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, 2015-2021) - Thomson Reuters
Honored to be the recipient of the 2021 Blackstone Award
l aw
O ffi ces
o f
S t e v e n C . L a i r d, P. C . 817.531.3000
1119 PENNSYLVANIA AVENUE, FORT WORTH, TX 76104
www.texlawyers.com
PRESIDENT’S PAGE
I
hope you have all had a wonderful start to 2022 and are looking forward to things to come this year! A quote that inspires me at the start of each year is by Benjamin Franklin, “Be at war with your vices, at peace with your neighbors, and let every new year find you a better man.” I wanted to take a moment and say THANK YOU. The TCBA had many changes and transitions in 2021 and I must thank the TCBA staff for their continued dedication and unfailing support of the bar association.
LOOKING FORWARD:
The new year always provides an opportunity to see where we have been and focus on where we are going. With the TCBA President only serving a one-year term, I think it is crucial to have a strategic plan to help focus on the future of the TCBA. I have formed a strategic planning committee which consists of members of the board but we would love your input!
by Kimberly Naylor
If you have thoughts on any of the following, please email me at kim@naylorfamlaw.com: Member Services and Benefits Marketing Diversity Technology Increasing Volunteers Committees (new committees/reducing committees/ increasing committees) CLE Increasing Membership and/or Any other suggestion you have to improve the TCBA.
A few stand-out events that have already occurred this year include the Women in the Law Luncheon, featuring Mayor Mattie Parker, and the 50-year Lawyer Membership Luncheon, when we got to celebrate two years’ worth of attorneys that had been practicing for over 50 years! There are many ways you can get involved this year – you can join LRIS and receive more referrals for your business; register for Bench Bar 2022 and go Back to the Bay; volunteer for one of our many community service opportunities like a legal clinic or the upcoming blood drive, and so much more! I am looking forward to the many ways this Bar is gathering this year and I am looking forward to seeing you at the next event! g
JANUARY–MARCH 2022
▪ TCBA BULLETIN 1
Tarrant County Bar Association 817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org 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 2021 President.....................Brian Singleterry Fall 2022 President.....................Aulstin Gardiner Immediate Past President.................Gary Medlin Executive Director.............................Kayla Dailey Ex-Officio Members State Bar of Texas Director........................................Kimberly Naylor Director.......................................Jason C.N. Smith
Contents Features
7 Get to Know the TCBA Staff 12 Tarrant County Bar Association’s 50 Year Attorneys 23 Message from Dee J. Kelly, Jr., 2021 Tarrant County Bar Foundation Chair
Departments 1 President’s Page 3 YLA Snapshot 6 100 Club 11 Texas Lawyers for Texas Veterans 15 Tarrant County Volunteer Attorney Services 16 Lawyers on the Move & in the News 17 Membership Report 17 A Word From Our Sections 18 CLE Corner 20 Judicial Profile - Judge Matthew Riek 24 Snippets 26 LegalLine Benefits of Membership
Bar Bulletin 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.
page 17
YLA Snapshot
“
Brian Singleterry 2021–2022 TCYLA President
I feel like a turtle on top of a fence post,” said 2021 Blackstone Award winner Steven Laird at November’s Law Day Awards Luncheon. “The turtle didn’t get there by himself.” This sentiment of gratitude was expressed by all the Law Day’s award winners. Each of them—even though their list of professional achievements would fill many pages— acknowledged that they could not have achieved what they did without the help of family, friends, colleagues, and mentors. Although I can’t say this for certain, I’d guess that many of those friends, colleagues, and mentors were found and formed through some type of bar association. Every winner’s resume showed deep involvement in the legal community. All of them served in multiple legal groups; all of them served in leadership positions; and all of them helped mentor younger lawyers. Two of them—Gregory Monroe and Katherine Hopkins—are past TCYLA Presidents. The TCYLA strives to be a place where young lawyers can meet friends and mentors, have fun, and develop their professional identity. Here are just some of the events TCYLA has recently been involved with: • CLE from top lawyers in the community—including a judicial panels from our Tarrant County judges. Our January panel included Judge Pierson, Judge Gallagher, and Judge Wilkinson. We hope to host future panels with criminal and family judges. • Happy hours and socials, which provide our members and other lawyers an opportunity to meet people and get to know people better. Our December happy hour was sponsored by the Tarrant County Business Litigation Section, mixing our members with some of the top lawyers in the County. • Community service events, such as our December event with the Tarrant County Boys & Girls Club, helping kids make Christmas ornaments. We also have a grant from the Texas Young Lawyers Association to make Tarrant County’s Child Protection Courts a more friendly place for kids. • Spring Fiesta, which is TCYLA’s biggest event of the year, will happen for the first time in two years in 2022. It always attracts TCYLA members, TCYLA alumni, lawyers, and Tarrant County judges.
It was through these types of events that I met many of my friends and mentors. Looking back on my life and career, I also know how that turtle feels. Although I’ve not accomplished anything near what Steven Laird and the other award winners have, I would not be where I am today but for the help I received along the way. So please, get involved, and I hope to see you soon! g
Members can access all free online CLE available on the TCYLA’s e-community.
If you are not a member of TCYLA, contact Lauren St. Clair at laurensc@tarrantbar.org to purchase the recording.
Tarrant County Young Lawyers Association Latest Webinars:
Topic: Lessons from the Bench - What Young Trial Lawyers Need to Know Before Practicing in Tarrant County Judicial Panel: • Judge J. Patrick Gallagher, 96th District Court • Judge Don Pierson, County Court at Law No. 1 • Judge Melody Wilkinson, 17th District Court CLE: 1 hour Topic: How to Prepare for your First Big Trial Speaker: Robert E. Haslam, Esq., The Haslam Firm CLE: 1 hour
http://www.tcyla.org/
We're Social | Follow Us Tarrant County Young Lawyers Association @TCYLA The Tarrant County Young Lawyers Association is an organization for attorneys 35 years of age or younger or attorneys who have practiced law for less than 10 years. To become a TCYLA member, please visit www.tarrantbar.org/TCYLA.
JANUARY–MARCH 2022
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4 www.tarrantbar.org
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JANUARY–MARCH 2022
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Members of the 2021–2022
100 Club
*List Reflected Below is as of February 11, 2022 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 Freeman Mills P.C. 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 Sharen Wilson, Criminal District Attorney's Office 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. 6 www.tarrantbar.org
▪ JANUARY–MARCH 2022
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
A MESSAGE FROM THE EXECUTIVE DIRECTOR
by Kayla Dailey
Get to Know the TCBA St a f f ➢ CAROLINA – the veteran and backbone of the TCBA.
Carolina is the longtime director of LRIS, but more recently she has adopted the title of office piñata creator. She has more experience at the TCBA then the rest of the staff combined and has an unrivaled memory. Her over 20 years of service to the Bar deserves more kudos than I can articulate.
