Bulletin March/April 2020
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, 2015-2019) - Thomson Reuters
Now One of Only 9 Texas Lawyers Board Certified in Truck Accident Law by the National Board of Trial Advocacy.
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O ffi ces
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S t e v e n C . L a i r d, P. C . 817.531.3000
1119 PENNSYLVANIA AVENUE, FORT WORTH, TX 76104
www.texlawyers.com
President’s Page
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The Greatest Bench and Bar on Earth
t’s hard to b eli e ve spring is nearly here, which means some of my favorite activities of the year are right around the corner. One of those events is the Bench Bar Conference in April, which I’ll share more about later. The title for the conference this year is “The Greatest Bench Bar on Earth.” When I by JOHN CAYCE saw that title for the first time I couldn’t help but think how well it describes the way I feel about the Tarrant County bench and bar. We have the greatest judges, justices, lawyers, and legal service professionals “on earth,” and I am deeply grateful for the opportunity I have had to know, serve, and work with so many of you during my career. The greatness of our bar was highlighted during the annual 50 Year Attorneys luncheon held in early February. Thirteen great attorneys were honored. Program chair Rick Sorenson opened the luncheon with this thoughtful insight: “[N]o one practices law for five decades without loving it, and nobody has practiced law for five decades without being challenged by it and enjoying the challenge. It’s a life of chosen service, often misunderstood.” After the honorees were introduced, Judge Terry Means delivered the keynote speech focused on being a mentor to the younger lawyers, and asked each honoree what advice they would give to a lawyer who has only practiced 5 months. The answers ranged from taking care of your health, to keeping up with the law through CLE, to avoiding taking on cases outside your expertise. Excerpts of Judge Means’s inspirational remarks are published in this Bulletin on page 20. Our bench and bar’s greatness was also reflected in the annual Women in the Law luncheon that was held at the end of February. This year’s theme was leadership and the speakers included former State Bar of Texas President, Lisa Tatum. Prior to the luncheon, there were enlightening roundtable discussions moderated by judges, lawyers, and community leaders on several key topics including judicial and in-house careers, wellness, community involvement and leadership. Whitney Beckworth and the Women in the Law Committee did a fantastic job putting this program together! The greatness of our judiciary has and will always depend on the quality of the candidates who seek to serve in judicial office. For nearly 30 years, the Tarrant County Bar Association has tried to do its part in promoting a strong local judiciary by giving its members the opportunity to vote for the candidates of their choice through a judicial preference poll. Thanks to the 631 lawyers who took the time to participate in that poll in February. Your collective
recommendations to the community about the candidates will hopefully serve to keep our Tarrant County benches great. That judicial greatness was on display last month when a committee of local district judges refused to allow the threats of a prominent political advocacy group influence them in making a difficult administrative decision affecting CPS cases. I fully endorse the statement from our Law & Civics Committee addressing this on page 7. As Chief Justice John Roberts recently stated, an “independent judiciary is something we should all be thankful for.” At the top of this page I mentioned that the Bench Bar Conference is one of my favorite events of the year. This is the conference’s 27th year. The inaugural conference was held in 1994 at a resort in Conroe under the guidance of our first conference committee chaired by Steve Laird. From there, we went to Tapatio Springs for the several years. Many of us have fun memories of those early conferences and formed lasting friendships. Do you recognize any of these folks?
Some of you may be thinking those were the “good ol’ days,” but this year’s Bench Bar will be better than ever! Steve Laird is back as chair of the organizing committee, and he and the committee have put together a spectacular program. By popular demand, this is also the third year in a row the event will be held at the beautiful Horseshoe Bay Resort https://www.hsbresort.com. The resort offers amenities for every member of your family (children are welcome!), and special activities for spouses and significant others are being planned this year. “Spring is nature's way of saying ‘Let's party!’” There is no better place to do that with your friends, colleagues, and family than the Bench Bar. To register and find out more about the program, please go to https://tarrantbar.org/ benchbar2020. Finally, on Thursday, March 5, at 5 p.m. we will celebrate Tarrant County’s court staff and the court staff award recipients at the Court Staff Reception at the City Club in Fort Worth. We are blessed to have the greatest court staff in the universe! Please come to the reception to show your appreciation for their service. Information about other important upcoming events are provided on page 5. I encourage you to join the party and sign up for one or more of our great March/April events! g
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Contents Features
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7 A Special Message From the Law & Civics Committee 10 The Greatest Bench Bar on Earth 12 Live to Give Annual Blood Drive 20 50-Year Lawyer Remarks by Judge Terry R. Means Departments 1 President’s Page 3 Tarrant County Volunteer Attorney Services 4 YLA Snapshot 5 Calendar of Events 6 100 Club 14 Lawyer Referral & Information Service News 14 A Word From Our Sections 15 Other Associations’ News & Information 16 Judicial Profile - Judge Jeffrey N. Kaitcer 18 Lawyers on the Move & in the News 19 Membership Report 23 Wellness Connections Committee 24 Texas Lawyers for Texas Veterans 25 LegalLine 28 Snippets 32 CLE Corner 34 Benefits of Membership 35 In Memoriam 36 It’s All Happening Around the Bar Advertisers' Index
Autumn Ridge Counseling and Wellness......................33 BPW Law....................................................................26 Deborah Adame.........................................................33 Dispute Resolution Services.........................................17 Edward Jones.............................................................25 Juris Fabrilis...............................................................35 Law Offices of Steven C. Laird, P.C.......Inside Front Cover LawPay..................................................................19 Parker Law Firm.........................................................22 Pyke & Associates, P.C.................................................32 Stephens Law.............................................................13 Texas Lawyers’ Insurance Exchange...............................4 The Law Office of Cynthia Kent Maragoudakis, PLLC..15 Tindall Square Office Complex....................................32 2 www.tarrantbar.org
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Tarrant County Bar Association 817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org
2019–2020 Officers President................................................John Cayce President-Elect...................................Gary Medlin Vice President...............................Kimberly Naylor Secretary-Treasurer..................Karen Denney Directors Term Ends 2020
Director.........................................Cody Cofer Director.................................Veronica C. Law Director..............................................Lu Pham
Term Ends 2021
Director..............................Sherry Armstrong Director.............................Katherine Hopkins Director......................................Scott Lindsey
2019–2020 Appointed Directors Appointed Director..........................Sue Allen Appointed Director......................Steve Hayes Tarrant County Young Lawyers Association Fall 2019 President....................Martin Garcia Fall 2020 President..................Andrea Palmer
Immediate Past President..................Lance Evans Executive Director..........................Megan Cooley Ex-Officio Members State Bar of Texas Director.......................................Steve Naylor Director................................Jason C.N. Smith Bar Bulletin Editor..............................................John F. Murphy Graphics/Production..................Elizabeth Banda The Tarrant County Bar Bulletin is a bi-monthly publication of the Tarrant County Bar Association. Articles, photos, suggestions or comments should be directed to: elizabeth@tarrantbar.org 1315 Calhoun Street ▪ Fort Worth, TX 76102-6504 Deadline for submission: December 1........................................January/February February 1...................................................March/April April 1...............................................................May/June June 1.............................................................July/August August 1..........................................September/October October 1.....................................November/December Articles published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant County Bar Association, its officers or the Board of Directors. Advertisements and feature articles should not be considered an endorsement of any service, product, program, seminar or event.
Tarrant County Volunteer Attorney Services
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VAS has collaborated with Legal Aid of NorthWest Texas (LANWT) on two projects thus far in 2020. Attorneys and paralegals at the driver’s license clinic will assist those who have a suspended license and are eligible for a court fee waiver or community service based on their indigency. Free CLE and lunch provided on March 4 from 11:30 a.m. – 1:00 p.m. at the TCBA for those willing to assist a low-income resident of Tarrant County through the clinic. In February, TVAS partnered with LANWT and MHMR for the Guardianship Clinic. Thank you to Dana Zachry for the pre-clinic CLE.
When asked why the collaboration between LANWT, MHMR, and TVAS is so important to individuals and families in this community, LANWT Staff Attorney Julie Sladek, one of the primary organizers of the clinic, stated: “Intellectual Disabilities and/or Developmental Disabilities impact many families in the Tarrant County area. Disabled children rely completely on their parents to speak for them and obtain needed services. When the child turns 18, the parents are told that they can no longer receive many of the services they previously received, unless the parents get guardianship. This often becomes an endless cycle of frustration for the parents and creates gaps in health care for the disabled individual.
Pro Bono legal representation is one of the only avenues for low income families to apply for guardianship or be heard in the Probate Court. There are simply more families in need of representation than there are available resources. The combined resources of TVAS, MHMR, Pro Bono attorneys and LANWT provides a framework and hope that more families can be helped through these difficult challenges every year. Each time that I assist one of the families, it immediately fills me with gratitude and reminds me of how truly blessed that I am. I can’t think of a more personally rewarding opportunity than to help families find a way to provide the care and protection that their child needs now and for many years in the future.”
If you’d like to volunteer for our next guardianship clinic or at our Driver’s License Clinic, contact kayla@tarrantbar.org. g Kayla Dailey Pro Bono Programs Director
Thank You
to our February 2020 Guardianship volunteer attorneys and mentors: Brittany Brantley, Leach Fox Law
Do you have a couple of hours to provide a free will and end-of-life-planning documents to a veteran and their spouse? Sign up for the May 26, 2020 HEROES Wills Clinic! Mentors are provided for those with limited experience. Email kayla@tarrantbar.org for more information.
