Bulletin March 2018
unty Style A Lawyer-Themed Skit Show - Tarrant Co Featuring Tarrant County Attorneys 7pm Saturday, March 31, 2018
See page 3 for more details
President’s Page
I
Change your Mind
love March. Daylight Saving Time. Spring Break. March Madness. Put away the jackets and sweaters. Plant the flowers. Walk the dog. Clean out the grill. Get outside. Close your eyes. Breathe. The TCBA Solo & Small Firm section kickby Nick Bettinger started the Spring with a Wellness Retreat on March 2. Thanks again to Joseph Horn and his committee for providing this valuable education opportunity. For those who attended, I hope you gained some insight on how to improve yourself, both physically and mentally. Pairing good eating habits, exercise and mindfulness can go a long way toward reducing the inherent stress of our profession. I am seeing more articles and blogs singing the praises of mindfulness. Dr. John Kabat-Zinn, founder of the American mindfulness movement, defines mindfulness as the awareness that arises through paying attention, on purpose, in the present moment, non-judgmentally. I don’t know about you, but I think I missed that course in law school. Our educators trained us to instead be competitive and ambitious. We think beyond the present moment to imagine the pitfalls of the decisions we make. We are judgmental because we are so often judged. We need to channel some of that competitiveness and ambition toward a happier existence. It isn’t easy, but neither was the bar exam, your first trial, or that new years’ resolution you made a couple of months ago. Yet mindfulness is difficult because it is so easy. Taking five or ten minutes a day (non-billable) to just breathe and focus on your thoughts should be a no-brainer (see what I did there). That smartphone in your pocket? Not only can it remind you to take a five minute break, but it likely has access to dozens of mindfulness apps in your favorite cyber store. Headspace is a great app for beginners. Give it a try. Change your life. OK, so maybe you’re the kind who can’t slow down. How about channeling some of that energy into a TCBA/TCBF volunteer opportunity. Texas Lawyers for Texas Veterans needs volunteer attorneys to provide free legal services to veterans and spouses of
deceased veterans. TLTV holds monthly clinics at various locations throughout Tarrant County. Check the TCBA website for the next scheduled clinic. How about LegalLine? Last month, I joined several colleagues at the Bar Center to answer phone calls from Tarrant County residents who cannot afford access to justice. Thanks to Scott Phillips, Stuart Lumpkins, Ola Campbell, Gretchen Diebel, Donald Kaczkowski, Bryce King, Lynn Rodriguez, and Griffin Scheumack for donating a couple of hours of their time to this rewarding volunteer opportunity. Please consider joining us on the 2nd or 4th Thursday of any month from 6 p.m. to 8 p.m. Hope to see you there. Bench Bar is almost here! Here’s your second reminder. The 25th annual Bench Bar Conference is April 20-22 at the Horseshoe Bay Resort. Golf. Beaches. Hill Country. CLE. A wine tasting bus tour. Trivia Night. Judges. Colleagues. Friends. What more could you want? Early registration ends March 22, 2018. Sign up today! Tech Time Time for a little Spring cleaning of your e-mail inbox? Try SimplyFile. This little Outlook add-in lets you move messages to the correct subfolders with one click. Goodbye clutter. Hello, communication bliss. Balloon of the Month
Spring is soccer season in my household. Wanna see how I made this? https://www.youtube.com/watch?v=9UKzHzdze50 Have a great month. g
Nick
MARCH 2018
▪ TCBA BULLETIN 1
Contents
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Features 17 Brown Bag Seminar Series: Child Welfare 21 Law Day Awards Dinner 22 Membership Luncheon: Celebrating 50 Year Attorneys Departments 1 President's Page 4 YLA Snapshot 5 Calendar of Events 6 100 Club 7 Lawyers on the Move & in the News 7 Membership Report 8 Benefits of Membership 9 Judicial Profile - Judge Tom Lowe 11 Tarrant County Volunteer Attorney Services 11 CLE Corner 12 Snippets 15 Texas Lawyers for Texas Veterans 16 Vendor List 16 LegalLine 18 Lawyer Referral & Information Service News 19 Other Associations' News & Information 21 A Word From Our Sections 25 Lawyer Referral & Information Service News Advertiser's Index
Bailey & Galyen .............................................20, 26 Johnson & Swift......................................19 Dorsett, Edward Jones ......................................................28 Juris Fabrilis........................................................16 KoonsFuller.................................Inside Front Cover Law Offices of Steven C. Laird, P.C.......................10 LawPay...............................................................29 North Texas Community Foundation....................23 Parker Law Firm...................................................14 Parker Straus, LLP ...............................................18 Stephens Anderson & Cummings...........Back Cover Texas Lawyers' Insurance Exchange.....................19 Tindall Square Office Complex.............................21 The Collie Firm....................................................18
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 2017-2018 Officers
President................................Nick Bettinger President-Elect..........................Lance Evans Vice President.............................John Cayce Secretary-Treasurer...............Gary L. Medlin
Directors Term Ends 2019
28
Director..............................Susan Hutchison Director............................Jason C. N. Smith Director............................Tennessee Walker
Term Ends 2018
Director..................................Cody L. Cofer Director..............................Veronica C. Law Director..........................................Lu Pham
2017-2018 Appointed Directors
Appointed Director.......................Joe Regan Appointed Director................Lori Spearman
Tarrant County Young Lawyers Association Spring 2018 President.....Katherine Hopkins Fall 2018 President.....................Rob Henry
Immediate Past President......Robert G. West Executive Director.................Megan Cooley Ex-Officio Members State Bar of Texas Director............................Gary L. Nickelson Director...............................Curtis Pritchard Bar Bulletin Editor...................................John F. Murphy Assistant Editor.....................Kathleen Flacy Graphics/Production............Elizabeth Banda TheTarrant County Bar Bulletin is a monthly publication of the Tarrant County Bar Association. Articles, photos, suggestions or comments should be directed to: elizabeth@tarrantbar.org 1315 Calhoun Street ▪ Fort Worth, TX 76102-6504 Deadline for submission is the 20th day of the month, two months prior to the date of the issue (e.g., March 20 for the May issue). Items for publication may be emailed to elizabeth@tarrantbar.org in Word format. Articles published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant County Bar Association, its officers or the Board of Directors. Advertisements and feature articles should not be considered an endorsement of any service, product, program, seminar or event.
