regarding your TCBA membership renewal, please don’t hesitate to contact me at laurensc@tarrantbar.org, and I would be happy to help. Thank you for your continued support of the Tarrant County Bar Association! g
Member Resource Center www.tarrantbar.org/member-resource-center Committee Volunteer Form www.tarrantbar.org/committee-volunteer-form JULY/AUGUST 2021
▪ TCBA BULLETIN 15
16 www.tarrantbar.org
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The State Bar of Texas Appellate Section and The Tarrant County Bar Appellate Section Along with The Justices of the Fort Worth Court of Appeals and Former Chief Justice Terrie Livingston Cordially invite you to Coffee with the Judges and Portrait Viewing for Former Chief Justice Terrie Livingston
Tuesday, August 24, 2021 10:30 – 11:45 a.m. Tim Curry Criminal Justice Center 401 West Belknap, Suite 9000 The Lobby of the Second Court of Appeals Register at www.tarrantbar.org/coffee-with-judges
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.
JULY/AUGUST 2021
▪ TCBA BULLETIN 17
CLE CORNER – On Demand CLE
The Best of . . . Free and Low Cost Online CLE Section Webinars:
Section members can access free online CLE that is available on the section’s e-community. If you are not a member of a section and want to access a particular recorded CLE, visit www.tarrantbar.org/cleondemand or contact Lauren St. Clair at laurensc@tarrantbar.org to purchase the recording.
Appellate Law Section
Topic: Brain Break with the Eleventh Court Eastland Moderator: Jeanette Strange, Tarrant County Criminal District Attorney’s Office Judicial Panel: • Chief Justice John M. Bailey • Justice W. Stacy Trotter • Justice Bruce Williams CLE: .5 hour of Ethics (FREE to TCBA Members)
Corporate Counsel/Labor & Employment Law Sections
Topic: Arbitrarily Selecting Black Arbitrators for Employment Discrimination Disputes Speaker: Professor Michael Green, Texas A&M School of Law CLE: .75 hour (FREE to TCBA Members)
Criminal Law/Labor and Employment Sections
Topic: Cybersecurity: Emerging Threats and the Legal Landscape Speaker: Kathryn Childress, BakerHostetler CLE: 0.75 (FREE to TCBA Members)
Energy Law Section
Topic: Surface Conflicts in Oil & Gas Development – Accommodation Doctrine & Excessive Use Speakers: Graham Simms and Wesley D. Lloyd, Freeman Mills, P.C. CLE: 1 hour (FREE to TCBA Members)
Topic: Brain Break with the Seventh Court Amarillo Moderator: Jody Sanders, Kelly Hart Judicial Panel: • Chief Justice Brian Quinn • Justice Patrick A. Pirtle • Justice Lawrence M. Doss CLE: .5 hour of Ethics (FREE to TCBA Members)
Environmental Law Section
Topic: Brain Break with the Fourteenth Court Houston Moderator: Jody Sanders, Kelly Hart Judicial Panel: • Justice Tracy Christopher • Justice Kevin Jewell CLE: .5 hour of Ethics (FREE to TCBA Members)
Topic: Estate Planning, Probate Administrations, and Previous Representations – Can I Do It All? Speaker: Judge Brooke Allen, Probate Court No. 2 CLE: 1 hour (FREE to Section Members)
Topic: Brain Break with the Fifth Court Dallas Moderator: Jody Sanders, Kelly Hart Judicial Panel: • Chief Justice Robert D. Burns III • Justice Cory L. Carlyle • Justice John G. Browning CLE: .5 hour of Ethics (FREE to TCBA Members)
Business Litigation Section
Topic: Top Ten Changes Under the New Amended Rules of Civil Procedure Speakers: Graigory B. Fancher and Brittany A. Weaver, Bourland, Wall & Wenzel, P.C. CLE: .5 hour (FREE to TCBA Members)
Construction Law Section
Topic: The Intersection of Contracts and Technology Speakers: Christian Blomdahl, Suffolk; Grant Hagen, The Beck Group CLE: 1 hour (FREE to Section Members) 18 www.tarrantbar.org JULY/AUGUST 2021
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Topic: State and Federal Environmental Agency Update Speakers: James MGuire, Regional Counsel for EPA Region 6 and Erin Chancellor, Director for the TCEQ Office of Legal Services CLE: 1 hour (FREE to TCBA Members)
Fort Worth Business & Estate Section
Real Estate Section
Topic: The Crossroads of Real Estate and Personal Injury Law Speaker: Kris Landrith, Landrith & Kulesz, L.L.P. CLE: 1 hour (FREE to TCBA Members)
Transition to Practice Webinar
Topic: Thinking, Going, Gone Solo: Considerations for Every Stage of the Journey CLE: 1 hour with .5 hour Ethics (FREE to TCBA Members)
Missed a Brown Bag CLE?
