Bulletin May/June 2021
Congratulations 2021 Law Day Honorees
Steven C. Laird Blackstone Award
Justice Lee Gabriel Silver Gavel Award
Tim Evans Professionalism Award
Punam Kaji Outstanding Young Lawyer Award
Leon Reed, Jr. Outstanding Mentor Award
Pamela Young Liberty Bell Award
Steve Laird
Steve Laird is one of the Top 100 Lawyers in Texas* There’s a Reason
It takes years to establish a good reputation Handling Personal Injury Wrongful Death & 18-Wheeler Cases *Texas Super Lawyers, Top 100 (2005-2013, 2015-2020) - Thomson Reuters
Steve Laird and Seth McCloskey are 2 of the only 11 Texas Lawyers Board Certified in Truck Accident Law.
l aw
O ffi ces
o f
S t e v e n C . L a i r d, P. C . 817.531.3000
1119 PENNSYLVANIA AVENUE, FORT WORTH, TX 76104
www.texlawyers.com
President’s Page
A
by GARY MEDLIN
A Challenging Year
s we come to the end of the 2020–2021 Bar year, we are hopefully closing out one of the most challenging years ever for the Bar, and for all of us professionally and personally. The pandemic has changed our lives and we have lost much of our connection.But this loss was temporary and I am encouraged that the worst is behind us and we will soon begin a return to normal, or maybe a new normal. Many of us are just now returning to our offices after a year of remote working. Some in the work force may now be permanently working from home. Some of us in the legal profession are returning to court and jury trials soon. Going forward we may continue to do some of our work virtually as we have found that virtual meetings and hearings are sometimes more efficient than in-person ones. But I am optimistic that we will soon be able to be more connected, resuming in-person events, meeting for lunch and gathering for social events. Already we are scheduling outdoor events for section meetings and soon a docket call social. And hopefully by fall we may be able to have indoor events and finally a Law Day dinner to present two-years’ worth of Law Day awards. I want to thank all of the officers and directors of the Tarrant County Bar Association Board and the recent past presidents from whom I learned so much, especially last year’s president John Cayce. Also, I want to thank all of the committee chairs and the committee members who have contributed so much to this past Bar year. Particularly I would like to thank Harrison Smith for his outstanding work with the Diversity Committee and Julia Sladek for her work with the Wellness Committee. Most of all, I would like to thank Executive Director Megan Cooley for her excellent work in running our organization, supervising all the employees, and guiding and helping me throughout this past year. She is a treasure and the main reason we have a successful Bar Association. The Covid Task Force led by Nick Bettinger and Kim Naylor have continued to help us weather the pandemic’s challenges and the Strategic Planning Committee have done
much to help us prepare for the future. The Strategic Planning Committee put together a Covid and Strategic survey which many of you completed to help us with our planning. Thanks to all of you who completed the survey giving us invaluable input. Some of the highlights of the survey include that we all miss the networking opportunities of in-person events. We learned from the survey results that many of you are ready to meet in person now. Some would prefer to wait until late summer or fall. Many respondents indicated that CLE and legal education are the most important benefits of membership. We also learned that the biggest challenges of Covid-19 for the legal profession are the court system backlog, business continuity/revenue decline and the inability to network. The biggest challenges for many of us personally were revenue decline, lack of trials, and business continuity. This knowledge will help us tremendously and guide us as we continue to plan how the Bar Association can best serve our members. I have missed the in-person luncheons, meetings and dinners that I had hoped to have during my year as President. We have had Board and countless other meetings by Zoom but we have missed the usual fellowship we enjoy at the many functions and dinners that did not happen this year. Still, I have had the pleasure of working with so many intelligent, kind and wonderful professionals. I have met many of you I did not know before and gotten to know others better. Thank you all for your friendship. A highlight for me of the past year was the work of the Diversity Committee. Harrison Smith has done an amazing job leading this committee whose work was particularly timely this year. Please take advantage of the outstanding programs offered by the Diversity Committee. It has been an honor to serve as President over the past year and I thank you all for the opportunity. I am very proud of the Tarrant County Bar Association and of the legal community here. It is often said that we are a more professional and collegial group of attorneys who make practicing here more pleasurable than elsewhere in Texas, because we practice law the “Tarrant County way”. Let’s continue to embrace the Lawyer’s Creed, help each other and help our clients to the best of our ability. But let us also remember to take care of ourselves and our families. Thanks again. g
MAY/JUNE 2021
▪ TCBA BULLETIN 1
Contents Features 16 24 32
Celebrating 50 Year Attorneys Law Day 2021 “Advancing the Rule of Law Now” Lanham Act 75th Anniversary: The Life and Legacy of Fritz Lanham
Departments 1 President’s Page 3 Wellness Connections Committee 4 YLA Snapshot 5 Calendar of Events 6 100 Club 7 Texas Lawyers for Texas Veterans 8 Judicial Profile - Judge Ruben Gonzalez 10 Lawyers on the Move & in the News 10 Membership Report 14 Tarrant County Volunteer Attorney Services 15 LegalLine 18 Vendor List 28 CLE Corner 37 Other Associations’ News & Information 38 Snippets 40 Benefits of Membership 41 In Memoriam Advertisers' Index
Bailey & Galyen.................................................13, 19, 35 Deborah Adame.........................................................39 Edward Jones.............................................................18 Law Offices of Steven C. Laird, P.C.......Inside Front Cover LawPay.....................................................................12 Parker Law Firm.........................................................23 Texas Lawyers’ Insurance Exchange.............................18 Tindall Square Office Complex...................................34 2 www.tarrantbar.org
▪ MAY/JUNE 2021
Tarrant County Bar Association 817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org 2020-2021 Officers
President.....................................Gary Medlin President-Elect.....................Kimberly Naylor Vice President............................Karen Denney Secretary-Treasurer...........................Lu Pham
Directors Term Ends 2021
Director..............................Sherry Armstrong Director.............................Katherine Hopkins Director......................................Scott Lindsey
Term Ends 2022
Director....................................John Lively, Jr. Director........................................Dana Manry Director.......................................Lynn Winter
2020–2021 Appointed Directors
Appointed Director.................Ralph Duggins Appointed Director............Marvina Robinson
Tarrant County Young Lawyers Association
Fall 2020 President..................Andrea Palmer Fall 2021 President................Brian Singleterry Immediate Past President...............John Cayce 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.
WELLNESS CONNECTIONS COMMITTEE Wellness Committee Presentation and Meeting
Wellness Committee Monthly Podcast Discussion
“The Role of Posture in Physical WellBeing” Presentation
“Plato’s Lemonade Stand: Stirring Change into Something Great” Discussion
Committee business to be conducted after presentation, at approximately 4:50 p.m. FREE Event via Zoom
FREE Event via Zoom
May 19, 2021 | 4:00 p.m.–5:00 p.m.
