Bulletin March/April 2019
The KoonsFuller Southlake Team: Drew Williamson, Dana Manry*, Heather King*, Rob McEwan*, Jessica Janicek*, and Paul Leopold
KOONSFULLER: DIVORCE, CHILD CUSTODY, PROPERTY DIVISION, PREMARITAL AGREEMENTS, PATERNITY, APPEALS
Have you heard? With more than thirty proven attorneys and five offices across Texas (Dallas, Denton, Houston, Plano and Southlake), KoonsFuller is the largest family law firm in the Southwest. You’ve BEST probably also heard that we take remarkably good care of our clients. To learn more about us, visit koonsfuller.com.
As recognized among Tier 1 U.S. News – Best Lawyers ® “Best Law Firms” in Dallas/Fort Worth for Family Law by U.S. News & World Report L.P.
Southlake | 550 Reserve Street, Suite 450 | Southlake, Texas 76092 | 817.481.2710 *Board Certified in Family Law by the Texas Board of Legal Specialization. Principal Office in Dallas.
President’s Page
I
cannot believe how fast this year is flying by… we enjoyed the celebrations of the new year, fought through a few rounds of “Stock Show weather”, and now eagerly await spring and warmer temperatures. During each season, TCBA enjoys celebrating certain traditions, and some of my favorite traditions are just ahead. Each tradition celebrates the ideals of our legal By LANCE EVANS profession and the many groups that support, strengthen, and improve our legal community. In February, TCBA honored an impressive group of 50 Year Attorneys at the TCBA’s Membership Luncheon. During the program, the audience learned about each of their unique legal backgrounds and experience. Brooks Harrington, of Methodist Justice Ministry, then provided inspiring remarks about civility in our profession. His speech was so well received that we included an excerpt of the remarks in this Bulletin. Thanks to Chair Judge R.H. Wallace for leading the luncheon and helping TCBA continue its tradition of celebrating the legacy of professionalism. The Women in Law Luncheon is a more recent TCBA tradition; it celebrates the accomplishments of females in the legal profession. This year’s theme—Charting Your Career Path—focused on professional development. Thanks to the Women in the Law Committee, chaired by Caroline
Harrison, for assembling a diverse and talented group of attorneys to offer advice at the luncheon and the roundtable discussions. In March, TCBA will celebrate the enduring work of Tarrant County’s incredible court staff at its Court Staff Appreciation Reception & Awards Ceremony on Thursday, March 7, 2019. TCBA will also honor a few court staff members who were chosen as outstanding by the legal community this year. These hard working people deserve our thanks and recognition, so please join the TCBA and Tarrant County court staff at this event. Thank you to all of the sponsors listed in this Bulletin who made the reception possible and to Chair Kathy Ehmann-Clardy and the Court Staff Committee for all of their hard work. The coming of spring also means that it is time for Bench Bar, one of our great long standing traditions. Bench Bar provides a place to have fun, learn, and develop lasting relationships . . . all in the beautiful setting of Horseshoe Bay. Bench Bar is so important for our membership because it helps to unify all of us regardless of our position or area of practice. The benefits of a strong, unified Bar Association benefit the community we serve and continue Tarrant County’s longstanding traditions of collegiality and professionalism. If you haven’t attended, this is the year to try it. Judges from all areas—civil, family, probate, appellate and criminal law—will be attending. The CLE program includes several judicial panels, including a new judges panel, and topics that apply to everyone’s practice. You can also bring your significant other or spouse with you for a nice weekend. Thanks to Chair John Lively, Jr. and the Bench Bar Committee for planning the event. Register now for the event, to be held on April 5-7. I hope to see you there! g
Breakfast with the Tarrant County Judiciary for new TCBA members, law students, and attorneys with less than 10 years experience
Friday, April 26, 2019 7:30 AM - 9 AM | TCBA Offices
RSVP with Lauren McKnight at lauren@tarrantbar.org.
Attorneys and law students can meet the Tarrant County Judiciary and learn about TCBA programs for their practice. MARCH/APRIL 2019
▪ TCBA BULLETIN 1
Contents
7
Features
8 Bench Bar Conference XXVI 14 “Good Lawyer, Good Person”
2018-2019 Officers
30 Judicial Charge
Directors Term Ends 2019
Departments 1 President’s Page 3 100 Club 4 YLA Snapshot 5 Calendar of Events 6 Other Associations’ News & Information 16 Lawyer Referral & Information Service News 17 Tarrant County Volunteer Attorney Services 22 Judicial Profile - Judge Mike Wallach 24 Lawyers on the Move & in the News 28 Snippets 32 CLE Corner 33 LegalLine 34 Texas Lawyers for Texas Veterans 35 A Word From Our Sections 35 In Memoriam 36 It’s All Happening Around the Bar Advertiser's Index
32
Autumn Ridge Counseling and Wellness....................33 Deborah Adame...........................................................6 Dispute Resolution Services........................................23 Edward Jones.............................................................. 6 KoonsFuller......................................Inside Front Cover Law Offices of Steven C. Laird, P.C..............................20 LawPay....................................................................11 Moses, Palmer & Howell, L.L.P....................................33 National Association of Estate Planners & Councils.....16 Parker Law Firm.........................................................26 Texas Lawyers' Insurance Exchange...........................34 Tindall Square Office Complex....................................34 2 www.tarrantbar.org
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817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org
President..............................................Lance Evans President-Elect.....................................John Cayce Vice President................................Gary L. Medlin Secretary-Treasurer..............Kimberly Naylor
19 Digital Wellness
Tarrant County Bar Association
Director.................................Susan Hutchison Director...............................Jason C. N. Smith Director...............................Tennessee Walker
Term Ends 2020
Director.....................................Cody L. Cofer Director.................................Veronica C. Law Director..............................................Lu Pham
2018-2019 Appointed Directors
Appointed Director..................Karen Denney Appointed Director....................Scott Lindsey
Tarrant County Young Lawyers Association Fall 2018 President...............................Rob Henry Fall 2019 President...................Martin Garcia Immediate Past President..............Nick Bettinger Executive Director..........................Megan Cooley Ex-Officio Members State Bar of Texas Director...............................Gary L. Nickelson Director........................................Steve Naylor Bar Bulletin Editor..............................................John F. Murphy Graphics/Production..................Elizabeth Banda The Tarrant County Bar Bulletin is a bi-monthly publication of the Tarrant County Bar Association. Articles, photos, suggestions or comments should be directed to: elizabeth@tarrantbar.org 1315 Calhoun Street ▪ Fort Worth, TX 76102-6504 Deadline for submission: December 1........................................January/February February 1...................................................March/April April 1...............................................................May/June June 1.............................................................July/August August 1..........................................September/October October 1.....................................November/December Articles published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant County Bar Association, its officers or the Board of Directors. Advertisements and feature articles should not be considered an endorsement of any service, product, program, seminar or event.
Members of the 2018-2019
100 Club
*List Reflected Below is as of February 27, 2019 Adams, Lynch & Loftin, P.C. Albert Neely & Kuhlmann, LLP Allmand Law Firm, PLLC Anderson & Riddle, LLP Baker Monroe, PLLC Barlow Garsek & Simon, LLP Blaies & Hightower, LLP Bonds Ellis Eppich Schafer Jones, LLP Bourland, Wall & Wenzel, P.C. Brackett & Ellis, P.C. Broude, Smith, Jennings, & McGlinchey P.C. Brown, Dean, Proctor & Howell, LLP Bruner & Bruner, PC Cantey Hanger, LLP City Attorney's Office - Fort Worth Cook Children's Health Care System Curnutt & Hafer, LLP Dawson Parrish, P.C. Decker Jones, P.C. Dowell Pham Harrison, LLP Forshey Prostok, LLP Friedman, Suder & Cooke, P.C. Gardner & Smith, PLLC Gordon & Sykes, LLP Griffith, Jay & Michel, LLP Harris, Finley & Bogle, P.C. Harrison Steck, P.C. Haynes and Boone, LLP Holland, Johns & Penny, LLP Hutchison & Stoy, PLLC Jackson Walker, LLP Kelly Hart & Hallman LLP KoonsFuller, P.C. Lacy, Malone, Ryder & Steppick, PLLC To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more members and attains 100% TCBA membership compliance for the 2018-2019 bar year qualifies for the “100 Club.” The firms/organizations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year. Any firm/organization that qualifies in
Law, Snakard & Gambill, P.C. Legal Aid of NorthWest Texas Linebarger Goggan Blair & Sampson, LLP Lively and Associates, PLLC Loe, Warren, Rosenfield, Hibbs, Windsor & Lawrence, P.C. Martinez Hsu, P.C. McAlister & Garcia McDonald Sanders, P.C. Mellina & Larson, P.C. Moses, Palmer & Howell, LLP Murphy Mahon Keffler & Farrier, LLP Naman, Howell, Smith & Lee, PLLC Nelson Bumgardner, P.C. Noteboom Law Firm Padfield & Stout, LLP Pappas Law Group, P.C. Phelps Dunbar, LLP Second Court of Appeals Sharen Wilson, Criminal District Attorney’s Office Stephens, Anderson & Cummings, LLP Taylor Olson Adkins Sralla & Elam, LLP The Berenson Firm The Blum Firm The Colaneri Firm, P.C. Thompson & Knight, LLP Underwood Law Firm, P.C. Varghese Summersett, PLLC Watson, Caraway, Midkiff & Luningham, LLP Whitaker Chalk Swindle & Schwartz, PLLC Wick Phillips Winstead, P.C. Youngblood Law, PLLC 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
YLA Snapshot Rob Henry, President TCYLA
T
he Ides of March are almost upon us. I know everyone is excited to be done with winter and looking forward to spring and of course March Madness! TCYLA has lots in store for this upcoming Spring. TCYLA’s Annual Spring Fiesta is set for April 10. As usual we will be at Joe T. Garcia’s. There will be food, drinks, music, and a raffle to raise funds for TCYLA’s events and community outreach programs throughout the year. Tickets are $25 in advance or $35 at the door and include dinner and two drink tickets. If you or your firm would like to sponsor Spring Fiesta, or even would just help out and get involved please contact Aulstin Gardiner at aulstin.gardiner@gmail. com or Lindsay Daniel at ldaniel@bokf.com. TCYLA Board Member Brian Singleterry continued with his outstanding lineup of luncheon speakers. In January TCYLA was very fortunate to have Stephen Tatum Jr. of Cantey Hanger present “Deepwater Horizon: The Spill, the Liability, and the Resulting Funding Streams.” The presentation was a fascinating look into the legal fall out of the Deepwater Horizon disaster and the system that was put in place to disburse all of the money that the parties had to pay in fines. Thanks to Stephen for making the time to give such a fascinating presentation. Thanks to Adam Simmons and Shelby White for organizing our young professional joint mixer happy hour in January at WeWork in Clearfork. It was a great event that TCYLA cohosted with the Tarrant County Young CPAs, Leadership Fort Worth, Vision FW, and Steer FW. In February we also had a great happy hour with the Tarrant County Paralegal Association. Not surprisingly, the Tarrant County Paralegal’s did an awesome job organizing the event. Just another reminder that no matter what, the paralegal is always right! TCYLA is now accepting nominations for its 2019– 2020 Board of Directors. The Nominations Committee will meet in June to propose a slate for the Board of Directors. If you are interested in serving as a director, please email me (robert@henrytexlaw.com). The proposed slate of Directors will be approved at the July board meeting. The Tarrant County Bar is organizing a Blood Drive on May 2 from 8:00am–4:00pm at the Tom Vandergriff Civil Courts Building. Please come out and support this wonderful cause. It will be easy to register and not take up too much time. For more information please contact the Bar Office.