Check out the recordings below and watch at your convenience. Visit www.tarrantbar.org/cleondemand or contact Lauren St. Clair at laurensc@tarrantbar.org to purchase the recording. • Legislative Updates | CLE: 3.25 hours • Probate | CLE: 3.5 hours • Federal/Procedural | CLE: 3 hours • Appellate Law | CLE: 4 hours • Bankruptcy and Real Estate | CLE: 3 hours • Ethics | CLE: 3 hours of Ethics • Real Estate, Construction, Planning & Zoning | CLE: 3 hours • “Pot-Pourri” | CLE: 3 hours
JULY/AUGUST 2021
▪ TCBA BULLETIN 19
20 www.tarrantbar.org
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BENEFITS OF MEMBERSHIP
Follow us on social media Tarrant County Bar Association @tarrantbar @tarrantcountybar
The Tarrant County Bar Association is comprised of over 2500 members and offers the best way to connect with the legal community in Tarrant County.
Membership benefits include: • • • • • •
Free and 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. The new and improved tarrantbar.org helps you to stay informed and connected with many member-only resources and features to help you track your TCBA involvement, committee and sections happenings, and upcoming TCBA events and CLE. Networking opportunities through joining a TCBA section or committee. Not sure how to get involved with TCBA? We can help! Contact laurensc@tarrantbar.org if you have any questions about a TCBA section or committee. Access to discounts and free professional services, including free document shredding and a discount for Lawyer Referral & Information Services (LRIS) membership. An online 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).
Visit the website to learn more about all the great things the TCBA is doing for its members and the community. www.tarrantbar.org We thank you for your continued support of our organization. We look forward to your renewal for the 2021–2022 bar year. Please contact Lauren St. Clair at the bar office at 817.338.4092 or by email at laurensc@tarrantbar.org.
JULY/AUGUST 2021
▪ TCBA BULLETIN 21
22 www.tarrantbar.org
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TCBA Welcomes its 2021–2022 Officers & Directors
President
President-Elect
Vice President
Secretary-Treasurer
Kimberly Naylor Naylor & Naylor, P.L.L.C.
Karen Denney Haynes and Boone, LLP
Lu Pham Pham Harrison, LLP
Scott Lindsey Boyd Powers & Williamson
Director (Term Ends 2023)
Director (Term Ends 2023)
Director (Term Ends 2023)
Director (Term Ends 2022)
John Brookman Brookman Mediation
Cheryl Leb Kelly Hart & Hallman LLP
Marvina Robinson Tarrant County CDA’s Office
John Lively, Jr.
Lively & Associates, PLLC
Director (Term Ends 2022)
Director (Term Ends 2022)
Appointed Director Mary Barkley Cantey Hanger LLP
J. Michael McBride J. Michael McBride P.C.
TCYLA President (Fall 2021)
TCYLA President (Fall 2022)
Immediate Past-President
Executive Director
Dana Manry KoonsFuller, P.C.
Brian Singleterry Judicial Law Clerk, U.S. District Court
Lynn Winter City Attorney's Office-City of Fort Worth
Aulstin Gardiner Tarrant County CDA’s Office
Gary Medlin The Medlin Law Firm, PLLC
Appointed Director
JULY/AUGUST 2021
Megan Cooley Tarrant County Bar Association
▪ TCBA BULLETIN 23
Snippets
Co-Editor Judge Carey Walker, County Criminal Court No. 2
Civil and Criminal
by Judge Bob McCoy g County Criminal Court No. 3
ASK JUDGE BOB
control, or custody of the firearm, but also that he was conscious of his connection with it and that he possessed it knowingly. Swapsy v. State, 562 S.W.3d 161 (Tex. App.—Texarkana 2018).
Sure, consider the dachshund named Sally/Teensie/Lexi Lou adopted from Dusty Puddles Dachshund Rescue and discussed in Hunsaker v. Richardson, 610 S.W.3d 151, 152 (Tex. App.— Eastland 2020).