Roy Golsan Andie Casanova, Law Office of Andrea Casanova Taylor McPherson, The Law Office of L. Taylor McPherson Cary Schroeder, Schroeder Law Firm Melissa Sircar, Sircar Law Firm MARCH/APRIL 2020
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YLA Snapshot Martin Garcia, President TCYLA
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he TCYLA is proud to partner with the Texas Young Lawyers Association—a relationship that has strengthened immensely the past decade as many outgoing TCYLA officers eventually help run the state’s Young Lawyers Association. One of the many benefits of having a relationship with TYLA is the endless amount of resources it offers to its attorneys. You name the topic or issue, and I’ll bet you there’s a means to better familiarize and educate yourself with said topic through TYLA. I bring this up because I recently found myself perusing TYLA’s laundry list of supplies available, and I stumbled upon its Social Media 101 Pocket Guide – something that I invite all lawyers to visit if you currently practice, and you’re on social media. Here are some helpful bullets (out of many) to glean out of the Pocket Guide: • The Texas Disciplinary Rules of Professional Conduct (“TDRPC”) and accompanying comments address how lawyers can advertise, but importantly, the TDRPC only applies to commercial speech. Thus, if an attorney’s statements are not designed to market the lawyer’s services, then the TDRPC’s advertising restrictions do not apply. • What’s included in the definition of social media? The term “social media” includes many different services, such as LinkedIn, Facebook, Twitter, Instagram, and various blogging services. The Advertising Review Committee (“ARC”) has used the term “electronic communication” since 2005 to broadly encompass all of these areas of social media. • Here’s more about blogs since many of us seem to be doing it: many lawyers write legal blogs to educate the public about a particular area of law. These serve the dual purpose of providing legal resources to the community and increasing the attorney’s recognition. Blogs or social media status updates that are educational, informational, editorial, or political in nature are not considered commercial speech and need not be filed with the ARC. I invite you to visit the Pocket Guide & the many other resources TYLA has to offer. But now, let’s return back to Tarrant County. This is my favorite time of year—spring is upon us, Opening Day is coming, Colonial, you name it. Another one of the reasons it’s my favorite season is because the Spring Fiesta is back. Mark your calendars for April 9 at Joe T Garcia’s. You’ll see a lot of familiar things: the judiciary, Brad Thompson’s
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killer tunes, flowing margaritas, and a raffle. However, board member Paul Elkins has some new things in store this year that should undoubtedly make this another Fiesta to remember. We look forward to seeing you there, raising funds, and celebrating another great year for the TCBA and the TCYLA. *Thanks to John Shaw and the Texas Young Lawyers Association for the Social Media content shown here.* g
We're Social | Follow Us http://www.tcyla.org/ Tarrant County Young Lawyers Association
@TCYLA
Calendar of Events
March 2020
4 LANWT-TVAS Driver’s License CLE and Lunch 11:30 am - 1:00 pm, TCBA Office 5 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 12 LegalLine 6:00 pm - 8:00 pm, TCBA Office Volunteers needed. Light dinner served at 5 pm. 17 Real Estate Law Section Luncheon 12 pm, City Club Topic: Intersections of Real Property and Immigration Law in Texas Speaker: Shae D. Armstrong Partner, Stinson LLP .75 hour CLE requested 19 Intellectual Property Law Section Luncheon 12 pm, City Club 20 TLTV Clinic 2:00 pm - 5:00 pm, TCBA Office 24 LANWT-TVAS Driver’s License Clinic 5:00 pm - 7:00 pm, TCBA Office Sponsored by Varghese Summersett PLLC 24 Tax & Estate Planning Section Luncheon 11:30 am, City Club Topic: Powers of Attorney: Not a Walk in the Park 1.5 hour CLE requested 26 Fort Worth Business & Estate Section Luncheon 11:30 am, City Club Topic: Recent Developments in Estate Planning Speaker: Professor Stanley Johanson, The University of Texas at Austin School of Law 1 hour CLE requested 26 MUTTS Puppy Hour 5:30 pm - 7:30 pm, MUTTS Canine Cantina© Sponsored by McDonald Sanders, P.C. 26 LegalLine 6:00 pm - 8:00 pm, TCBA Office Volunteers needed. Light dinner served at 5 pm. 27 Brown Bag Seminar – Real Estate, Construction, Planning and Zoning 12:00 pm - 3:45 pm, TCBA Office 3 hours CLE requested
April 2020
3 TCBA’s Diversity Committee and the L. Clifford Davis Legal Association Diversity & Inclusion Summit 1:00 pm - 5:00 pm, TCBA Office Reception Held Immediately Afterwards 9 Energy Law Section Luncheon 12 pm, Petroleum Club 9 LegalLine 6:00 pm - 8:00 pm, TCBA Office Volunteers needed. Light dinner served at 5 pm. 10 Good Friday Holiday Office Closed 16 Construction Law Section Luncheon 12 pm, TCBA Office 17 The Greatest Bench Bar on Earth April 17-19, Horseshoe Bay Resort 7.5 hours CLE requested, .75 hour of Ethics CLE requested 21 Tax & Estate Planning Section Luncheon 11:30 am, City Club Topic: Developing and Keeping Business for Estate Planning and Trust Professionals 1.5 hour CLE requested 21 Labor & Employment Law Section Luncheon 12 pm, City Club 22 Appellate Law Section Luncheon 12 pm, City Club Topic: Twenty Years of Representing Texas’ Interests Speaker: Kyle Hawkins, Office of the Solicitor General .75 hour CLE requested 23 LegalLine 6:00 pm - 8:00 pm, TCBA Office Volunteers needed. Light dinner served at 5 pm.
Save the Date LAW DAY
DINNER AND AWARDS May 5, 2020 Reception - 6:30 p.m. Dinner & Program - 7:00 p.m.
Fort Worth Club MARCH/APRIL 2020
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Members of the 2019–2020
100 Club
*List Reflected Below is as of February 26, 2020 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, Proctor & Howell, LLP Bruner & Bruner, P.C. 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. Forshey Prostok, LLP Freeman Mills, P.C. Friedman, Suder & Cooke, P.C. Frost Bank Gardner & Smith, PLLC Gaydos Duffer, P.C. 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 JP Morgan Chase Bank K&L Gates
Kelly Hart & Hallman LLP KoonsFuller, P.C. Law, Snakard & Gambill, P.C. Linebarger Goggan Blair & Sampson, LLP Lively and Associates, PLLC McDonald Sanders, P.C. Mellina & Larson, P.C. Moses, Palmer & Howell, LLP Murphy Mahon Keffler & Farrier, LLP Naman, Howell, Smith & Lee, PLLC Nelson Bumgardner Albritton, P.C. Noteboom Law Firm Padfield & Stout, LLP Pham Harrison, LLP Phelps Dunbar, LLP Pope, Hardwicke, Christie, Schell, Kelly & Taplett, LLP Second Court of Appeals Seltzer & Dally, PLLC Sharen Wilson, Criminal District Attorney’s Office Stephens, Anderson & Cummings, LLP Taylor Olson Adkins Sralla & Elam, LLP The Blum Firm The Colaneri Firm, P.C. Thompson & Knight, LLP Udeshi Law Firm, PLLC Underwood Law Firm, P.C. U.S. Trust, Bank of America Varghese Summersett, PLLC Watson, Caraway, Midkiff & Luningham, LLP Weaver and Tidwell, LLP Whitaker Chalk Swindle & Schwartz, PLLC Whitley Penn, LLP Wick Phillips Winstead, P.C.
100 Club
To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more members and attains 100% TCBA membership compliance for the 2019–2020 bar year qualifies for the “100 Club.” The firms/organizations listed (above) have already paid their membership dues and qualify for 100 Club mem-
bership for the new bar year. Any firm/organization that qualifies in the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law firms and other groups. The new bar year began on July 1; if you have not paid your renewal invoice, contact the TCBA at 817.338.4092. g
CROSSING THE LINE:
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A Special Message From the Law & Civics Committee
he TCBA Law & Civics Committee found itself at ground zero in a battle to preserve judicial independence this last month. This was triggered when it was publicly announced that a special meeting of local district judges would be held for the purpose of receiving the recommendation of the committee appointed to study the possible reallocation of Child Protective Services (“CPS”) cases between the Tarrant County District Courts which were currently hearing those cases. It is not the purpose of these comments to debate the pros and cons of that proposal. There is room to believe that well-meaning judges could, and apparently did, disagree on the ultimate recommendation. However, shortly after the announcement of the meeting, a publication by a political advocacy group posted a story under the headline, “Is Life-Saving Judge Alex Kim Being Targeted by an Establishment Judge?” The author, citing unnamed “sources in Tarrant County,” claimed that the matter was in retaliation for “Kim making CPS obey the law and also for saving the life of baby Tinslee Lewis.” A subsequent article suggested that Court Appointed Special Advocates (“CASA”) and Cook Children’s Medical Center were improperly influencing the district judges to make that move as retaliation against Judge Kim. In summary, the clear message that the articles were promoting was that the district judges were taking actions for corrupt and improper purposes. That was certainly the message that many of its readers accepted and widely broadcast in social media posts. Moreover, a local newspaper reported that the advocacy group’s CEO referred to the district judges as the “black robed cronies” of a prominent county official, and threatened to fund primary challengers who vote to reallocate the CPS cases. This is not to suggest that criticism of the judges’ decision was wrong. Disagreement, even harsh disagreement, is protected by the Constitution and is a major strength of our Democracy. A line is crossed, however, when criticism escalates to unfounded personal attacks against judges, political intimidation, and disparagement of the judicial process for the purpose of influencing a judicial decision to advance a political or social agenda. That line was crossed in this instance and that should be a concern to our Bar. It is not enough that lawyers and judges discuss the importance of maintaining an independent judiciary among themselves in social settings or in seminar programs. We must educate the public that judges are expected to decide matters, faithful to their oath,
without fear or favor and free from political or external pressure. We call this judicial independence. And judicial independence is not established for the benefit of the judge. It is intended for the benefit of the citizens who are entitled to fair and impartial courts. Comment 3 to Rule 8.2 of the ABA Model Rules of Professional Conduct provides “[To] maintain the fair and independent administration of justice, lawyers are encouraged to continue traditional efforts to defend judges and courts unjustly criticized.” Our own Texas Lawyers Creed provides that “Lawyers and judges owe each other . . . protection against unjust and improper criticism and attacks. Lawyers and judges are equally responsible to protect the dignity and independence of the Courts and the profession.” To that end, the TCBA will soon be including on its website links to many resources to assist attorneys in carrying out those responsibilities. These include resources that provide suggested topics and talking points, presentations, and many other items on the importance of civics education and the independence of the judiciary. These will be available to members, as well as the public. You will read and hear more about these resources in the weeks and months to come. Respectfully, The Law & Civics Committee
Hon. R.H. Wallace (Chair) Senior District Judge 96th District Court
Hon. George Gallagher District Judge 396th District Court
Hon. Jesse Nevarez, Jr. District Judge 231st District Court
Roland Johnson Fmr. President, State Bar of Texas Fmr. President, Tarrant County Bar Assoc. Harris Finley & Bogle, P.C.