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TVAS is setting up family law clinics on May 14 and October 17 and is looking for volunteers. If you have never volunteered for one of these clinics, it’s a great experience. TVAS will have a CLE prior to the clinics and mentors will be available to answer questions, so don’t worry if Family Law isn’t you area of expertise. We still want you to come! TCYLA will host its monthly CLE luncheon on Tuesday March 19 at 11:45am at Reata. We are excited to have Saba Syed present “Speaking and Listening Across Gender Lines” (.75 hours ethics CLE). This is an interactive course on speaking and listening across genders in the legal field and the workplace. The course addresses speaking and listening trends among genders backed by recent studies and research. Attendees are invited to learn about common pitfalls in communicating across genders and solutions in moving past language barriers. Saba presented this topic as a speaker at the 23rd Annual Conference for the Asian Pacific Interest Section (APIS) of the State Bar of Texas in Austin, Texas, which prompted a thoughtful and engaging discussion on cross-gender communication in the legal community. Also in April we will be hosting Brent Turman and Elliot Mayen, who will present “Kanye West’s Adventures with the American Legal System.” Love him or hate him, Kanye West makes headlines and keeps attorneys in business. This CLE will touch on the variety of legal issues at play in the ridiculous number of legal disputes that this single artist has been involved with. The event will be at Reata. Lastly, everyone needs to start being nicer to John Brender. As always, if anybody has any thoughts or suggestions about TCYLA or just trying to figure out how to get more involved please feel free to give me a call 817.877.3303 or email robert@henrytexlaw.com. g
http://www.tcyla.org/
We're Social | Follow Us Tarrant County Young Lawyers Association
@TCYLA
Calendar of Events March 2019 5 Criminal Law Section CLE and Lunch 11:30 am - 1:30 pm, TCBA Office “Competency & Insanity” 2 hours CLE requested 7 Court Staff Seminar and Awards Reception Seminar: 12 pm - 4:30 pm Reception and Awards: 5:00 pm - 6:30 pm Awards Presentation: 5:30 pm, All at City Club
April 2019 5 Bench Bar Conference XXVI April 5-7, Horseshoe Bay Resort 9 Intellectual Property Law Section Luncheon 12 pm, City Club 11 Energy Law Section Luncheon 12 pm, Petroleum Club
14 LegalLine 6:00 pm - 8:00 pm, TCBA Office
11 LegalLine 6:00 pm - 8:00 pm, TCBA Office
15 Solo & Small Firms Section Luncheon 12 pm, TCBA Office “The Ethics of Freelance Legal Sources” 1 hour Ethics credit requested
12 Brown Bag Seminar - Child Welfare 11:30 am - 4:15 pm, Juvenile Detention Center Training Room
19 Real Estate Law Section Luncheon 12 pm, City Club “Lease Drafting” .75 hour CLE requested 21 Construction Law Section Luncheon 12 pm, TCBA Office 23 People’s Law School 12:30 pm - 4:00 pm, Texas A&M University School of Law 26 Tax & Estate Planning Section Luncheon 11:30 am, Petroleum Club “Identifying Landmines and Minimizing Battle Scars in Conflicts Between Trustees and Beneficiaries”
15 Bankruptcy Law Section Luncheon 12 pm, The Capital Grille 16 Labor & Employment Law Section Luncheon 12 pm, City Club 17 Appellate Law Section Luncheon 12 pm, Fort Worth Club 18 Construction Law Section Luncheon 12 pm, TCBA Office 19 Good Friday Holiday Office Closed
26 Business Litigation Section Luncheon 12 pm, City Club
23 Tax & Estate Planning Section Luncheon “Where Does Your Trust Live?” 11:30 am, Petroleum Club
27 Labor & Employment Law Section Luncheon 12 pm, City Club
25 LegalLine 6:00 pm - 8:00 pm, TCBA Office
28 Fort Worth Business & Estate Section Luncheon 11:30 am, City Club “Recent Developments in Estate Planning” Speaker: Professor Stanley Johanson
26 Breakfast with the Judiciary 7:30 am - 9:00 am, TCBA Office
28 LegalLine 6:00 pm - 8:00 pm, TCBA Office
Pro Bono Notice TVAS will begin sending emails to TVAS volunteers notifying them of pro bono cases available through LANWT. Please contact Melissa Sircar at melissa@tarrantbar.org if you would like to be on the email list.
TVAS is actively seeking volunteer attorneys to assist with our HEROES Wills Clinic. Attorneys are needed to prepare simple wills and end of life planning documents for qualifying veterans. Please contact Melissa Sircar at melissa@tarrantbar.org if you are interested in participating.
MARCH/APRIL 2019
▪ TCBA BULLETIN 5
Other Associations’ News & Information
Arlington Bar Association Meets on the 3rd Wednesday of each month. President, Ericha Ramsey Brown. For location & information, email arlingtonbarassociation@yahoo.com or call 214.357.7533. Black Women Lawyers Association For meetings and information, contact Judge Maryellen Hicks, President, at 817.451.7100 or hicks8776@sbcglobal.net. Dee J. Kelly Law Library Welcomes Bar Members! For the latest Texas A&M University School of Law library hours and information, please visit http://law.tamu.edu or call 817.212.3800. Fort Worth Chapter Association of Legal Administrators Meets on the 2nd Tuesday of each month at the City Club, 301 Commerce Street, Fort Worth, 76102. For more information, contact Lisa Boyd at 817.339.2478 or LBoyd@BELaw.com. Fort Worth Paralegal Association General Membership Meetings are held at noon every 4th Thursday of the month at Joe T. Garcia’s, 2201 N. Commerce. FWPA Board of Directors meets at noon every 1st Tuesday of the month at the Bar Center. For more information, go to www.fwpa.org. L. Clifford Davis Legal Association (f/k/a/ Tarrant County Black Bar Association) holds its meetings on the 3rd Tuesday of each month at 6:00pm. For more information, contact President Zachary Ferguson by email at zfergusonlaw@ gmail.com. MABA (Mexican American Bar Association) Meets on the last Thursday of each month with location to be announced. For more information, contact President Eloy Sepulveda at 817.332.1285. Northeast Tarrant County Bar Association (NETCBA) Meets for CLE luncheons on the 3rd Tuesday of each month at La Hacienda Restaurant, Hwy. 121. Contact President Danita Glenn at 214.683.5760 or danitag@thehartlawfirm.com. Tarrant County Criminal Defense Lawyers Association (TCCDLA) Meets every 2nd Thursday at Joe T. Garcia’s, 2201 N. Commerce. For more information, contact President Dewayne Huston at 817.924.2222 or dewayne@thehustonfirm.com. Tarrant County Family Law Bar Association Meets at noon on the 4th Tuesday of each month, with location to be announced. For more information, contact president Dana Manry of KoonsFuller PC at 817.481.2710 or dana@koonsfuller.com. Tarrant County Probate Bar Association Meets on the 1st Thursday of each month at the Petroleum Clubmembers free, guests $30. For more information, contact Jimalee Splawn at 817.870.8752 or jsplawn@hfblaw.com. Tarrant County Trial Lawyers Association Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact Mike Freden at 817.726.1636. 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.
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Knowing that you’re still not BLOODLESS... Thursday, May 2, 2019 8 a.m. - 4 p.m. | Tom Vandergriff Civil Courts Building
O
n May 2, 2019, the Tarrant County Bar Association, Tarrant County Bar Foundation and the Tarrant County Family Law Bar Association will be hosting their annual Blood Drive. This year’s event will be held again in the Jury Assembly Room of the Tom Vandergriff Civil Courts Building located at 100 N. Calhoun Street from 8 a.m. to 4 p.m. The annual Blood Drive benefits our locally operated Carter Blood Center. Thanks to so many of you, last year’s Blood Drive was a great success! We were able to collect enough donations to save over 180 lives! The Blood Drive Committee has been working diligently to make our 2019 Blood Drive even more successful, and participants have several incentives to look forward to: Prizes, Awards, and Free Food!
Prizes
The Committee has already secured some great prizes to be given to selected participants, including: • $25 Giftcard compliments of Dowell Pham Harrison LLP • Wine Basket compliments of Antonio Allen • 1 hour Massage from Massage Envy compliments of Judge Cosby • 2 Starbucks Gift Cards ($25 each) compliments of Judge Cosby • Dinner Gift Card compliments of The Colaneri Firm (location TBD) • $20 Starbucks Gift Card compliments of Jessica Sangsvang • Sundance Square Date Night for 2 compliments of Kelly Hart & Hallman LLP • Dinner for 4 at Prince Lebanese Grill compliments of Dauphinot Law Firm • TCU Baseball Tickets compliments of Jennifer Sweeny • Wine Basket compliments of Lori Spearman • Rodan + Fields Skincare Basket compliments of Lisa Arneson And the list is still growing!!!!
donating blood. The categories for awards include: small firms (1-10 people); medium firms (11-40), large firms (41+), organizations/associations (up to 99) and large organizations/associations (100+). Everyone (attorney, staff, friend, etc) who participates can associate with any entity in hopes of winning one of these beautiful travelling trophies. Last year’s trophy winners were Kelly Hart & Hallman LLP; City of Fort Worth—City Attorney's Office; Lacy Malone Steppick Ryder & Meneffee, PLLC; Tarrant County Jury Services; and the Tarrant County Family Law Bar Association. Will they maintain their trophy in 2019?
Free Food
Come early to enjoy a coffee social and light breakfast, or visit at lunchtime for delicious pizza from our annual sponsor, Uno Pizzeria & Grill. Carter Blood has assured us that there will be plenty of stations for timely donations. Appointments/sign-ups can be made NOW at (https://ww3. greatpartners.org/donor/schedules/drive_schedule/101743). The Blood Drive Committee is excited and sincerely hopes that each of you can participate this year. Mark your calendars now (May 2nd) for this fun event and for an opportunity to provide blood for those who are in need of this invaluable lifeline. g
Awards
In 2016, the Committee initiated the recognition and awarding of its “travelling trophies” presented to law firms and organizations that have the most individuals
MARCH/APRIL 2019
▪ TCBA BULLETIN 7
Bench Bar XXVI: WELCOME TO THE MOVIES 2019 CONFERENCE DETAILS Friday, April 5, 2019 8:30 a.m.
Conference Check-In Opens
10:00 a.m. Early Bird Ethics – Shotgun Topics My Cousin Vinny: Professionalism and Wellness Joetta Keene (Law Office of Joetta L. Keene) The Firm: Ethical Representation when Your Client Has Stolen or Destroyed Evidence Matt Smid (Tarrant County Criminal District Attorney’s Office) Paul Youngblood (Youngblood Law, PLLC) Erin Brockovich: Unauthorized Practice of Law - Traps to Avoid With Your Staff An Lee Hsu (Martinez & Hsu, P.C. & Member Unauthorized Practice of Law Committee) 11:30 a.m.