4. Search Warrants
Judge Bob, are there cases concerning the adoption of dogs from rescue operations?
MOSES’ AND NOAH’S MONTHLY PARAPROSDAKIAN Moses
(a figure of speech in which the latter part of a sentence or phrase is surprising or unexpected; frequently humorous) Your argument is sound, just sound, lots of sound.
DANES’ QUOTE OF THE MONTH Noah
Dogs come into our lives to teach us about love and loyalty. They depart to teach us about loss. —Eric Jong, “a Woman’s Best Friend”
CRIMINAL ITEMS OF INTEREST 1. Criminal Intent
A person’s intent to commit an offense may be established by circumstantial evidence and may be inferred from the person’s acts, words, and conduct, as well as from the surrounding circumstances. Crawford v. State, 562 S.W.3d 106 (Tex. App.— Corpus Christi 2018).
2. Witnesses
Even when attempting to demonstrate bias or motive against another party, “the right of the defendant to cross-examine the witness, or impeach him with extrinsic evidence, is limited by the trial court’s authority to preclude, among other things, confusion of the issues, harassment, endangerment to the witness, needless delay, and the admissibility of highly prejudicial, repetitive and irrelevant or marginally relevant evidence.” Kelso v. State, 562 S.W.3d 120 (Tex. App.—Texarkana 2018).
3. Firearms
To obtain a conviction for possession of a firearm, the State must show that the accused not only exercised actual care, 24 www.tarrantbar.org JULY/AUGUST 2021
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Where the search warrant sought is for blood evidence to prove intoxication, the magistrate typically must determine probable cause exists that a blood test would provide evidence showing appellant was intoxicated. Whether the facts stated in the affidavit establish probable cause depends on the totality of the circumstances. Evidence of intoxication may include, for example, slurred speech, bloodshot eyes, or the odor of alcohol on the breath. Islas v. State, 562 S.W.3d 191 (Tex. App.— Houston [14th Dist.] 2018).
5. Confrontation Clause
“Statements made to police during contact initiated by a witness at the beginning of an investigation are generally not considered testimonial.” For this reason, 911 calls initiated to summon police assistance are generally nontestimonial because they are a “cry for help” or “the provision of information enabling officers to end a threatening situation.” Hernandez v. State, 562 S.W.3d 500 (Tex. App.—Houston [1st Dist.] 2017).
6. Sentencing
As a general rule, a trial court’s sentence will not be disturbed if that sentence is within the statutory range of punishment for the offense in question because such a sentence complies with the objectives of the penal code. Jackson v. State, 562 S.W.3d 717 (Tex. App.—Amarillo 2018).
7. Trier of Fact
The trier of fact is the sole judge of the credibility of the witnesses and of the strength of the evidence. The trier of fact may choose to believe or disbelieve any portion of the witnesses’ testimony. McCombs v. State, 562 S.W.3d 748 (Tex. App.—Houston [14th Dist.] 2018).
CIVIL ITEMS OF INTEREST 1. Plea to the Jurisdiction
A plea to the jurisdiction is a dilatory plea; its purpose is “to defeat a cause of action without regard to whether the claims asserted have merit.” Such a plea challenges the trial court’s jurisdiction over the subject matter of a pleaded claim. Fort Bend Appraisal Dist. v. Church, 611 S.W.3d 443, 447 (Tex. App.—Houston [14th Dist.] 2020).
2. Notice of the Motion for Summary Judgment
“If a party receives notice that is untimely, but sufficient to enable to the party to attend the summary judgment hearing, the party must file a motion for continuance or raise the complaint of late notice in writing, supported by affidavit evidence, and raise the issue before the trial court during the summary judgment hearing.” Emmanuel v. Izoukumor, 611 S.W.3d 453, 456 (Tex. App.— Houston[14th Dist.] 2020).
3. Writ of Habeas Corpus in a Child Custody Case
A trial court’s order granting or denying a writ of habeas corpus in a child custody case is not appealable if the Family Code does not provide for an appeal. The Family Code does not provide for an appeal in such a habeas corpus proceeding, and the only available appellate remedy is a petition for a writ of mandamus. Maadani v. Ward, 611 S.W.3d 460, 461 (Tex. App.—Houston [14th Dist.] 2020).
4. Pleadings
We cannot use a liberal construction of the petition as a license to read into the petition a claim that it does not contain. Liberal construction can be used to amplify a pleading but not to create a claim. City of Dickinson v. Stefan, 611 S.W.3d 654, 662 (Tex. App.— Houston [14th Dist.] 2020).