Brian Newby Maj. Gen. (Ret.), USAF Managing Partner, Cantey Hanger LLP
Stephen C. Maxwell Fmr. President, Tarrant County Bar Assoc. Bailey & Gaylen
W. Bradley Parker Fmr. President, Tarrant County Bar Assoc. Parker Law Firm
Heather King Fmr. President, Tarrant County Bar Assoc. KoonsFuller, P.C.
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Membership Luncheon
Celebrating 50 Year Attorneys
Neal W. Adams
John W. Crumley
John Park Davis Eugene de Bullet, Jr.
Tim Evans
Robert J. “Jenks” S.G. Johndroe, III Garrett
Darrell L. Keith Robert A. Parmelee
William K. Rosenberry
Thank You
A special thanks to Chair Rick Sorenson for leading the program
J. David Tracy
Neil L. Van Zandt William M. Warren
honoring these attorneys.
Remarks by Judge Terry R. Means
can be found on page 20.
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Updated TCBA Website & New Membership Features Premiere this Spring
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n the upcoming weeks, the Tarrant County Bar Association’s website (www.tarrantbar.org) will have a new look and launch new features as part of a larger transition to a new member management and database system. TCBA has invested in this upgrade as part of its commitment to enhancing service to its members. The new technology is intended to make life easier on TCBA members; it will provide more convenient ways to take advantage of your TCBA membership, as well as unique ways to interact with the Tarrant County legal profession. The website will include these new features for TCBA members: • MyPage, a dashboard tailored to specific membership information – each member’s MyPage will include bar announcements, registered events, and payment information and links. • An updated and searchable Membership Directory that recognizes a member’s involvement in bar activities (e.g. sections and committees) and allows each member to list their practice areas.
• Access to e-communities for the exchange of information and updates among members. Each section and committee, for example, will have their own e-community that will allow the group to communicate and share information. • Easy recovery of username and password and the ability to update your member profile on your own. • Quick and easy registration for upcoming CLEs and other bar programs and events. We look forward to keeping you updated on the launch of the website. In the meantime, please make sure that your membership is current so you can take advantage of all the new benefits and services. Contact Lauren St. Clair, TCBA’s new Membership Director, at laurensc@tarrantbar.org if you need to renew your dues or confirm the status of your membership. If you have questions or concerns, please call the TCBA office at 817.338.4092 or email tcba@tarrantbar.org. g
TCBA’s Diversity Committee and the L. Clifford Davis Legal Association
DIVERSITY & INCLUSION SUMMIT Friday, April 3, 2020 | TCBA Office 1:00 p.m. - 5:00 p.m. 1315 Calhoun Street, Fort Worth, TX 76102 Free to TCBA and Affiliated Bar Members
Event Sponsors
TOPICS INCLUDE: Retaining Diverse Talent Presented by: BridgeField Group
Implicit Bias
Speakers: Jarvis Parson, Brazos County District Attorney Brian Baker, Brazos County First Assistant District Attorney
In-House Panel
SPONSORSHIPS AVAILABLE
Including Lisa Abram, Senior Counsel, JC Penney
Reception Held immediately afterwards at Acre Distillery RSVP to Sandi Plumlee at sandi@tarrantbar.org.
Contact Megan Cooley at megan@tarrantbar.org to sponsor or sign up for the Diversity Committee.
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The Greatest Bench Bar on Earth 2020 Conference Details
Friday April 17, 2020
April 17-19, 2020
Horseshoe Bay Resort
9:00 a.m.
Conference Check-In Opens
9:50 a.m. – 10:00 a.m.
Welcome and Announcements Steve Laird (2019–2020 Bench Bar Committee Chair) and John Cayce (2019-2020 Tarrant County Bar Association President)
10:00 a.m. – 11:30 a.m.
Voir Dire In Action & Legal Update
11:30 a.m.
Lunch – Welcome and Introduction of First Timers & Guests
12:30 p.m.
Tarrant County Judicial Panels
1:30 p.m.
An Ethics Presentation Like No Other Lewis Sifford (Sifford, Anderson & Co., P.C.)
2:15 p.m.
Texas Court of Criminal Appeals Panel
3:15 p.m.
Reception hosting Texas Court of Criminal Appeals
AFTERNOON ACTIVITIES INCLUDE: Whitewater Golf Young Lawyers & First Timers Mixer with Judiciary Lawyer Olympics
7:00 p.m.
Dinner
8:00 p.m.
Casino Night (sponsored by the Law Offices of Steven C. Laird, P.C.)
Saturday April 18, 2020 8:00 a.m.
Breakfast
8:45 a.m.
The Kidnapping of Howard Hughes Rick Harrison (Waller Lansden Dortch & Davis, LLP)
9:45 a.m.
Return to YFZ Ranch - FLDS Cases Eric J.R. Nichols (Butler Snow LLP)
10:45 a.m.
Break
11:00 a.m.
Supreme Court of Texas Panel
12:00 p.m.
Luncheon hosting Supreme Court of Texas Justices AFTERNOON ACTIVITIES INCLUDE: Judge’s Cup Golf Wine Tasting
7:00 p.m.
Dinner, Awards, and Trivia
Thank You to Our Sponsors BENCH BAR LEGEND Kelly Hart & Hallman LLP Law Offices of Steven C. Laird, P.C. Whitaker Chalk Swindle & Schwartz PLLC
BENCH BAR CHAMPION Anderson Cummings, LLP Cantey Hanger LLP McDonald Sanders, P.C. The Medlin Law Firm, PLLC
BENCH BAR FRIEND Blaies & Hightower, LLP Friedman, Suder & Cooke, P.C. Varghese Summersett PLLC
Spend time with the Texas Court of Criminal Appeals during a panel discussion and reception. Network with the Tarrant County Judiciary and other members of the legal community.
BENCH BAR SUPPORTER Brackett & Ellis, P.C. Harris, Finley & Bogle, P.C. Haynes and Boone, LLP Schneider Law Firm, P.C. State Bar of Texas
Visit with Justices from the Supreme Court of Texas during a panel discussion and lunch.
Enjoy a stay at the beautiful Horseshoe Bay Resort with your significant other (or attend solo!). www.horseshoebay.com Enjoy a variety of conference activities, including golf, Lawyer Olympics, wine tasting, Casino Night, and more!
FIRST-TIMER? TCBA HAS A Scholarship for You. A first time Bench Bar attendee is eligible for a partial scholarship to the Bench Bar Conference. Contact the TCBA for more information.
The Janna Clarke Bench Bar Scholarship Fund The mission of the Janna Clarke Bench Bar Scholarship Fund is to honor Janna Clarke’s legacy of involvement in and support of the Tarrant County legal community. The Janna Clarke Bench Bar Scholarship Fund is intended to provide female attorneys in Tarrant County with an opportunity to engage in bar activities and further their own professional pursuits by attending the Bar Association’s annual Bench Bar Conference. “Many years ago this Big-Wig Lady lawyer approached me and said I should go to Bench Bar (I didn’t know what that was!) because women attorneys needed the contacts and camaraderie to really succeed as a lawyer. It was true! The friendships I have made over the years at our Bench Bar have inspired me, pushed me and helped me succeed. I am gratified that we have the Janna Clarke Bench Bar Scholarship so that other women attorneys can secure that same advantage. Besides, it is such a fun event!!!” Barbara Nunneley, Bench Bar Convert!
Even Lawyers Are Someone’s TYPE… Be A Life-Saving Blood Donor!
Thursday, May 21, 2020 8 a.m. – 3:30 p.m. | Tom Vandergriff Civil Courts Building
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n May 21, 2020, 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 3:30 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 up to 225 lives! The Blood Drive Committee has been working diligently to make our 2020 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: • Sundance Square Complete Date Night for 2 compliments of Kelly Hart & Hallman LLP • 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 • $15 Starbucks Gift Card compliments of Jessica Sangsvang • $15 Panera Bread Gift Card compliments of Jessica Sangsvang • $10 Sonic Gift Card compliments of Jessica Sangsvang • Dinner for 4 at Prince Lebanese Grill compliments of Dauphinot Law Firm • Wine Basket compliments of Lori Spearman • Rodan + Fields Skincare Basket compliments of Lisa Arneson • A pair of bottles (bourbon and vodka) from Blackland Distillery And the list is still growing!!!!
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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 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; Harris, Finley & Bogle, PC; Lacy Malone Steppick Ryder & Meneffee, PLLC; Tarrant County Jury Services; and the Tarrant County Family Law Bar Association. Will they retain their trophy in 2020?
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://tinyurl.com/tc-donor. The Blood Drive Committee is excited and sincerely hopes that each of you can participate this year. Mark your calendars now (May 21) for this fun event and for an opportunity to provide blood for those who are in need of this invaluable lifeline. g
NEW YEAR | NEW FIRM
It’s 2020 and we’re making a change. Jason Stephens proudly announces the formation of Stephens Law as the new year and new decade begin.
Stephens Law is founded on more than two decades of success. Our
team is dedicated to the pursuit of excellence in everything we do, while providing trustworthy, compassionate representation to our clients. • PERSONAL INJURY • WRONGFUL DEATH • TRIAL LAWYER If you or someone you know need a serious personal injury or wrongful death lawyer, call Stephens Law to discuss how we can help.