Lunch and Welcome to First-Timers
12:30 p.m. Family Law Updates for All Practice Areas, including Kramer v. Kramer: Child Custody & Child Support Cheech & Chong: The Impact of Your Client’s Legal Marijuana Use on Your Family Law Case Associate Judge Lori DeAngelis (325th District Court) Associate Judge Lindsay DeVos (231st District Court) Dana Manry (KoonsFuller) 1:15 p.m.
Lessons Learned from the Southlake Mafia Case Judge Josh Burgess (352nd District Court)
1:30 p.m.
The Wire: Criminal Law Topics that All of Our Clients Need to Know Cody Cofer (Cofer Luster Law Firm)
2:00 p.m.
Break
2:15 p.m. Runaway Jury: An Attorney & Judicial Panel on Voir Dire & Jury Selection Moderator: Mike Schneider (Schneider Law Firm, P.C.) Judge Don Cosby (67th District Court) Pat Gallagher (Haslam & Gallagher) 2:45 p.m. Twelve Angry Men: An Attorney & Judicial Panel on Jury Closings & Deliberations Moderator: Mike Schneider (Schneider Law Firm, P.C.) Judge Susan Heygood McCoy (153rd District Court) Judge Melody Wilkinson (17th District Court) Greg Jackson (The Law Office of Greg Jackson) 3:15 p.m.
Adjourn
3:45 p.m.
Caddyshack: 9-Hole Golf
4:00 p.m. Chariots of Fire Lawyer Olympics Hospitality Suite 7:00 p.m.
Dinner, followed by Casino Party
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Friday Night Activities generously sponsored by the Law Offices of Steven C. Laird, P.C.
Saturday, April 6, 2019 8:00 a.m.
Breakfast
8:45 a.m. Coming to America: Immigration Issues We All Need to Know Francisco Hernandez (Law Office of Francisco Hernandez) 9:15 a.m. A Civil Action: Impressions on Civility Judge R.H. Wallace, Jr. (96th District Court) Judge Kenneth Newell (233rd District Court) Caroline Harrison (Dowell Pham Harrison, LLP) 9:45 a.m. The Rainmaker: Lawyer Advertising Steve Laird (Law Offices of Steven C. Laird, P.C.) 10:15 a.m.
Break
10:30 a.m. Handling High Profile Cases Mark Daniel (Evans, Daniel, Moore, Evans, Biggs and Decker) 11:00 a.m. The Rookie: New Judges Panel (1 hour) Moderator: Nick Bettinger (McDonald Sanders) Justice Dabney Bassel (Second Court of Appeals) Judge Kimberly Fitzpatrick (342nd District Court) Judge Kenneth Newell (233rd District Court) Judge Chris Ponder (Probate Court No. 1) Judge Chris Wolfe (213th District Court) Noon
Adjourn
1:00 p.m. Bagger Vance: Judge’s Cup Tournament 7:00p.m. Academy Awards and Trivia Night
Sunday, April 7, 2019 7:00 – 10:00 a.m. Breakfast
MARCH/APRIL 2019
▪ TCBA BULLETIN 9
Bench Bar Conference XXVI Thank You to Our Sponsors BEST IN SHOW
Kelly Hart & Hallman LLP Whitaker Chalk Swindle & Schwartz PLLC
FRIDAY NIGHT ACTIVITY SPONSORED BY Law Offices of Steven C. Laird, P.C. BEST DIRECTOR McDonald Sanders Law Firm The Medlin Law Firm, PLLC Stephens Anderson & Cummings BEST LEAD ROLE Brackett & Ellis, P.C. Cantey Hanger, LLP Evans, Daniel, Moore, Evans, Biggs and Decker Griffith, Jay & Michel, LLP Haynes & Boone, LLP Harris Finley & Bogle, P.C. Hutchison & Stoy, PLLC KoonsFuller Lively & Associates Schneider Law Firm State Bar of Texas Taylor, Olson, Adkins, Sralla & Elam LLP Varghese Summersett, PLLC BEST SUPPORTING ROLE
Blaies & Hightower, L.L.P. Bush Rudnicki Shelton, P.C. Dowell Pham Harrison, LLP Lacy, Malone, Steppick, Ryder & Menefee, PLLC Lisa Lumley Law Padfield & Stout LLP
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Special offer for bar members. Call for details 877-388-0605 or visit lawpay.com/tcba
MARCH/APRIL 2019
▪ TCBA BULLETIN 11
WOMEN in the LAW LUNCHEON Charting Your Career Path
Thank You to Our Panel Members: Chief Justice Bonnie Sudderth, Second Court of Appeals Karen Wardell, Associate General Counsel, Cook Children’s Health Care System Leah Frazier, Attorney and FashionPreneur™
THANK YOU TO ROUNDTABLE MODERATORS: Danielle Needham, Bell Helicopter Punam Kaji, Ben E. Keith Carol Bracken, Tarrant County College Patti Gearhart Turner, Texas Wesleyan University Judge Melody Wilkinson, 17th District Court Judge Brooke Allen, Probate Court No. 2 Maryellen Hicks, Former Justice, Second Court of Appeals and Former Judge, 231st District Court Justice Elizabeth Kerr, Second Court of Appeals Kelly Decker, Decker Poole, PLLC Marilyn Garner, Law Office of Marilyn D. Garner Sue Walker, Retired Justice, Second Court of Appeals Sue Allen, Allen Law Firm Kate Casey, Autumn Ridge Counseling and Wellness Leah Frazier, Attorney and FashionPreneur™ Maleshia McGinnis, City Attorney, North Richland Hills Melinda Westmoreland, Tarrant County Criminal District Attorney’s Office Mattie Parker, Chief of Staff to Mayor Betsy Price Courtney Leaverton, The Parenting Center, Director of Development 12 www.tarrantbar.org
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Thank You to Our Sponsors Premier Sponsor
Event Sponsors
Luncheon Table Sponsor
Luncheon Sponsor
Roundtable Sponsor
Media Sponsor
MARCH/APRIL 2019
â–ª TCBA BULLETIN 13
“Good Lawyer, Good Person” Rev. Brooks Harrington provided the following remarks at the TCBA Membership Luncheon honoring 50-Year Attorneys on February 12, 2019.
M
ost ethics presentations at CLE sessions are about how to avoid being sued or disciplined by the Bar. That is not this talk. The title is “Good lawyer, good person.” So, to a certain extent, this talk is about morality, being a good person. But to a greater extent, this talk is to invite discussion about how to attain real satisfaction and sometimes even something akin to joy in the practice of law. This little piece of plastic [a Texas Bar card] bears amazing possibilities to do good, to help people in need. A lot of power comes with possession of this little rectangle. It can be used positively, or it can be abused. It gives us the power to file a lawsuit and force otherwise free individuals or entities to respond. We can make public accusations of terrible wrong doing against individuals and entities with no check but our own ambitions and consciences. We can issue subpoenas that compel people to stop what they are doing to come to court and produce document. We can notice a deposition and force an individual to answer our questions. We can obtain a judgement and take property, or even children, away from people. This little card. And just as power brings with it a potential of abuse, it also brings the potential to do great good, to bring about justice, to pursue justice while loving mercy and walking humbly with God, as the prophet Micah wrote: Because of this card, and all the power that it represents, people come to us at absolutely critical times of their lives, for us to help them through their crises. We know that a law license brings with it the power to do a lot of good in every area of law. We also know that it also brings with it the power to do a lot of damage. If we had the time, what consensus could those of us in this room reach about the characteristics and behavior of a “good person?” Knowing many of the people in this room as I do, I suspect that we would list these characteristics of a “good” person as honesty, fairness, humility, courtesy and even kindness toward others. And I suspect that we could agree that a good person never takes advantage of a vulnerable person. In fact, I hope that we would agree that a good person helps a vulnerable person. How much of the adversarial system pressures us to take advantage of vulnerable people? But I also suspect that we might not have as easy a time reaching a consensus on the characteristics of a “good lawyer.” Is the good lawyer the one who obtains the largest verdicts or makes the highest income? The lawyer who is most effective at self-promotion? The lawyer who obtains
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the most potentially lucrative referrals from other lawyers? Or who has the most solvent and well-paying clients? The lawyer with the most prestigious firm? The lawyer with the most award plaques on the wall? The lawyer who is most adept during cross-examination at getting what she or he wants out of an adverse witness or party? The lawyer who best knows the law? The lawyer who best knows the judge? The lawyer who is the most capable of winning a case she or he has no business winning? The lawyer who does the most pro bono? (Ha.) One of our 50-year honorees, my good friend Wier Wilson, believes that a good lawyer is one who actually “listens” to her or his client, who dedicates time to hearing what they have to say. Some people in crisis just need a good listening to. Put aside what we “think” are the characteristics of a “good lawyer.” What do our actions indicate about what we generally accept to be the characteristics of a good lawyer? For whom do we vote in the so-called surveys that the various publications take about the “good lawyers” in the different practice areas? Those who are humble and honest and kind and fair? Those who are most devoted to the poor or to their families? Who are protective of the vulnerable, especially vulnerable opponents? Or those who make the most money or win the biggest verdicts? The first point I am obviously suggesting to you is that there IS something of a disconnect between what each of us generally believes to be the characteristics of a “good person” and the characteristics each of us generally associates with a “good lawyer.” And so . . . we ourselves will, at least at times, have to sacrifice being a “good lawyer” in order to be a “good person.” Repeat. Or we may have to sacrifice being a good person to be a good lawyer, a sacrifice we may already be making regularly. The second and the main point I want to suggest in this tossed word salad of a talk is that this disconnect between being a good person and being a good lawyer is the source of much of the deep dissatisfaction that we lawyers too often feel about our practices. I say the following out of the bias of my own faith tradition, but I still believe this is selfevidently true for all people. We human beings are an uneasy combination of the finite and the infinite, of the limited and the transcendent. We are on the one hand trapped behind our own eyeballs, caught in our own narrow self-interest and perspectives. But we on the other hand yearn for the transcendent, to attach our lives to what is good and true and meaningful in an ultimate sense. So, when we primarily dedicate our lives to the narrow material interests of ourselves and our clients, we go down a road toward deep dissatisfaction and unhappiness.