May 25, 2021 | 12:00 p.m.–1:00 p.m.
Presenter: Heather Browning, Certified Posture Therapist
Kate Casey, JD LPC of Autumn Ridge Counseling and Wellness in Southlake Podcast: www.tarrantbar.org/maypodcast
P
re-Covid did you dream of working from home? No commute, no road rage, no skirts and ties. Fourteen months later you wonder what the fascination was all about. You have more stress than ever before and to top it off you have been having back, neck, and/or elbow pain that has suddenly appeared! If this describes you, you are not alone. Join Heather Browning, Certified Posture Therapist, as she address these concerns and what you can do about it. From awareness to intervention you'll learn why “how you do anything is how you do everything.” g
WELLNESS CONNECTIONS COMMITTEE
Mission Statement
To enhance the mental, physical, and emotional well-being of the Bar by promoting healthy connections within our community, with our colleagues, and with ourselves.
Register for upcoming events and presentations at www.tarrantbar.org/wellness.
213 Lives Saved! Thank You for Supporting
TCBA/TCFLBA/TAMU Law School’s Blood Drive Thanks to all of the individuals who participated in this year’s Blood Drive. Your involvement led to 71 pints donated, equating to 213 lives saved! Congratulations to the following firms and organizations for winning this year’s Blood Drive traveling trophies. Each group had the most participation by its members or representatives in their respective categories:
Large Firm: Kelly Hart & Hallman LLP Small Firm: Lacy Malone Steppick Ryder & Menefee, PLLC Large Organization: Tarrant County Family Law Bar Association
The Blood Drive was held on April 15, 2021 at the Texas A&M Gig ‘em Lot.
TCBA extends a special thanks and recognition to Texas A&M School of Law for its partnership and participation in this year’s event.
David Garza, 2020-2021 Blood Drive Committee Chair; and Jessica Sangsvang
MAY/JUNE 2021
▪ TCBA BULLETIN 3
YLA Snapshot Andrea Palmer, President TCYLA
I
t’s awards and elections season at TCYLA, and we are very excited to make some award-related announcements. First, the Board is pleased to announce the 2021 –2022 President-Elect will be Aulstin Gardiner, Assistant District Attorney, Tarrant County Criminal District Attorney's Office, and the 2021–2022 Secretary-Treasurer will be Spencer Mainka, Associate at Pham Harrison, LLP. They will join current President-Elect Brian Singleterry, Judicial Law Clerk at U.S. District Courts, in September. The Outstanding Young Lawyer Award recognizes one young lawyer who has demonstrated professional proficiency, service to the profession, and service to the community. The 2021 Outstanding Young Lawyer Award goes to Punam Kaji, Assistant General Counsel – Employment & Litigation at Ben E. Keith Company. Ms. Kaji was selected because she has been “a relentless driving force behind the development of the Conversation Series on Inclusion, Diversity and Equity in the Bar,” as well as serving on the State Bar’s Diversity Task Force. The Outstanding Mentor Award recognizes one attorney who has consistently demonstrated a commitment to mentoring young lawyers in his or her legal community. The 2021 Outstanding Mentor Award goes to Leon Reed, Jr., of the Law Office of Leon Reed, Jr. Mr. Reed was selected because he has shown young attorneys “to fight what you are passionate for, to selflessly serve our Tarrant County and Texas community, and to keep stepping forward to reach your goals,” as exemplified by his 200-mile walk to Austin to speak on police reform and unity. The Liberty Bell Award recognizes one outstanding non-lawyer in Tarrant County who has made the most selfless contribution to his or her community to strengthen the effectiveness of the American system of Justice by instilling better understanding and appreciation of the law. The 2021 Liberty Bell Award goes to Pamela Young, a community organizer and leader who serves as the Lead Criminal Justice Organizer for United Fort Worth. Ms. Young was selected for her work with “numerous educational campaigns surrounding both city and county government actions,” including organizing bail funds, spotlighting problems of mass incarceration combined with Covid-19, assisting with voter turnout education campaigns, and working on solutions through community organizing. Please join me in congratulating these outstanding members
4 www.tarrantbar.org
▪ MAY/JUNE 2021
of our community. Their leadership, dedication, and hard work make Tarrant County a better place every day. g
Upcoming TCYLA Webinars
May 18, 2021 | 12:00 p.m. – 1:00 p.m. Bankruptcy Basics
Speaker: Robbie Clarke, Bonds Ellis Eppich Jones Schafer LLP CLE: 1 hour requested FREE for TCYLA Members
June 15, 2021 | 12:00 p.m. – 1:00 p.m.
When Recovery Options Appear At A Dead End: Think Outside The Box and Consider A Vehicle Crashworthiness Case Speaker: Todd Tracy, The TRACY Law Firm CLE: 1 hour requested FREE for TCYLA Members
Free Online CLE for TCYLA Members
Topic: Recent Amendments to the Texas Rules of Civil Procedures Speaker: Nirav Patel, Kelly Hart & Hallman LLP CLE: 1 hour Topic: Jury Trial in the Covid Era Speaker: Christopher Lankford, Lankford Law Firm CLE: 1 hour Topic: Trademark Registrations and Why They Matter for EVERY Client Speaker: Lee Hunt, Bracket & Ellis, P.C. CLE: 1 hour Topic: Remote Proceedings: Preparation, Tools and Tactics Speakers: Sam Beaman, Senior Account Executive, Veritext Legal Solutions; Katy Durkee, Vice President-Texas, Veritext Legal Solutions CLE: 1 hour Topic: E-Discovery Best Practices and Protocols Speaker: Dr. Gavin N. Manes, Avansic E-Discovery & Digital Forensics CLE: 1 hour
For questions, please contact laurensc@tarrantbar.org.