The Tarrant County Bar Foundation Presents
A Lawyer-Themed Skit Show - Tarrant County Style Featuring Tarrant County Attorneys
Saturday, March 31, 2018 6:30pm - Reception 7:00pm - Show
Fort Worth Community Arts Center g 1300 Gendy Street g Fort Worth 76107
Purchase Your Tickets Today General Public - $25; Law Students - $10 Visit www.tarrantbar.org
Sponsorships are Available. Contact 817.338.4092. Title Sponsor..................................................................$5,000 -Name recognition on all promotional items -Full page ad in the show program location of choice -40 tickets to the show with reserved seating -Special recognition in the Bar Bulletin
Producer Sponsor.........................................................$2,500 -Full page ad in the show program -20 tickets to the show with reserved seating -Special recognition in the Bar Bulletin
Director Sponsor...........................................................$1,000 -Half-page ad in the show program -8 tickets to the show with reserved seating -Special recognition in the Bar Bulletin
Actor Sponsor...................................................................$500 -Fourth-page ad in the show program -4 tickets to the show with reserved seating -Special recognition in the Bar Bulletin
Stage Hand........................................................................$250 -Special recognition in the show program -2 tickets to the show with reserved seating -Special recognition in the Bar Bulletin
YLA Snapshot Katherine Hopkins, President TCYLA
I
am incredibly excited to officially begin my first term as President of TCYLA, replacing the leadership of our amazing outgoing President, Chris Gee. I’ve worked with Chris and many other leaders since I joined the board in 2012. I’m inspired every day by all the people who make Fort Worth a creative, innovative, and communityminded city. I grew up in a little town south of Fort Worth— Ennis, Texas. For many years, my father served as the mayor of our town and my mother volunteered in many organizations. They both instilled in me a desire to serve others, and I am hopeful that my term as TCYLA President will reflect that. I received my undergraduate degree from Texas Christian University and my law degree from St. Mary’s University School of Law. Following my graduation, I served as a federal clerk for the Honorable Ronald B. King, Chief Judge of the United States Bankruptcy Court, Western District of Texas. After my judicial clerkship in 2010, I embarked into the private practice realm as an associate at Kelly Hart & Hallman LLP in the bankruptcy section, and I have been there ever since. As incoming President, my goal is to increase community service involvement and participation while continuing to strengthen the organization’s programming. TCYLA’s current projects include providing necessities bags to the homeless, providing back-to-school backpacks for children at Briscoe Elementary School, and raising much-needed monies at happy hours to support our local charities. We are also planning to volunteer and fill boxes at the Tarrant Area Food Bank and to serve meals at the Ronald McDonald House. In addition to the above volunteerism, TCYLA is proud of its endeavors in the legal community. For the third year, TCYLA is partnering with Texas A&M School
of Law in its Professionalism and Leadership Program. As part of this program, TCYLA volunteers work in conjunction with Texas A&M staff to provide soft skill training. This type of programming is significant in shaping our future attorneys. I seek to strengthen this partnership. Lastly, TCYLA’s Annual Spring Fiesta is scheduled for April 12 at Joe T. Garcia’s. Spring Fiesta is one of our most successful fundraising events and is well-attended by current members and judges. Assisting me in achieving this goal is a board powered 100% by volunteer members. Each one has a specific area of focus, and each brings a diversity of thought, talent, and passion to the board. Board members include: Officers – Rob Henry, President Elect; Martin Garcia, Vice President; Andrea Palmer, Secretary; Clark Rucker, Treasurer; and Directors – Lindsay Daniel, Paul Elkins, Aulstin Gardiner, Kolter Jennings, Lauren McDonald, Matthew Meyer, Mike Schneider, Adam Simmons, Brian Singleterry, and Shelby White; and Student Liaison – Spencer Mainka. I am honored to lead and work with such an amazing team. But nothing we do would be possible without a strong community of people passionate enough to volunteer their time to this effort – people who volunteer to assist at events, solicit donations, and serve on committees. There are so many people who have helped make TCYLA what it is today. A six-month term is not a long time, and I hope we can continue to carry that torch and serve the evolving needs of our membership and the legal community as a whole. I encourage you throughout the year to engage with us, give feedback, and add your voice to our initiatives. I look forward to a great six-month term serving as your new president. n
We're Social | Follow Us http://www.tcyla.org/ Tarrant County Young Lawyers Association
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@TCYLA
If you need an application or meeting information, call 817.338.4092 or email lauren@tarrantbar.org.
Calendar of Events
March 2018
1 Bankruptcy Law Section Luncheon 12 pm, Fort Worth Club
April 2018
7 People's Law School 12:30 pm - 4:00 pm, Texas A&M University School of Law
2 Solo & Small Firms Section Wellness Retreat 12 pm, TCBA Office
12 Energy Law Section Luncheon 12 pm, Petroleum Club
8 Environmental Section Luncheon 12 pm, City Club
12 LegalLine 6:00 pm - 8:00 pm, TCBA Office
8 LegalLine 6:00 pm - 8:00 pm, TCBA Office
16 Bankruptcy Law Section Luncheon 12 pm, Fort Worth Club
20 Real Estate Section Luncheon 12 pm, City Club
17 Labor & Employment Law Section Luncheon 12 pm, Petroleum Club
22 Court Staff Seminar 12 pm, City Club Court Staff Reception to follow at 5 pm
19 Construction Law Section Luncheon 12 pm, TCBA Office
22 LegalLine 6:00 pm - 8:00 pm, TCBA Office
20 Bench Bar Conference XXV April 20-22, Horseshoe Bay Resort
23 Brown Bag Seminar - Child Welfare 12 pm, Lynn Ross Juvenile Detention Center
24 Last Tuesday CLE 1:00 pm - 4:00 pm, TCBA Office 3 hours CLE in Ethics
27 Tax & Estate Planning Section Luncheon 11:30 am, Petroleum Club
26 LegalLine 6:00 pm - 8:00 pm, TCBA Office
27 Business Litigation Section 12 pm, City Club 27 Last Tuesday CLE 1:00 pm - 4:00 pm, TCBA Office 3 hours CLE in Ethics
Save the Date
29 Fort Worth Business & Estate Section Luncheon 11:45 am, City Club 30 Good Friday Holiday Office Closed
April 7, 2018
31 Tortfeasors8 6:30 pm Reception - 7 pm Show, FW Community Arts Center
April 20-22, 2018
May 16, 2018
MARCH 2018
â–ª TCBA BULLETIN 5
Members of the 2017-2018
100 Club
*List Reflected Below is as of February 22, 2018 Adams Lynch & Loftin, P.C. Albert Neely & Kuhlmann, LLP Allmand Law Firm, PLLC Anderson & Riddle, LLP Baker Monroe, PLLC Barlow Garsek & Simon, LLP Blaies & Hightower, LLP Bonds Ellis Eppich Schafer Jones, LLP Bourland, Wall & Wenzel, P.C. Brackett & Ellis, P.C. Broude, Smith, Jennings, McGlinchey & Fitzgerald, P.C. Brown, Dean, Proctor & Howell, LLP Bruner & Pappas, LLP Cantey Hanger, LLP City Attorney's Office - Fort Worth Cook Children's Health Care System Curnutt & Hafer, LLP Dawson Parrish, P.C. Decker Jones, P.C. Dowell Pham Harrison, LLP Forshey Prostok, LLP Friedman, Suder & Cooke, P.C. Gordon & Sykes, LLP Griffith, Jay & Michel, LLP Harris, Finley & Bogle, P.C. Harrison Steck, P.C. Haynes and Boone, LLP Holland, Johns & Penny, LLP Jackson Walker, LLP Jim Ross Law Group, P.C. Joshua Graham & Associates, PLLC Kelly Hart & Hallman LLP KoonsFuller, P.C. Lacy Malone & Steppick, PLLC Law, Snakard & Gambill, P.C.