Jason Stephens Trial Lawyer OFFICE: 817.420.7000 | FAX: 817.420.7777 Jason@StephensLaw.com 1300 S University Dr, Suite 406 | Fort Worth, TX 76107 StephensLaw.com Licensed in Texas, Oklahoma & Colorado
MARCH/APRIL 2020
▪ TCBA BULLETIN 13
The Tarrant County Bar Foundation Supports the Eldon B. Mahon Inn of Court High School Mock Trial Competition
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n January 2020, the Eldon B. Mahon Inn of Court held its sixth Region 11 high school mock trial competition as part of the 41st Annual 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, P.C.) and Katie Owens (Tarrant County Criminal District Attorney’s Office). 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 11, 2020, at the Family Courts Building. Four teams advanced to the semi-final round held on Friday, January 17, at the Family Courts Building. Later that evening, teams from Covenant Classical School and L.D. Bell High School participated in the final round presided by Judge Brent Carr. Covenant Classical School won the competition, and will proceed to
the state round held in March 2020. L.D. Bell High School 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 Birdville, Colleyville, Crowley, Denton, Fort Worth, Hurst-Euless-Bedford, Lewisville, and Mansfield ISDs. The Eldon B. Mahon Inn of Court extends its appreciation to the many 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
Lawyer Referral & Information Service
. . . And now a Word From Our Sections
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News
he Lawyer Referral Service ended the month of January with $121,776.15. Specials thanks to our members who have paid referral fees:
Jason Amon John Barber William Brotherton Bill Catterton Bradley Clark Breanne Clark Anthony Cuesta Lori Dally
Earl Hargrave Carter Hampton Brandon Herrmann Roger Hurlburt James Miller Zena McNulty Josh Norrell Will Pruitt
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David Robinson Karen Schroeder Andrew Seibert Sarah Seltzer Carey Thompson Laurie Weir Joel Whitney
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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 2020–2021 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
Other Associations’ News & Information Arlington Bar Association
Meets on the 3rd Wednesday of each month. President, Jonathan Heeps. For location & information, email arlingtonbarassociation@ yahoo.com or call 682.738.6415.
Arlington Young Lawyers Association
For meetings and information, contact President Jane Fowler at 817.560.1878 or jane@janefowlerlaw.com.
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 Angel Williams at 817.884.1830.
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 Cynthia Williams at 817.318.0523 or cynthia@cynthiawilliamslaw.com.
Tarrant County Criminal Defense Lawyers Association (TCCDLA)
Meets every 2nd Thursday at Joe T. Garcia’s, 2201 N. Commerce. For more information, contact President Rose Anna Salinas at 817.624.9733 or roseannasalinas@aol.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.
News from the
Tarrant County Bar Foundation
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he Tarrant County Bar Foundation received a grant for 2020 from the Fort Worth Foundation to establish a Legal Resource Center at True Worth Place. Want to learn more about ways you can assist the homeless population by getting them connecting with existing legal resources? Email kayla@tarrantbar.org
Tarrant County Probate Bar Association
Meets on the 1st Thursday of each month at the Petroleum Clubmembers free, guests $30. For more information, contact Jeffrey N. Myers at 817.877.1088 or jmyers@bwwlaw.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 2019–2020 TCYLA year began September 1, 2019. If you need an application or meeting information, call 817.338.4092, email kimmie@tarrantbar.org, or go to the website at tcyla.org.
Texas Association of Defense Counsel
This civil defense organization offers local lunches and happy hours, as well as CLEs geared toward the defense practice. Contact Brittani Rollen of McDonald Sanders at 817-336-8651 or visit www.tadc.org.
Save the Date
for the General Advice Clinics:
April 28, 2020 July 28, 2020 October 27, 2020
MARCH/APRIL 2020
▪ TCBA BULLETIN 15
Judicial Profile
By Perry Cockerell
Judge Jeffrey N. Kaitcer
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hen Jeff Kaitcer was appointed Associate Judge of the 322nd District Court in Tarrant County, he came to the court with over forty years of family and civil trial experience, three board certifications, and years of professional contributions to the local and state family-law associations. He must be one of the most experienced jurists in the county’s judicial system. Judge Kaitcer was appointed by District Judge James Munford in January 2019 following Judge Munford’s election in November 2018. Judge Munford followed District Judge Nancy Berger, who retired. Together Judge Munford and Judge Kaitcer run an efficient and friendly court system designed to assist clients and attorneys. “We try to make it user friendly,” he says. “We are here to help with difficulties and to assist with managing client expectations.”
Growing Up
Judge Kaitcer’s parents were first-generation immigrants from Ireland and England who arrived in the United States in the 1950s. His parents were Leslie and Mona Kaitcer. His father served as a staff sergeant in the British Royal Engineers in Burma and Indochina during World War II. When he returned home to Leeds, England in 1950, he could not find enough work, so the family came to America, arriving first in Shreveport, Louisiana. Then they moved to Borger, Texas, where his father found work in the retail business. Together his parents raised three sons—Jeff, Mike, and Steve—in the Texas Panhandle city of about 15,000 residents. The judge graduated from Borger High School, “the city’s finest high school,” in 1972. From there he ventured to the University of Dallas where he graduated summa cum laude in 1976 with a degree in history. In 1979 he graduated from the University of Texas School of Law. Judge Kaitcer began his law practice in October 1979 in Fort Worth with the firm of Loe, Rosenfeld & Catterton. In 1983 he made partner and the firm changed its name to Loe, Warren Rosenfield, Catterton & Kaitcer. He was mentored by Randy Catterton and Mark Rosenfeld. “I am a hybrid version of Randy Catterton and Mark Rosenfeld.”
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In 1993 he achieved board certification in Civil Trial Law and Family Law, taking the Civil Trial Law and Family Law exams on the same weekend, and later achieved board certification in Personal Injury Trial Law in 1995. His years practicing law in Fort Worth led to significant involvement and contributions to the Tarrant County Family Law Bar Association, where he served as president in 2011 and as treasurer and director before that. He served on the Tarrant County Bar Services Committee, Fee Arbitration Committee, and the Unauthorized Practice of Law Subcommittee, and he was active in the Texas State Bar as a Member of the Family Law Section and the College of State Bar of Texas. He also served on the planning committee and as course director for the annual family-law seminar by the Tarrant County Family Law Bar Association. He is a member of the Texas Academy of Family Specialists and is the author of numerous family law publications and presentations. The Texas Monthly Magazine named him Super Lawyer from 2003 to 2018, and the Fort Worth Magazine named him one of the Top Attorneys in Tarrant County from 2005 to 2018. American Lawyer Media has rated him as an “AV attorney” in Martindale Hubbell. When he joined the court in 2019, he had completed forty years of practicing law with the same law firm, where he was known for his wit and humor. He was “born a very small child in Borger, Texas,” he says. He said that he tries to leave his humor outside of the courtroom but is not always successful.
Life in the 322nd District Court
Associate Judge Kaitcer hears numerous family law disputes that range from the initial temporary hearings to final trials in some cases with the consent of the parties. Final trials in his court can be obtained within two to five months after the request is made.
Mondays
A typical Monday involves protective orders, contempt hearings, pro se prove ups, and temporary hearings where the court decides temporary custody, child support, visitation, temporary spousal support, contempt, and final protective orders. The court can hear divorce prove-ups without a court reporter if the final decree states that it is “approved as to form and substance.” “We have a court reporter on Monday if you need a record that day.”
Tuesdays through Friday
To help clients and attorneys
Child Interviews and Custody Evaluations
Judge’s advice
The Judge continues to hear prove ups followed by any number of hearings. “There are between six to fifteen miscellaneous cases and usually one specially set in the afternoon. Special settings are generally given to cases that will last 1.5 hours or more. If a case will take more than 45 minutes per side, then it should be set in the afternoon.” The Judge hears about fifteen pro se cases a week. “Judge Munford and I do child interviews as requested pursuant the Family Code. If they are done, then they are held at 1:15 pm in the afternoon so that we simultaneously hear the preference expressed by the child. Most courts frown upon it if you call a child to testify in open court. Our court is somewhat more receptive to it than most, but just because you can, doesn’t mean that you should. I have seen a child called five times. Three of those times, probably the attorneys wished they had not done so at the end.” A custody evaluation is not to be done until there is a final trial setting. These are to be completed 30 days prior to trial so that they are not stale. Special Court Services provided by Tarrant County Family Courts Services can take two to four weeks; these are specifically tailored for the needs of each case. These Court Services have a different focus than do standard custody evaluations.”
“Parties in their pleadings are asking the court to do something. Both parties’ pleadings contain for prayers for relief. They are asking the court to get involved.” He sees his court as one that practices the law can be hard, but he makes his court empathetic and understanding the needs of the clients and the lawyers representing them. He is there to help the clients and attorneys work through the system as required by law. The Judge’s advice is to “read the local rules and bring the financial information sheets and income information and a summary of requested relief. In Personal Injury and Civil Trial work, there is usually only one ultimate question at the end which is “what sum of money, if now paid in cash ….” There are a lot of nuances in family law decisions, and those need to be addressed. Family law orders have lots of moving parts; there are custody, visitation, child support, property division, and temporary support issues. Depending on what you do on one issue, the others need to fall into place.” Judge Kaitcer is married to the former Veronica “Randee” Tedesco, who holds a master’s degree in criminal justice and is a retired CASA volunteer and Case Work Supervisor. Judge Kaitcer and Randee enjoy their four children, Rachel, Rebecca, Elizabeth, and Alison. g
MARCH/APRIL 2020
▪ TCBA BULLETIN 17
Welcome New Members of the TCBA: ATTORNEYS Jason Battenfield Sarah Blake Carder W. Brooks Cherl Byles Kassandra Byrd William Bryan Campbell Sara Compton Alexis Gebhardt Jamie Gilmore John D. Robinson Lauren Sorokolit Robert A. Sorokolit William ‘Billy’ Thomas Judge Christopher R. Wolfe
STUDENTS Abimbola O. Ajala Moses Akongnui Alexis Blankenship Dr. Justin W. Fairless Ryan Grant Ryan Madden Kevin Michael Strait Lillian Taiwo-Alawode
PARALEGALS Amia Heggins Susy Johnson
DON’T FORGET
The TCBA will be launching new features to the current website in the upcoming weeks. Contact Lauren St. Clair, TCBA’s new Membership Director, at laurensc@tarrantbar.org if you need to renew your dues or confirm the status of your membership.