5. Attorney Malpractice: Limitations
When an attorney commits malpractice in the prosecution or defense of a claim that results in litigation, the statute of limitations on a malpractice claim against that attorney is tolled until all appeals on the underlying claim are exhausted or the litigation is otherwise finally concluded. Zive v. Sandberg, P.C., 610 S.W.3d 44, 46 (Tex. App.—Dallas 2020).
6. Effect of Reversal on Appeal
The general rule is that an appellate reversal favoring an appealing party does not justify reversing the judgment as to other parties who did not appeal. But there is an exception to that rule when the rights of the appealing and non-appealing parties are so intertwined or dependent on each other as to require the entire judgment be reversed. Zive v. Sandberg, P.C., 610 S.W.3d 44, 50 (Tex. App.—Dallas 2020).
QUOTE OF THE MONTH
“The more I learn about people, the more I like my dog.” —Mark Twain
LEGAL QUOTE OF THE MONTH
“Government implies the power of making laws. It is essential to the idea of a law, that it be attended with a sanction; or, in other words, a penalty or punishment for disobedience.” —Alexander Hamilton
TRADITIONAL IRISH LAW
The professional satirist who bestows an evil-tongued nickname on a tribesperson, such as “foul-breath,” “scabby-face,” or “dung honour” shall have his cows, horses, or gold jewelry seized for five days.
OLD NEWS
Stock Show on TV A rodeo show from the 62nd Southwestern Exposition and Fat Stock Show in Fort Worth was beamed on February 2, 1958, to a TV audience estimated at 50 million on NBC’s “Chevy Show.” Roy Rogers opened the hour-long program, riding into the Will Rogers arena on Trigger Jr. Rogers, Dale Evans, and “Gabby” Hayes then hosted the show from a fence rail. g
Other Associations’ News & Information Arlington Bar Association
Meets on the 3rd Wednesday of each month. President, Duncan Price. For location & information, email duncan@manesslaw.net.
Black Women Lawyers Association
For meetings and information, contact Marvina N. Robinson, President, at 817.884.1623 or mnrobinson@tarrantcountytx.gov.
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 6:00 p.m. For more information, contact President Angel Williams at 817.884.1830.
Northeast Tarrant County Bar Association (NETCBA)
Meets for CLE luncheons on the 3rd Tuesday of each month at La Hacienda Restaurant, Hwy. 121. Contact Cynthia Williams at 817.318.0523 or cynthia@cynthiawilliamslaw.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 Gary D. Smart at 817.419.0023.
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, P.C. 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 Beth Hampton at 817.334.0066 or bhampton@theblumfirm.com.
Tarrant County Trial Lawyers Association
Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact Rieker Carsey at 817.294.1900.
Texas Association of Defense Counsel
This civil defense organization offers local lunches and happy hours, as well as CLEs geared toward the defense practice. Contact Brittani Rollen of McDonald Sanders at 817.336.8651 or visit www.tadc.org.
JULY/AUGUST 2021
▪ TCBA BULLETIN 25
Bar Bulletin ▪ July/August 2021 Tarrant County Bar Association TCBA members may take advantage of discounts 1315 Calhoun Street provided by the following vendors: Fort Worth, TX 76102-6504 AMO Office Supply offers TCBA members the lowest ADDRESS SERVICE REQUESTED
Member Benefits Vendor List
PRESORTED STANDARD U. S. POSTAGE PAID FORT WORTH, TX
price guaranteed on office supplies, with next-day delivery and free shipping! Call 800.420.6421.
PERMIT 1807
Falcon Document Solutions, provides quick, efficient and reliable process service, doument scanning, printing, copying and electronic discovery, litigation displays and trial boards. We are available 24 hours 7 days a week at 817.870.0330 or at www.falcondocs.com. Discounts available to TCBA Membership. 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 - $13.00 adult, $10 for child or senior. For tickets, contact anne@tarrantbar.org or 817.338.4092. 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 940.783.6580 for details. Thomson Reuters Exclusive TCBA offer of 15% off new Westlaw subscriptions or upgrades to current subscriptions*, including our latest AI enhanced platform, Westlaw Edge. Please contact your local Account Executive, Ben Galloway, for more information: Ben.Galloway@TR.com. *Restrictions apply, please contact your AE for details. g
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