Linebarger Goggan Blair & Sampson, LLP Lively and Associates, LLP Loe, Warren, Rosenfield, Kaitcer, Hibbs, Windsor, Lawrence & Wolffarth, P.C. Martinez Hsu, P.C. McDonald Sanders, P.C. Mellina & Larson, P.C. Moses, Palmer & Howell, LLP Murphy Mahon Keffler & Farrier, LLP Naman, Howell, Smith & Lee, PLLC Nelson Bumgardner, P.C. Noteboom Law Firm Padfield & Stout, LLP Parker Straus, LLP Phelps Dunbar, LLP PlainsCapital Bank Pope, Hardwicke, Christie, Schell, Kelly & Taplett, LLP Schneider Law Firm, P.C. Second Court of Appeals Stephens, Anderson & Cummings, LLP Suzanne I. Calvert & Associates Tarrant County CDA's Office Taylor Olson Adkins Sralla & Elam, LLP The Berenson Firm The Blum Firm The Colaneri Firm, P.C. The Wolf Law Firm Thompson & Knight, LLP Underwood Law Firm, P.C. Varghese Summersett, PLLC Watson, Caraway, Midkiff & Luningham, LLP Whitaker Chalk Swindle & Schwartz, PLLC Wick Phillips Winstead, P.C.
To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more members and attains 100% TCBA membership compliance for the 2017-2018 bar year qualifies for the “100 Club.” The firms/organizations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year. Any firm/organization that qualifies in
the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law firms and other groups! The new bar year began on July 1; if you have not paid your renewal invoice, contact our Membership Director Lauren McKnight at 817.338.4092 or email her at lauren@tarrantbar.org. g
Welcome New Members of the TCBA: ATTORNEYS Anna Kristine Berthold Bryce Buchmann Maryanne Chuwuike DaNae Couch Derek Dumas John Easter Christianne Edlund James Franklin Caitlyn Hodge Brooke Hubbard Shelby Jean Joshua J. Pico Leslie Robnett Megan Ross Andrea Smith James Snyder
STUDENTS
Lawyers on the Move &
in the News
Nikki Rhodes (Morton) Grote with the Tarrant County District Attorney’s Office has been elected to membership in the Fellows of the Texas Bar Foundation. Fellows of the Foundation are selected for their outstanding professional achievements and their demonstrated commitment to the improvement of the justice system throughout the State of Texas.
Benson Varghese, of Varghese Summersett, PLLC, was elected vice president of the Tarrant County Criminal Defense Lawyers Association.
Koy Killen and Clint Dennis, previously partners at Lovelace Killen, PLLC, have now established the firm of Killen & Dennis, PC. DaNae Couch, previously with Lovelace Killen, PLLC, is now an associate of Killen & Dennis, PC. 104 South Main Street, Burleson, Texas 76028 (817) 447-0053
An Lee Hsu, member of Unauthorized Practice of Law Committee, successfully obtained a judgment on behalf of the Committee. More information about the judgment can be found in https://www.law.com/texaslawyer/ sites/texaslawyer/2018/02/16/civil-rights-attorney-signs-final-consent-judgment-related-tolawsuit-for-unauthorized-practice-of-law/. g
Christy Jack of Varghese Summersett, PLLC, was named a 2017 Great Woman of Texas by the Fort Worth Business Press.
If you are a TCBA member and would like to place an announcement in the Bar Bulletin, we would like to hear from you. Please submit information by email to Elizabeth at elizabeth@tarrantbar.org.
Delaney Blakey
Membership Report
Happy Spring! January and February flew by at the Tarrant County Bar Association. In January, we hosted technology-focused events as our main member benefit. In February, we took the time to celebrate our members and their accomplishments. On February 13, we celebrated nine attorneys that have been in practice for fifty years.
Edwin G. Bell Bill E. Bowers Donald R. Curry John V. Dowdy, Jr. Richard N. Haskell John R. Lively Jerry Loftin Don C. Plattsmier Eloy Sepulveda These attorneys have dedicated many years to the legal profession and have all set the standard high for Tarrant County attorneys. At the luncheon, Chair Tolbert
Greenwood looked back to the legal profession in 1968, and then questioned the panel of Marianne Auld, Professor Milan Markovic, and Craig Woodcook. They spoke about their predictions for the legal profession during the next 50 years. A special thanks to Tolbert Greenwood, the Chair of the 50 Year Lawyer Program, for all of his hard work! On February 16, we hosted the first Breakfast with the Judiciary for attorneys licensed for less than five years. We had over fifteen judges in attendance and new attorneys had the opportunity to meet them and learn about TCBA's programs. Thank you to the judges and section chairs who took the time to attend this event! Finally, on February 27, we hosted our annual Women in the Law Luncheon at the Fort Worth Club. We were able to celebrate the impact of leadership in Tarrant County by female attorneys in the bar, bench, and community. Thank you to panel members Mayor Betsy Price, Criminal District Attorney Sharen Wilson and Senior Assistant City Attorney Laetitia Brown. This month, we look forward to celebrating the Tarrant County Court Staff members who help the legal community run efficiently! We are thankful for their support and dedication to attorneys, our courts, and the public. Thank you all for your continued support of the Tarrant County Bar Association! We hope to see you at an event soon! g
MARCH 2018
â–Ş TCBA BULLETIN 7
Why be a member of the Tarrant County Bar Association? Besides wonderful networking opportunities and camaraderie in the legal community, membership has other benefits such as:
1
BENEFITS OF MEMBERSHIP
The TCBA has eighteen Substantive Law Sections offering CLE and networking with members interested in the same areas of law.
The 2017-2018 TCBA Bar year has begun!
Reduced rates on CLE (Brown Bags, Luncheons, Section Meetings, Last Tuesday CLE).
3
Community Service Opportunities through the Foundation: LegalLine, Texas Lawyers for Texas Veterans-Tarrant County Chapter, Tarrant County Volunteer Attorney Services, and through community service committees: People’s Law School, Annual Food Drive, Blood Drive, Elder Law Committee, and others.
4
Monthly Bar Bulletin (by email or mail) and updates on upcoming events by e-mail.
5
Free CLE and professional seminars.
6
Mentoring or being mentored through the Transition to Practice program.
7
Reduced rates on room rental at the TCBA Bar Center.
8
Reduced rates on office supplies, UPS, shredding documents, the Fort Worth Zoo, and more.
9
The professional networking opportunities.
2
So the next time someone asks you why join the TCBA, please let them know. We thank you for your continued membership. This Bar Association is great because of its members like YOU! If you have any questions regarding your membership, please contact Lauren at the bar office at 817.338.4092 or by email at lauren@tarrantbar.org.