Calendar of Events May 2021 13 LegalLine 5:00 pm - 7:00 pm | Remote 17 Diversity Committee’s Book Club Discussion 12 pm - 1:00 pm | Zoom Book: Implementing Diversity by Marilyn Loden Reading the book is not required, all are welcome. 18 Real Estate Section Webinar 12:00 p.m. - 1:00 p.m. Topic: The “Real” Estate Issues in Texas Probates (Probate/ Estate Planning & Real Estate) Speakers: Jeremy SoRelle, The Hyde Law Firm CLE: 1 hour requested (FREE to TCBA Members) 19 Wellness Connections Committee Meeting & Presentation 4:00 pm - 5:00 pm | Zoom Topic: The Role of Posture in Physical Well-Being Speaker: Heather Browning, Certified Posture Therapist 20 Diversity Committee Presents: SIDE Bar Conversations 12 pm - 1:00 pm | Zoom Topic: The Intersection of Race and Gender 21 Court Staff Seminar (Webinar) 8:15 am - 12:00 pm | Zoom $50 | CLE: 3.50 hours $90 | Both days (May 21 and June 3) 25 Wellness Connections Committee - Podcast Discussion 12 pm - 1:00 pm | Zoom Topic: Plato’s Lemonade Stand: Stirring Change into Something Great” Discussion Kate Casey, J.D., L.P.C., Autumn Ridge Counseling and Wellness 27 LegalLine 5:00 pm - 7:00 pm | Remote
June 2021 3 Court Staff Seminar (Webinar) 8:15 am – 4:00 pm | Zoom $55 | CLE: 6.50 hours $90 | Both Days (May 21 and June 3) 10 LegalLine 5:00 pm - 7:00 pm | Remote 21 Diversity Committee’s Book Club Discussion 12 pm - 1:00 pm | Zoom Book: Sister Outsider: Essays and Speeches by Audre Lorde Reading the book is not required, all are welcome. 24 Diversity Committee Presents: SIDE Bar Conversations 12 pm - 1:00 pm | Zoom Topic: LGBTQ Awareness and Inclusion 24 LegalLine 5:00 pm - 7:00 pm | Remote 25 Brown Bag Seminar (Webinar) – Legislative Updates Zoom
FREE AND LOW COST
Online CLE on Demand
for
TCBA Members
Catalogue on Page 28 Membership Notice
The 2021-2022 Bar Year is almost here! Your TCBA Membership will expire on June 30th, 2021. Renewal invoices will be sent out mid-May via email. Contact Lauren St. Clair with any questions at laurensc@tarrantbar.org.
MAY/JUNE 2021
▪ TCBA BULLETIN 5
Members of the 2020–2021
100 Club *List Reflected Below is as of April 30, 2021
Adams, Lynch & Loftin, P.C. Albert Neely & Kuhlmann, LLP Anderson & Riddle, LLP Baker Monroe, PLLC Bank of America, Private Bank Barlow Garsek & Simon, LLP Blaies & Hightower, LLP Bonds Ellis Eppich Schafer Jones LLP Bourland, Wall & Wenzel, P.C. Brackett & Ellis, P.C. Broude Smith Jennings & McGlinchey P.C. Brown, Proctor & Howell, LLP Curnutt & Hafer, LLP Decker Jones, P.C. Forshey & Prostok, LLP Freeman Mills, P.C. Friedman, Suder & Cooke, P.C. Frost Bank 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 K&L Gates LLP Kelly Hart & Hallman LLP KoonsFuller, P.C. Law, Snakard & Gambill, P.C.
Linebarger Goggan Blair & Sampson, LLP Lively & 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 Pope, Hardwicke, Christie, Schell, Kelly & Taplett, LLP Robbins Travis, PLLC Second Court of Appeals Seltzer & Dally, PLLC Sharen Wilson, Criminal District Attorney's Office Taylor Olson Adkins Sralla & Elam, LLP The Blum Firm, P.C. The Clark Firm, P.C. The Colaneri Firm, P.C. The Medlin Law Firm, PLLC Thompson & Knight, LLP Udeshi Law Firm, PLLC Underwood Law Firm, PLLC Varghese Summersett, PLLC Watson, Caraway, Midkiff & Luningham, LLP Whitaker Chalk Swindle & Schwartz, PLLC Whitley Penn, LLP Wick Phillips Winstead, P.C.
100 Club
To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more members and attains 100% TCBA membership compliance for the 2020–2021 bar year qualifies for the “100 Club.” The firms/organizations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year. Any firm/organization 6 www.tarrantbar.org
▪ MAY/JUNE 2021
that qualifies in the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law firms and other groups. The new bar year began on July 1; if you have not paid your renewal invoice, contact our Membership Director Lauren St. Clair at 817.338.4092 or email her at laurensc@tarrantbar.org. g
Texas Lawyers for Texas Veterans
Tarrant County Chapter
Make a Difference with Texas Lawyers for Texas Veterans
T
LTV is partnering with TVAS and Texas A&M School of Law Veterans and Family Advocacy Clinic to provide the Spring 2021 Heroes Wills Clinic. While preparing for the clinic, one of the veterans who had applied informed TLTV that he had received a terminal cancer diagnosis and needed to have his will expedited. Attorney John Corbin was able to speak with the veteran and his spouse and prepare their documents within the week. A couple of days later the veteran, his spouse, Mr. Corbin, and the drive-thru Heroes Wills Clinic team met outside the TCBA to safely formalize their will and end-of-life documents formalized! If you would be willing to assist with a will and estate package for a veteran, contact kayla@tarrantbar.org. There are many ways to get involved with TLTV. Phone consultations are continuing through our remote clinics and TLTV always needs more attorneys that are willing to take on pro bono cases for full representation in the attorney’s area of expertise. Thank you to all the attorneys that assisted with our remote clinics in March and April.
ATTORNEYS ASSISTING WITH REMOTE CLINIC* Whitney Beckworth Kelley Bishop Julie Camacho Ola Campbell John Corbin James Greer Wendy Hart Sam Johndroe John Johnson Kate Kim Deborah Krane Bryce King Spencer Mainka Cynthia Maragoudakis Mike McBride
Jason Miller Margarita Morton David Pritchard Raven Radley-Van Reenen Martin Rechnitzer Tim Robinson Joe Robles Lynn Rodriguez Greg Roper Karon Rowden Melissa Sircar Ben Westbrook George White Joseph Young
Thank you to those attorneys and attorney mentors who have accepted a case for pro bono representation in the last two months!
CASE ACCEPTING ATTORNEYS* Delaney Blakey, Kelly Hart & Hallman LLP John Corbin, Law Office of John J. Corbin Jonathan Fox, Law Office of Jonathan W. Fox, PLLC Wendy Hart, Law Office of Wendy L. Hart Sam Johndroe, Johndroe Law, PLLC Jill Johnston, The King Firm Victoria McDowell-Drew, Drew Family Law, PLLC Joseph Young
ATTORNEY MENTORS* Karon Rowden, Texas A&M Family and Veterans Advocacy Clinic Melissa Sircar, Sircar Law Office *List as of 4.20.2021 Kayla Dailey Pro Bono Programs Director
Save the Date JUNE 8
TVAS Driver’s License Clinic in Partnership with LANWT MAY/JUNE 2021
▪ TCBA BULLETIN 7
Judicial Profile
By Perry Cockerell, Perry Cockerell, P.C.