➢ ELIZABETH – award winning communications director
T
he TCBA is over halfway through the Bar year and very little looks the same as it did when the year started in July 2021. Former Executive Director and my predecessor, Megan Cooley, became the General Counsel for Texas Wesleyan University on October 1. That was also my first day as the Interim Executive Director, while continuing as Pro Bono Programs Director. October and November were a whirlwind. There was a swearing in ceremony for newly licensed attorneys, Advocates for Justice Luncheon, Law Day Luncheon, and five pro bono clinics in the span of about 8 weeks. When I started as Interim, I fully intended to hand off the post to the new Executive Director at the end of the 90-day period, but something happened that I could not have anticipated. The TCBA team is made up of energetic committee members, devoted board members, and invaluable staff. Together we work to provide meaningful life moments for others, celebrate what it means to be part of the Tarrant County legal community, and create a place of growth and belonging for judges, lawyers, paralegals, law students, and others. In my first 45 days as Interim, I realized my enthusiasm and passion for bridging the judice gap through pro bono services mirrors my desire to increase togetherness within the Bar. This epiphany motivated me to throw my metaphorical hat in the ring, and on December 1, I became the permanent Executive Director of the Bar Association and Bar Foundation, while still serving as the Interim Pro Bono Director. I care deeply for the success of the TCBA and the TCBF, and I am enthusiastically approaching the role of ED as a willing learner and listener. I graduated from Texas A&M University School of Law in 2016, and I am thankful for the close collaborations between the Bar and the Law school. The work of the Foundation and the Association are integral to the legal community and to the public’s well-being. It is made possible by all the members, but also by the staff. My appreciation for the current TCBA staff grows with each day. Here’s my two cents about the stellar team:
and chief officer of making the office smell incredible. Elizabeth makes the Bar look good through the bimonthly bulletin, weekly emails, and signage/programs/anything designed at all events. She is easily the most even keeled in the office, even when balancing countless deadlines.
➢ JEN – administrative assistant and jill-of-all-trades. Jen
is the go-to woman and ultimate helper for every event, but you will likely speak to her most as the Attorney ID badge guru. Her willingness and excitement for making other’s jobs easier sets her apart. Stop by her office to see adorable pictures of her pets.
➢ LAURA – bookkeeper and resident motivational speaker.
Laura approaches each day and situation with optimism and excitement. She is patient and thoughtful – unique traits for someone who loves numbers as much as her. She is a steady source of encouragement and continues to make the team better with her sunny disposition.
➢ LAUREN – fearless membership director, tech wizard,
and second wittiest in the office. Lauren tenaciously approaches each task or event. She is insanely well-read and likely has an opinion about your favorite book. Her constant resilience has been instrumental to the success of the staff, as her contributions extend far past her membership fiefdom.
➢ SARAH – pro bono programs director and the most rec-
ent addition to our team. Sarah’s enthusiasm for the role, TCBA team, and Tarrant County community set her apart. She is intelligent, resourceful, brave, and poised, and on top of all of that, she bakes. Reach out to Sarah and ask how you can volunteer today!
➢ TRACY – office manager and self-appointed Mom of the
staff. She ensures we stop for lunch, has a laugh you can hear through the halls, and can somehow do four things at once. She is the director of first impressions here as she answers the phones, door, mail, etc. Tracy has bottomless energy and assists with every event. JANUARY–MARCH 2022 TCBA BULLETIN 7
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It is our goal at the Bar Association to support our members in their legal and professional practice, as well as in their day-to-day lives. We continue to investigate ways to improve your experience as a member, and the benefits we offer you. If I haven’t already, I hope to meet you and learn how the Bar Association can help you and our profession.
STAFF PROFILES
Name: Kayla Dailey Title: Executive Director of the Tarrant County Bar Association and Tarrant County Bar Foundation TCBA Start Date: 08/12/2019 Hobbies: Running and reading – I ran my first (and potentially only) marathon last year. Standout TCBA memory: The October 2021 swearing-in ceremony got planned at breakneck speed, because the results came out a month earlier than normal. About 10 minutes after results were released, the staff decided we were going to make it happen. The Justices’ excitement and the staff ’s adaptability fueled the event. I won’t soon forget the feeling of seeing the new lawyers and their families celebrate their accomplishments at an event that almost wasn’t. Name: Carolina Ibarra Title: Lawyer Referral & Information Service Director TCBA Start Date: 05/03/1999 Hobbies: Helping the family make piñatas and traveling Standout TCBA memories: Having the opportunity to spend a week in Costa Rica with judges and lawyers in 1999; When the TCBA ladies hit the first piñatas in 2021.
Name: Elizabeth Banda Title: Communications Director TCBA Start Date: 06/21/2017 Hobbies: spending time with my dogs and cat, listening to podcasts, fantasy sports, knitting, self-described news junkie and tech enthusiast Standout TCBA memory: The standout memory I have is early 2020 when TCBA’s new website and database launched during the peak of COVID-19. Staff made a cooperative effort learning the new system while working remotely and simultaneously transitioning all events from in-person to virtual. 8 www.tarrantbar.org JANUARY–MARCH 2022
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in a very strong chain.
Name: Jennifer Fenaughty Title: Administrative Assistant TCBA Start Date: 11/17/2021 Hobbies: Traveling; studying the paranormal Standout TCBA memory: Everyday is a standout memory, as everyday we come together as a team. We laugh together, stress together and celebrate together, all while getting the job done. We are all links
Name: Laura Wiley Title: Bookkeeper TCBA Start Date: 11/22/2021 Hobbies: Baking, spending time with family and reading up on old Texas history. Standout TCBA memory: With only being here less than 3 months, my standout memory would be our team Christmas party and getting to know one another. And smashing my first piñata was also fun. Name: Lauren St. Clair Title: Membership Director TCBA Start Date: 02/18/2020 Hobbies: reading and hanging out with my dog, Barney, who was recently Canine Good Citizen certified! Standout TCBA memory: Hands down, the standout memory of my time so far with the TCBA was the October 2021 Swearing-In Ceremony. Bar exam results from the State Bar were released surprisingly early, and the entire staff immediately went to work on planning the event to ensure the recent bar passers were celebrated. We saw a record-turnout of new attorneys along with their families at the event as well as an outpouring of support from the TCBA leadership in attendance and Justices from the Second Court of Appeals. It was an event that I won’t soon forget after hearing the inspiring words from the justices and TCBA leadership as well as witnessing the overwhelming support and emotional moments from the new attorneys and their families.
CONTACT STAFF kayla@tarrantbar.org carolina@tarrantbar.org elizabeth@tarrantbar.org jennifer@tarrantbar.org
laura@tarrantbar.org laurensc@tarrantbar.org sarah@tarrantbar.org tracy@tarrantbar.org
Name: Sarah Hoffman Title: Pro Bono Programs Director TCBA Start Date: 02/08/2022 Hobbies: I enjoy listening to audio books and true crime podcasts, and I also enjoy going to hot yoga classes.