JudicialProfile
by Perry Cockerell
Judge Tom Lowe
I
n his 24th year on the bench, Judge Tom Lowe is the longest serving civil district judge in Tarrant County, having been re-elected to five consecutive four year terms. He is unopposed in this year’s primary and general elections. Judge Tom Lowe with his Court Born in Fort Coordinator, Rhonda Young Worth, Judge Lowe is the oldest of three children. He was raised on a farm east of Mansfield, where he attended public schools and where his parents were teachers. Lowe graduated from Mansfield High School in 1968. In high school, he was an outstanding student academically and he played basketball, but was a better baseball player; he pitched three no-hitters and was a good hitter. He attended TCU, where he was a baseball walk-on, but by his sophomore year he “came to the realization that I lacked sufficient athletic ability to ever be a truly great baseball player,” and he gave up playing the sport to concentrate on academics because he was in the Honors Program. “It was the first very difficult decision I ever made. For years afterward I attended very few baseball games as I so wanted to play.” Judge Lowe was elected student body president and presided over the student government at TCU. Years later, former TCU Chancellor James Moudy and the former Dean of Students Elizabeth Proffer both said that Judge Lowe accomplished more in improving the academic and student life at TCU than any other student body president before or since. Judge Lowe graduated from TCU with a B.A. in history and English in 1973. In 1974, he was a fellowship recipient for graduate study at the LBJ School of Public Affairs. In 1977, he received his J.D. from the University Of Texas School of Law. In law school, Judge Lowe was elected Justice (President) of the Phi Alpha Delta International legal fraternity which had only five members. During his one year as its president, Lowe grew its membership to being the largest chapter in the world, which earned him the respect and gratitude of former United States Supreme Court Justice Tom C. Clark after whom the chapter was named. He and Judge Lowe remained friends thereafter. Prior to his election to the Bench, Judge Lowe practiced
law as a solo practitioner for 17 years where he engaged in a wide-ranging litigation practice, including family, civil and criminal jury trials. He was Board Certified in Civil Trial Law in 1992 and Family Law in 1984. He has served as the local administrative judge in Tarrant County, the Chair of the Tarrant County Juvenile Board, on the Texas Supreme Court Child Support Guidelines Committee, and on the State Bar of Texas Court Economics and Efficiency Study and Alternate Dispute Resolution Committee. Judge Lowe has served as a Course Director, author and speaker for several State Bar CLE programs and as an author and speaker for American Bar Association CLE programs, as well as Tarrant and Dallas County Bar Association CLE programs. In 1985, Judge Lowe became President of the Tarrant County Family Law Bar Association. In his three years as President, Judge Lowe transformed it into one of the strongest and most respected specialty bar associations in Texas. His model has since been emulated by many other specialty bar associations throughout the state. While President of the Family Law Bar Association and thereafter, Judge Lowe produced more than 100 accredited CLE programs. Judge Lowe believes himself to be the very first Tarrant County lawyer to be formally trained in mediation, but in the early 80’s he was “so far ahead of the curve” he was unable to interest very many in it. On the bench he has been very creative and aggressive in utilizing mediation as a tool in resolving disputes. “Since I took the bench, I have tried, to the best of my ability, to be the kind of judge I always wanted to appear before when I practiced: A judge who respects and follows the law, who takes his responsibilities very seriously – but not himself, a judge who welcomes performing the duties of a judge and having the responsibilities which go with being a judge, a judge who treats every lawyer and every party with fairness and respect and who never lost or forgot where he came from, and the difficulties and burdens of the attorneys and parties before him. I have tried to never forget how important each dispute to the parties themselves, and I have tried to use the powers afforded me as a judge with fairness, sober reflection, thoughtfulness and restraint.” To lawyers who come before him, Judge Lowe’s advice is simple: “Be prepared and organized. Know your case and your opponent’s case along with the law affecting the case. Prepare your presentation, be efficient, and remember that jurors reward brevity.” Judge Lowe has one child. His son, Thomas Lowe IV, is 12 years old. g
MARCH 2018
▪ TCBA BULLETIN 9
Steve Steve Laird Laird
Steve Laird is one of Steve Laird is one of the Top 100 Lawyers the Top 100 Lawyers in Texas* in Texas* There’s a Reason There’s a Reason
It takes years to establish It takes years to establish a good reputation a good reputation Handling Personal Injury Handling Personal Injury Wrongful Death Wrongful Death & 18-Wheeler Cases & 18-Wheeler Cases *Texas Super Lawyers, Top 100 *Texas2015-2016) Super Lawyers, Top 100Reuters (2005-2013, - Thomson (2005-2013, 2015-2016) - Thomson Reuters
Voted Voted again again as as One One of of the the Top Top 100 100 Lawyers Lawyers in in Texas! Texas!
ll a aw w
O O f ff f ii c ce e ss
o o f f
S St te ev ve en n C C .. L La a ii r r d, d, P. P. C C .. 817.531.3000 817.531.3000 1119 PENNSYLVANIA AVENUE, FORT WORTH, TX 76104 1119 PENNSYLVANIA AVENUE, FORT WORTH, TX 76104
www.texlawyers.com www.texlawyers.com
Tarrant County Volunteer Attorney Services TVAS Begins 2018 with New Pro Bono Co-Chairs and new Pro Bono Initiatives
I
Christie Lindsey and Julie Sherman have been named the 2018 TVAS Co-Chairs.
n an effort to expand our reach, TVAS will be partnering in March and October with Legal Aid of NorthWest Texas to conduct two family law clinics. In April and September, TVAS will work with Kelly Hart & Hallman to conduct two estate planning clinics at The Gatehouse in Grapevine. TVAS is also working with community leaders to establish other programs such as lawyers in libraries and an attorney access program at True Worth Place, the day shelter operated by Presbyterian Night Shelter. TVAS is in need of attorneys from all legal practices to serve as pro bono volunteers for eligible low-income Tarrant County citizens. There are numerous ways to volunteer.
Attorneys may take a case or volunteer for our advice only clinics at Presbyterian Night Shelter, True Worth Place, Union Gospel Mission and/or Morris Women and Children’s Center. TVAS has mentors available to assist volunteers. Lindsey is a TVAS is also actively seeking law firms Christie partner with Berend and to partner with TVAS to sponsor and/or staff Lindsey, PLLC. additional TVAS Clinics. If your law firm is interested in sponsoring and/or staffing a clinic, please contact Melissa Sircar, TCBA Pro Bono Programs Director melissa@tarrantbar.org, or TVAS Co-Chairs Christie Lindsey clindsey@berendlindsey.com or Julie Sherman jsherman@canteyhanger.com. g Julie Sherman is a board
certified paralegal with the law firm of Cantey Hanger, LLP.