Judge Ruben Gonzalez, 432nd District Court
J
udge Ruben Gonzalez of the 432nd District Court in Tarrant County grew up with a strong military background. His grandfather, Frank Morales, served in the U. S. Army Cavalry at Fort Clark, Texas, and his father, Ruben Gonzalez, served in the U. S. Navy during Korean War and as a pilot-inspector with the Federal Aviation Administration for 37 years. During his father’s government service, the future judge became accustomed to moving around the country. His mother, Ophelia Gonzalez, a homemaker, raised three children. Born in San Antonio, Judge Gonzalez lived in Euless, Shreveport, and El Paso before returning to San Antonio.
Education and Military Experience
Judge Gonzalez graduated from Winston Churchill High School in San Antonio in 1982 and from the University of El Paso in 1987 with a B.A. degree in Political Science. During college he joined AFROTC and earned his commission as a Second Lieutenant in the U. S. Air Force. After completing his intelligence officer courses at Goodfellow AFB, Texas, he served at Strategic Air Command Headquarters at Offutt AFB, Nebraska. In 1988 while he attended Navigator School at Mather AFB in Sacramento, California. he met his future wife, Tracy Ann Johnson, who was home from Texas A&M for the summer and whose father was the B-52, 320th Bombardment Wing Commander at the same Air Force Base. Tracy was accustomed to moving frequently with her father due to his military service by living in various places around the world. “We never knew what it was like to stay in one place,” he said. The couple married in 1990 at Carswell AFB, Texas. Judge Gonzalez remained on active duty for four plus years serving in multiple assignments at Offutt Air Force Base in Nebraska. In 1990 he served on the Joint Strategic Target Planning Staff, the Joint Chiefs of Staff nuclear war planning staff. During a war exercise prior to Desert Storm, he was a member of the U.S. Central Command battle staff under General Norman Schwarzkopf. In 1992 Judge Gonzalez left active duty service to attend law school at Creighton University in Omaha, Nebraska. He graduated from law school in 1995 and completed thirty hours towards a master’s degree in International Relations. During law
8 www.tarrantbar.org
▪ MAY/JUNE 2021
school he interned with the U.S. Attorney’s office and worked for the firm of Schmidt, Mooney & Frederick in Omaha, Nebraska.
Tarrant County District Attorney’s Office
After law school Judge Gonzalez accepted a position with the Tarrant County District Attorney’s Office. The move was a return for him and his wife who for a time lived in Fort Worth when her Father was assigned to Carswell AFB. As a trial prosecutor in the Tarrant County Criminal District Attorney’s office Gonzalez prosecuted over 80 jury trials and had many bench trials.
Private Practice
In 1998 Judge Gonzalez left the District Attorney’s Office and formed the firm of Brown & Gonzalez, P.C., where he provided criminal defense representation to clients in federal and state courts at all levels of prosecutions and on appeal. After the events of September 11, 2001, Judge Gonzalez returned to the Air Force Reserves and served with the 917th Operational Support Flight, Barksdale Air Force Base in Louisiana. He provided intelligence support to B-52H bomber crews and A-10 pilots deployed in combat action in Operation Enduring Freedom and Operation Iraqi Freedom. For his service he was awarded the United States Meritorious Service Medal and the National Defense Service Medal (second award). While serving in the USAF Reserves, he maintained his solo criminal trial and appellate practice. Besides being a member of the Texas and American Bar Association, Judge Gonzalez was an advisory board member of the Tarrant County Criminal Justice Task Force and a member of the board of directors for the Fort Worth Hispanic Chamber of Commerce. He served as a commissioner on the City of Fort Worth, Human Relations Commission, from 1998 to 2001.
432nd Judicial District Court
In 2009, Governor Rick Perry appointed Gonzalez to the 432nd District Court. But in the spring of 2010, he faced a primary race when attorney Tom Zachary opposed him in the Republican primary. Zachary won the nomination but died shortly thereafter, leaving a vacancy in the position. The County Republican Party Executive Committee voted to place Judge Gonzalez on the ballot and he won the election in the fall. In 2014 Judge Gonzalez ran for reelection and was opposed by Steve Gephardt in the Republican primary. Gonzalez won the election with 50.8 percent of the vote and faced no opposition in the general election. In 2018 he ran unopposed in the
Republican primary and general election. Since taking office, the Judge has managed thousands of cases, approximately 200 jury trials, and two capital murder jury trials. The Judge supervises the Drug Rehabilitation Enhanced Comprehensive Treatment (DIRECT), which is a drug specialty court that works to permanently remove drugs from the lives of the criminal defendants. The court offers the offenders intensive treatment as a judicially supervised probation option. Judge Gonzalez is the chairman of the 2021 Tarrant County Juvenile Board.
Covid-19
Due to the pandemic, Judge Gonzalez has not conducted any trials in the past year based upon the Texas Supreme Court’s emergency orders. There are no in-person hearings, only Zoom hearings. Monday mornings are generally plea hearings that can last into the afternoon. Other hearings occur at the request of the parties throughout the workdays. The Judge stresses the need for attorneys to be prepared before appearing in court. The Judge dislikes requests for continuances, however the court is reasonable based upon
the circumstances underlying the requests. When attorneys have scheduling conflicts, he appreciates the attorneys raising the issue as soon as possible to minimize the impact of on the participant’s time and increase the court’s efficiency. He examines the continuance requested and age of the case in light of the case’s over all status. Under the current epidemic circumstances, the Judge expects the attorneys to be flexible and work with each other. “I expect the lawyers to be respectful and confer and agree if possible on evidentiary matters so that both sides will be able speed up the hearings to concisely present their cases to the court,” he said. Judge Gonzalez and Tracy proudly have four sons and spend all their free time raising them. Their oldest son is an U.S. Air Force Academy graduate and is now an active duty Air Force officer. Their second son is near completing his master’s in accounting at Texas Tech and has accepted a position with KPMG. Their third son is a junior at the University of Oklahoma studying accounting, and the youngest is a junior at Nolan Catholic High School. g
MAY/JUNE 2021
▪ TCBA BULLETIN 9
Lawyers on the Move &
Welcome New Members of the TCBA: ATTORNEYS Amy J. Albert Brian Bolton Linda Castillo Kayla Harrington Aarika Nicolle Johnson Joe Judd Victoria McDowellDrew Manda Mosely Maier Christine Mazurek Jennifer Rutherford McClure Stanley Peavy, III Preston B. Sawyer Katherine Escalante Soley Ellen Sorrells B. Lynn Stavinoha LaWanda Thomas McLane Thompson Christopher Tolbert Jared Wood Jason Wright
PARALEGALS Cathy Frasier
STUDENTS Ebony Cormier Jessica Hart Dwij Patel Ian Perez-Routledge Heather L. Phillips
Mr. Mark G. Daniel, local lawyer and Past President of TCBA, is being inducted into the Texas Criminal Defense Lawyers Hall of Fame on June 26, 2021 at an awards ceremony in San Antonio. Criteria includes a minimum of thirty (30) years of active practice in the area of criminal defense, extraordinary results in the area of defending persons accused in criminal accusations, significant contributions to the legal profession, and commitment to the defense of persons accused.
in the News
John S. Polzer has joined Duane Morris LLP as Partner in the Dallas office. Prior to joining the firm, Mr. Polzer practiced for fourteen (14) years with Cantey Hanger LLP. He may be reached at 100 Crescent Court, Suite 1200, Dallas, TX 75201, jspolzer@duanemorris.com, 214.853.5811. g
If you are a TCBA member and would like to place an announcement in the Bar Bulletin, we would like to hear from you. Please submit information by email to elizabeth@tarrantbar.org.