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Lawyers on the Move & Carder W. Brooks joined Whitaker Chalk Swindle & Schwartz PLLC as a lawyer on December 1, 2019. Brooks practices in Intellectual Property with special interest in science technologies and startups. Brooks graduated from Texas Tech University School of Law in 2017 (Order of the Coif) and also received his Texas law license in 2017. He has a B.A. (2014) from Texas Tech University and a Master of Science in Biotechnology (2017) from Texas Tech Health Sciences Center. He is also admitted to practice before the U.S. Patent and Trademark Office (2016). Brooks was a cofounder and General Counsel to GAP Peptides LLC where he advised the company in all its intellectual property and other matters and also participated in the company’s peptide synthesis research before joining Whitaker Chalk.
in the News
Baker Monroe is pleased to announce the promotion of Justin Huston to partner. Justin’s practice focuses on real estate, banking and finance. He has been with the firm from inception, and has over 12 years’ experience providing valuable service to clients and, as a result, has built a sustainable, successful practice, while handling and growing existing relationships. Justin operates out of the firm office located at 1612 Summit Ave, Ste. 100 Fort Worth, and TX 76102 and can be reached at: jhuston@bamolaw.com or 817.632.6301. Katie Anderson has been elected a shareholder of Broude Smith Jennings & McGlinchey PC effective January 1, 2020.
Justin S. Light and R.L. Florance, IV are now partners in Pope, Hardwicke, Christie, Schell, Kelly & Taplett, L.L.P., 500 W. 7th St., Suite 600, Fort Worth, Texas 76102. Harris, Finley & Bogle, P.C. is pleased to announce that Robert S. DuBoise and Ronald B. Parent have joined the firm. Robert joined the firm in January 2020 after completing twenty years as a felony prosecutor in San Jacinto, Parker and Palo Pinto Counties. His practice in our Weatherford office consists of representing individual and business clients in criminal and civil trial litigation matters in both state and federal courts. Ron is a graduate of Texas A&M University School of Law (J.D., cum laude, 2019). Ron’s practice is primarily in the areas of banking and commercial real estate in our Fort Worth office. Stephanie Harrison has received the honor of being Board Certified in Construction Law by the Texas Board of Legal Certification. She joins three other of her partners at Harrison Steck who hold this Certification in Construction Law.
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Donald A. Ferrill, DVM, JD, joined Whitaker Chalk Swindle & Schwartz PLLC as a lawyer on August 28, 2019. Ferrill received his D.V.M. from Texas A&M University in 1985 and practiced as a veterinarian in Stephenville, Texas for four years. He received his J.D. cum laude from St. Mary’s University School of Law in 1992 and has practiced law since that time. He obtained his Texas law license in 1992 and has also maintained his Veterinary Medicine License since receiving it in 1985. Ferrill’s law practice includes civil, regulatory, professional negligence, and appellate litigation as well as general business planning and employment matters. He regularly represents Doctors of Veterinary Medicine before the Texas State Board of Veterinary Medical Examiners and similar
agencies in other states and in other litigation and business matters. Ferrill is a long-time member and director of the Texas Veterinary Medical Association and currently serves as Chairman of the TVMA’s Practice Council. He is also a member of the American Veterinary Medical Association, the American College of Equine Attorneys, the American Veterinary Medical Law Association, and the American Association of Bovine Practitioners. Ferrill also manages the Ferrill Family Cattle Company in Comanche, Texas, raising registered Red Angus seedstock in cooperation with the RA Brown Ranch and raising commercial Hereford cattle. g
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Lawyers on the Move & in the News
If you are a TCBA member and would like to place an announcement in the Bar Bulletin, we would like to hear from you. Please submit information by email to elizabeth@tarrantbar.org.
Membership Report
ello, TCBA Members! My name is Lauren St. Clair and I’m proud to be the newest member of the TCBA staff as Membership Director. I’m a Fort Worth native and enjoy both living and working in the Tarrant County area. Prior to coming onboard at TCBA, I worked as the Membership Manager for the Apartment Association of Tarrant County for almost 4 years. I’m passionate about ensuring that members are provided with any and all resources they may need and that they continue to see the value in their membership investment. My door is always open, and should you stop by my office, don’t be surprised to find pictures of my adorable
Basset Hound mix, Barney, and holiday decorations depending on the time of year. Strange as it may seem, Groundhog Day is a personal favorite. We at the TCBA are excited for you to experience our new website and member directory which will roll out very soon. Please be on the lookout for additional correspondence from us regarding the launch date of the new website and information on how to navigate your new user-friendly member portal. If you have any questions on how to get the most out of your TCBA membership investment, please feel free to reach out to me at laurensc@tarrantbar.org, and I’d be happy to help. g
MARCH/APRIL 2020
▪ TCBA BULLETIN 19
50-Year Lawyer Remarks
Judge Terry R. Means provided the following remarks at the TCBA Membership Luncheon honoring 50-Year Attorneys on February 11, 2020.
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y wife, JoAnn, and I finished law school at SMU in the spring of 1974 and began to study for the Hon. Terry R. Means, United States District Court, July bar exam. We apparently did Northern District of Texas not spend enough of our time studying because just before we took the exam we discovered that we were pregnant. We had planned to begin a practice in Dallas with three other classmates but panicked at the thought of beginning a law practice and a family in Dallas at the same time. JoAnn’s father, W.W. Harris, who was still practicing oil-and-gas law in Corsicana, learned of our plight and called to offer “space, books, know-how, and help with the baby.” He cautioned that almost all of his clients were in the cemetery, but he could teach us how to practice law and to build our own clientele. He was right about his own clients. He was, after all, at that time 85 years old, though he still went to his office every day along with his secretary and wife, JoAnn’s mother. He graduated from the University of Texas law school in 1916 and began practice that year. So at the time of our arrival in Corsicana, he had been practicing just shy of 60 years. I already had a good relationship with Mr. Harris, so it wasn’t long before our conversations turned to matters of life and living, which included the intersection of life and the law. One day he launched into a discussion of the practice of law as a profession versus the practice of law as a business. He detested the new practice, at least to him, of billing by the hour. He insisted that the law is and always should be practiced as a profession and not as a business. To him, the practice of law was a high calling, an opportunity to serve, a way to improve society, and a way to provide for one’s family. It was not, in his view, a means to riches. It required honor, integrity, dedication, fidelity, and perseverance. It meant advancing the cause of clients in an ethical way: determined to secure a good result for them but not to punish or intentionally harm the opposition. When Rick Sorensen asked me to speak to you as a keynote in honoring the service of 13 Tarrant County lawyers who have practiced law now for 50 years, I immediately thought of my father-in-law’s teachings on professionalism and of how the dedication to professionalism undoubtedly animated all of you we are honoring here today. I can say this because I doubt very much that it is possible for a person to practice law for 50 years as a business. For one thing, if it is merely a business, and if the financial rewards are all that a lawyer seeks, he most likely
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will achieve that financial success and retire early or turn to other businesses that will likely give him a better return on his time and effort. Also, law practiced as a business is sterile, unromantic, focused on money, and unappealing to the angels of our better nature. But practiced as a profession, law is fulfilling, entertaining, engaging, satisfying, and rewarding in many ways—yes, rewarding even in the ability to provide for the ones we love. Fifty years is an awfully long time to practice a business, but a professional can practice law his whole productive life and never falter, grow bored, or lose interest. All of you must have experienced this. All of you must be professionals. You have practiced law for over five decades. This is an extraordinary achievement. You have gotten up every workday morning—and many weekend mornings—and headed to the office, often with a thought or an idea that came to you as you went to bed or as you got up, and many times in the middle of a sleepy or even sleepless night. You have juggled your responsibilities as a husband and father, son, caregiver, community leader, church or synagogue leader, charitable-organization leader, and many other responsibilities against your duties at your law firm. You have given much more than you have taken. And now you stand here at fifty years ready, I hope, to receive the congratulations of the Tarrant County Bar Association and the entire community that you have served so well and so professionally for so long. We salute you for being professionals. We salute you for your service. We thank you for your altruism both in the community and in the way you have practiced your craft. We encourage you to continue to work and to practice your profession as long as your health and stamina will allow you to enjoy what you do. And I have a suggestion, as Rick Sorensen told me I should, as to where you might go from here: Become a mentor. Or, if you already are a mentor, become a better one. Psychologists are now telling us that men and women at our age have a need, an urging, to impart the knowledge that we have gained at such a high price to those who come after us. We know what we know. We are confident that our knowledge is valuable and would save many a heartache and perhaps even a few disasters in the lives of those who are wise enough to listen. Luckily for us, today is a new age in mentoring. Mentoring programs abound. Mentees, a new word coming into vogue to replace “proteges,” are unabashedly requesting the assistance of successful people in their fields and are signing up for mentoring programs right and left.