CLE
Corner
Sherry Jones Associate Executive Director
T SAVE the DATE
Blood Drive May 16, 2018 8am - 4pm Tom Vandergriff Civil Courts Building
he Brown Bag Seminar on Child Welfare will be held at the Lynn Ross Juvenile Detention Center on March 23. This seminar is required by the Juvenile Court for those making application to be on the appointment list for the first time. The credit will satisfy four of the annual hours required by the Juvenile and Family courts for continued appointments to child welfare cases. The Firearms 101 DVD is now available for rental for CLE credit. Please call the bar office to arrange a time to pick it up. g
MARCH 2018
â–Ş TCBA BULLETIN 11
Snippets
Civil and Criminal
Co-Editor Judge Carey Walker, County Criminal Court No. 2
by Judge Bob McCoy g County Criminal Court No. 3
GET TO KNOW THIS JUDGE
Criminal District Court No. 3 Judge Robb Catalano’s three favorite Fort Worth Breakfast Taco Spots: 1. Salsa Limon – University Drive 2. Taqueria Melis – W. Vickery 3. Paul’s Donuts - Hemphill
ASK JUDGE BOB
Judge Bob, can I recover breach of contract damages if I prove no damages from the breach? To recover attorney’s fees in a breach of contract suit, a party must (1) prevail on the underlying claim and (2) recover damages. Herring Bancorp, Inc. v. Mikkelsen, 529 S.W.3d 216, 227 (Tex. App.— Amarillo 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) Evening news is where they begin with “Good evening” and then proceed to tell you why it isn’t.
Moses
THE DANES’ QUOTE OF THE MONTH Asking a working writer what he feels about critics is like asking a lamp-post how it feels about dogs. —Christopher Hampton
2. Confrontation Clause
The Confrontation Clause “provides two types of protections for a criminal defendant: the right physically to face those who testify against him, and the right to conduct crossexamination.” London v. State, 526 S.W.3d 596 (Tex. App.—Houston [1st Dist.] 2017).
3. Possession of Controlled Substance
A person commits the offense of possession of a controlled substance if he “knowingly or intentionally” has “actual care, custody, control, or management” of a controlled substance. In a prosecution for possession of a controlled substance, the State must prove beyond a reasonable doubt that (1) the defendant exercised control, management, or care over the substance and (2) the defendant knew the substance possessed was contraband. Lipscomb v. State, 526 S.W.3d 646 (Tex. App.—Houston [1st Dist.] 2017).
4. TRE Rule 403
A trial court, when conducting a Rule 403 analysis, 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. Buxton v. State, 526 S.W.3d 666 (Tex. App.—Houston [1st Dist.] 2017).
5. Arrest
Ramses
CRIMINAL ITEMS OF INTEREST
1. Ineffective Assistance of Counsel
The standard of review for evaluating claims of ineffective assistance of counsel is set forth in Strickland v. Washington. Under the Strickland two-step analysis, a defendant must demonstrate that (1) her counsel’s performance fell below an objective standard of reasonableness and (2) there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. An appellant bears the burden of proving her claims by a preponderance of the evidence. Failure to make the
12 www.tarrantbar.org
required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim. Williams v. State, 526 S.W.3d 581 (Tex. App.—Houston [1st Dist.] 2017).
▪ MARCH 2018
No justification is required for an officer to approach and request information from a citizen, but generally, “when an officer through force or a showing of authority restrains a citizen’s liberty, the encounter is no longer consensual,” but it has instead become either a detention or an arrest. Wygal v. State, 526 S.W.3d 729 (Tex. App.—Houston [1st Dist.] 2017).
6. Bribery
Bribery comes to us from the common law, and consists of the prostitution of a public trust. It is a betrayal of public interest, and a debauchment of the public conscience. Gandara v. State, 527 S.W.3d 261 (Tex. App.—El Paso 2016).
7. Preservation of Error
Most appellate complaints must be preserved by a timely request at the trial level. The “traditional and preferred procedure’ for seeking relief at trial for a complaint that must be preserved is ‘(1) to object when it is possible, (2) to request an instruction to disregard if the prejudicial event has occurred, and (3) to move for a mistrial if a party thinks an instruction to disregard was not sufficient.’” Martinez v. State, 527 S.W.3d 310 (Tex. App.—Corpus Christi 2017).
CIVIL ITEMS OF INTEREST 1. Accrual of cause of action
The question of when cause of action accrues is a question of law for the court. In re Britt, 529 S.W.3d 93, 97 (Tex. App.—Texarkana 2016).
2. Implied covenant
An implied covenant must rest entirely on the presumed intention of the parties as gathered from the terms as actually expressed in the written instrument itself, and it must appear that it was so clearly within the contemplation of the parties that they deemed it unnecessary to express it. Douglas v. First Nat. Bank of Hughes Springs, 529 S.W.3d 98, 100 (Tex. App.—Texarkana 2017).
3. Court’s charge
The trial court must give definitions of legal and other technical terms, but it is not required to give other instructions if they do not aid the jury. The trial court does not abuse its discretion in refusing to submit unnecessary instructions even if they represent correct statements. Ho & Huang Prop. v. Parkway Dental, 529 S.W.3d 102, 110 (Tex. App. — Houston [14th Dist.] 2017).
4. Attorney’s fees
To show that an attorney’s fees finding is excessive, a complaining party must establish that the evidence is factually insufficient to support the finding. Ho & Huang Prop. v. Parkway Dental, 529 S.W.3d 102, 122 (Tex. App. — Houston [14th Dist.] 2017).
5. Defamation
The elements of defamation include (1) the publication of a false statement of fact to a third party, (2) that was defamatory concerning the plaintiff, (3) with the requisite degree of fault, and (4) damages. A statement is defamatory if it tends to injure a living person’s reputation and thereby expose the person to public hatred, contempt or ridicule, or financial injury or to impeach any person’s honesty, integrity, virtue, or reputation. Healey v. Healey, 529 S.W.3d 124, 129 (Tex. App.—Tyler 2017).
6. Fiduciary
All transactions between a fiduciary and his principal are presumptively fraudulent and void; therefore, the burden lies on the fiduciary to establish the validity of any particular transaction in which he is involved. Healey v. Healey, 529 S.W.3d 124, 139 (Tex. App.—Tyler 2017).
7. Jurisdiction
Although not determinative, foreseeability stands as an important consideration in deciding whether Moring
purposefully availed himself of the privilege of conducting activities within Texas. Moring should not be subject to the Jurisdiction of Texas courts based upon random, fortuitous, or attenuated contacts. Moring v. Inspectorate Am. Corp., 529 S.W.3d 145, 153 (Tex. App. — Houston [14th Dist.] 2017).