Membership Report - It’s Time to Renew Your TCBA Membership for 2021–2022!
A
s this bar year comes to a close, we can reflect on the great strides we’ve made to continue bringing our members the best service and resources amidst having to adapt to this past year’s challenges. Through sections, committees, and general TCBA programming, we’ve offered over 60 hours of free or reducedcost CLE webinars to keep you up to date on the latest legal community news and provide you with opportunities to virtually connect with your peers. In an effort to ensure you are getting the most of your membership investment, we’ve recently made some updates to our website to make it easier for the end user to take advantage of memberexclusive website features. Collecting CLE hours is now easier than ever with our CLE on Demand page. Visit the CLE on Demand page at www. tarrantbar.org/cleondemand to take advantage of over 19 hours of FREE CLE that is available to you 24/7. If you’ve not previously logged into the TCBA website or if you’re interested in learning more about member-exclusive website features, visit our new Member Resource Center at www. tarrantbar.org/memberresourcecenter. The page contains website tutorial videos as well as step -by-step guides showing how you can register for events, create new login credentials, and access
10 www.tarrantbar.org
▪ MAY/JUNE 2021
your MyTCBA portal. We encourage you to continue taking advantage of TCBA member benefits and perks by renewing your membership for the 2021–2022 TCBA Bar Year. Your renewal invoice will be emailed to you in May. Avoid losing your member benefits by renewing early via your MyTCBA portal. If you have any questions regarding your membership investment or the website, please email me at laurensc@tarrantbar.org and I would be happy to help! As always, thank you for your continued support of the TCBA and we look forward to seeing you again soon! g Lauren St. Clair Membership Director
MAY/JUNE 2021
▪ TCBA BULLETIN 11
12 www.tarrantbar.org
▪ MAY/JUNE 2021
MAY/JUNE 2021
▪ TCBA BULLETIN 13
Tarrant County Volunteer Attorney Services
T
TVAS Partners with LANWT/MHMR for Second Guardianship Clinic
his August, TVAS is partnering with the MedicalLegal Partnership of Legal Aid of NorthWest Texas and MHMR Tarrant County to provide the second Guardianship Clinic. The first clinic took place in February 2020; it included four attorneys matched with four clients. The goal of this clinic was to assist low-income residents of Tarrant County who needed to become the legal guardian of a person who had no feasible alternatives to the guardianship and had recently turned 18. All the applicants went through a diligent screening process to determine their suitability and cooperativeness. When Christina came to the clinic, she was seeking to become the guardian of her little brother Ajay. She was paired with attorney Roy Golsan, a first-time TVAS volunteer. Based on her excellent experience with the clinic, Christina wanted to share her and Ajay’s story with the hope that it would encourage other attorneys to volunteer in the future.
was 18, we would have to go through guardianship, but my mom and I had no idea what this meant. When he turned 17, it was time to figure out what to do.
Can you describe your relationship with Ajay?
Roy Golsan was my attorney. He was amazing about staying in touch. Julie [Sladek of LANWT] would check in to make sure everything was going well throughout the case. I’m just so grateful for this program! When we finally got our court date in November, I was like "thank God it’s finally here!" Sadly, our mom passed away before she could see this completed. This past year has been such a hard time in my life, and this was such a blessing. When you don’t know who to turn to, it’s just so great to not hit a dead end.
We’ve always had an amazing relationship. He’s my little brother; I’m about 15 years older than him. Our mom had health issues off and on through our whole lives, so from the day Ajay was born I was helping raise him.
What do you and Ajay like to do together?
We love to listen to music and watch movies together.
How did you hear about the clinic?
I work in the MHMR records department. Now and then I would need to send records to the attorneys working for the MLP (Julie Sladek and Ndidi Gbulie of LANWT). One day I decided to ask Julie about my options because I figured even if she couldn’t help, at least she would know who I should talk to. She told me about the clinic, and it was like an angel was sent from heaven. When I eventually found out that someone was going to take my case, I was in tears. At this point, my mom’s health was deteriorating, so it felt like finally one thing was off my shoulders.
What was your experience like with your attorney and the clinic?
How often do you get to see Ajay now?
He’s still in the group home. I get to FaceTime with him once a week. They’ve kept him and the other residents of the group home safe through Covid, but I’m looking forward to getting to see him again!
Please describe why you needed to seek guardianship of Ajay. What would you say to attorneys who are considering When he was young, he was diagnosed with Autism and Pica. volunteering? He’s nonverbal and a loner. As he was getting bigger, he was getting more violent, but not with me. He was violent with himself and our mom. He would get upset and not know how to express himself, so he’d hit the walls. I was the stern one. He understood me and would listen to me. Our mom’s health started declining. It became the best option for everyone for Ajay to go into a group home because I couldn’t protect my mom anymore. I had always heard that when Ajay
14 www.tarrantbar.org
▪ MAY/JUNE 2021
Please volunteer. You don’t understand the difference you will make in someone else’s life by doing this.
Anything else you would like to add?
I don’t think the attorneys understand the weight that is lifted off someone’s shoulders when they know they have someone who can help. g
Interested in assisting with the next guardianship clinic? JULY 14, 21, & 28 10:00 AM – 12PM
3-part CLE webinar series (credited for guardianship certification)
AUGUST 12 – Clinic
Email kayla@tarrantbar.org for more information.