I was at a lawyer award ceremony years ago, sponsored by the Fort Worth Business Press to recognize the so-called “Elite 100 Lawyers of Tarrant County,” allegedly chosen by a survey of Tarrant County attorneys. This is just one of the plague of plaques—awards and recognitions sponsored by publications, mainly calculated to increase their sales and take advantage of our hunger for self- promotion. As a corollary to its award, the newspaper put together a magazine with the photos and bios of every such lawyer recognized. Every one of these 100 lawyers was sent a form to fill out, and the information provided was included on the lawyer’s page of the magazine. On the form was a line: “I love the law because . . . ,” and the honored lawyer was to complete the sentence. What struck me the hardest in leafing through the finished magazine was not only the number of lawyers who didn’t even complete the sentence, evidently being unable to come up with a reason why they love the law, but also the number who had responded simply and honestly by saying, “I don’t love the law.” “I don’t love the practice of law.” If you love the practice of law, if you don’t feel a disconnect between the good person you want to be, and the kind of lawyer you are sometimes or often or always called to be in representing a client, OR if you believe that to represent a client effectively and faithfully you are required to be unkind, unjust, misleading, disrespectful, and discourteous, and that you are okay with that, this talk isn’t for you. But for those of us who feel the disconnect and dissatisfaction acutely at times, beyond that of the tedium and bullshit of the business of law practice, I want to say out loud what we all know in our souls, that the satisfactions and rewards of being a good lawyer, with all the money and plaques and fame, are nothing when compared to the satisfactions and rewards of being a good person. How much justice has been done by and through the people in this room? Justice is a virtue. It is the practice of rendering onto someone what they are due. This obviously begs a lot of questions. But I submit that we need to ask ourselves what we are due . . . from ourselves. Are we being just or unjust to ourselves? When there is a disconnect, are we due from ourselves to allow and cause ourselves to be good lawyers or good persons? What is our own soul due from each of us? Let me give another way of thinking about this choice, perhaps to help us realize what forces are trying to take over our lives. One focus of contemporary ethical theory is what is called “role ethics.” A “role ethic” is a behavior that is only justified by the role that the actor plays, behavior that would otherwise be forbidden to a “good person” not in that role. For example, it is forbidden to a “good person” to strap a person onto a gurney against his will and to stop his heart by injecting drugs into his arm. But that behavior is not forbidden to one who is in the role of an executioner. It is forbidden to a good person to lie in ambush and shoot someone without warning. But under certain circumstances it is not be forbidden to someone in the role of a Marine
infantryman. It is generally forbidden to a good person to call someone demeaning names and to lie about someone else and distort what they have said and done. But if you are in the role of a political candidate or consultant, it seems nowadays to all the rage. It is generally forbidden to a good person to take advantage of another’s economic vulnerability. But if you are in the role of someone negotiating a contract, or of an insurance adjuster, it seems to be “just business.” “It’s not personal.” And it is generally forbidden to a good person to force someone to answer misleading questions that are calculated to humiliate. But is it forbidden . . . or expected . . . of one in the role of a trial lawyer? I want to suggest to you that role ethics are no longer exceptions in our lives, that the claims that we allow our roles to place upon us to act differently than a “good person” have become the rule. Our lives have become subject to the demands of so many roles that claim dispensation from behaving like a good person, that the only arenas in which we can try to be such a good person are within our families and friendships. This system of role ethics pressures us to compartmentalize our lives morally and to leave at home the sense of right and wrong we learned at our mother’s knee. And this I believe is the source of much of the dissatisfaction and alienation that people feel not only within the legal role, but in many, many professions and jobs. There are those I am sure who would respond to me that the role of a lawyer requires us to consider only the interest of our clients, and that we MUST do anything that is not expressly forbidden by the disciplinary rules to further those interests. So, we must parse every discovery request, must raise every objection, must withhold every relevant document until the objection is overruled, must hide every document that would hurt our side in a stack of extraneous paper, must ask misleading or harassing or humiliating questions, must make the other side’s pursuit of their interests as unpleasant and difficult and expensive as possible. Why? The lawyer’s role ethic. But notice here the assumptions we are making about the nature of our client’s interests. Example: the other side’s expert has just taken ill on the eve of a trial setting. Assume further that we know that this particular judge will only grant a continuance if we agree. What do we say? “Heavens, I would personally like to agree, but I have to represent the interests of my client.” And we either don’t ask our client if they will agree to the continuance or we ask in such a way that ensures that the client will oppose the continuance. But what client interests are we representing in that situation? Only his or her economic interests. But what about our client’s interest in being a fair and decent person? Why is it that we let ourselves be put in a position where the only aspect of our clients that we are representing is their bank account? How much of that is our client’s doing and how much is our doing? Why don’t we reach an understanding with our clients before we accept the representa CONTINUED ON NEXT PAGE
MARCH/APRIL 2019
▪ TCBA BULLETIN 15
tion that there are certain ways we are not going to act and certain goals that we are not going to pursue? Our disciplinary rules allow this, under Rule 1.2(b). So why are you thinking this is unrealistic? Because it will cost us some clients? Because we want to be known as “good lawyers”? Isn’t it at the outset of the attorney-client relationship where the pregnant choice is often made between being a good lawyer and a good person, when we choose what clients we will accept and what understanding we will or will not require of those clients concerning what we will and what we just will not do? Of course, being a good person will cost us clients and income. Do we think that Black and Decker, or Briggs and Stratton, or Ford, or Palmolive, or your neighborhood landlord or general contractor, or an angry ex-wife in a child support case is looking for a lawyer who will place limits from the outset on what she or he will do to win a case? Who said that it is ever easy to be a good person? And here is the point. Given that we are above all moral beings, we pay too high a price when we choose to be “good lawyers” over being “good persons” when those are in conflict. And so, by the way, do our clients. I am seventy years old. I have been a Marine infantry officer, a law professor, a federal criminal prosecutor, a civil litigator, an ordained minister and pastor of an inner-city church, and the director of a non-profit legal ministry. I am the son of a great man, the husband of a good and smarter person (and a better lawyer) than I am, the father of three interesting children, and the grandfather of four. I am a brother, a friend and a colleague. I have played many roles in my life. But most of all I am a child of God. And the most important truth that I have learned through all this is that just being a good person is a twenty-four hour a day, seven day a week calling, no matter what role I find myself in and
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pecials thanks to our members who have paid referral fees:
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particularly given that the powers and principalities of this world are constantly trying to get me to adopt their distorted values and behaviors. In addition to the welfare of others who are vulnerable to me, what is at stake is my happiness and satisfaction. What is at stake, may I say, is the health of my own soul. And none of us would sell the health of our souls for a plaque. If your reaction to this presentation is to ask, “Who is he to talk?,” you are exactly right. I am no one to be talking this way at all. And to those of you who struggle every day to balance the demands of representing clients and of being good persons and perhaps of getting them to be good persons, if I have been insufficiently respectful of your efforts and success in doing so, I ask your forgiveness. n Rev. Brooks Harrington is a licensed Texas attorney and an ordained United Methodist minister. He is the founder and executive director of the Methodist Justice Ministry, a 501(c) (3) Texas non-profit corporation that for the last 13+ years has provided free legal representation to indigent victims of family violence and child abuse. He is also the author of “No Mercy, No Justice. The Dominant Narrative of America versus the Counter-Narrative of Jesus’ Parables,” which can be purchased online from Amazon in paperback or Kindle. The net proceeds of all sales of the book go directly to the Methodist Justice Ministry.
The Robert G. Alexander Webinar Series Incorporating Long Term Care, Incorporating Long Term Care, Longevity Annuities, Investment Longevity Annuities, Investment Risk into a Retirement Income Plan Risk into a Retirement Income Plan
March 20, 2019 March 20, 2019
Box Lunch 11:30 am Webinar 12-1 pm Box Lunch 11:30 am Webinar 12-1 pm Tarrant County Bar Association Tarrant County Bar Association 1315 Calhoun St Ft. Worth TX 76102 1315 Calhoun St. Ft. Worth, TX 76102
Sponsored Sponsored by by Olin Olin Ragsdale, Ragsdale, CLU, CLU, AEP AEP RSVP to to oragsdale@signalsecurities.com oragsdale@signalsecurities.com RSVP Securities and advisory services offered through Signal Securities, Inc.
Tarrant County Volunteer Attorney Services TVAS To Start 2019 With A New Pro Bono Co-Chair and New Pro Bono Opportunities
T
arrant Volunteer Attorney Services has named Joshua Ross, a partner with Cantey Hanger LLP, to join TVAS co-chair Julie Sherman for 2019. Mr. Ross joined Cantey Hanger in 2015 to practice health law, administrative law, and white collar criminal defense in the firm’s Litigation Section. Prior to joining Cantey Hanger, Mr. Ross spent over a decade as an AsJoshua Ross sistant Criminal District Attorney here in Tarrant County. He is a long-time TVAS volunteer. Mr. Ross’ joint civil & criminal background brings a new perspective to Pro Bono opportunities needed in our area. Continuing to serve established populations in need of legal assistance, and to expand the populations to which Tarrant County attorneys can provide no-cost representation are his goals for the Committee.
TVAS will continue to partner with Legal Aid of North West Texas to conduct two Family Law Clinics, and with Kelly Hart & Hallman to conduct two Estate Planning Clinics at The Gatehouse in Grapevine. TVAS is currently planning a Guardianship CLE & Clinic for later this year. TVAS needs attorneys from all legal practices to serve as pro bono volunteers for eligible low-income Tarrant County citizens. There are numerous ways to volunteer. TVAS has CLE and mentors available to assist volunteers. Please volunteer, your community needs your help. TVAS is also actively seeking law firms to partner with TVAS to sponsor and/or staff 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 Joshua Ross jross@canteyhanger.com or Julie Sherman jsherman@canteyhanger.com. g Julie Sherman TVAS Co-Chair
MARCH/APRIL 2019
▪ TCBA BULLETIN 17
TARRANT COUNTY BAR ASSOCIATION PRESENTS
Brown Bag
Seminar Series
CHILD WELFARE APRIL 12, 2019
Join us for CLE credit at the 323rd District Court Training Room Juvenile Detention Center, 2701 Kimbo Rd., Fort Worth, 76111 Moderator: Cynthia Terry, Associate Judge, 323rd District Court 11:30 am
Registration
12:00 pm
Common Pitfalls in CPS Litigation Brian Newman, Attorney at Law
12:30 pm
Attorney/Guardian Ad Litem Duties and Responsibilities Clifford Bronson, Attorney at Law
1:30 pm
Representing Parents in DFPS cases Kellye Hughes, Attorney at Law
2:00 pm
BREAK
2:15 pm
Navigating DFPS Cindy Williams, Managing Attorney, DFPS, Tarrant County Criminal District Attorney’s Office
1:00 pm
2:45 pm 3:15 pm 3:45 pm
4:15 pm
Texas Lawyers for Children Barbara Elias-Perciful, Director, The Child Protection Connection for Texas
Collaborative Family Engagement with CASA Don Binnicker, MSSW, Chief Executive Officer, CASA of Tarrant County
Family Drug Court Programs for parents in DFPS cases John Haenes, LMSW, ICPS, Chief Operating Officer, Challenge of Tarrant County
Practice in the 323rd District Court Presiding Judge, Alex Kim; Associate Judge, Ellen Smith Associate Judge, Shane Nolen; Associate Judge, Cynthia Terry
ADJOURN
4 hours of CLE credit requested (This program will be videoed for showing throughout the year.)