Name: Tracy Card Title: Office Manager TCBA Start Date: 06/15/2021 Hobbies: Spoiling my grandchildren, family and friends Standout TCBA memory: It is hard to select just one favorite memory within my short time thus far at the Bar Association. The sense of accomplishment and pride with helping run the Advocates for Justice luncheon followed by a week later with the Law Day Awards luncheon makes me smile and know that as a team we can do anything we set our minds to. Being able to assist with the Swearing-In Ceremony and getting to witness the nervousness and excitement of the new attorney’s as they embark on their new accomplishment as well as the pride found on their families faces as they watched their family member achieved their goals was such a feeling of success. Getting to break our COVID piñata last fall was a fun team building experience that makes me laugh. All of these reassure me in knowing that I have found the right fit for my career path and being able to be part of this great group! I look forward to 2022 and getting to see what great things lie ahead of us all.
Staff Piñatas made by Carolina Ibarra LRIS Director
Report of the 2021–2022 Election Committee
P
ursuant to Article 9 of the Bylaws of the Tarrant County Bar Association and upon approval of a majority of the Board of Directors, the 2021–2022 Election Committee presents the following nominations to be placed on the 2022–2023 Election Ballot. PRESIDENT-ELECT Lu Pham VICE PRESIDENT Scott Lindsey SECRETARY-TREASURER Mike McBride Marvina Robinson DIRECTOR, PLACE 1 Ola Campbell Giuliana Vural Angel Williams DIRECTOR, PLACE 2 Bryan Bruner Jennifer Littman Ryan Scharar DIRECTOR, PLACE 3 Lyndsay Newell Leslie Robnett Paul Wieneskie
The online election will begin on or about Wednesday, March 9, 2022 and will end on Friday, April 5, 2022. I’d also like to express my deepest appreciation to the following individuals for serving on the Election Committee: Karen Denney Chandler Grisham Steve Hayes Steve Maxwell
Gary Medlin Shelby White Kimberly Naylor Rachel Wright Dwayne Smith Ryan Valdez
Respectfully submitted, Angel Williams, Chair JANUARY–MARCH 2022
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Texas Lawyers for Texas Veterans
Tarrant County Chapter
T
2021 TLTV Ye a r in Review
LTV had another excellent year! Texas Lawyers for Texas Veterans expanded this year to be able to assist veterans and their families. TLTV Tarrant County can
Over
260
91
veterans
unique attorneys
received free legal advice through remote legal clinics
volunteered their time and services
Whatever your main practice area is, low-income veterans can use your help and TLTV is excited to welcome you to the team of volunteers! Email sarah@tarrantbar.org to find out how.
now assist veterans in contiguous counties (except for Dallas) with their legal issues if they meet the income guidelines. Here are a few highlights from the year:
Over
M ore th an
hours
veterans
1,000
were volunteered on cases and consults
3,400
have received assistance since TLTV-Tarrant County began
CASE ACCEPTING ATTORNEYS
CLINIC ATTORNEYS Brittany Brantley Julie Camacho Ola Campbell McKenzie Coe John Corbin Jonathan Fox Deborah Krane
Mike McBride Colin McLaughlin Jason Miller George Muckleroy Lynn Rodriguez Melissa Sircar
Ola Campbell
The Law Office of Ola Campbell
Jonathan Fox
HEROES WILLS CLINIC ATTORNEYS Brittany Brantley Ola Campbell John Corbin Karen Johnson
Cynthia Maragoudakis Kathy Roux Ethel Steele Tom Watson
The Law Office of Jonathan W. Fox, PLLC
John Corbin
Law Office of John J. Corbin
Randall Moore
The Law Offices of Randall D. Moore, PLLC
Clayton Everett Norred Law, PLLC
David Pritchard
The Pritchard Law Firm
*as of December 20, 2021
Looking for ways you can support TLTV but unable to volunteer? CONSIDER SPONSORING A REMOTE OR IN-PERSON CLINIC!
JANUARY–MARCH 2022
▪ TCBA BULLETIN 11
“What has been a lesson you have learned in your 50 years of practicing law?” “More than one lesson from some of the best lawyers in the nation, many from right here in Fort Worth!”
“To zealously and professionally represent our clients, I believe we should be quick to listen, slow to speak, prepare unceasingly and realize that the view is always better from the high road.”
—Albon Head, Jr. 2021 Honoree
—Tom E. Hill Chair and 2022 Honoree
“When I was a brand new prosecutor, veteran court reporter Betty Robinson told me if I wanted to be a trial lawyer to “stand up, speak out, and slow down!” It has worked for 50 years.”
“Human nature is fascinating, but often troubling, and I miss the collegiality, veracity and trust that once seemed to be the rule, rather than the exception among attorneys, and sadly, it seems to me that this applies to non-lawyers as well.”
—Jack Strickland 2021 Honoree
—Donald Nix 2021 Honoree “Learn the difference between the urgent and the important and keep client’s needs in the right perspective.”
—Wayne Whitaker 2021 Honoree
“Courtesy to the court, opposing counsel and witnesses is the secret to being a successful trial lawyer.”
—William Frank Carroll 2022 Honoree
2021 HONOREES Richard Bourland David Casey Steven Ginsberg Robert Grable Gerald Haddock Albon Head Jr.
Morton Herman Bruce James J. Lyndell Kirkley Evelyn Leopold Donald Nix Harold Owen
Reid Rector R.G. “Rusty” Russell Stephen Segal Jack Strickland Richard Ward Wayne Whitaker
“My 50 years of practice have been a wonderful journey. My clients have been from every walk of life. The best lesson I have learned in my practice of criminal defense law is to -Never run with your clients.”
—Jimmy Carter 2022 Honoree
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“Learn something every day, especially from your own mistakes. Be grateful every day for the opportunities you are given.”
“Don’t trouble trouble until trouble troubles you.” —William Greenhill 2022 Honoree
—James Creel 2022 Honoree
“There is no substitute for preparation.”
“Expect change – stay up to date and vigilant.”
—Kris Landrith 2022 Honoree
—Gary Nickelson 2022 Honoree
“A lesson learned during my 50 years of practicing law came from the great poet Maya Angelou who said “I’ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel”. The easy part was learning the lesson; the hard part is remembering it every day when I interact with clients, staff, associates, and family.”
“Your reputation for honesty and ethics trumps all else” —Ken Sparks 2022 Honoree
—Lonnie Robin, 2022 Honoree
“Hon. L. Clifford Davis told me in 1972 when he hired me out of law school, ‘When you leave the table, make sure your opposing counsel knows there an attorney on the other side of the table.”
“The most important thing I have learned is that how professionally you act toward your opposing counsel, the opposing party, the court, the court staff, your office staff, and your own client will be remembered by more people and for a much longer time than the result you achieve in the particular case or transaction.”
—John White, Jr. 2022 Honoree
—Robert West, 2022 Honoree
2022 HONOREES G. Thomas Boswell R. David Broiles B. Frank Cain William Carroll Jimmy Carter James Creel
H. E. “Ridge” Dickey Sharon Gabert E. Glenn Gidel William Greenhill Layne Harwell Tom E. Hill
Robert Hoover Jeffrey Kearney Wallace Keller Kris Landrith James Mallory Kirk Manning Jesse Molina Kerry Moseley Gary Nickelson
Kenneth Price Lonnie Robin Marshall Searcy Judge M. Kent Sims Kenneth Sparks Dennis Swift Robert West John White Jr. Richard Wilhelm
a special thanks to chair tom E. hill for leading the program honoring these attorneys.