Thank you to those who assisted with the TVAS/LANWT Uncontested Divorce Clinic in April! ATTORNEYS Michael Ackerman Eleonora Esparza Kamryn Caldwell Emily Goodman Ola Campbell Barry Hocking Alan Chan Joseph Young PARALEGALS Jessica Amyett Trisha Klement Susan Davis Julie Sherman MENTORS Kamryn Caldwell Lynn Rodriguez John Corbin Melissa Sircar Monique Lopez-Hinkley
LegalLine Legal Volunteer for Remote LegalLine
U P C O M I N G D AT E S May 13 | May 27 | June 10 | June 24, 2021
L
egalLine continues remotely for now! Do you have 2 hours that you can commit on a Thursday night to assist those that need legal advice in your area of expertise? Thank you to the 17 attorneys that have volunteered in the last two months. If you want to know more about volunteering, email carolina@tarrantbar.org. g
MARCH & APRIL LEGALLINE ATTORNEY VOLUNTEERS* Sue Allen Nick Bettinger Julie Camacho Ola Campbell Andrea Casanova Ndidi Gbulie Linda Gregory Bryce King Cynthia Maragoudakis
Victoria McDowell-Drew Collin McLaughlin Gary Medlin Margarita Morton Lynn Rodriguez Albert Roberts Karon Rowden Melissa Sircar *List as of 4.20.2021
Kayla Dailey Pro Bono Programs Director
Meet the newest TCBF Pro Bono Intern: Waverly Robinett What year are you in law What’s something you’re looking forward to about school? working with the pro bono programs? I am a rising 2L at Texas A&M University School of Law.
Why did you decide to pursue a career in law?
I’ve always been passionate about advocating for the rights of others, and there’s no better way to directly use the privilege and opportunities I’ve received to help others than by being a lawyer. Furthermore, I think justice is the cornerstone that our society is built on and should be afforded to every citizen with no caveats.
I’m very excited to begin working with individuals and have the direct ability to help them through a confusing and frustrating process. Trying to figure out different fields of law as an outsider is burdensome, with most people not understanding the different avenues available to them. Working as a go-between while offering a sense of relief to people during this process is something I cannot wait to begin.
What’s an interesting fact about you?
In my free time, I work as an artist creating logos, social media graphics, photography, and other various forms of commissioned art. I've created everything from math department orientation graphics to baroque-inspired dog portraits. g
MAY/JUNE 2021
▪ TCBA BULLETIN 15
TARRANT COUNTY BAR ASSOCIATION
CELEBRATING
50 YEAR ATTORNEYS “What has been your greatest achievement or lesson you have learned in your 50 years of practicing law?” “It is not the days or the years that pass quickly but the decades. Hard to be believe that it has been fifty years since my admission to the Bar. I guess that my greatest lesson over the decades is the realization that I am not an adversary but, like my father, a salesman. I did not sell a product in the traditional sense but sold an idea, theory, or a set for facts and their application to the law, whether common law or statutory, to a judge, jury or adversary. A salesman must recognize and acknowledge that it is the product and not the salesman that produces the desired result. But the salesman must know his product, its ability as well as it’s short coming and must be honest with the buyer (whether judge, jury or client).
David Casey
My greatest professional achievement was receiving the trust and confidence of my clients in representing them over the five decades. My second greatest professional achievement was being elected by the membership to positions with the Tarrant County Bar Association and the Tarrant County Bar Foundation.” —David Casey
“My greatest achievements as a lawyer have arisen from the confluence of my legal training, tax education and public company service, both in chief executive officer and board roles. In all of these capacities I have had a leadership role and have been instrumental in the founding, growth and longevity of several public companies in a large variety of sectors of the economy. Even beginning my 50th year of law practice, I continue to make deals happen and create public companies, including special purpose acquisition corporations. I have seven grandchildren, and I have learned more about life in studying art and playing golf with my little red-headed granddaughter “Scout” than in all my work and education combined.” —Gerald Haddock
Gerald Haddock “50 years! So many memories come to mind. What stands out for me is the great opportunity I have had to work with some of the very best lawyers in this nation, and right here from Fort Worth and Tarrant County, Texas.” —Albon Head
Albon Head 16 www.tarrantbar.org
▪ MAY/JUNE 2021
“My greatest achievement is living this long.” —Morty Herman
Morty Herman
“My greatest achievement is helping raise my three children who are now good citizens and self-sufficient.” —Lyndell Kirkley
Lyndell Kirkley
“I have learned a lot from my clients, which has helped me avoid many missteps; and there is some good in the worst of us and some bad in the best of us.” —Don Nix
Don Nix
“My greatest achievement is that I have managed to stay married to the same lady from undergraduate school, through law school and my career and our son and grandson make us proud.” —R.G. Russell
R.G. Russell
Lesson: “When I was a brand new prosecutor, veteran court reporter Betty Robinson told me if I wanted to be a trial lawyer to “stand up, speak out, and slow down!” It has worked for 50 years.“
J. Strickland
Achievements: “Represented Joyce Anne Brown, a Dallas woman wrongfully sentenced to life and exonerated after 10 1/2 years of imprisonment; lead prosecutor against Cullen Davis; nine years of service including five years as Chair of the Texas Board of Law Examiners followed by ten years as a Bar/bri lecturer; fifteen years inclusion in “Best Lawyers in America.”” —J. Strickland
“We are privileged to be in a profession which enables us to help solve peoples’ everyday problems and effect changes in their lives.” —Richard Ward
Richard Ward
MAY/JUNE 2021
▪ TCBA BULLETIN 17
Member Benefits Vendor List
TCBA members may take advantage of discounts provided by the following vendors: 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 Document Solutions, provides quick, efficient and reliable process service, doument scanning, printing, copying and electronic discovery, litigation displays and trial boards. We are available 24 hours 7 days a week at 817.870.0330 or at www.falcondocs.com. Discounts available to TCBA Membership. Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed material - business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817.577.0572. Fort Worth Zoo discount tickets - $13.00 adult, $10 for child or senior. For tickets, contact anne@tarrantbar.org or 817.338.4092.
18 www.tarrantbar.org
▪ MAY/JUNE 2021
For IT Help:
Juris Fabrilis - Cool Tools for Lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101.
For Shredding and Document Disposal:
Magic Shred is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Call 940.783.6580 for details. Thomson Reuters Exclusive TCBA offer of 15% off new Westlaw subscriptions or upgrades to current subscriptions*, including our latest AI enhanced platform, Westlaw Edge. Please contact your local Account Executive, Ben Galloway, for more information: Ben.Galloway@TR.com. *Restrictions apply, please contact your AE for details. g
MAY/JUNE 2021
▪ TCBA BULLETIN 19
20 www.tarrantbar.org
▪ MAY/JUNE 2021
MAY/JUNE 2021
▪ TCBA BULLETIN 21
22 www.tarrantbar.org
▪ MAY/JUNE 2021
MAY/JUNE 2021
▪ TCBA BULLETIN 23
L
aw Day, May 1 annually, is a national day set aside to celebrate the rule of law. Law Day underscores how law and the legal process contribute to the freedoms that all Americans share. In Tarrant County, the Tarrant County Bar Association and the Tarrant County Young Lawyers Association have traditionally celebrated this day by honoring and recognizing outstanding members for their service to our legal community and the community at large. The Blackstone Award has been given annually since 1963 and recognizes a legal career that exemplifies professional aptitude, integrity and courage. Steven C. Laird’s career has been this and more. The Silver Gavel Award is given to a member of the judciary who has made a substantial and noteworthy contribution to the legal profession. This year's recipient is Justice Lee Gabriel. The Professionalism Award is given to a member of the bar who has displayed outstanding professional conduct in their career. This year’s recipient is Tim Evans.