----------------------------------------------------------------------------------------------------------Brown Bag Registration: Child Welfare April 12, 2019 _____ $70 TCBA Member _____ $95 non-TCBA Member _____ $35 TCBA Member Staff _____ Brown Bag Season Pass Holder
_____ $12 for a boxed lunch
Add $5 if registering after April 10 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
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▪ MARCH/APRIL 2019
Digital Wellness
By Kate Casey, LPC, JD
I
t’s official: We are immersed in the digital age. Screens can be found at almost every turn, whether you like it or not. The information supplied on screens can be incredibly beneficial, but it is possible, even highly likely, that you are getting too much of a good thing. The sweet spot in the digital age is to find a healthy balance between digital connectedness and human connectedness. We are designed to interact and connect with others, but these needs cannot be fully met online. In an effort to help you become more aware and evaluate your digital habits, I ask you to reflect on the following: 1. Do you check your smartphone immediately upon waking? 2. Do you get up in the night to check your messages? 3. Do you check your smartphone while at a meal with others? 4. Do you remove yourself from activities with others to check email and/or social media? 5. Do you regularly bump into someone or something because you were paying attention to your smartphone rather than looking where you are going? 6. Do you find yourself easily distracted and unable to fully focus on a task? 7. Are most of your interactions with family and friends virtual rather than face-to-face? 8. Do you find that you and your family members are often at home together but in separate rooms interacting with screens? 9. Do you go online when you feel stressed? 10. Do you go online as an escape or to avoid someone or something? 11. Do you feel lonely? If you answered “Yes” to any of the above questions, you just received the gift of a red flag—or perhaps a field of red flags. I encourage you to answer these questions and then check your answers with a family member or close friend. Do they agree with your answers? Do they see you the same way you see yourself? The good news is that you have the ability to change the way your life is shaped and influenced by the digital age—TODAY. There are many ways to bring your digital life back into balance, yet—as with any problem—the most important part is to begin with awareness and an honest
evaluation. In searching for balance it is helpful to understand that what works for someone else may not work for you. There will be a period of trial and error as you find your sweet spot in the digital age. Many have found the following techniques to be helpful: 1. Turn off your smartphone at night and store it outside of your bedroom. 2. Use an “old school” alarm clock. Yes, they work! 3. Schedule two times per day to read and respond to your messages. It is helpful to let others know of this schedule for understanding and accountability purposes. 4. Turn off digital alerts to reduce distraction. 5. Do not bring your smartphone to the meal table. These suggestions will get you started, but it is up to you to identify your negative digital habits and find a counterbalance technique that works for you. While striking a healthy balance may not be easy, it is most definitely worth it for your overall health and wellbeing. This article is published on behalf of the Tarrant County Bar Association’s Wellness Connections Committee. If you found it helpful, and we hope that you did, please mark your calendar for our conference on May 10, 2019. The conference will cover Digital Wellness and numerous other pertinent topics. g
Patterson Law Group, Partner
The Wellness Connections Committee hosted a membership event at Painting with a Twist.
W e l l ne s s C on n e ct i o n s Co m m i t t e e MARCH/APRIL 2019
▪ TCBA BULLETIN 19
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, 2015-2018) - Thomson Reuters
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1119 PENNSYLVANIA AVENUE, FORT WORTH, TX 76104
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Membership Luncheon
Celebrating 50 Year Attorneys
Joe Anderson
Gerald Bates
Robert Bodoin
Michael Bourland
William Chambers
John Gray
Bobby Mann
James Stripling
Judge Michael Thomas
T
hanks to Chair Judge R.H. Wallace for leading the program honoring these attorneys.
Charles Webb
Weir Wilson
MARCH/APRIL 2019
â–Ş TCBA BULLETIN 21
By Perry Cockerell
Judicial Profile Judge Mike Wallach
T
ar r ant C oun ty i s lucky to have a judge with as much trial experience as Judge Mike Wal l ac h, 348t h D i s tri ct Court. After leading in a three-way primary, prevailing in a runoff, and winning in a general election race in 2016, Wallach brought with him thirty-seven years of rock-solid courtroom experience, having tried over 100 civil jury trials prior to taking the bench. His experience ranged from medical malpractice, professional liability, real estate, and insurance liability to cases involving homeowners and small businesses.
Growing up in Fort Worth
Judge Wallach was born in Fort Worth, Texas, as the only child to parents Dave and Jane Wallach. His father worked in the purchasing department at Texas Electric Service Company. His mother was a homemaker. He grew up on the east side of Fort Worth, attending East Handley Elementary and Handley Junior High School and graduating from Eastern Hills High School in 1973 as top male graduate. During his sophomore year at Eastern Hills, he met Susan Hailey, his high-school sweetheart and future wife. Mike and Susan married on August 16, 1975, at Poly United Methodist Church shortly before they graduated college. Judge Wallach attended Texas Christian University, where he majored in political science and history and was a member of Sigma Phi Epsilon fraternity and the debate team. He graduated magna cum laude in 1975 with a Bachelor of Arts degree after just two years.
Law School
The newly married couple left Fort Worth for Houston, where Mike was accepted to the University of Houston Law School. Mike knew he would attend law school because “I knew I wanted to be a trial lawyer since I don’t know when.” His law school days were memorable because he clerked for famous Houston trial attorney Wayne Fisher with the firm of Fisher, Roch & Gallagher. Wayne Fisher was “one of the best trial lawyers in Texas.” In 1978, during his second year of law school Susan
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had their first child, Landon. He had great timing for his arrival, being born on the morning of Judge Wallach’s Business Organizations 2 final exam. By 1979, the couple knew they would return home to Fort Worth. Susan was in a hurry to get “home,” so Judge Wallach completed his last semester of law school at SMU Law School, transferring the credits back to Houston. He then received his law degree from the University of Houston, cum laude.
Legal Practice
Wallach joined the firm of Shannon, Gracey, Ratliff & Miller, where he worked as a litigation attorney with prominent attorneys, including Bill Bowers, David Keltner, Vic Anderson, and Kleber Miller. He handled insurance defense, subrogation, personal injury, and property damage cases. His highlight at Shannon, Gracey was when Mr. Miller, who was scheduled for a vacation, assigned him one of the most difficult medical malpractice trials in the firm. Wallach would defend a surgeon who was being sued for leaving a surgical clamp in a patient after completing the operation. A second operation was required to remove the clamp and save the patient’s life. Wallach tried the case to the jury and prevailed. The jury found there was no negligence on the part of the doctor. When Mr. Miller returned from his vacation, Wallach brought the jury verdict to show him his achievement. Miller said, “it doesn’t get any better than that. You should just plan on retiring right now.” The judgment was affirmed on appeal in the case of Kissinger v. Turner, 727 S.W.2d 750, 751 (Tex. App.—Fort Worth 1987, writ ref 'd n.r.e.), where the Second Court of Appeals found that the jury’s answer of no negligence was not against the great weight and preponderance of the evidence. Wallach remained at Shannon, Gracey for twelve years before deciding to open his own firm along with Randy Moore and Rob Jones, establishing the firm of Wallach, Jones & Moore, P.C. The firm also included Jenny Andrews and Jan Turner. Over time, the firm transitioned to Wallach & Moore; Wallach, Andrews, Florsheim & Stouffer; and, eventually, Wallach & Andrews. During his career as an attorney, Wallach consulted with advocates for tort reform during many legislative sessions. He was one of 5 lawyers who drafted the model legislation for what became House Bill 4, passed in 2003,
which significantly changed tort liability in Texas, especially in the area of medical liability.
Changing Legal Profession
Judge Wallach said that during his career he observed the practice of law transitioning “from a profession to a profit center.” He raised issue with the overriding concern for the billable hour and timekeeping. He believes that “it is time to get back to the practice of law being more of a profession.” He said that “one of the things about being in a successful law firm is that you have to get to know your partners, and their families, and have genuine concern for them.” Judge Wallach believes that older attorneys should mentor younger attorneys. “One of the things we need to do is encourage experienced attorneys to mentor young lawyers frequently and regularly. Mentoring has become a lost part of the profession.” The judge is also concerned over the future of the civil jury trial: “The ability to try a jury trial is becoming a lost art.” He believes that newer attorneys need to take time from their billable hours to come down and watch some of the better attorneys practicing in the court. “There is no substitute for watching great trial lawyers try real cases.” Judge Wallach is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, Certified as a Civil Trial Advocate by the National Board of Trial Advocacy, and was recognized for twelve years as a Super Lawyer by Texas Monthly Magazine and as a Top Attorney by Fort
Worth Magazine. He is a past president of the Texas Association of Defense Counsel, a past member of the Defense Research Institute, International Association of Defense Counsel, and Federation of Defense and Corporate Counsel. He is a member the Texas Bar College, a Charter Fellow of the Tarrant County Bar Foundation and a Fellow of the Texas Bar Foundation.
Community Involvement
Judge Wallach and Susan have been married for 43 years. They have three children, sons Landon and Tyler and daughter Carter, and four grandchildren, all of whom live in Tarrant County. Judge Wallach and Susan are active members of Bear Valley Community Church in Colleyville, where they live. Judge Wallach is also a member of Lions International, a Mason, and a past president of the local chapter of Shriners International. He also serves as a Member of the Board of Governors of Shriners Hospital for Children in Galveston. g
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MARCH/APRIL 2019
▪ TCBA BULLETIN 23
Welcome New Members of the TCBA: ATTORNEYS Amy Allen Kim Anderson Elizabeth Borchardt Paula Bowman Kellie A. Brady Scharli Branch James Bullock Sean E. Carmichael Logan Cochran Stephanie M. Decker Nichole Harden Anne Daniel Hawley Matthew Hinojosa Meredith Knudsen Janet J. Moreno Farmer Taylor Paris Morgan Scott Mary Caroline Shivers Thomas M. Smith Taylor Spalla Sigrid Steil Christopher K. Stobaugh Michael Wilson Danielle Wojciak Holly Youngblood
STUDENTS Kimberly Fayard Lauren Trimble Megan Weiershausen
ASSOCIATES Sharon Dolak Kelly Penick Tracy Price Melissa Rankin
PARALEGAL Lisa Grimaldi Abdulkareem
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Lawyers on the Move & KoonsFuller Family Law would like to welcome attorney Drew Williamson to the firm’s Southlake office. Mr. Williamson can be reached at 550 Reserve Street, Suite 450, Southlake, Texas, 76092, (817) 481-2710. Anita K. Cutrer, previously with Hoppes & Cutrer, is now at Cutrer + Wanger, 304 Harwood Rd., Bedford, TX 76021. She can be reached at anita@familylawtex.com or 817.285.2855. Brackett & Ellis is pleased to announce the recent addition of Jennifer Covington. Ms. Covington focuses on labor & employment, professional liability defense, real estate litigation, and other types of commercial litigation. Prior to joining our firm, Jennifer was a shareholder at Law Snakard & Gambill, P.C. Ms. Covington is a magna cum laude graduate of Texas Tech University School of Law, and earned her undergraduate degree from the University of Tampa where she also graduated magna cum laude. Brackett & Ellis is pleased to announce the recent addition of C.R. Moore III. Mr. Moore received his Juris Doctorate from University of North Texas Dallas College of Law. He earned his B.S. from Tarleton State University. Prior to joining the firm, he worked as an associate for Law, Snakard & Gambill, P.C. where he represented clients in the areas of professional liability defense, real estate litigation and estate planning and probate. Kelly Hart & Hallman LLP elected five new partners of the firm—Jonathan Cranz, Brian Garrett, Katherine Hopkins, Andrew Neal, and Rick Shelby—effective January 1, 2019.