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Tarrant County Volunteer Attorney Services 2021 TVAS Ye a r in Review
T
here are many people to thank for a wonderful TVAS year. Nearly 80 people received assistance with uncontested divorces, guardianship, evictions, driver’s license restoration, or estate planning. Over 70 guests of True Worth Place received help with issues related to homelessness. 20 paralegals, 35 law students, and 72 attorneys participated in 9 remote clinics held throughout the year. There are ways you can help! Jump in on one of the uncontested divorce clinics and help someone with their noTHANK YOU TO THE VOLUNTEERS THAT ASSISTED WITH THE DECEMBER KELLY HART GATEHOUSE CLINIC!
PARALEGALS Kellie Daniels Susan Davis Susy Johnson
Andrea Saitis Julie Sherman
property, no children divorce. Participate in the LANWTTVAS Evictions Defense Project and assist someone facing imminent eviction from their home. Assist a veteran with drafting their end-of-life planning documents. For all these opportunities mentors and CLE are available. You can make a difference through pro bono efforts! Email sarah@tarrantbar.org to find out how. g
ATTORNEYS Joseph Austin Whitney Beckworth Orest Dachniwsky Austin Franklin John Fronk Kat Hopkins Paul Lancaster
Kaitlin Paule Kyle Rahl Mallory Schuit Mason Smith Lizzy Thomas Christopher Wilks
Fort Worth Paralegal Association
Tarrant County Volunteer Attorney Services Looking for ways you can support TVAS but unable to volunteer? Consider sponsoring a clinic! Contact sarah@tarrantbar.org for more details. JANUARY–MARCH 2022
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Welcome New Members of the TCBA:
LAWYERS ON THE MOVE &
in the News
ATTORNEYS Maxwell Appel Jonathan Barnes Kimberly Barragon Alaina Berecin Tyler Coleman Nicholas Eber Steven Elliott Megan Ferguson James Fletcher Craig Foster John Fronk Laura Ganoza Amy Heverly Loretta Hewitt Brady Howell Lynda Jetton Ana Ibáñez Lance Kitchens Roddy Lopez Martha Melaku Ashton Moore Lanita Morgan Gwendolyn Nale Amanda Nicodem Edward Odre Kaitlin Paule Ashley Pierce Rachel Raggio Riley Reynolds Fredericka Sargent Alexandra Schooley Girraud Stephens Olivia Stoner Alexander Trono Jean Truglio Gerardo Villegas Jacob Wall Eric Walraven Arielle Williams
Alejandra Conoley
Mark Maples
After a quarter century on the 11th floor of the Oil & Gas Building, Broude Smith Jennings & McGlinchey PC has completed an arduous journey (diagonally across the street) and set up shop in the Fort Worth Club Building. Their new office address is 306 West 7th Street, Suite 306, Fort Worth, Texas 76102. All other information remains the same. Brackett & Ellis is pleased to welcome associate Alejandra Conoley to the firm. Alejandra received her Juris Doctorate from UNT Dallas College of Law and earned her B.S. from University of Texas at Arlington. Alejandra will focus her practice primarily in insurance defense. Brackett & Ellis is proud to announce that Mark Maples has been named a Shareholder of the firm. Mark focuses his practice on estate, trust, and tax planning. He also represents executors and administrators as they navigate the intricate estate administration process. John Penn has received the American Bankruptcy Institute (ABI)’s 2021 Lifetime Achievement Award. ABI’s highest award recognizes his sustained and deep commitment to the leadership and governance of the organization in several leadership roles over many years. A former ABI president and chairman and an ABI member since 1988, John is the firmwide chair of Perkins Coie’s Bankruptcy & Restructuring practice and is also a fellow in the American College of Bankruptcy.
Pope, Hardwicke, Christie, Schell, Kelly & Taplett L.L.P is pleased to announce that Leonard B. Smith has joined the firm as a Partner. Mr. Smith gradu16 www.tarrantbar.org JANUARY–MARCH 2022
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John Penn
Regina VasquezEspinosa
ated from the University of Texas School of Law. His practice focuses primarily on municipal law, zoning, and land use issues. Mr. Smith may be reached at 500 W. 7th Street, Suite 600, Fort Worth, Texas 76102, 817-332-3245 or 512-914-3732, Lsmith@popehardwicke.com. Phelps joined this year’s list of firms working to close the gender gap in partner promotion at large law firms. The firms awarded for “Tipping the Scales” had 50% or more women in their 2021 partner class. Recognized firms were chosen by the Diversity & Flexibility Alliance’s New Partner Report, a yearly breakdown of data from more than 100 of the largest law firms in the U.S. Phelps earned a spot on the list thanks to its 2021 partner class, led by three talented and dedicated women attorneys— Ashley Heilprin, Erin Malone, and Regina VasquezEspinosa. The 67 “Tipping the Scales” firms were recognized at the Diversity and Flexibility Alliance’s Annual Conference. The Diversity and Flexibility Alliance is a think tank that works with organizations to create flexible workplace policies that promote inclusive work cultures and advance more women into leadership positions. It provides resources, training and strategic advice to improve organizational effectiveness through diversity and flexibility. g
If you are a TCBA member and would like to place an announcement in the Bar Bulletin, we would like to hear from you. Please submit information by email to elizabeth@tarrantbar.org.
MEMBERSHIP REPORT
T
Louis Brown Kelsey Picken
STUDENTS
N e w Year, N e w Event Lineup
he TCBA has kicked off 2022 with a 50% off membership promotion for all new and lapsed members through the end of March. Spread the word to your non-member friends and colleagues! If you are a current TCBA member, you may consider gaining a new client base by joining our Lawyer Referral and Information Service for 50% off as well! If you would like more information about LRIS, contact our LRIS Director at carolina@tarrantbar.org. You may recognize that our event calendar is filled with great opportunities to network and earn CLE. In February, we hosted a TCBA Membership Luncheon honoring attorneys celebrating their 50 years of practicing law career milestone. The Women Attorney section also hosted their annual
Women in the Law Luncheon featuring Mayor Mattie Parker as the keynote speaker. We are also happy to announce the return of a memberfavorite event – Bench Bar 2022: Back to the Bay! For more information on upcoming events, you can visit the TCBA website at www.tarrantbar.org/CalendarofEvents.
STILL IN NEED OF CLE?
The TCBA can help! If you haven’t already, feel free to check out TCBA’s CLE on Demand catalogue at www.tarrantbar.org/CLEonDemand. As always, thank you for your support of the TCBA and we look forward to seeing you at the next event! g
. . . AND NOW A WORD FROM OUR SECTIONS
By Tracy Card, Office Manager
Interested in Being a S ect i on Officer?