LEGAL QUOTE OF THE MONTH
The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread. —Anatole France
OLD NEWS
The Birth of Texas Tech Texas Technological College was founded February 10, 1923, when Governor Pat N. Neff signed Senate Bill 103 to establish a college in West Texas to “give instruction in technological, manufacturing and agricultural pursuits” and “to elevate the ideals, enrich the lives and increase the capacity of the people for democratic self-government.” Lubbock was selected over 36 other West Texas cities as the site for the institution, and the town immediately announced plans for a big celebration August 23. Orders were placed for “a solid mile of serving tables, 25,000 plates, 5,000 loaves of bread, 30,000 pounds of dressed meat for the barbecue to be held as part of the celebration,” the Star-Telegram reported. Texas Tech, allocated 2,008 acres west of Lubbock, opened September 30, 1925, with 914 students and six buildings. g
Congratulations to the
LAW DAY AWARD RECIPIENTS
Blackstone Award David Keltner, Kelly Hart & Hallman Silver Gavel Award Justice Bill Meier, Second Court of Appeals Professionalism Award Larry Moore, Tarrant County Criminal District Attorney’s Office TCYLA Outstanding Young Lawyer Award Tennessee Walker, Patterson Law Group TCYLA Outstanding Mentor Award Gerald Pruitt, Fort Worth City Attorney’s Office
MARCH 2018
▪ TCBA BULLETIN 13
We add value to your We add value to your client relationships! client relationships! expert and highly respected attorney in field your field AsAs anan expert and highly respected attorney in your of law, clients look to you for the best counsel possible of law, clients look to you for the best counsel possible about their specific legal needs. So for those important about their specific legal needs. So for those important personal injury issues lie outside of your experpersonal injury issues thatthat maymay lie outside of your expertise, place your valued clients incapable my capable hands. tise, place your valued clients in my hands. My My firm give them personal attention deserve firm willwill give them thethe personal attention they they deserve and keep youyou fullyfully informed as the progresses. We We and keep informed as case the case progresses. honor all all referral agreements. honor referral agreements.
Trust us us to to treat your personal injury referral with with Trust treat your personal injury referral the same care and tenacity as you would. the same care and tenacity as you would. amboard board certified certified in I Iam in Personal PersonalInjury InjuryTrial TrialLaw Law with the Texas Board of Legal Specialization. with the Texas Board of Legal Specialization.
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817.438.2600, office 817.438.2600, office 817.925.2272, cell 817.925.2272, cell Brad@parkerlawfirm.com Me Brad@parkerlawfirm.com 2317 Plaza Parkway, Ste. 100 2317 Plaza Parkway, Ste. 100 Bedford, Texas 76021
Bedford, Texas 76021
Texas Lawyers for Texas Veterans Tarrant County Chapter
A TLTV Success Story Asking a lawyer a question is a privilege many people, including veterans don’t have. The expense of hiring legal counsel is beyond the reach of many. Texas Lawyers for Texas Veterans (TLTV) was established to “provide pro bono civil legal assistance to brave veterans and their families who otherwise cannot afford legal services.” The Tarrant County Chapter of TLTV is a collaborative effort that works with Legal Aid of Northwest Texas and Texas A&M Law School Veterans Clinic to provide monthly legal clinics for veterans and is supported by a grant from the Texas Access to Justice Foundation. Through the program, pro bono attorneys offer advice and provide representation to veterans. These efforts can have a major impact on the lives of our clients. Don, a 77 year old disabled veteran, lives on a fixed income while raising four grandchildren. In January 2016, he purchased a car at a police auction; John thought he could fix the bumper and resell the car. The car was more expensive than he normally purchased and was a significant purchase for Don. The day after he purchased the car, Rob* stopped by his home and expressed interest in purchasing the car. Rob inspected the car closely, asking many questions about the car and its condition. Don explained he purchased the car from a police auction the day before and it had an impound title, a title used for vehicles abandoned after being impounded. An impound title allows the police to sell the vehicle at auction and transfer title to the auction winner. Don had not yet transferred title to himself, since he hadn’t even owned the car for 24 hours. Rob spent two hours at Don’s house; inspecting the car; test driving the car, and checking the title. In the one moment Don’s back was turned, Rob rushed out of the house, title and car keys in hand and drove off! Don reported the car stolen. He was upset and angry; the car represented a large investment for him and its loss was a major financial blow. A year later, the police finally called; the car was found abandoned. Don collected the car from the police and began the effort of transferring title to himself. In the year since the car was stolen, it was sold to an unsuspecting woman who had taken out a title loan. Loan payments were not made and there was a lien on the car title. Don went everywhere to get assistance: he called
the loan company; he explained his situation to the police, the DMV, anyone he could get to listen to his story. No one could or would help. After months of trying to find a solution, Don saw a flyer for a TLTV legal clinic. As a last ditch effort to get help, he went to the clinic and his case was accepted for pro bono representation. John Corbin, a TLTV volunteer attorney, discovered a legal catch-22. Don could not get title to the car because there was a lien on it; he could not get the lien released (even if he paid off the debt) because he didn’t have title. No government agency seemed to have the wherewithal to solve Don’s dilemma. Mr. Corbin came up with a solution to get the loan company to release the lien. After writing a letter explaining the car was stolen from Don and never qualified for a title loan, Mr. Corbin was able to negotiate the release of the lien by the title company, allowing Don to get clear title. Having proper title to the car, allowed Don to sell the car and use the money to help his family. Don says he had exhausted all of the solutions he knew of and without the assistance of an attorney, he doesn’t think he could have ever gotten proper title or recoup his money. He credits Mr. Corbin and TLTV with having a huge impact on his family’s financial well. g * Not the man’s real name. Melissa Sircar Pro Bono Programs Director
Upcoming TLTV 2018 Clinic Dates Friday, April 20, 2018
2 PM - 5 PM
First Baptist Church of Arlington, Wade Building, 301 S. Center St., Arlington, TX 76010
Friday, May 18, 2018
First Baptist Church of Arlington, Wade Building, 301 S. Center St., Arlington, TX 76010
Friday, June 15, 2018
Texas Wesleyan University (Lou’s Place) - 1112 Wesleyan Street, Fort Worth, TX 76105 MARCH 2018
▪ TCBA BULLETIN 15
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.
LegalLine Thank You to these volunteers:
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.
Nick Bettinger Ola Campbell Gretchen Diebel Donald Kaczkowski Bryce King Stuart Lumpkins Scott Phillips Lynn Rodriguez Griffin Schenumack
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.
A Special Thanks to the McDonald Sanders law firm for sponsoring the light dinner and having four of their lawyers volunteer for LegalLine on February 8, 2018. g
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.