▪ MARCH/APRIL 2019
in the News
The new partners are emerging leaders from a broad cross-section of the firm's practice groups, including Bankruptcy and Business Reorganization; Commercial Litigation; Public Finance; Real Estate; and Oil & Gas/ Energy. The announcement was made at the annual Partners Meeting on December 14, 2018. Jonathan W. Cranz specializes in public finance with experience representing both borrowers and lenders. In his capacity as bond counsel, Mr. Cranz has represented municipalities, counties, and a variety of special districts including school districts, hospital districts, municipal utility districts, fresh water supply districts, water control and improvement districts, and various improvement districts. Mr. Cranz also has experience representing both publicly traded and privately held corporate clients in a variety of matters, including formations, general corporate governance, commercial contracts and mergers and acquisitions. Brian K. Garrett is a Baylor Law graduate and a partner in the Litigation practice at Kelly Hart. Mr. Garrett has successfully represented individuals and entities in courts throughout the State of Texas. Although his practice primarily focuses on commercial litigation, he has experience in a wide variety of litigation matters ranging from simple landlord-tenant disputes to complex breach of fiduciary duty and fraudulent transfer lawsuits. 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.
Katherine T. Hopkins focuses her practice on bankruptcy and business reorganization, including the representation of both individual and business clients in various debtor/ creditor matters. In 2016, Ms. Hopkins received the esteemed Romina L. Mulloy-Bossio Achievement Award, to honor her service as an outstanding young bankruptcy lawyer. Prior to joining the firm, Ms. Hopkins served as a law clerk to the Honorable Ronald B. King, Chief United States Bankruptcy Judge, Western District of Texas, San Antonio Division. Andrew H. Neal is a partner in the firm's Oil & Gas section. Prior to joining Kelly Hart, Mr. Neal was an oil & gas transactions attorney at Gray Reed & McGraw in Dallas. After receiving his J.D., Mr. Neal went into private practice focusing on oil and gas issues. He focuses his practice on a variety of oil and gas transactions. Mr. Neal graduated with a B.A. from Wheaton College in Illinois. In 2010, he received his J.D. from St. Mary’s University School of Law. Rick M. Shelby is an experienced attorney who specializes in bankruptcy, restructuring, oil and gas litigation, commercial litigation and corporate governance. His representation includes secured and unsecured creditors, trustees, committees, and debtors. Mr. Shelby has handled virtually all aspects of bankruptcy work from complex chapter 11 cases representing debtors, creditors’ committees and secured creditors to consumer bankruptcy cases in chapter 7 and 13. Mr. Shelby also represents clients in all aspects of oil and gas litigation including the Louisiana Oil Well Lien Act (LOWLA), master service agreements, permitting, adjudication, lease renewals, work orders, and decommissioning offshore projects. Harris, Finley & Bogle, P.C., is proud to announce attorneys who joined our firm in 2018: Megan R. Knell (formerly of Branscomb PC in Houston) rejoined our oil and gas practice after returning to Fort Worth. Megan graduated from Texas Wesleyan University School of Law in 2008, after which she worked for HFB for several years until she moved to Houston. Two additional attorneys joined our oil and gas practice: Caroline K. Featherstone, whose experience includes work as a landman and project manager, is a 2011 graduate of Okla-
homa City University School of Law, and Hayley S. Murray, who is a 2018 graduate of Texas A&M University School of Law. Our litigation section welcomed J. Brison Bursey (formerly of Boyd, Powers & Williamson), a 2017 graduate of Texas A&M University School of Law, who will practice in our Weatherford office, and Richard R. Hyde (formerly of Circelli, Walter & Young), a 2016 graduate of the University of Texas School of Law, whose practice includes an emphasis in oil and gas, securities, and general business and commercial litigation. We were also pleased to welcome S. Brook Bell, a 2016 graduate of Texas A&M University School of Law and former Public Probate Administrator for Tarrant County, who joined our estate planning and probate, tax, and business section. g
Membership Report
W
e hope all of our members are enjoying the last few days of winter while gearing up for a busy spring at the Bar! 2019 had a strong start at the Bar. The annual 50 Year Lawyer Luncheon was held on February 12 and honored 11 attorneys who have dedicated 50 years to the profession. A special thank you to Brooks Harrington of the Methodist Justice Ministry for speaking on civility and to Judge RH Wallace for organizing the event this year. The Transition to Practice Committee held its first luncheon titled, “What Every Lawyer Should Know: Depositions and Mediation.” Thank you to Dispute Resolution Services of North Texas for sponsoring this event. We’re hitting the ground running in March and April! The 15th Annual People’s Law School will be held on March 23 from 12-4 p.m. at TAMU Law School. The committee is excited to present a wide variety of topics to the public this year, thanks to the speakers that were willing to give their time. Judge Reed O’Connor will give an opening on the American Bar Association’s Law Day Theme of Free Speech, Free Press, Free Society. Thank you to chair, Brian Singleterry, and the entire PLS committee for their hard work this year. Bench Bar is heading back to Horseshoe Bay Resort April 5-7 for the annual conference. The committee has planned a full weekend of CLE and fun. We are also looking forward to hosting Breakfast with the Judiciary on April 26 from 7:30-9 a.m. The Blood Drive is coming and Carter Blood Care is in need of donors! Make sure that you mark your calendar to attend this annual event at the Tom Vandergriff Courthouse. Please use the link to make appointments: https://ww3. greatpartners.org/donor/schedules/drive_schedule/101743. As always, thank you for your continued support of the Tarrant County Bar Association. We hope to see you at an event soon! g Lauren McKnight Membership Director
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▪ TCBA BULLETIN 25
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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Bedford, Texas 76021
Tarrant County Bar Foundation
2019 Pro Bono Awards TLTV Pro Bono Awards
TVAS Pro Bono Awards
Eagle Service John Corbin The Law Office of John J. Corbin
Attorney Volunteer Deborah Bankhead Varghese Summersett, PLLC
Attorney Volunteer Michael McBride J. Michael McBride, P.C.
Attorney Mentor Heidi Angel Kelly Hart & Hallman LLP
Law Firm Partner Gardner & Smith, PLLC
Paralegal Volunteer Monty Mayes
Law Student Volunteer Claire Brown Texas A&M University School of Law
Community Partner Fort Worth Paralegal Association
Community Partner VetStarts, Inc.
Community Partner Morris Foundation Women and Children’s Center
Community Volunteer Diane Zubalsky
LegalLine Pro Bono Awards
Steadfast Service Aleed Rivera Law Office of Aleed J. Rivera Service after Service William Rivera-Vazquez MHMR of Tarrant County
LegalLine Attorney of the Year Bryce King Phillips & King
Snippets
Civil and Criminal
Co-Editor Judge Carey Walker, County Criminal Court No. 2
by Judge Bob McCoy g County Criminal Court No. 3
ASK JUDGE BOB
Judge Bob, are there any Texas cases as yet involving the space-tourism business? Oh, yes. See Horie v. Law Office of Art Dula, 560 S.W.3d 425 (Tex. App.—Houston [14th Dist.] 2018). Introducing “Noah” Age: 3 months Weight: 40 lbs. Who: The nephew of Moses
ASK MOSES AND NOAH
Moses
Moses and Noah, in a criminal case, if the complainant’s dog is killed in connection with a carjacking incident, can the convicted accused be required to make restitution of the value of the dog?
Yes, at least in federal court, if proper evidence of the loss is given. See United States v. Bagley, 2018 WL 5795778 (8th Cir., Nov. 11, 2018).
DANES’ QUOTE OF THE MONTH I don’t think he has any idea he’s a dog, not really. Of course, he thinks he has a rather odd figure for a man. —Pamela Fitzgerald (Ruth Hussey), The Uninvited
CRIMINAL ITEMS OF INTEREST 1. Mens Rea
“Proof of a culpable mental state is often made by circumstantial evidence.” In determining a defendant’s state of mind, the jury may consider all of the circumstances. The jury may infer the requisite middle state from (1) the acts, words, and conduct of the defendant, (2) the extent of the injuries to the victim, (3) the method used to produce the injuries, and (4) the relative size and strength of the parties. In homicide prosecutions, although the intent to kill may not be presumed, “the jury may infer intent from any facts in evidence which it determines proves the existence of an intent to kill, such as the use of a deadly weapon.” Rhymes v. State, 536 S.W.3d 85 (Tex. App.—Texarkana 2017).
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2. Deadly Weapon
A deadly weapon is defined as “a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury” or “anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.” To sustain a deadly weapon finding, the evidence must show that an object that meets the definition of a deadly weapon was used or exhibited during the transaction on which the felony conviction was based and other people were placed in actual danger. Mere possession of a deadly weapon during the commission of a felony is not enough; rather, the deadly weapon must facilitate the associated felony to support a deadly weapon finding. Mayes v. State, 536 S.W.3d 102 (Tex. App.—Amarillo 2017).
3. Absent Defendant
“When a defendant voluntarily absents himself after pleading to the indictment, or after the jury has been selected, the trial may proceed to its conclusion.” Mayfield v. State, 536 S.W.3d 523 (Tex. App.—Amarillo 2017).
4. Outcry Witnesses
“Article 38.072 creates a statutory exception to the hearsay rule for child victims of certain offenses,” including continuous sexual abuse of a child. “Article 38.072 allows the first person to whom the child described the offense in some discernible manner to testify about the statements the child made.” Kou v. State, 536 S.W.3d 535 (Tex. App.—San Antonio 2017).
5. Jury Trial
“Juror unanimity is required in felony cases by the Texas Constitution and in all criminal trials by state statutes.” Thus, the trial court must submit a “charge that does not allow for the possibility of a non-unanimous verdict.” “Put simply, the jury must unanimously agree about the occurrence of a single criminal offense, but they need not be unanimous about the specific manner and means of how that offense was committed.” Flores v. State, 536 S.W.3d 560 (Tex. App.—San Antonio 2017).
6. Arrest
Handcuffing alone does not necessarily transform an investigative detention into an arrest. “A person who has been handcuffed has been ‘seized’ and detained under the Fourth Amendment, but he has not necessarily been
‘arrested.’” “Allowances must be made for the fact that officers must often make quick decisions under tense, uncertain and rapidly changing circumstances.” Alfaro-Jimenez v. State, 536 S.W.3d 579 (Tex. App.—San Antonio 2017).
7. Involuntary Plea
posing the dismissal has the burden to produce evidence at the hearing showing good cause for its delay in prosecuting the case. In re Crawford, 560 S.W.3d 357, 364 (Tex. App.— Texarkana 2018).
6. Gupta Exception
An accused, who attests that she understands the nature of her plea when she enters her plea of no contest and that it is voluntary, as in this case, has a heavy burden on appeal to show that her plea was involuntary. However, a plea of no contest based on erroneous information conveyed to the defendant by her trial counsel is involuntary. Briggs v. State, 536 S.W.3d 592 (Tex. App.—Corpus Christi 2017).
The Gupta exception excuses the exhaustion requirement for a retaliation claim when it grows out of a previously filed EEOC, so long as the alleged retaliation occurred after the filing of the EEOC charge. Sw. Convenience Stores v. Mora, 560 S.W.3d 392, 404 (Tex. App.—El Paso 2018).
CIVIL ITEMS OF INTEREST
The Legislature did not intend to exempt engineers from the regulatory scheme imposed by the Texas Engineering Practicing Act and enforced by the Texas Board of Professional Engineers simply by virtue of the fact that they were employees of an engineering firm. Ronald R. Wagner & Co. v. Apex Geoscience, 560 S.W.3d 407, 412 (Tex. App.—Amarillo 2018).