A
ASSOCIATES
By Lauren St. Clair, Membership Director
s we begin March, I would like to thank you all for your participation within your sections and the welcoming I have received since coming to the Bar Association. I look forward to working with each of you in the future. Remember that the new Bar term begins July 1, so with this, you want to start thinking
about who you would like to be in place to lead your section. New officers will need to be in place by June 1. Are you one that would like to continue in your position, run for a new role, or have a great idea of who should be a good leader? Feel free to let me know so that we can begin working together to get everything aligned. g
JANUARY–MARCH 2022
Rebekah Acosta Lawrence Allard Carol Barrera Tanner Barnes Michael Betrus Samantha Brown Tanner Daniels Ian Durupt Cullen Flaherty Phoebe Giglotti Garett Godkin John Hogg Fatima Kouadio Lauren Lucio Maya Madden Ana Martinez Cecil Mattson Leah Reyes Suhail Sandhu Hannah Singley Julia St. John David Stiles IV Thomas Tanabe Dawson Townsend Anna VanPelt Jamonica Warren Miao Wen Trevor Wooten Alexander Yow
▪ TCBA BULLETIN 17
CLE CORNER
Member Benefit: Free and Low-Cost On-Demand CLE Section Webinars:
Energy Law Section
Appellate Law Section
Topic: Going Sideways: Vertical-Well Rules in a HorizontalWell World Speaker: William Keffer, Director of Energy Law Programs at Texas Tech University School of Law CLE: 1 hour (FREE for TCBA Members)
Section members can access free online CLE that is available on the section’s e-community. If you are not a member of a section and want to access a particular recorded CLE, visit www.tarrantbar.org/cleondemand or contact Lauren St. Clair at laurensc@tarrantbar.org to purchase the recording. Topic: Brain Break with the Sixth Court of Appeals (Texarkana) Moderator: Jeanette Strange, Fifth Court of Appeals - Dallas Judicial Panel: • Chief Justice Josh R. Morriss, III • Justice Scott E. Stevens • Justice Ralph K. Burgess CLE: .75 hour of Ethics (FREE for TCBA Members) Topic: Brain Break with the Eleventh Court of Appeals (Eastland) Moderator: Jeanette Strange, Fifth Court of Appeals - Dallas Judicial Panel: • Chief Justice John M. Bailey • Justice W. Stacy Trotter • Justice Bruce Williams CLE: .5 hour of Ethics (FREE for TCBA Members) Topic: Brain Break with the Seventh Court of Appeals (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 for TCBA Members)
Business Litigation Section
Topic: Discovery Strategies in a Virtual World Speaker: Cole Riddell, Haltom & Doan CLE: 1 hour (FREE for TCBA Members)
Construction Law Section
Topic: One Satisfaction at a Time – Allocating Settlement Proceeds in a Multi-Party Construction Dispute Speaker: Travis Brown, Partner, Allensworth CLE: 1 hour (FREE for TCBA Members) Topic: Construction Employers and OSHA Violations: Willful Violations, Civil and Criminal Penalties Speaker: Taylor E. White, Winstead PC CLE: 1 hour (FREE for Section Members, $5 for Non-Members) 18 www.tarrantbar.org JANUARY–MARCH 2022
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Topic: $75.00 WTI and $6.00 Henry Hub: Maintain Capital Discipline or Game On?! Speaker: Greg Scheig, CFA CPA, Vantage Point Advisors CLE: 1 hour (FREE for TCBA Members)
Environmental Law Section
Topic: Liquid Business: Is Water Becoming the New Oil? Speaker: Professor Vanessa Casado-Pérez, Texas A&M University School of Law CLE: 1 hour (FREE for TCBA Members) Topic: Updates to TCEQ’S Waste Program & Lead/Copper Rules Speakers: Jonathan M Skaggs, PG, Senior Geologist, GSI Environmental Inc.; Lila Beckley, PG Senior Geologist, GSI Environmental Inc.; Philip Goodrum, PhD, DABT, Principal Toxicologist, GSU Environmental Inc. CLE: 1 hour (FREE for TCBA Members)
Fort Worth Business & Estate Section
Topic: Charitable Gift Planning Speaker: Bryan Clontz, Charitable Solutions LLC CLE: 1 hour (FREE for Section Members, $30 for Non-Members)
Labor & Employment Law Section
Topic: Developments in Texas Employment Law Speaker: Professor Richard Carlson, South Texas College of Law CLE: 1 hour (FREE for TCBA Members)
Real Estate Section
Topic: Changes to Chapter 53 of the Texas Property Code Governing Mechanic’s and Materialman’s Liens (M&M Liens) Speaker: Erin E. Eckert, Eckert Law CLE: 1 hour (FREE for TCBA Members) Topic: Real Estate Section Legislative Update Speaker: Mary Barkley, Cantey Hanger LLP CLE: 1 hour (FREE for TCBA Members)
SIDEBar Conversation Series - Presented by Real Estate Section and Diversity Committee The Intersection of DFW History, Race and Real Estate Topic: The Remnants of Racism in Real Estate Documents Speaker: Martin Garcia, Co-Owner & Attorney at Law, Simplified Title Company, LLC CLE: 1 hour (FREE for TCBA Members)
Missed a recent Brown Bag?
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.
Brown Bag Seminar (Webinar)
Topic: Appellate Law CLE: 3.25 hours Presentations include: Moderator: Tori Ford Oblon, Tarrant County Criminal District Attorney’s Office, Post-Conviction Unit • Legal Writing from the Reader’s Perspective: A Revolutionary Way to Control the English Language Speaker: Dr. George D. Gopen, Ph.D., J.D., Professor Emeritus of the Practice of Rhetoric, Duke University • Legal Writing: Lessons from the Bestseller List Speaker: Chad Baruch, J.D., Johnston Tobey Baruch, P.C. • Moving Forward Part 1: A Trial Judge’s View of Court in a Post-Covid World Judicial Panel: Judge Brooke Allen, Probate Court No. 2; Judge David Cook, County Criminal Court No. 1; Judge Pat Gallagher, 96th District Court • Moving Forward Part 2: An Appellate Judge’s View of Court in a Post-Covid World Judicial Panel: Chief Justice John Bailey, Eleventh Court of Appeals, (Eastland); Chief Justice Bonnie Sudderth, Second Court of Appeals, (Fort Worth); Justice Amanda Reichek, Fifth Court of Appeals, (Dallas)
Brown Bag Seminar (Webinar)
Topic: Real Estate and Construction CLE: 3.75 hours Presentations include: Moderator: Mary Barkley, Cantey Hanger LLP • Updates in Construction Defect Litigation Speaker: Cara Kennemer, Underwood Law Firm, P.C. • Texas Water Law Speaker: Howard Slobodin, General Counsel, Trinity River Authority • Zoning Law Updates Speaker: Justin Light, Assistant General Counsel, Ben E. Keith • Updates to Lien Laws Speaker: Stephanie Harrison, Harrison Steck, P.C. • Updates to Laws Pertaining to Homeownerr Associations Speaker: Kate Kilanowski, Cagle Pugh
Brown Bag Seminar (Webinar) - Healthcare Law
CLE: 3.75 hours (Recording will be available February 28.)