Texas Rangers Baseball discount tickets are available by going to www.texasrangers.com/tickets, selecting a game and entering the coupon code. Contact Sherry Jones for the coupon code by email at sherry@tarrantbar.org. UPS - TCBA has signed an agreement with UPS for TCBA members to receive discounts on shipping. The discounts vary according to the type of shipment, so check out UPS for your needs at www.ups.com or 1.800. PICK.UPS. For IT Help: Juris Fabrilis - Cool Tools for Lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101. For Shredding and Document Disposal: Magic Shred is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Call the TCBA office for details. Expanco is N.A.I.D. AAA-Certified documentdestruction service offering 40% off to TCBA members. Call the TCBA office for details. 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
16 www.tarrantbar.org
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THE TARRANT COUNTY BAR ASSOCIATION PRESENTS
Brown Bag Seminar Series
Child Welfare March 23, 2018
Join us for CLE credit at the 323rd District Court Training Room Juvenile Detention Center, 2701 Kimbo Road, Fort Worth 76111 Moderator: Kim Brown, Associate Judge, 323rd District Court 11:30 am
Check In
12:00 pm
Domestic Child Sex Trafficking Lindsey Dula, Director of Programs, Alliance for Children
2:00 pm
Break
2:15 pm
The Trauma Informed Courtroom Molly Davidson, Training Specialist Daren Jones, Training Specialist Karyn Purvis Institute of Child Development at TCU
4:15 pm
Adjourn
4 hours of CLE credit requested
(This program will be recorded for showing throughout the year)
Brown Bag Registration: March 23, 2018 _____ $70 TCBA Member
_____ $95 non-TCBA Member
_____ Brown Bag Season Pass Holder
_____ $35 TCBA Member Staff
_____ $12 for a boxed lunch
Add $5 if registering after March 20 Please complete this form and return to the TCBA office at 1315 Calhoun Street, Fort Worth, Texas 76102 with a check payable to TCBA or with credit card information. If you have questions, please call Sherry Jones at 817-338-4092 (Fax: 817-335-9238). Name: ______________________________________________________________ Phone: __________________________ Firm: _______________________________________________________________ Fax: ____________________________ Address: _____________________________________________________________________ Billing Zip: _____________ Method of Payment: _____ Check
_______ Check Number
______ MC
_________ Visa
________ Am Ex
Credit Card Number ___________________________________________________ Expiration _______________________ Name on Card ________________________________________________________ Security Code ____________________
Lawyer Referral & Information Service
T
News
he LRIS has received $32,514.59 in referral fees for the month of January! We would like to thank the following attorneys who have paid referral fees since last reported: Neal Callaway, Margaret Crosby, Kelly Curnutt, Lori Dally, Louis Freeman, Carter Hampton, Earl Hargrave, Roger Hurlbut, Bryce King, Dustin Lee, Dustin Payne, Scott Phillips, and Bill White. Thank you all for making LRIS so successful! If you need a referral or if you need to refer a client to the Referral Service, please call or ask the client to call 817.336.4101. If you need an application to join the LRIS, please contact us at carolina@tarrantbar.org. As always, thank you to the LRIS staff Brittany Gilbert and Carolina Ibarra for all of their hard work and dedication to making this department run as smoothly as it does! g
18 www.tarrantbar.org
â–Ş MARCH 2018
GRIEVANCE DEFENSE When your license, livelihood, and reputation are at stake
GRIFFIN W. COLLIE 2514 BOLL STREET DALLAS, TEXAS 75204 214.484.4323 PHONE www.grievancedefensefortworth.com
Other Associations’ News & Information
Arlington Bar Association Meets on the 3rd Wednesday of each month. President, Ruth Lane. For location & information, email arlingtonbarassociation@yahoo. com or call 214.651.5622. Black Women Lawyers Association For meetings and information, contact Judge Maryellen Hicks, President, at 817.451.7100 or hicks8776@sbcglobal.net. Dee J. Kelly Law Library Welcomes Bar Members! For the latest Texas A&M University School of Law library hours and information, please visit http://law.tamu.edu or call 817.212.3800. Fort Worth Chapter Association of Legal Administrators Meets on the 2nd Tuesday of each month at the City Club, 301 Commerce Street, Fort Worth, 76102. For more information, contact Lisa Boyd at 817.339.2478 or LBoyd@BELaw.com. Fort Worth Paralegal Association General Membership Meetings are held at noon every 4th Thursday of the month at Joe T. Garcia’s, 2201 N. Commerce. FWPA Board of Directors meets at noon every 1st Tuesday of the month at the Bar Center. For more information, go to www.fwpa.org. L. Clifford Davis Legal Association (f/k/a/ Tarrant County Black Bar Association) holds its meetings on the 3rd Tuesday of each month at 6:00pm. For more information, contact President Zachary Ferguson by email at zfergusonlaw@ gmail.com. MABA (Mexican American Bar Association) Meets on the last Thursday of each month with location to be announced. For more information, contact President Eloy Sepulveda at 817.332.1285. Northeast Tarrant County Bar Association (NETCBA) Meets for CLE luncheons on the 3rd Tuesday of each month at La Hacienda Restaurant, Hwy. 121. Contact President Traci Hutton at 817.442.9352 or traci@tracihutton.com. Tarrant County Criminal Defense Lawyers Association (TCCDLA) Meets every 2nd Thursday at Joe T. Garcia’s, 2201 N. Commerce. For more information, contact President 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 Norma Bazán, 817.735.4000 or nbazan@nickfamilylaw.com. Tarrant County Probate Bar Association Meets on the 1st Thursday of each month at the Petroleum Clubmembers free, guests $30. For more information, contact Tena Fox at 817.280.0811 or tfox@leachfoxlaw.com. Tarrant County Trial Lawyers Association Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact Mark Anderson at 817.294.1900.
Cyber coverage now included with our malpractice policy. OVER 38 YEARS SUPPORTING TEXAS LAWYERS
Tarrant County Young Lawyers Association The 2017-2018 new TCYLA Year began September 1, 2017. If you need an application or meeting information, call 817.338.4092, email lauren@tarrantbar.org, or go to the website at tcyla.org. Texas Association of Defense Council Meets for lunch every 4th Wednesday at Angelo’s. Contact George Haratsis, McDonald Sanders at 817.336.8651 for more information.
TLIE.org / info@tlie.org / (512) 480-9074 MARCH 2018
▪ TCBA BULLETIN 19
20 www.tarrantbar.org
â–ª MARCH 2018
. . . And now a Word From Our Sections
M
ARCH. Finally, Winter is ending and Spring is beginning, and we will be back on Daylight Saving time. Hallelujah! It is time for Section Chairs to begin considering nominations and elections. A new bar year will begin on July 1. By that time, each section will need to have their new officers in place. Section chairs may want to check your bylaws to make sure you are following procedures. Several sections take nominations and vote by email. Other sections have a different process. If anyone is interested in being a section chair, or serving in some other position with a section, please do contact the chair of the section. They will be glad to hear from you. Section work does not have to be labor intensive. If the officers work together and divide the tasks, it helps lighten the load on any one person. It also gives you an opportunity to network with others in your area of practice, as well as select topics you feel are helpful in your field. As always, feel free to contact the bar office with questions and concerns. g Sherry Jones Associate Executive Director
Space For Lease in the historic
Tindall Square Office Complex in Downtown Fort Worth
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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
Law Day Awards Dinner Tuesday, May 8, 2018 | Fort Worth Club $65 Per Person 6:30pm Reception | 7:00pm Dinner & Awards
Special Guest: Justice Eva Guzman Supreme Court of Texas
If you would like to sponsor this event, please contact Sherry Jones at 817.338.4092 or sherry@tarrantbar.org. MARCH 2018
▪ TCBA BULLETIN 21
Membership Luncheon
Celebrating 50 Year Attorneys It was a pleasure to help honor you all for 50 years of service to our profession and our cities. That is no small achievement. Each of you have touched many people in both large and small ways through the years and helped guide them and their businesses as they add their energy and sweat to our country's economy. Even as we grow older, we can keep on being examples to our neighbors and colleagues in supporting and defending our justice system and the rule of law against erosion and defamatory attacks by the ignorant, self serving, and corrupt. Our profession is the main line of defense to preserve our great country. —Tolbert Greenwood, 50 Year Lawyer Chair
Edwin G. Bell
Bill E. Bowers
John V. Dowdy, Jr.