Given your demonstrated dedication to your work and to your community, you almost surely have some experience with mentoring, whether formally or informally, both in your practice and out. But I urge you to think about expanding your mentoring effort when you get back home or to your office after this luncheon adjourns. And I do so perhaps less to benefit those who would receive your counsel and advice than to benefit you and to give you an additional reason to continue your work as a professional. You are now in your seventies. The fact that you are still working reveals that you believe you still have relevance, that you have something to offer, and that you desire to stay young at heart and mind. Accordingly, I suggest that there is hardly anything that you can do to stay young at heart and mind better than being engaged with young people. This means more than spending time with your grandchildren or great grandchildren. Rejuvenating as that can be, there is great satisfaction and rejuvenation in guiding a young lawyer away from the rocky shoals that you once foundered upon and from leading him or her into work habits or work ethics that you know will be advantageous to them for the rest of their professional lives. You know what burnout is. You know what a siren song improper contact with a subordinate or a superior is. You have experienced despair, heartache, and perhaps even depression in your personal and professional lives. Your calm and confident voice may save a career, a marriage, or even a life. You are
needed far more that you probably think and far more than your potential mentees will realize—at least until the day comes that they themselves have the realization of how their lives have been different—in a good way—because of the intercession of a trusted mentor. Here in Tarrant County, besides the awesome opportunities for mentoring offered by the Mahon Inn of Court, there is the TCBA law students mentoring breakfast, the pro-bono programs that always need accomplished lawyers to advise less experienced ones, and then there is the Transition-to-Practice Committee that matches up newbie lawyers beginning in certain fields with mature lawyers accomplished in that field. Please contact Megan Cooley and her great staff for how to become a valued mentor to a young lawyer. My trusted mentor, my father-in-law, W.W. Harris, of Corsicana, Texas, practiced law until his death in 1981 at 90 years of age. Thus, he practiced 65 years. His teachings about professionalism have never left me. I suppose that is obvious to you since I have passed them on to you here. I urge you all to pass along your hard-learned lessons about your beloved profession to the eager minds of young lawyers wherever you encounter them. May God bless you and prosper you in your continued efforts to practice your profession professionally. And congratulations once again upon reaching this remarkable milestone. g
MARCH/APRIL 2020
▪ TCBA BULLETIN 21
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W e l l ne s s C on n e ct i o n s Co m m i t t e e
Should Law School Exchange the Socratic Method for the Hippocratic Oath? By John L. Barnes, Attorney & Mediator, Wellness Connections Committee Member
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aw students enter school with fairly normal rates of depression (about 8-9 percent). By graduation, however, the rate of depression more than quadruples (to about 40 percent). This is report from the Dave Nee Foundation, which works to curtail depression among lawyers. This increase can’t be solely blamed on the pressure of a professional degree. While 96 percent of law students experience extreme stress, only 70 percent of medical students and 43 percent of graduate students are extremely stressed. Unfortunately, throughout their careers, lawyers experience significantly elevated levels of depression, anxiety, and suicide. Why does this happen to law students and lawyers? Kate Mayer Mangan suggests it begins with 90 percent of most law school grades depending upon a single exam. A student, therefore, cannot overcome one bad grade; it is the only grade. As one of the editors on law.com’s Minds Over Matters project, Leigh Jones learned that the efforts some firms and schools are undertaking to tackle the mental health problems in the legal profession are commendable. But, Jones cautions, “until we stop perceiving each other as a threat, the profession will continue to suffer from anxiety, depression and substance abuse at rates higher than other similar occupations.” In Stemming the Tide of Law Student Depression, Todd and Elizabeth Peterson delve into a growing body of literature to explain why law students are excessively anxious, stressed, and depressed. The authors discovered 44% of law students have clinically elevated levels of distress. They further found levels of substance abuse among law students also tend to be significantly higher than the general population. This pattern continues past graduation, with 70% of lawyers developing alcohol problems at some point in their lifetime. Things don’t improve upon graduation. Yvette Hourigan, head of the Kentucky Lawyer Assistance Program notes "There are a lot of high-stress professions. Being a physician has stress. However, when the surgeon goes into the surgical suite to perform his surgery, they don’t send another physician in to try and kill the patient. You know, they’re all on the same team trying to do one job. In the legal profession, adversity is the nature of our game.”
Why, then, do people choose to become lawyers? Once they do, what should those already in practice do to help law students and neophyte lawyers maintain their mental, emotional, and physical health? Certainly this is a pertinent question for lawyers in Fort Worth, Dallas, Lubbock, Waco, Austin, San Antonio, and Houston, who are more likely have continuing contact with law students. The Tarrant County Bar Association now has the Wellness Connection as a committee to focus its members on developing habits and associations to avoid the multiple pitfalls of the practice of law. It welcomes all, so why not drop in for a meeting? Angela Robinson is the chair, and she can be reached at 817.731.0741. g Sources: Cho, Jeena. “Attorney suicide: What every lawyer needs to know” ABA Journal, 01 Jan. 2019. Web. www.abajournal.com/magazine/article/attorney_suicide_what_ every_lawyer_needs_to_know Foster, Tom. “The Top Three Factors for Attorney Suicide and What We Can Do to Help” Foster Web Marketing. Web. www.fosterwebmarketing.com/blog/top-three-factors-for-lawyer-suicide-and-what-we-can-do-to-help.cfm Mayer Mangan, Kate. “Law School Quadruples the Chances of Depression for Tens of Thousands: Some Changes That Might Help” HuffPost, 28 Aug. 2014. Web. www.huffpost.com/entry/law-school-quadruples-dep_b_5713337 Jones, Leigh. “I Was a Law School Jackass: How I’d Do It Differently Now” Law, 15 Oct. 2019. Web. https://www.law.com/2019/10/15/i-was-a-law-school-jackasshow-id-do-it-differently-now/?slreturn=20200110165608 Todd D. Peterson & Elizabeth W. Peterson, Stemming the Tide of Law Student Depression: What Law Schools Need To Learn from the Science of Positive Psychology, 9 Yale J. Health Pol'y L. & Ethics (2009). https://www.tlaphelps.org/ Call 1.800.343.8527 (TLAP) • • •
Wellness Stress & Anxiety Depression & Bipolar
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Suicide Prevention Substance Abuse Cognitive Decline
▪ TCBA BULLETIN 23
Texas Lawyers for Texas Veterans
Tarrant County Chapter
T
LTV had the first two clinics of 2020 at the VA Outpatient facility and Tarrant County College Northeast Campus. Thank you to every volunteer who attended the clinics.
TLTV also thanks the Fort Worth Stock Show and Rodeo for the TLTV booth at Military Appreciation Day on February 3, 2020 where hundreds of veterans received information about how to receive free legal advice through TLTV. The official 2019 TLTV statistics have been compiled, and it was a record-breaking year for the program! 387 veterans received a free consultation (a 17% increase from 2018). Beyond the clinics, 120 veterans received extended services, including representation in court or other legal services for closed and currently open cases (a 33% increase from 2018). The growth seen in 2019 is largely due to the dedication of our volunteers. There were 13 attorneys who accepted a case for the first time and 96 attorneys total who either volunteered at a clinic or accepted a case. Over 1000 hours were volunteered by attorneys, paralegals, law students, and community members in 2019. Thank you to every volunteer attorney who accepted a case for further representation in 2019:
Katherine Allen, Allen & Weaver, P.C. Robert Blankenship, Robert J. Blankenship Attorney at Law Bob Brown, Bob Brown Law, P.C. Ola Campbell, Law Office of Ola Campbell, PLLC Carole Cross, Law Office of Carole Cross John Corbin, The Law office of John J. Corbin Shawn Crawford, Livens & Reed, PLLC Lori Dally, Seltzer & Dally, PLLC Michele DeLotto, The DeLotto Firm, PLLC Clayton Everett, Norred Law Firm, PLLC Jonathan Fox, Fox Law Office Mark French, Law Office of Mark B. French Wendy Hart, Law Office of Wendy L. Hart Sam Johndroe, Johndroe Law, PLLC John Johnson, Johnson & Johnson Carla Kelman, Law Office Carla Kelman Bryce King, Phillips & King, PLLC Kate Kim, The Law Office of Katherine Kim, PLLC Steve Maglisceau, Newland Communities Andrew McAlester, Beal Law Firm Mike McBride, J Michael McBride P.C. George Muckleroy, Sheats & Muckleroy LLP Kim Naylor, Naylor & Naylor, PLLC Francis Nathan, Nathan Law Firm, PLLC Martin Rechnitzer, Lovelace Law, P.C. Lynn Rodriguez, Texas A&M University School of Law Melissa Sircar, Sircar Law Office James G. Snyder, Tarrant County Probate Court Allen Stidger, Allen L Stidger Law Firm, PLLC Stephen Tobin, The Tobin Firm, P.C. Melissa Wilks, Wilks Law Office, PLLC Sarah Wilson Lott, Vaquero Ventures, LLC Lindsey Vinson
Texas Lawyers for Texas Veterans Tarrant County Chapter TLTV needs sponsors for the March and April 2020 Clinics. Help TLTV continue the tradition of assisting veterans by sponsoring a clinic. Contact kayla@tarrantbar.org for more information. 24 www.tarrantbar.org
â–Ş MARCH/APRIL 2020
Meet the newest TCBF Pro Bono Intern:
Lindsey George Where do you go to law school?
What’s your favorite part of working with the pro bono programs so far?
How were you introduced to the TCBF pro bono programs?
What’s an interesting fact about you?
I am a 1L at Texas A&M University School of Law.
I attended the general advice clinic last year at the Morris Women’s shelter. I got to sit with the attorneys from Kelly Hart who were volunteering and listen as they gave advice. I was really impressed with their genuine desire to help others.
LegalLine
I enjoy seeing attorneys and legal professionals come together for the benefit of the community. I love seeing firsthand the people who are helped by their commitment and the difference it makes in their lives. This is my third career. I was a junior high French Teacher and then I ran a small elevator company before I enrolled in law school g
Thank You
for sponsoring March’s Legal Aid of NorthWest Texas - TVAS Driver’s License Clinic.