Child Welfare CLE
CLE: 4 hours Presentations include: Moderator: Judge John Eck, Associate Judge, Child Protection Court • Legislative Update Speaker: Katherine Allen, Attorney at Law • Procedures and Attorney Representation Speaker: Judge John Eck, Associate Judge, Child Protection Court • Common Pitfalls in CPS Litigation Speaker: Brian Newman, Attorney at Law • Children without Placements and Capacity Issues Speaker: Courtney Leaverton, Director of Community Engagement, Our Community Our Kids • Trauma Informed Care (TFC 107.004) Speaker: Daren Jones, Associate Director of Training & Consultation, TCU, The Karyn Purvis Institute of Child Development
Upcoming CLE
Register at www.tarrantbar.org
March 17, 2022 | 12:00 p.m. – 1:00 p.m.
Fort Worth Business & Estate Section Meeting
Topic: Recent Developments in Estate Planning Location: City Club of Fort Worth 301 Commerce Street, Fort Worth, TX 76102 Speaker: Professor Stanley Johanson, The University of Texas School of Law CLE: 1 hour (FREE for Section Members, $30 for Non-Members)
March 22, 2022 | 12:00 p.m. – 1:00 p.m.
SIDEBar Conversation Series Presented by Real Estate Section and Diversity Committee
The Intersection of DFW History, Race and Real Estate Topic: History’s Impact on Inequitable Housing Today Speaker: Mary-Margaret Lemons, President, Fort Worth Housing Solutions CLE: 1 hour (FREE Event)
March 30, 2022 | 3:30 p.m. – 4:15 p.m.
Brain Break with the Tenth Court of Appeals (Waco)
Moderator: Jeanette Strange, Fifth Court of Appeals - Dallas Judicial Panel: • Chief Justice Tom Gray • Justice Matt Johnson • Justice Steven Lee Smith CLE: .75 hour of Ethics (FREE for TCBA Members) Registration coming soon. JANUARY–MARCH 2022
▪ TCBA BULLETIN 19
JUDICIAL PROFILE
By Perry Cockerell, Perry Cockerell, P.C.
Judge Matthew Riek, 360th District Court
J
udge Matthew Riek has been the Associate Judge of the 360th District Court in Tarrant County since January 2017. His appointment to the associate judge position followed the election of Judge Patricia Baca Bennett to the 360th District Court and caps an entire career devoted to family law and mediation. Judge Riek’s parents were Ronnie Riek and Edna Corbett Riek and he had a younger brother Bradley Riek. While growing up his family lived in many towns. His father was a small-town banker who moved the family frequently. “He was upwardly mobile trying to find the next better job. We had a lot of stops.” The family lived in Abilene, Dalhart, Amarillo, Fort Worth, Brownwood, and Oklahoma City. A graduate of Brownwood High School in Brownwood, Texas in 1986, Judge Riek received his B.B.A from Baylor University in 1990 and his J.D. from Texas Tech School of Law in 1993. After law school, he worked for two years for the firm of Earl Luna in Dallas handling school law. In 1995 he moved to Arlington to work with the Ball Law Firm. “Chester Ball was an excellent Tarrant County lawyer.” In 1997 he joined Bailey & Galyen and worked in their Bedford and Arlington offices. In 2006 he set up his own law firm in Arlington and practiced for ten years before being appointed to the associate judge bench in January 2017. During his years in private practice, he handled sixty percent family litigation and forty percent family law mediation. Judge Riek advanced professionally in his career in family law. In 2004 he became Board Certified in Family Law. In 2007 he was named a Rising Star by the Texas Monthly Magazine and a Super Lawyer in 2011 and 2013 through 2016. From 2008 to 2016 he was named a Best Family Lawyer in Tarrant County in Fort Worth Magazine. He is a member of the Texas Academy of Family Law Specialists. He also served as President of the Tarrant County Family Law Bar Association in 2011 following years of service as a member of the organization’s Board of Directors. Judge Riek has been a frequent speaker at courses by the State Bar of Texas and other legal organizations.
Tarrant County Recovery Court
Judge Riek is a member of the Texas Association of Specialty Courts. In addition to his duties as the Associate Judge of the 360th, Judge Riek oversees the Tarrant County 20 www.tarrantbar.org JANUARY–MARCH 2022
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Recovery Court. “I have a specialty drug recovery court that I've managed. These are cases where parents have had their children removed because of drug use and neglect. It’s a specialty court designed to assist people in getting back on their feet and recovering from drug addiction and being able to be reunited with their kids.” The court works closely with a team of social workers, CPS or OCOK workers, and MHMR. The court requires regular drug testing, counseling, and careful monitoring. “It’s designed to help people find stable housing and stable employment and hopefully find full recovery and be reunited with the kids.” “This program was founded by Judge Ellen Smith when she was an associate judge. She built the program for almost 10 years.”
Life in the 360th District Court
The court is located on the fourth floor of the Family Law Center at 200 E. Weatherford Street in downtown Fort Worth. Judge Patricia Bennett is the elected District Judge. Brittany Terry, the court coordinator, has been with the court for six months. Katherine Kramer is the court reporter and Deputy Vigil and Deputy Mills are the bailiffs. During the COVID pandemic, the court continued in operation by zoom hearings. “We had attorneys email exhibits to our court before hearings. We've returned to in-person hearings at this point and have lawyers bring their exhibits to the hearing and make sure that they are bringing the local rule documents that they have so they are exchanged before the hearing.” Presently the court is trying cases on a regular basis. “We’ve been back mostly in person for some months now. I hear general dockets of family law cases every morning and they're usually really busy. And they're tough days because they're usually the first time that a family has had to come to court on their family law case. Associate judges would generally hear the first appearance on a divorce and those hearings tend to sometimes be a little highly charged.” “I normally hear special set hearings every afternoon. And so, if somebody needs more than an hour or so they're sometimes reset on a special set afternoon hearing so that we can devote a little bit more time for cases with complicated issues or lots of witnesses.” The court can hear final trials in some cases. “They’re usually matters that can be tried in less than a half a day or less and that are heard by agreement of both parties and lawyers.” The Judge’s advice to the new lawyer is, “number one,
not to be afraid to come in and talk to the judge and ask for advice or direction. Obviously not on their particular case, but just on procedures and questions about how to practice. Second and probably more important is to find a mentor in the bar association or somebody that's done lots of family law, because most of the experienced family lawyers in Tarrant County are very willing to mentor young lawyers. I'm always glad to sit down with a new lawyer or a young lawyer to talk about family law.” Judge Riek has been married for twenty-one years to his wife René and they have two daughters. René is the Director of Special Education at Hurst Euless Bedford ISD. Their oldest child, Jordan is a freshman music education major at Texas Christian University. “She’s a singer which is kind of fun. We go to lots of concerts and recitals at TCU.” Their youngest daughter, Avery is a varsity cheerleader at L.D. Bell High School and an accomplished gymnast. Quite different than how Judge Riek was raised, his family has lived in Bedford for almost fifteen years. “Neither one of us were from there. We went there for her job, but we've established really good roots and really good neighbors and that's our home now.” g
WANT TO EXPAND YOUR CLIENT BASE?