Richard N. Haskell
John R. Lively
Jerry Loftin
Don C. Plattsmier
Eloy Sepulveda
22 www.tarrantbar.org
â–Ş MARCH 2018
Donald R. Curry
“What advice would you give to a new attorney?” Do not hesitate to find a mentor you can trust and who will welcome your questions. Take advantage of an experienced older head who can help you navigate through your legal services, but, equally important, can teach you a lot about dealing with people. The law practice is a people profession, and sometimes solving people issues is equally, if not more, important than solving the legal ones. Learn to be a peacemaker as well as a problem solver. —John V. Dowdy, Jr.
A saying of the late Judge Eldon Mahon—“Tell your client what they need to hear, not what they want to hear.” —John R. Lively
MARCH 2018
▪ TCBA BULLETIN 23
Daily Conference Schedule Friday, April 20, 2018
11:00 a.m. Lunch & Welcome and Opening Remarks Kimberly Stoner – Chair, Bench Bar Committee 11:45 a.m. Ransomware. Are You Scared Yet? You Should Be. (.75/.5 Ethics) Panelists: Nick Bettinger, McDonald Sanders; Jeff Sanford, JurisFabrilis; John Lively, Jr., Lively & Associates 12:30 p.m. Highlights of the Tax Cuts and Jobs Act (.5) Ryan Scharar, J.D., CPA, MBA 1:00 p.m. Avoiding Problematic Attorney-Client Relationships (.5 Ethics) Charla Moore, Moore Family Law Firm 1:30 p.m. Protecting Yourself & Your Office: Workplace Safety, Firearm Compliance, and Duties/ Remedies for Responding to Overzealous Clients and Opposing Counsel (1.00) Moderator: Lance Evans, Evans, Daniel, Moore, Evans & Biggs Panelists: Caroline Harrison, Dowell, Pham & Harrison, LLP Paul Youngblood, Youngblood Law, PLLC Cynthia Gustafson, Tarrant County Criminal District Attorney’s Office 2:30 p.m. Judicial Panel – Trends & Tips Across Practice Areas (1.00) Moderator: Mike Schneider, Schneider Law Firm Panelists: Justice Mark Pittman, Second Court of Appeals Judge Bill Harris, 233rd District Court Judge Josh Burgess, 352nd District Court 3:30 p.m. Adjourn 3:45 p.m. 9 Hole Golf Tournament Lawyer Olympics 8:30–10 p.m. Casino Night & (Informal) Formal
Saturday, April 21, 2018
8:00 a.m. Breakfast 8:45 a.m. Top 10 School Law Topics Every Client, Family Member and Friend Will Want to Know (.5) Ben Barlow; Kathryn Hogan, Staff Attorney, Disability Rights Texas 9:15 a.m. Sexual Harassment in the Workplace: A View of Duties and Issues from Both Sides (.75/.5 Ethics) Antonio Allen, Dowell, Pham & Harrison, LLP; Susan Hutchison, Hutchison & Stoy, PLLC 10:00 a.m. Marijuana Laws – (.5) 10:30 a.m. Make You Want to Holler: Legal Ethics in Today’s Social Climate (.5 ethics) Rhonda Hunter, Chief of the Juvenile Division of the Dallas County District Attorney’s Office 11:00 a.m. Second Court of Appeals Case Law Update (.5) Justice Sue Walker, Justice Elizabeth Kerr 11:30 a.m. Vim, Vigor & Sanctions (.5 ethics) Steve Laird, Law Offices of Steven C. Laird Noon Adjourn 1:30 p.m. Judges’ Cup Golf Tournament 1:30 p.m. Wine Tour Meet bus at front lobby 7:00 p.m. Dinner, Awards, Trivia Night
Sunday, April 22, 2018 Rise and shine! Breakfast will be served between 7:00–10:00 a.m. MARCH 2018
▪ TCBA BULLETIN 25
WOMEN in the LAW LUNCHEON Leadership in the Bar, Bench, and Community
Celebrating the Impact of Female Attorneys in the Tarrant County Community Thank Y ou to Our Panel Members: Mayor Betsy Price
Criminal District Attorney Sharen Wilson & Senior Assistant City Attorney Laetitia Brown
Thank You to Our Sponsors
Premier Sponsor and Tiffany & Co. Drawing Sponsor
Event Sponsors Parker Straus, LLP Lawyers Bringing Facts Into Focus
Table Sponsors
Media Sponsor
Gift Sponsor
Also Sponsored by
Need CLE?
Last Tuesday CLE
March 27, 2018 1 - 4 PM | TCBA Office
Markets change. Are you prepared?
$80 for TCBA members $105 for non-members
Stop by or contact your Edward Jones financial advisor to schedule a financial review.
3 Hours Ethics DVD MKT-5163E-A
To register, contact sherry@tarrantbar.org.
www.edwardjones.com
Member SIPC
Breakfast with the Tarrant County Judiciary February 16, 2018
28 www.tarrantbar.org
▪ MARCH 2018
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Join Court Staff Sponsors for the Tarrant County
Court Staff Appreciation Reception & Awards Thursday, March 22, 2018 5:00 - 6:30 pm City Club, 301 Commerce Street, 2nd Floor Awards Presentation – 5:30 pm Kelly Hart & Hallman LLP Kirkman Law Firm, PLLC The Medlin Law Firm, PLLC Patterson Law Group
Naman Howell Smith & Lee, PLLC Thompson & Knight, LLP
Watson, Caraway, Midkiff & Lunningham, LLP Bourland Wall & Wenzel, PC The Family Law Firm of Donna J. Smiedt Roland Johnson Lisa Lumley Law Judge R.H. Wallace, Jr. The Weaver Firm, PC
If you have any questions, please call Sherry Jones or Megan Cooley at 817.338.4092. MARCH 2018
▪ TCBA BULLETIN 29
REWARD
PRESORTED Bar Bulletin ▪ March 2018 STANDARD Tarrant County Bar Association U. S. POSTAGE PAID 1315 Calhoun Street FORT WORTH, TX Fort Worth, TX 76102-6504 ADDRESS SERVICE REQUESTED PERMIT 1807
justice IS
DECIDEDLY
IN
✯ YOUR ✯
FAVOR
If any of your contact information is incorrect, please submit the corrected information to the TCBA office at 817.338.4092, fax to 817.335.9238 or email to lauren@tarrantbar.org.
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