1. Guaranty
A plaintiff seeking to enforce a guaranty must prove “(1) the existence and ownership of the guaranty agreement; (2) the terms of the underlying contract by the holder; (3) the occurrence of the conditions upon which liability is based; and (4) the failure or refusal to perform the promise by the guarantor.” Duarte-Viera v. Fannie Mae, 560 S.W.3d 258, 262 (Tex. App.—Amarillo 2016).
7. Engineers
8. Disqualification of a Judge
In defamation, a statement is not actionable unless it asserts an objectively verifiable fact rather than an opinion. . . . This rule has roots in the First Amendment. Additionally, rhetorical hyperbole—meaning extravagant exaggeration employed for rhetorical effect—is not actionable in defamation. Glassdoor, Inc. v. Andra Group, LP, 560 S.W.3d 281, 291 (Tex. App.—Dallas 2017).
In summary, a judge is disqualified when two prongs are met: first, the judge or the judge’s law firm was the attorney for a party in the case, and second, the matter before the judge is the same matter that was before the judge or judge’s law firm. By its own terms, rule 18b[(a)(1)] is not limited to disqualifying a trial judge only when the “same lawsuit” is involved. Rather, in plain language, rule 18b[(a)(1)] requires disqualification when the same “matter in controversy” is involved. In re P.K., 560 S.W.3d 413, 417 (Tex. App.—Fort Worth 2018).
3. Lost Profits
LEGAL QUOTE OF THE MONTH
2. Rhetorical hyperbole
Lost profits are damages for the loss of net income to a business measured by reasonable certainty and, broadly speaking, reflect income from lost business activity, less expenses that would have been attributable to that activity. Musallam v. Ali, 560 S.W.3d 295, 307 (Tex. App.—Fort Worth 2017).
4. New Trials
Although trial courts have long been afforded broad discretion in granting new trials, a trial court’s discretion to order a new trial is not “limitless.” . . . When a trial court orders a new trial after a case has been tried to a jury, the parties “are entitled to an understandable, reasonably specific explanation why their expectations are frustrated by a jury verdict being disregarded or set aside, the trial process being nullified, and the case having to be retried.” In re Wagner, 560 S.W.3d 309, 318 (Tex. App.—Houston [1st Dist.] 2017).
5. Want of Prosecution
A trial court may dismiss a suit for want of prosecution either under its inherent power or pursuant to Rule 165a of the Texas Rules of Civil Procedure. . . . Under both Rule 165a and the trial court’s inherent power, a conclusive presumption of abandonment of a plaintiff ’s suit is raised when there is a delay in prosecuting the suit of an unreasonable duration, unless sufficiently explained. Consequently, the party op-
“Reason is the life of the law, nay the common law itself is nothing else but reason.” —In the courtroom of Judge John McBryde
QUOTE OF THE MONTH
I wanted to be an arch-criminal as a child, before I discovered I was too short. —Woody Allen
OLD NEWS
Justin Boots H.J. “Joe” Justin began the company in Spanish Fort, crafting custom boots for cowboys on the Texas cattle trails. He moved the business to Nacona in 1889. Justin died in 1918 and his son moved the company to Fort Worth. H.J. Justin & Sons bootmakers moved from Nocona to Fort Worth on April 13, 1925, and located near the Worth Milling Co. in the southern part of the city. John Justin Sr. said the company outgrew its Nacona plant and needed better banking facilities, rail access, and labor. Movie cowboy Tom Mix began wearing Justins in the early 1920s and made special trips to Cowtown whenever he needed new boots. g
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▪ TCBA BULLETIN 29
Judicial Charge Chief Justice Sudderth provided the following remarks at the Investiture Ceremony of Judge Kenneth E. Newell, 233rd District Court, on Friday, January 4, 2019.
I
want to thank Judge Newell for the honor of allowing me Hon. Bonnie Sudderth, to participate in his investiture Chief Justice 2nd Court ceremony. When he asked me to of Appeals speak, he told me that he wanted me to give him his charge—in other words, he wanted me to articulate the job that he is now expected and required to perform. So that is what I endeavor to do here today. Judge Newell, starting with the administration of the oath of office, you will have sworn to faithfully execute the duties of the office of judge of this family district court. Among these duties is to support, protect and defend the Constitutions of the United States and of Texas. What this means is that you must be vigilant to ensure that all constitutional protections are afforded to every person in our justice system, without regard to rank or status. You will also swear to preserve, protect and defend the laws of the United States and of Texas. What this means is that you are to apply the laws, as written, not try to substitute in its place what you think the law ought to be, nor to bend or stretch the rules of law to achieve a particular result. Although it may sound simple enough, many judges believe that this is one of the most difficult aspects of the job. Applying a law that yields what you believe to be an unjust result is difficult indeed, but it is your charge. Laws that lead to unjust results are rightly left to the Legislative branch of government to fix, and judges who attempt to modify the law from the bench undermine the very fabric of our system of government which leads to mistrust and cynicism by our citizens. Along those lines, keep in mind that custom and practice—even wise and long-standing custom and practice—do not trump the rules of law. Just because it’s always been done that way, or some other judge does it that way, does not give a judge the authority to deviate from the rules. We are a nation governed by the rule of law, and when a judge allows something other than the rule of law to dictate his behavior, court procedures or decisions, he violates the rule of law that we hold so dear. And although these two tasks—upholding the constitutions and laws—are difficult enough, they are but the tip of the iceberg when it comes to discharging your duties as the judge of this court. Being a judge changes your entire way of life, and the way of life for your family members as well. Because now everything you do reflects not just upon you but upon the entire judiciary. Once you put on the robe, it never comes off until you end your career as a judge. It doesn’t come off at 5:00, it doesn’t come off when you’re shopping at Walmart on a Saturday afternoon. Every-
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thing you do potentially reflects upon the judiciary, and it is your duty to bring honor and respect to the judiciary in everything you do, both public and private. So while it will be your job to judge, never forget that you, too, will be judged. Every hour of every day. And you must live your life accordingly, by personally observing high standards of conduct in all that you do, acting at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. For example, you may not allow any relationship to influence your judicial conduct or judgment or use your judicial position to advance someone else’s personal interest. Shortly after I became a judge, my mother got a traffic ticket and asked me to call the judge in Hood County and get him to dismiss her ticket. I said, “Mom, I can’t do that. I can’t use my position to get you special treatment.” And she said, “What good is it to have a daughter who’s a judge if you can’t do that for me?” I didn’t have an answer for her, because the truth was I could do far more for her as an attorney than I could ever do for her as a judge. So, finally I just said, “I guess you get bragging rights.” So I tell your friends and family members -- be proud of Kenneth. Brag about him. But never expect that he -- in his position as judge -- can do a blasted thing to help you out of a fix. Because he can’t. And that, too is difficult, because it’s so hard to say “no” to someone you love. But “no” it must be. Another difficult pill to swallow for family members and friends is that your judicial duties take precedence over all of your other activities. You are ethically bound to put the job first. But as a former military man you understand this. Nor can you dodge a difficult case or a thorny issue by recusing or refusing to rule. You have an obligation to hear and decide all matters that are properly before you. You have just as much a duty to hear matters without recusing as you have to recuse when it’s necessary. And in making those difficult decisions, you cannot allow yourself to be swayed or influenced by partisan interests, public clamor or fear of criticism. In other words, you must be brave enough to do the right thing according to law, no matter who it offends or the political consequences. You must demand order and decorum in the courtroom, and that starts with the judge. That means that not only must you demand respectful and honorable conduct from the attorneys and parties appearing before you, you must at all times act with patience, dignity and courtesy yourself. It’s a tall order, because all judges are humans and anger and impatience are a part of our emotional makeup. You must not only be patient, dignified and courteous, you must demand that of your staff and anyone else who is sub-
ject to your direction and control. Certainly it should go without saying that you shall perform your duties without bias or prejudice. But here, too, you must be vigilant, because while it’s easy to declare yourself bias-free, that is never the case. Each of us possesses implicit bias; no one is free from all bias. At a minimum, then, certainly you cannot allow yourself or anyone under your judicial control -- staff members or attorneys appearing before you -- to manifest impermissible bias or prejudice in the court. But when making decisions, the reasons for which you may never share with anyone, you should dig deeper and try to identify where your potential biases may present themselves and try your best to keep them in check. Except in very limited circumstances, you are absolutely prohibited from discussing the facts of a case with anyone without the presence of all attorneys and pro se parties who are interested in the matter. It can be tempting to engage in these discussions. Some may even expect you to do that, but you must not -- even when it would be expedient to do so. You must dispose of all matters before you in a prompt, efficient and fair manner. Never forget that you are a public servant, and as such you owe it to the public to give an honest day’s work for an honest day’s pay. That means arriving at the office promptly in the mornings, working diligently throughout the day and not leaving until it’s time for everyone -- not just judges and their personal staff members, but everyone -- to go home. A dark, empty courtroom and chambers in the middle of the day is the surest path to bringing disrespect to the judiciary. Don’t be one of those judges. Finally, never forget that you must not let the things you do in your private life cast doubt upon your ability to act impartially as a judge or interfere with the proper performance of your job. Avoid Las Vegas -- even when you are assured that what happens there stays there; it does not.
Again, remember, you can never really take off the robe. My words are somber, and these are tall orders. Some may say I expect too much of you. But these aren’t my expectations at all. Everything I’ve said today comes straight from the Code of Judicial Conduct. So, remember the Pirates of the Caribbean. Stick to the Code. But unlike the Pirate’s Code, the judicial code contains actual rules, not “merely guidelines.” Know the Code. Stick to the Code. But while you’re at it, while you are deciding important matters that affect the daily lives of families and children from all across this county, try to enjoy yourself. Don’t shoulder the burden for all of the problems of society, many of which you cannot solve. Keep a balance in your life, cherish your family and friends. Rely upon them as a source of joy and inspiration. Take pleasure in watching excellent advocacy, even when it causes you to have to work harder. If you do this, you will love your job, despite all of the limitations it places on your daily activities. It’s a lot to be expected, but I have supreme confidence that you are up to the task. I have watched you over this past year and I believe I’ve had the opportunity to take a glimpse inside your soul. From my vantage point, you have the fortitude and the conviction to take on these weighty responsibilities and to bring honor and respect to the bench. I wish you the best of luck and success. A young protégé of Justice Oliver Wendell Holmes, in bidding goodbye to the justice as he entered the courthouse one day, parted by saying, “Do Justice!” It is reported that Justice Holmes turned back around to the young man and said something along the lines of, “Do Justice? That is not my job. My job is to follow the rules.” In delivering this charge to you, I would offer a friendly amendment to Justice Holmes’ remarks. My charge to you today is to “Do Justice. According to the rules.” Thanks for the honor of allowing me to speak here today. Welcome to the judiciary, Judge Newell. g
Texas Lawyers for Texas Veterans Tarrant County Chapter Thank you to Wilks Law Office for sponsoring April's Free Legal Advice Clinic For Veterans.