Accepting
Nominations for 2022 Law Day Professionalism Award
T
he Law Day Professionalism Award Selection Committee is accepting nominations for the Law Day Professionalism Award. Anyone in the legal community, attorney or non-attorney, may nominate a TCBA member who best exemplifies, by conduct and character, professional traits that others in the bar should try to emulate.
Nominations Deadline: March 25, 2022 by 5 p.m. Download nomination form at www.tarrantbar.org/2022NominationForm
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.
For first-timers, TCBA is offering 50% off an LRIS membership for the 2021–2022 bar year. 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. ➢ Bankruptcy Law ➢ Malpractice ➢ Criminal Law ➢ Personal Injury ➢ Family Law ➢ Probate/Guardianship ➢ Labor & Employment The LRIS application and more information can be found at www.tarrantbar.org/LRISdocuments. Offer expires March 31, 2022. JANUARY–MARCH 2022
▪ TCBA BULLETIN 21
22 www.tarrantbar.org
▪ JANUARY–MARCH 2022
TARRANT COUNTY BAR FOUNDATION
By Dee J. Kelly, Jr., Kelly Hart & Hallman LLP
Message from Dee J. Kelly, Jr.
A
2021 Tarrant County Bar Foundation Chair
s 2021 Chair of the Tarrant County Bar Foundation, it is my pleasure to report on the work of the Bar Foundation and our legal community over the past year. Like in 2020, our efforts were once again frustrated by the impact of the pandemic, but I’m very proud of our staff and all of the members of our team who pulled together to manage through this challenge. Of course, another unexpected twist in 2021 was the loss of our executive director. As we wished Megan well in her new position with Texas Wesleyan, the Bar took on a diligent search to find her successor, which culminated in the hiring of Kayla Dailey. We are all thrilled to have Kayla on board for 2022. There is good news to report on the progress of your Bar Foundation. Through the hard work of volunteers and TCBA’s Pro Bono Program Director, the Bar answered the call (literally) by many who faced hardship and needed legal advice. LegalLine, the free call-in legal service, quickly transformed to a virtual model which allowed volunteer attorneys to answer legal questions from hundreds of Tarrant County residents over the year. Similarly, members of our legal profession generously donated their time and talents to veterans and low-income residents by offering free legal advice and representation.
The Bar Foundation’s successes could not happen without its steadfast supporters – the Fellows. Thanks to all of you for your commitment and contributions during a difficult year to this important task. The Bar Foundation and the Tarrant County Bar Association work together to fulfill the Bar Foundation’s primary mission of encouraging the furtherance of justice and legal education, while supporting legal aid services for the indigent and working poor. Your Bar assisted over 1900 people this year with its pro bono programs. Throughout this Annual Report, you will see examples of how the work of volunteers in the legal community furthered this goal in 2021 through a variety of programs. The Bar Foundation also continued to financially support several organizations in 2021 – including the Eldon B. Mahon Inn of Court, Methodist Justice Ministry, and CASA of Tarrant County. There is no doubt that more work remains this year, but I am optimistic about the Foundation’s ability to address our challenges with the steadfast support of its volunteers and staff. This is important work that cannot be accomplished without your assistance – whether as a leader, donor, or volunteer – and we look forward to working together with you in the upcoming year. g
JANUARY–MARCH 2022
▪ 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
Judge Bob, can the prevailing party be awarded attorney’s fees in a trespass-to-try-title claims? No. Trespass-to-try-title claims are exclusively governed by statute, and that statutory scheme does not generally include a provision for the award of attorney’s fees. Eggemeyer v. Huges, 621 S.W.3d 883, 893 (Tex.App.—El Paso 2021.
ASK JUDGE BOB, MOSES, AND NOAH
Judge Bob, Moses, and Noah, now that the legislature has adjourned from its regular session, are there any laws involving animals that are noteworthy? Yes. SB 48, an animal possession ban bill, amends current law relating to conditions of community supervision for defendants convicted of certain animal cruelty crimes. The law will give judges the discretion to prevent persons from possessing an animal if they are sentenced to community supervision for attacking an assistance animal, cruelty to non-livestock animals, dog fighting, or cockfighting. The law also permits judges to require psychological counseling as a condition of such sentences.
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) Laughter is the best medicine, if you don’t have insurance.
DANES’ QUOTE OF THE MONTH Noah
Don’t accept your dog’s admiration as conclusive evidence that you are wonderful. —Ann Landers
CRIMINAL ITEMS OF INTEREST 1. Rule of Optional Completeness
Admission of evidence under the rule of optional completeness is “not invoked by the mere reference to a document, 24 www.tarrantbar.org JANUARY–MARCH 2022
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statement, or act.” Rather, for evidence to be admissible under this rule, “the omitted portion of the statement must be ‘on the same subject’ and must be ‘necessary to make it fully understood.’” Prince v. State, 574 S.W.3d 561 (Tex.App.—Houston [1st Dist.] 2019).
2. Assault of Public Servant
Assault of a public servant requires proof of misdemeanor assault and that (1) the complainant was a public servant; (2) the actor knew that the complainant was a public servant; (3) the complainant was discharging an official duty when he was assaulted; and (4) the official duty was being discharged lawfully. Cuevas v. State, 576 S.W.3d 398 (Tex.Crim.App. 2019).
3. Excited Utterance
For the excited utterance hearsay exception to apply, three requirements must be shown: (1) the statement must be the product of a startling occurrence that produces a state of nervous excitement in the declarant and renders the utterance spontaneous, (2) the state of excitement must still so dominate the declarant’s mind that there is no time or opportunity to contrive or misrepresent, and (3) the statement must relate to the circumstances of the occurrence preceding it. Villanueva v. State, 576 S.W.3d 400 (Tex.App.—Houston [1st Dist.] 2019).
4. Plain-view Doctrine
“In certain circumstances a warrantless seizure by police of an item that comes within plain view during their lawful presence in a private area may be reasonable under the Fourth Amendment.” “For a plain-view seizure to be lawful, the officer must have had lawful authority to be in the location from which he viewed the item, and the incriminating nature of the item must be immediately apparent.” Tilghman v. State, 576 S.W.3d 449 (Tex.App.—Austin 2019).
5. Jury Charge
When a defendant does not object to an erroneous charge, reversal is required only if the error results in egregious harm. Egregious harm is established when the erroneous jury instructions affected “the very basis of the case,” “deprived the defendant of a valuable right,” or “vitally affected a defensive theory.” The analysis takes into account four factors: (1) the entire jury charge; (2) the state of the evidence, including contested issues and the weight of the probative evidence; (3)
the argument of counsel; and (4) any other relevant information revealed by the trial record as a whole. De La Luz Torres v. State, 570 S.W.3d 874 (Tex.App.—Houston [1st Dist.] 2018).
6. First Amendment
The First Amendment right to freedom of speech includes the right to publish and distribute writings while remaining anonymous. “Anonymity is a shield from the tyranny of the majority. It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation – and their ideas from suppression – at the hand of an intolerant society.” Ex Parte Odom, 570 S.W.3d 900 (Tex.App.—Houston [1st Dist.] 2018).