T
hank you to the following for volunteering their time with LegalLine on January 23, 2020: Norma Bazán, Nick Bettinger, Julie Camacho, Bryce King, Karon Rowden, and Carolina Ibarra. LegalLine is currently seeking attorney volunteers that handle Criminal Law and Probate. LegalLine is conducted on the 2nd and 4th Thursdays of each month from 6:00 p.m. to 8:00 p.m. To volunteer, please contact Carolina Ibarra at carolina@tarrantbar.org. g
MARCH/APRIL 2020
▪ TCBA BULLETIN 25
26 www.tarrantbar.org
â–ª MARCH/APRIL 2020
TARRANT COUNTY BAR ASSOCIATION PRESENTS Brown Bag
REAL ESTATE, CONSTRUCTION, PLANNING AND ZONING
Seminar Series
MARCH 27, 2020
Join us for CLE credit at the TCBA Office, 1315 Calhoun Street, Fort Worth Moderator: Mary Barkley, Cantey Hanger LLP Noon
Registration
12:30 pm 1:00 pm 1:30 pm
Texas Ad Valorem Property Tax Litigation ”‡•–‘� Ǥ —‰ƒ•
ÇĄ Preston Dugas Law Firm, PLLC
Planning and Zoning Law —•–‹� ‹‰Š–ǥ Pope, Hardwicke, Christie, Schell, Kelly & Taplett, L.L.P.
2:00 pm
Emerging Issues in Real Estate Drafting —œƒÂ?Â?‡ Â”Â‘Â•Â•ÂƒÂ”Â†ÇĄ M. Suzanne Frossard, P.C.
2:15 pm
Texas Lien Law Summary –‡’Š‡Â? Ǥ ƒ””‹•‘Â?ÇĄ Harrison Steck P. C.
Adjourn
3:00 pm 3:45 pm
BREAK
Updates on Texas Construction Law Cara Kennemer, Underwood Law Firm 3 hours of CLE credit requested (This program will be videoed for showing throughout the year.)
----------------------------------------------------------------------------------------------------------Brown Bag Registration: Real Estate, Construction Planning and Zoning
_____ $70 TCBA Member
_____ $95 non-TCBA Member
_____ Brown Bag Season Pass Holder
March 27, 2020
_____ $35 TCBA Member Staff
_____ $12 for a boxed lunch
Add $5 if registering after March 25 Please complete this form and return to the TCBA office at 1315 Calhoun Street, Fort Worth, Texas 76102 with a check payable to TCBA or with credit card information. If you have questions, please call Sherry Jones at 817-338-4092 (Fax: 817-335-9238). Name: ___________________________________________________________ Phone: _________________________ Firm: ____________________________________________________________ Fax: ___________________________ Address: _____________________________________________________________ Billing Zip: _____________ Method of Payment: _____ Check
_______ Check Number
______ MC
______ Visa
_____ Am Ex
Credit Card Number ________________________________________________ Expiration ______________________ Name on Card _____________________________________________________ Security Code ___________________
Snippets
Co-Editor Judge Carey Walker, County Criminal Court No. 2
Civil and Criminal
by Judge Bob McCoy g County Criminal Court No. 3
ASK JUDGE BOB
Judge Bob, are attorney’s fees ever available other than in DTPA and contract suits? Yes, For example, see §542.302 of the Insurance Code regarding responsible third parties. [Thanks to Judge Ralph Swearingin for this item.]
MOSES’ AND NOAH’S MONTHLY PARAPROSDAKIAN
(a figure of speech in which the latter part of a sentence or phrase is surprising or unexpected; frequently humorous) Some people are like Slinkies . . . not really good for anything, but you can’t help smiling when you see one tumble down the stairs. Moses
Noah
DANES’ QUOTE OF THE MONTH The dog is the only animal that is capable of disinterested affection. It is the only creature that regards the human being in his compassion, and follows him as his friend; the only one that seems to possess a natural desire to be useful to him, or from a spontaneous impulse attaches himself to man. —William Youatt, The Dog
CRIMINAL ITEMS OF INTEREST 1. Sudden Passion
“At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause.” Sudden passion is “passion directly caused by and arising out of provocation by the individual killed” that “arises at the time of the offense” and is not just the result of former provocation. Adequate cause is a “cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.” As the Penal Code makes clear, sudden passion is an extreme emotional and psychological state. Rodriguez v. State, 546 S.W.3d 843 (Tex. App.—Houston [1st Dist.] 2018).
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▪ MARCH/APRIL 2020
2. Photographs
A court may consider the following factors in determining whether the probative value of photographs is substantially outweighed by the danger of unfair prejudice: (1) the number of exhibits offered, (2) their gruesomeness, (3) their detail, (4) their size, (5) whether they are offered in color or in black and white, (6) whether they are close-up, and (7) whether the body depicted in clothed or naked. Callaway v. State, 546 S.W.3d 899 (Tex. App.—Amarillo 2018).
3. Warrantless Search
To validate a warrantless search based on exigent circumstances, the State must satisfy a two-step process. First, probable cause must exist to search – that is, reasonable trustworthy facts and circumstances within the knowledge of the officer on the scene that would lead an officer of reasonable prudence to believe that the instrumentality or evidence of a crime will be found. Second, an exigent circumstance exists to justify a warrantless search. State v. Ruiz, 545 S.W.3d 687 (Tex. App.—Corpus Christi 2018).
4. Speedy Trial
The right to a speedy trial attaches once a person is either arrested or charged with an offense. Courts analyze speedy trial claims on a case-by-case basis by balancing the following factors: (1) length of the delay; (2) the reason for the delay; (3) the defendant’s assertion of his right; and (4) the prejudice inflicted on the defendant by the delay. Voda v. State, 545 S.W.3d 734 (Tex. App.—Houston [14th Dist.] 2018).
5. Possession of Cocaine
To obtain a conviction for unlawful possession of cocaine, the State must prove beyond a reasonable doubt that the defendant (1) exercised actual care, custody, control, or management over the cocaine, and (2) knew it was cocaine. Possession of the drug need not be exclusive–evidence that shows the defendant jointly possessed the drug with another can suffice. De La Torre v. State, 546 S.W.3d 420 (Tex. App.—Houston [1st Dist.] 2018).
6. Video Recording
Video recordings without audio are treated as photographs and are properly authenticated when it can be proved that the images accurately represent the scene in question and are relevant to a disputed issue. Fowler v. State, 544 S.W.3d 844 (Tex. Crim. App. 2018).
7. Bodily Injury
“Bodily injury” includes physical pain or any impairment of physical condition. “Any physical pain, however minor, will suffice to establish bodily injury.” A jury may infer whether a person felt physical pain because “people of common intelligence understand pain and some of the natural causes of it.” Evidence of a cut or bruise is sufficient to show bodily injury. Bin Fang v. State, 544 S.W.3d 923 (Tex. App.—Houston [14th Dist.] 2018).
CIVIL ITEMS OF INTEREST 1. DTPA
The general rule is that the provisions of the DTPA cannot be waived or disclaimed. Thus, a contractual limitation of liability clause is invalid insofar as it purports to waive liability for an act defined as “deceptive” in section 17.46 of the DTPA, which includes material misrepresentations. An exception to this “no-waiver” provision exists when a DTPA cause of action is predicated on breach of an express or implied warranty. ADT Sec. v. Van Peterson Fine Jewelers, 583 S.W.3d 162, 167 (Tex. App.—Dallas 2016).
2. Collateral Consequences
There are two exceptions that confer jurisdiction regardless of mootness: (1) the issue is capable of repetition, yet evading review; and (2) the collateral consequences doctrine. [This] doctrine applies to the narrow circumstances when vacating the underlying judgment will not cure the adverse consequences suffered by the party seeking to appeal that judgment. To sustain jurisdiction on this basis, [a party] would have to show: (1) concrete disadvantages or disabilities have in fact occurred, are imminently threatened to occur, or are imposed as a matter of law; and (2) the concrete disadvantages and disabilities will persist even after the judgment is vacated. Anderton v. City of Cedar Hill, 583 S.W.3d 188, 193 (Tex. App.—Dallas 2018).
3. Recusal – Campaign Contribution
It is only in extreme circumstances that the amount of contribution can support a judge’s recusal from a case. The contribution must have a “significant and disproportionate influence” on the judge’s election. AVPM Corp v. Childers, 583 S.W.3d 216, 219 (Tex. App.— Dallas 2018).
4. Contract
Parties having the power to make a contract may modify their contract in any manner they choose. The modification must be supported by new consideration. Consideration is either a benefit that accrues to one party or a detriment incurred by the other party. Aflalo v. Harris, 583 S.W.3d 236, 245 (Tex. App.—Dallas 2018).
5. Note Default
“Default does not ipso facto start limitations running on
the note.” Instead, the holder’s cause of action accrues when the note reaches its maturity date or the holder exercises its option to accelerate the note’s maturity date. The holder may abandon the acceleration. “If acceleration is abandoned before the limitations period expires, the note’s original maturity date is restored and the noteholder is no longer required to foreclose within four years from the date of acceleration.” Pitts v. Bank of N.Y. Mellon Trust Co., 583 S.W.3d 258, 263 (Tex. App.—Dallas 2018).
6. Anti-SLAPP
Chapter 27 of the Texas Civil Practice & Remedies Code, also known as the TCPA, is an anti-SLAPP statute. “SLAPP” is an acronym for Strategic Lawsuits Against Public Participation.” The TCPA provides a procedure for expeditiously dismissing a non-meritorious legal action that is based on, relates to, or is in response to the party’s exercise of the right of free speech, which is defined as a communication made in connection with a matter of public concern. Krasnicki v. Tactical Entm’t, LLC, 583 S.W.3d 279, 283 (Tex. App.—Dallas 2019).
7. Trespass to Try Title
A trespass to try title suit may be brought to determine which party has superior title to a piece of property. A suit to quiet title declares invalid another party’s claim to title. As a statutory cause of action, a trespass to try title accords a legal remedy, while a suit to remove cloud or to quiet title accords an equitable remedy. Dominguez v. Dominguez, 583 S.W.3d 365, 371 (Tex. App. —El Paso 2019).