Blackstone Award
Steven C. Laird
S
teve Laird has been practicing law since 1980 and is part of the less than one-half of onepercent of Texas lawyers who hold four different board certifications, as well as an L.L.M. in Trial Advocacy. He is board certified in Personal Injury Trial Law and Civil Trial Law by the Texas Board of Legal Specialization and is also certified as a Civil Trial Specialist by the National Board of Trial Advocacy. Additionally, Steve is one of only eleven lawyers in the State of Texas who are board certified in Truck Accident Law by the National Board of Legal Specialization. Steve’s firm specializes in serious personal injury and wrongful death cases, including trucking collisions. Steve is a frequent national, state and local speaker on a variety of legal topics. He has given well over 100 presentations, papers, or articles across the nation on subjects such as evidence,
24 www.tarrantbar.org
▪ MAY/JUNE 2021
The Outstanding Young Lawyer Award recipient is given by the TCYLA and is given to a young lawyer who is recognized for their proficiency, service to the profession and service to the community. This year’s recipient is Punam Kaji. The Outstanding Mentor Award recognizes an attorney or judge who has demonstrated a commitment to mentoring young lawyers in the legal community. This year’s recipient is Leon Reed, Jr. The Liberty Bell Award recognizes an outstanding nonlawyer who has made a selfless contribution to the community by strengthening the effectiveness of the American system of justice, and by instilling a better understanding and appreciation of the law. This year’s recipient is Pamela Young.
We look forward to celebrating the following Law Day Award Recipients at a future date. More details to come. trucking collisions, torts, civility, and trial practice. He has also co-authored a book chapter on spinal cord injuries. Steve has been consistently voted as one of the top 100 “Super Lawyers” for the entire state of Texas for fifteen years (2005–2013, 2015, 2016, 2017, 2018, 2019, and 2020 by Thompson Reuters Legal, as published in Texas Law & Politics Magazine (Texas Monthly Magazine). Steve has also been selected as one of the “Best Lawyers in America” for Personal Injury Litigation, for each year from 2010 through 2020. Steve is a 2021 Inductee to the International Society of Barristers, an invitation only society of lawyers selected for excellence and professionalism in their field. Steve has also been selected as an “Attorney of Influence” by his peers, as published in Fort Worth Business Press, and has been selected multiple times as one of the top “Power Attorneys” for Tarrant County. He has also been consistently voted by members of the Tarrant County Bar as a Top Personal Injury attorney in Tarrant County, as published in Fort Worth Magazine. He received the 7th Annual Outstanding Trial Lawyer of the Year Award by Tarrant County Trial Lawyers Association for outstanding service and representation of injured and damage plaintiffs in personal injury and civil litigation in
November 2015. He received the “2018 Annual Tarrant County Bench Bar Big Heart Award” for leadership and mentoring, and the only “Perfect Attendance Award” for his attendance at 25 Annual Bench Bar Conferences (1994–2018). Steve is an active member and one of the few Plaintiff ’s attorneys in the American Law Institute, the national organization which develops the Restatements of Law. Steve has also been past president and was a charter member of the Eldon B. Mahon Chapter of the Fort Worth Inn of Court. He has served as president of the Fort Worth Chapter of the American Board of Trial Advocates and has also served as the President of TEX-ABOTA. Steve received the second annual “Professionalism Award” given by the College of the State Bar of Texas. Additionally, Steve received the Tarrant County Bar Association Professionalism Award for 2010. He has been a member of the State Bar of Texas Referral Fee Task Force Committee and Pattern Jury Charge Committee. He has also chaired the State Bar of Texas Advertising Review Committee. Steve was unanimously appointed by the Texas Supreme Court to serve on the Professional Ethics Committee. He been elected as a Director for the Tarrant County Bar Association for multiple terms and has also been a Director of the Tarrant County Bar Foundation. He is also a board member of the Academy of Truck Accident Attorneys, and is on its Board of Regents. The Texas Young Lawyers Association selected Steve as the Outstanding Young Lawyer of Texas in 1988 from over twenty thousand lawyers under the age of 35. He was also selected as the Outstanding Young Lawyer of Tarrant County that same year. Steve is a member of the American Association for Justice. He has been a Director of the Texas Trial Lawyers Association and has chaired numerous committees for that organization. He is a past-president of the Tarrant County Trial Lawyers Association. Steve received his undergraduate degree in business at Texas Tech University (B.B.A.), a Masters of Business Administration degree from Texas Christian University (M.B.A.), his law degree from South Texas College of Law (Law Review, J.D.), and his Master of Laws Degree in Trial Advocacy, with Honors, from Temple University School of Law in Philadelphia (L.L.M.). He received the United States Army Commendation Medal before being honorably discharged from the Army in 1974.
Silver Gavel Award
Justice Lee Gabriel
J
ustice Lee Gabriel was born in Fort Worth and grew up in San Angelo. She received her B.A., with honors, in Political Science from Texas Tech University and graduated from Texas Tech University School of Law cum laude. She served as a law clerk for the Honorable Halbert O.Woodward, Chief Federal District Judge for the Northern District of Texas for two years. Justice Gabriel moved to Denton to work as a felony prosecutor for the Denton County District Attorney's Office. While working as an Assistant District Attorney, she became Board Certified in Criminal Law by the Texas Board of Legal Specialization. She was promoted to the position of First Assistant District Attorney in 1986. In 1989, Justice Gabriel was appointed as the first District Judge of the 367th District Court in Denton County by Governor William P. Clements. She presided in that general jurisdiction court for over 20 years. In July of 2010, Governor Rick Perry appointed her to the position of Justice, Place 7 of the Second Court of Appeals, where she served until retiring in December 2020. She currently serves as a Senior Court of Appeals Judge and sits by assignment. She previously served as the Chair of the Judicial Section of the State Bar of Texas’ Ethics Committee and Chair of the Board of Directors of the Texas Center for the Judiciary. She also served as a member of the Judicial Conduct Commission. In 2013, Justice Gabriel was certified by the Texas Board of Legal Specialization in the area of Criminal Appellate Law. She also teaches as an Adjunct Professor and coaches a mock trial team at Texas A&M University School of Law.