7. New Trial
A trial court must grant a defendant’s motion for new trial if material evidence favorable to the accused has been discovered since trial. This showing requires proof that (1) the defendant did not know about the newly discovered evidence until after trial; (2) the defendant’s failure to discover the new evidence before then did not result from a lack of due diligence; (3) the new evidence is admissible and not merely cumulative, corroborative, collateral, or impeaching; and (4) the new evidence is probably true and probably will bring about a different result in a new trial. Gutierrez v. State, 602 S.W.3d 17 (Tex.App.—Houston [14th Dist.] 2020).
CIVIL ITEMS OF INTEREST 1. Temporary Injunction Order
Here, the trial court’s decision to modify the temporary injunction order by vacating the trial date indefinitely pending the resolution of this appeal, unfortunately, has the effect of removing the trial setting from the injunction order. Absence of a date setting trial is a fatal defect for a temporary injunction order rendering the injunction order void. Danbill Partners, L.P. v. Sandoval, 621 S.W.3d 738, 752 (Tex. App.—El Paso 2020).
2. Waiver
Waiver is an affirmative defense, and the party asserting it has the burden to both plead and prove it. Matter of S.E.J., 621 S.W.3d 778, 784 (Tex.App.—El Paso 2021).
3. Modification of a Possession Order
The trial court has broad discretion in its determination, as it is in the best position to assess the evidence based on its firsthand view of the witnesses, testimony, and evidence; this Court may not substitute its judgment for that of the trial court. McKey v. Stallings, 621 S.W.3d 829, 832 (Tex.App.—El Paso 2021).
4. Sabine Pilot Claim
In Sabine Pilot, the Texas Supreme Court carved out an excep-
tion to the general at-will employment doctrine in Texas to protect employees whose employers ask them to act illegally, and when their refusal to do so results in their termination. To succeed on a Sabine Pilot claim, a plaintiff must prove she refused her employer’s request to perform an illegal act, and her refusal was the sole cause of her termination. Herrera v. Resignato, 621 S.W.3d 835, 841 (Tex.App.—El Paso 2021).
5. Quantum Meruit
The elements of quantum meruit are: (1) valuable services were rendered or materials furnished; (2) for the person sought to be charged; (3) those services and materials were accepted by the person sought to be charged, and were used and enjoyed by him; and (4) the person sought to be charged was reasonably notified that the plaintiff performing such services or furnishing such materials was expecting to be paid by the person sought to be charged. Clinton v. Gallup, 621 S.W.3d 848, 851 (Tex.App.—Houston [14th Dist.] 2021).
6. Sworn Account
The elements of suit on a sworn account are: (1) the sale and delivery of merchandise or performance of services; (2) that the amount of the account is “just,” that is, the prices charged are pursuant to an express agreement, or in the absence of an agreement, that the charges are usual, customary, or reasonable; and (3) that the outstanding amounts remain unpaid. Clinton v. Gallup, 621 S.W.3d 848, 851 (Tex.App.—Houston [14th Dist.] 2021).
LEGAL QUOTE OF THE MONTH
A saying in the Inner Temple: - Life at the bar is not a bed of roses. It is all roses and no bed, or all bed and no roses. —Philip Septimus Pitt
QUOTE OF THE MONTH
Start by doing what is necessary; then do what is possible; and suddenly, you are doing the impossible. —St. Francis
OLD NEWS
A New Casa In 1936 Broadway’s Billy Rose orchestrated the original Casa Manana debut. But in July 1958, Fort Worth hailed its new Casa: a half-million-dollar aluminum-covered geodesic dome designed by R. Buckminster Fuller, built just north of the original outdoor venue. Inside was the country’s first permanent theater-in-the-round, with seating for 1,800. Couples paid $25 to see the opening-night production of “Can-Can,” starring Deedy Irwin and Dick Smart. The production, reported the Star-Telegram, was saucy: “Enough bare skin was shown to give the bald-headed row snow blindness.” g JANUARY–MARCH 2022
▪ TCBA BULLETIN 25
LegalLine Legal
Upcoming LegalLine Dates • March 10, 2022 • April 14, 2022
• March 24, 2022 • April 28, 2022
LegalLine Resumes Remotely in 2022 What LegalLine Participants are Saying
“
Very, very helpful. Offered great suggestions. Thank you so very much for this service!
The attorney was very kind and informative. I knew she cared about helping me.
“
“
Easy to sign up and it’s free!
L
egalLine was entirely remote in 2021 and will continue remote services in 2022. If you have a couple of hours to give on a Thursday night to speak to people needing assistance in your practice area, please email sarah@tarrantbar.org to join the LegalLine volunteer team. Here are a few highlights from the year.
had
39
different attorneys volunteered
were volunteered 400 hours by attorneys More calls made and questions than 1528 answered Over
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Awesome service!! Helped me to know how to go about setting up a special needs trust in my will.
“
“
Thank you for your service, thank you for the attorneys willingness to serve and assist, and thank you for providing time-slots and anonymous interaction to protect both parties. Thank you, the service is greatly appreciated.
This is a wonderful service. Thank you!!
“
LEGALLINE VOLUNTEERS Sue Allen
Bryce King
Nick Bettinger
Cynthia Maragoudakis
Ola Campbell
Margarita Morton
Joshua Graham
Arnetta Porter
Linda Gregory
Lynn Rodriguez
Sam Johndroe
Melissa Sircar
Kayla Harrington
Ellen Sorrells
Sarah Kline *November and December 2021
JANUARY–MARCH 2022
▪ TCBA BULLETIN 27
THANK YOU TO OUR SPONSORS Brackett & Ellis, P.C. Cantey Hanger LLP Jackson Walker LLP Gardner Smith & Hill, PLLC Haynes and Boone, LLP The Law Office of Gary L. Nickelson
The Medlin Law Firm
28 www.tarrantbar.org
▪ JANUARY–MARCH 2022
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. For questions about member benefits, please contact Lauren St. Clair at the bar office at 817.338.4092 or by email at laurensc@tarrantbar.org.
JANUARY–MARCH 2022
▪ TCBA BULLETIN 29
PRESORTED Bar Bulletin ▪ January–March 2022 STANDARD Tarrant County Bar Association TCBA members may take advantage of discounts U. S. POSTAGE PAID 1315 Calhoun Street provided by the following vendors: FORT WORTH, TX Fort Worth, TX 76102-6504 AMO Office Supply offers TCBA members the lowest PERMIT 1807 ADDRESS SERVICE REQUESTED
Member Benefits Vendor List
price guaranteed on office supplies, with next-day delivery and free shipping! Call 800.420.6421.
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
Advertisers' Index Bailey & Galyen.................................................10, 27 Deborah Adame......................................................21 Juris Fabrilis............................................................28 Law Offices of Steven C. Laird, P.C...Inside Front Cover LawPay..................................................................14 Parker Law Firm.....................................................22 Texas Lawyers’ Insurance Exchange........................28
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 tcba@tarrantbar.org.
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