LEGAL QUOTE OF THE MONTH
Take nothing on its looks: take everything on evidence. There’s no better rule. —Charles Dickens, Great Expectations
OLD NEWS
Annexation In the Roaring ‘20s—like the rest of the country in the decade after “The War to End All Wars”—Fort Worth is growing. The city that started as a frontier outpost in 1849 grows from a population of 106,482 in the 1920 Census to 163,447 in the 1930 Census and is gobbling up nearby communities. Fort Worth annexes Arlington Heights, Riverside, and Polytechnic in the spring of 1922. And in July 1923, Niles City finally gives up its 23-month fight against the city’s annexation efforts. The square-mile municipality just north of Fort Worth contains the Stockyards and the Swift and Armour packing plants, some of the nation’s most valuable real estate. An outof-court settlement is reached, with Fort Worth agreeing to take over Niles City’s debts, most of them incurred during its legal battle against annexation. g
MARCH/APRIL 2020
▪ TCBA BULLETIN 29
WOMEN in the LAW LUNCHEON A Life in Leadership
THANK YOU TO OUR PANEL MEMBERS: Danielle Needham
Associate General Counsel – Labor & Employment, Bell Flight
Lisa M. Tatum LM Tatum, PLLC and former State Bar of Texas President Melinda Westmoreland Nag
Former Tarrant County Prosecutor, Owner and Founder of Soul Sweat Hot Yoga, and Dallas Cowboys Yoga Coach
Thank You to Roundtable Moderators: Judge Elizabeth Beach, Criminal District Court No. 1 Judge Patricia Baca Bennett, 360th District Court Kate Casey, LPC, JD, Autumn Ridge Counseling and Wellness Justice Lee Gabriel, Second Court of Appeals Leslie Hunt, Civil Division Chief, Tarrant County Criminal District Attorney’s Office Mary-Margaret Lemons, President, Fort Worth Housing Solutions Judge Susan McCoy, 153rd District Court Maleshia McGinnis, City Attorney, North Richland Hills Laura McWhorter, Chief Philanthropy Officer, North Texas Community Foundation Danielle Needham, Associate General Counsel – Labor & Employment, Bell Flight Judge Beth Poulos, 324th District Court Judge Jennifer Rymell, County Court at Law No. 2 Sue Walker, Retired Justice, Second Court of Appeals Judge Judith Wells, 325th District Court Judge Mollee Westfall, 371st District Court
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▪ MARCH/APRIL 2020
Thank You to Our Sponsors Premier Sponsor
Event Sponsor
2020 Roundtable Moderators
Roundtable Sponsor
Gift Sponsor
Panel Members
MARCH/APRIL 2020
â–ª TCBA BULLETIN 31
Space For Lease
CLE
Corner
in the historic
Tindall Square Office Complex in Downtown Fort Worth
■ ■ ■ ■ ■ ■
Parking available Up to 10,000 square feet of office space available with rates starting at $19.50 psf. Current office tenant base includes attorneys, private investment firms and accountants. Executive suites for attorneys available, call for details. Secure record storage facility conveniently located on site with rates as low as $120/month Within walking distance to local restaurants and Sundance Square Office Space and Record Storage Space Available Immediately
Contact Debara Herring ■ 682.316.2072 dherring@rochester-group.com 500 East 4th Street, Suite 175 ■ Fort Worth, Texas 76102
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▪ MARCH/APRIL 2020
Sherry Jones Associate Executive Director
W
e hope that the CLE we provide is helpful and useful to our members. We have two more Brown Bag Seminars. March 27 will be on Real Estate, Construction, Planning and Zoning and May 8 will be Potpourri—Primers on Immigration, Bankruptcy and Cannabis Law Updates. We now have Appointment Wheel CLEs that are also being recorded so that if you miss the live session you can rent the DVD later. Our first seminar was on Juvenile Law. We plan to hold a seminar on Child Welfare in the near future. We are always interested to know which topics our members would like for us to cover, and there is always room on our committee. Feel free to reach out to me with CLE suggestions at sherry@tarrantbar.org. g
MARCH/APRIL 2020
â–ª TCBA BULLETIN 33
BENEFITS OF MEMBERSHIP
Follow us on social media Tarrant County Bar Association - Fort Worth @tarrantbar @tarrantcountybar
The Tarrant County Bar Association is comprised of over 2600 members and offers the best way to connect with the legal community in Tarrant County.
Membership benefits include: • • • • • •
Free and reduced cost CLE events offered through the TCBA's 18 substantive law sections, Brown Bag CLE pass, and other CLE events. In addition, TCBA offers many of its CLE events online at a discounted rate for its members. Exclusive networking events, including Docket Calls, Women in the Law Luncheon, and the annual Bench Bar Conference. Professional development and law practice management programs, including free Transition to Practice seminars, technology classes, and mentorship opportunities. Access to discounts and free professional services, including free document shredding, a discount for Lawyer Referral & Information Services (LRIS) membership, and discounts on meeting space rentals at the TCBA. An online subscription to the Bar Bulletin, the TCBA’s bi-monthly magazine, and weekly emails detailing news and events in the Tarrant County legal community. Opportunities for community service at annual events like National Adoption Day, People's Law School, and the Blood Drive. The TCBA also provides pro bono volunteer opportunities at legal clinics through Volunteer Attorney Services (TVAS) and Texas Lawyers for Texas Veterans- Tarrant County Chapter (TLTV).
Visit the website to learn more about all the great things the TCBA is doing for its members and the community. www.tarrantbar.org
We thank you for your continued support of our organization. If you have not renewed for the 2019–2020 bar year, please contact Lauren St. Clair at the bar office at 817.338.4092 or by email at laurensc@tarrantbar.org.
In
Memoriam Richard C. Kline 1956–2020
R
ichard C. Kline, age 63, born June 8, 1956 in Columbus, Ohio and passed away January 18, 2020 at his home in Keller, Texas. He graduated from University of Florida and South Texas School of Law, where he received his doctorate degree. He was a Criminal Defense Attorney in the Tarrant County court system. He was an active Mason for many years. He was an avid Science Fiction fanatic, especially Marvel Movies and he was a proud Florida Gator Alumni. Rick is survived by his loving wife, Loretta Galloway Kline; son, Marshall Kline; daughter, Madison Kline; and grandson, Rodrick Kline. g Published in Dignity Memorial
Report of the 2019–2020 Election Committee
P
ursuant to Article 9 of the Bylaws of the Tarrant County Bar Association and upon approval of a majority of the Board of Directors, the 2019–2020 Election Committee presents the following nominations to be placed on the 2020–2021 Election Ballot. PRESIDENT-ELECT Kim Naylor VICE PRESIDENT Karen Denney SECRETARY-TREASURER Lu Pham Joe Regan DIRECTOR, PLACE 4 Gene de Bullet George Petrovich Lynn Winter DIRECTOR, PLACE 5 Caroline Harrison John Lively, Jr. Marvina Robinson DIRECTOR, PLACE 6 Ralph Duggins Dana Manry Dan Steppick
The online election will begin on or about Wednesday, March 4, 2020 and will end on Friday, March 27, 2020. I’d also like to express my deepest appreciation to the following individuals for serving on the Election Committee: Kelly Decker Matt Fronda Steve Hayes Justin Huston
Clark Rucker Christian Tucker Angel Williams Rachel Wright
Respectfully submitted, Jerry Bullard, Chair
MARCH/APRIL 2020
▪ TCBA BULLETIN 35
It’s All Happening Around the Bar Pro Bono Awards Luncheon
TLTV Pro Bono Award Recipients
John Corbin, TCBF Pro Bono Volunteer of the Year
TVAS Pro Bono Award Recipients
Nick Bettinger, LegalLine Award
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▪ MARCH/APRIL 2020
It’s All Happening Around the Bar 50-Year Lawyer Luncheon
Court Staff Seminar
Bar Foundation Annual Meeting
Domestic Violence Resource Fair
MARCH/APRIL 2020
▪ TCBA BULLETIN 37
Member Benefits Vendor List TCBA members may take advantage of discounts provided by the following vendors:
ABA Retirement Funds Program provides full-service 401(k) plans to benefit the legal community. To learn more, contact local rep. Jacob Millican at 817.451.5020 or visit www.abaretirement.com.
Bar Bulletin â–Ş March/April 2020 Tarrant County Bar Association 1315 Calhoun Street Fort Worth, TX 76102-6504 ADDRESS SERVICE REQUESTED
PRESORTED STANDARD U. S. POSTAGE PAID FORT WORTH, TX
PERMIT 1807
AMO Office Supply offers TCBA members the lowest price guaranteed on office supplies, with next-day delivery and free shipping! Call 800.420.6421. Falcon Litigation Solutions offers discounts on copying, litigation displays, trial boards, etc. Call 817.870.0330. Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed material - business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817.577.0572. Fort Worth Zoo discount tickets - $13.00 adult, $10 for child or senior. For tickets, contact anne@tarrantbar.org or 817.338.4092. If mailing or charging tickets, add 50 cents. UPS - TCBA has signed an agreement with UPS for TCBA members to receive discounts on shipping. The discounts vary according to the type of shipment, so check out UPS for your needs at www.ups.com or 1.800.PICK.UPS. For IT Help: Juris Fabrilis - Cool Tools for Lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101. For Shredding and Document Disposal: Magic Shred is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Call the TCBA office for details. Expanco is N.A.I.D. AAA-Certified documentdestruction service offering 40% off to TCBA members. Mention your TCBA membership when scheduling an appointment to receive this discount on your invoice. Thomson Reuters Exclusive TCBA offer of 10% off Firm Central subscriptions to Bar members* Please contact Amanda Olson, your local Account Executive, for more information at: Amanda.Olson@tr.com. g
If any of your contact information is incorrect, please submit the corrected information to the TCBA office at 817.338.4092, fax to 817.335.9238 or email to tcba@tarrantbar.org.
Classified Advertising NOTICE Classified Ads no longer appear in the Bulletin. They can be found on our website at www.tarrantbar.org.
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