MARCH/APRIL 2019
▪ TCBA BULLETIN 31
The Tarrant County Bar Foundation Supports the Eldon B. Mahon Inn of Court High School Mock Trial Competition
I
n January 2019, the Eldon B. Mahon Inn of Court held its fifth Region 11 high school mock trial competition as part of the 40th Anniversary Texas High School Mock Trial Competition. The Tarrant County Bar Foundation has supported the Eldon B. Mahon Inn of Court’s mock trial competition each year through a grant that underwrites the associated costs of the event. The mock trial competition was coordinated by the Eldon B. Mahon Inn of Court's Mock Trial Committee, led by Chair Cindy Hill (Decker Jones). Attorneys, law students, and judges from the Eldon B. Mahon Inn of Court participated in the mock trial as volunteers. The three preliminary rounds of the high school mock trial competition occurred on Saturday, January 12, 2019, at the Family Courts Building. Four teams advanced to the semi-final round held on Friday, January 18, at the Family Courts Building. Later that evening, teams from Covenant Classical School and Lewisville Career Center
East participated in the final round presided by Judge Ruben Gonzalez. Covenant Classical School won the competition, and will proceed to the state round held in March 2019. Lewisville Career Center East won the Courtroom Artist competition and will participate in the state round. Ten teams signed up for the competition, and eight teams ultimately competed. Teams hailed from high schools in the Burleson, Decatur, Eagle Mountain-Saginaw, Fort Worth, HurstEuless-Bedford, Lewisville, and Mansfield ISDs. The Eldon B. Mahon Inn of Court extends its appreciation to the man y people who supported the event, including its own members, the Tarrant County Commissioners who approved access to the courthouse and use of the sheriff deputies for the entire competition, the family court judges who shared their courtrooms, and the Tarrant County Bar Association members who volunteered for the event. g
T Corner
CLE
Sherry Jones Associate Executive Director
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he Bar Association continues to provide CLE that we hope is helpful to many of our members. There are two more Brown Bag Seminars for this bar year—April 12 will be on Child Welfare and June 21 will be a Legislative Update. The Brown Bag Seminars Committee is always looking for new people to join the committee to help provide our members with new and relevant CLE topics. If you are interested in working with the committee, please contact Sherry Jones at the bar office. g
LegalLine
L
egalLine held its first program of 2019 on Thursday, January 10. Thank you to the following attorneys for volunteering their time.
Norma Bazán Nick Bettinger Taryn Horton
Bryce King Lynn Rodriguez Scott Phillips Karon Rowden Jessica Robinson Griffin Scheumack
The Attorney’s Therapist As a former practicing attorney, Kate understands the overwhelming feelings of stress, burnout, and isolation that often accompany the art of balancing life with the practice of law. Kate will help you evaluate your choices, identify areas for change,
Kate Casey, LPC, JD
and implement a plan which will allow you to become the best version of yourself. If you are interested in volunteering, please contact Carolina Ibarra at 817.338.4092 or email carolina@tarrantbar.org. g
Contact me. Together we will chart the course for your success. 817.881.1914 • Kate@AutumnRidgeLPC.com AutumnRidgeLPC.com | 270 Miron Dr. #112, Southlake, TX 76092
MARCH/APRIL 2019
▪ TCBA BULLETIN 33
Texas Lawyers for Texas Veterans
Tarrant County Chapter
TLTV Welcomes A New Committee Chair
T
LTV has a new committee chair for the 2019-2020 term. Sarah Seltzer, partner and owner of Seltzer & Dally, PLLC. Sarah founded Seltzer & Dally four years ago and specializes in family law. Before striking out on her own, Sarah was an attorney at Beal Law Firm. She is a dedicated supporter of TLTV and its cause of providing pro bono legal services to veterans Sarah Seltzer in Tarrant County. Sarah’s team approach to addressing pro bono needs is an asset to veterans needing assistance and to the TLTV program. She is supportive of her fellow attorneys and is the first person many of them call when they need a mentor for
a pro bono case. With Sarah as chair, TLTV will continue its partnerships with Texas A&M Law School Veterans & Family Clinic and Legal Aid of NorthWest Texas to hold 10 legal clinics per year and add two additional Heroes Wills Clinic in 2019. With almost 20% growth in the number of veterans served in 2018, TLTV has goals to increase the number of veterans served by another 20% in 2019. Please consider joining TLTV in growing the number of veterans receiving pro bono assistance by volunteering at a clinic, accepting a case for representation, and/or sponsoring a TLTV clinic. For any of these opportunities please contact Melissa Sircar at melissa@ tarrantbar.org. g Melissa Sircar Pro Bono Programs Director
Space For Lease in the historic
Tindall Square Office Complex in Downtown Fort Worth
■ ■ ■ ■ ■ ■
Parking available Up to 10,000 square feet of office space available with rates starting at $19.50 psf. Current office tenant base includes attorneys, private investment firms and accountants. Executive suites for attorneys available, call for details. Secure record storage facility conveniently located on site with rates as low as $120/month Within walking distance to local restaurants and Sundance Square Office Space and Record Storage Space Available Immediately
Contact Debara Herring ■ 682.316.2072 dherring@rochester-group.com
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500 East 4th Street, Suite 175 ■ Fort Worth, Texas 76102
In
Memoriam
Hurshal Franklin Moore 1934-2019
H
urshal Franklin Moore, 85, passed away February 7, 2019. Franklin was born in Wichita Falls, Texas, December 31, 1934, to H.V. Moore and Anna Raab Moore. He moved to Fort Worth at the age of 5 with his family taking residence on the “North Side.” He attended All Saints Catholic School and North Side High School, graduating in 1953. He earned an Associate in Science degree at, then, Arlington State College, and went on to The University of Texas, earning his B.A and then Doctorate of Jurisprudence in 1959. Franklin was then called to duty and served in the Army at Fort Polk and Fort Jackson where, on a blind date, he met Barbara Miller Moore, whom he married on September 16, 1961, in Columbia, South Carolina. Upon Army discharge, he took up the practice of law beginning in Wichita Falls. There he found he did not have the taste for oil and gas law because, as he always said, he went to law school so he would not have to do math! He returned to Fort Worth, joining the firm of Crumley, Murphy, & Shrull, where he stayed through various name changes, ultimately being Murphy, Moore, & Griffith. He spent the better part of his career in the area of personal injury insurance defense and though he said he did, he never really retired. He was a member of many professional organizations of which he served as president, director, board member, etc. Most notably are the State Bar of Texas, Texas Association of Defense Counsel, American Board of Trial Advocates, and Dispute Resolution Services. He was a Life Fellow of the Texas Bar Foundation and member of The Ex-Students' Association University of Texas. He was most dedicated as a member of the Tarrant County Bar Association where he served as President (1986) and on committees too numerous to name. He was a fixture at the Bar Office for Legal Line taking calls from the public and giving "free legal advice" he typically ended by telling the caller that "the solution to your problem is to hire a lawyer!" Franklin was an active member of St. Andrew Catholic Church for over 55 years, where was a frequent lector, Parish Council member, St. Andrew's School Board when his children were in school there, and on the Board at Nolan Catholic High School as they progressed to higher learning. Franklin's dedication the Church is also shown through his extensive work with several prestigious organizations. He was an esteemed member of the Knights of the Holy Seplulchre and Serra Club, to each of which he dedicated countless hours along with his various leadership positions. He was also a longtime member of The Knights of Columbus. Franklin loved to travel. His chil-
dren can tell some of some harrowing adventures driving around the country in the back of a station wagon and those escapades, strikingly similar, were passed on, resulting in the grandchildrens' most hilarious recollections of Spring Break with Grandmommy and Granddaddy. He and Barbara commonly took trips planned around conventions both home and abroad, and travelled frequently to Austria and Belgium to visit dear friends. Wine making was his favorite hobby. He regularly put his kids to work bottle washing at a nickel a bottle and going out to pick grapes and blackberries in what they believed to be the scorching sun only to be compensated with a (small, of course) Slurpee. From those 5 gallon water jugs in the basement came some mighty fine wine; most recently the strawberry wine that was the hit at his granddaughter's wedding! Tennis was his sport and, a force to be reckoned with, he played on a regular basis well into his '70's. Franklin can undoubtedly be best described as a man of highest service and all this being said, his greatest love and object of dedication in life was his wife, Barbara, their four children, and four grandchildren. He was predeceased by his beloved son, Stephen Francis Moore who passed away April 7, 2016. SURVIVORS: His wife of 57 years, Barbara Miller Moore; daughters, Christine Marie Holtz and husband, Gregory, Paula Rachelle Moore, Elizabeth Ann Keoughan and husband, Marty; grandchildren, Kathleen Keoughan Sparks, Emily Rae Keoughan, Anna Moore Graves, and Mason Gregory Holtz. g Published in Star-Telegram on February 10, 2019
. . . And now a Word From Our Sections
B
elieve it or not we are flying through the bar year as if in a jet. It is time to consider who may want to run for section chair for the 2019-2020 bar year. The Sections will be holding elections very soon, so get your hat in the ring if you’re interested. To get information on the responsibilities of Section Chair, you may contact the current section chair, or Sherry, at the Bar Office. Remember to scroll through the emails about Section News to see what the different sections are doing. They may have something that interests you. g Sherry Jones Associate Executive Director
MARCH/APRIL 2019
▪ TCBA BULLETIN 35
It's All Happening Around the Bar
Bar Foundation Annual Meeting
Justice Meier Retirement
Justice Bassel Investiture
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â–Ş MARCH/APRIL 2019
It's All Happening Around the Bar
50 Year Lawyer Luncheon
Women in the Law
MARCH/APRIL 2019
â–ª TCBA BULLETIN 37
Bar Bulletin â–Ş March/April 2019 Tarrant County Bar Association TCBA members may take advantage of discounts 1315 Calhoun Street provided by the following vendors: Fort Worth, TX 76102-6504 ABA Retirement Funds Program provides full-service ADDRESS SERVICE REQUESTED
Member Benefits Vendor List
PRESORTED STANDARD U. S. POSTAGE PAID FORT WORTH, TX
PERMIT 1807
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.
AMO Office Supply offers TCBA members the lowest price guaranteed on office supplies, with next-day delivery and free shipping! Call 800.420.6421. Falcon Litigation Solutions offers discounts on copying, litigation displays, trial boards, etc. Call 817.870.0330. Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed material - business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817.577.0572. Fort Worth Zoo discount tickets - $11.00 adult, $8 for child or senior. For tickets, contact anne@tarrantbar.org or 817.338.4092. If mailing or charging tickets, add 50 cents.
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.
CONNECTED
Texas Rangers Baseball discount tickets are available by going to www.texasrangers.com/tickets, selecting a game and entering the coupon code. Contact Sherry Jones for the coupon code by email at sherry@tarrantbar.org. UPS - TCBA has signed an agreement with UPS for TCBA members to receive discounts on shipping. The discounts vary according to the type of shipment, so check out UPS for your needs at www.ups.com or 1.800.PICK.UPS. For IT Help: Juris Fabrilis - Cool Tools for Lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101. For Shredding and Document Disposal: Magic Shred is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Call the TCBA office for details. Expanco is N.A.I.D. AAA-Certified documentdestruction service offering 40% off to TCBA members. Mention your TCBA membership when scheduling an appointment to receive this discount on your invoice. Thomson Reuters Exclusive TCBA offer of 10% off Firm Central subscriptions to Bar members* Please contact Amanda Olson, your local Account Executive, for more information at: Amanda.Olson@tr.com. g
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