Professionalism Award
Tim Evans
T
im Evans was born in Fort Worth, Texas, and obtained his BA from Texas Tech University in 1967. He obtained his Juris Doctor in 1969 from Texas Tech School of Law, and served as Assistant District Attorney, Tarrant County from 1970-1976. Tim has represented criminal defense clients in Fort Worth, as well as across Texas and the nation. He has been Certified as a Criminal Law Specialist by the Texas Board of Legal Specialization since 1977. He has been selected as the President of the Texas Criminal Defense Lawyers Association (1990-1991); Member of the Board of Directors of the National
MAY/JUNE 2021
▪ TCBA BULLETIN 25
Association of Criminal Defense Lawyers (1990-1996); the Outstanding Criminal Defense Lawyer of the Year by the State Bar of Texas (1987), and the Chairman of the Criminal Justice Section of the State Bar of Texas (1991-1992). Tim Evans received the Blackstone Award from the Tarrant County Bar Association in 2011. He is also in the Texas Criminal Defense Lawyers Hall of Fame.
Outstanding Young Lawyer Award
Punam Kaji
P
unam Kaji is Assistant General Counsel at Ben E. Keith Company, a food and alcohol distributor. Her practice focuses on employment and litigation matters for the Company, which has about 5000 employees working in 14 states. She is Board Certified in Labor and Employment law. In addition to managing a litigation docket, Punam works closely with human resources on training, policies, and other
proactive measures. Punam’s expertise comes from years of counseling and litigating employment law matters for clients while working at Haynes and Boone, LLP in the firm’s Fort Worth, Dallas, and Houston offices. Punam has been recognized for her excellent lawyer on numerous occasions. Fort Worth Magazine and 360 West Magazine recognized her as a Top Lawyer, and the ACC-DFW Chapter named her a Finalist for a Senior Corporate Award in 2019. When Punam is not handling labor and employment issues, she serves her community and the Bar. She serves on the Diversity Committee of the Tarrant County Bar Association and co-organized a recent 10-part discussion series with Fort Worth attorney and leader, Harrison Smith. The discussion has focused on racial justice in the legal field and beyond, and is coupled with a Book Club for continued learning on systematic racism, history, and how we can move forward. In 2020, the State Bar of Texas appointed Punam to the 15-member Diversity Taskforce. She is the past Chair of the Asian Pacific Interest Section of the State Bar of Texas. As Chair, she organized a statewide conference for APIS members in Austin, Texas. She has served on the board of the South Asian Bar Association of Houston (SABA Houston) and as a committee chairperson of the Dallas Asian American Bar Association (DAABA). In 2020, Punam and seven other Asian American women lawyers in DFW started an organization called The Podium. The Podium amplifies the voices of Asian American women in the legal profession and creates authentic connections for its members. This year Punam was named a Finalist for Achievement
26 www.tarrantbar.org
▪ MAY/JUNE 2021
in Diversity and Inclusion by the ACC-DFW. In 2013, she was recognized as DAABA’s Member of the Year. In 2016, she received the Outstanding Public Service Award by SABA Houston. She has served on the board of various non-profit organizations in Houston and Dallas. She is currently on the board of New Leaders Council Dallas as the Mentorship Chair and a past fellow of the leadership program. She is on the board of WiseUp TX, a nonprofit for South Asian Texans to become more engaged citizens. Punam regularly speaks at conferences and other venues regarding the journey of the legal profession, employment law, and diversity and inclusion. Punam graduated from SMU Dedman School of Law and the University of Texas at Austin for her undergraduate studies. She was born and raised in San Antonio, Texas, and after living in San Antonio, Austin, Houston, and Dallas, she lovingly claims that every city in Texas is her hometown. Punam is the daughter of immigrants from India, and her family has been in Texas for forty years. She enjoys travel and food (you can follow her food adventures on Instagram @eatsbyPK). She lives in DFW with her husband and her cat.
Outstanding Mentor Award
Leon Reed, Jr.
L
eon Reed, Jr. was raised and still resides in the community of Como in West Fort Worth. In high school, he was fortunate enough to attend both Trimble Technical High School and Western Hills High School – at the same time. He started each day at Trimble Tech, where he took engineering and drafting classes. During the third period of each day, he would drive to Western Hills and complete the balance of his studies. Attending both high schools gave him the opportunity to establish friendships and bonds with people throughout Fort Worth. Ultimately, his diploma came from Western Hills, but his bonds with his Tech classmates still run deep, and Mr. Reed attended both schools’ reunions. Mr. Reed is a proud and active member of Como 1st Missionary Baptist Church under the spiritual guidance of Pastor Kenneth Jones, Jr. He has been praising in the choir since his days at Leonard Middle School, and has served as Choir President, Assistant Director, and a member of our Praise and Worship Team. Mr. Reed also does community service with Omega Psi Phi Fraternity, Inc., and the Como Community Center. Mr. Reed is a United States Marine and served seven years in the Corps. A Marine Corps mantra is “Lead, follow, or get out of the way!” These are words Mr. Reed still lives by today. During his time in the Corps, Mr. Reed received several honors and awards including meritorious promotions,
certificates of commendation, and medals. At 20 years old, Mr. Reed was one of the youngest sergeants in the Marine Corps. Among other assignments and duties, Mr. Reed served as a Marine Security Guard (embassy guard) and worked closely with the Department of State. He guarded the US embassy in Lagos, Nigeria, Togo, Lome, and Bridgetown, Barbados – protecting classified material and personnel. While stationed in Barbados, Mr. Reed revised the embassy’s protocols for handling mobs, intruders, and bomb threats. At each duty station and Marine Corps training school, Mr. Reed was consistently one of the top Marines. He was honorably discharged from the Corps in 1993 and achieved a final ranking of Staff Sergeant (E-6). Mr. Reed still strives to use the Marine Corps Leadership Traits and Principles in his daily life. Mr. Reed is a graduate of Texas Christian University, attaining a Bachelor of Science degree in Political Science while minoring in history, with a military emphasis. At TCU, he was on the Student Concerns Committee Chair for two years, a Frog Camp Facilitator for four years, and a co-founder of the TCU Hyper Frogs spirit organization. Mr. Reed also was selected as one of the students who met with trustees annually to address concerns. Mr. Reed appeared in a televised Public Service Announcement as well as written publications for TCU, culminating in a Student Leadership Award. After TCU, Mr. Reed attended Texas Tech University School of Law, graduating with his Doctorate of Jurisprudence in 2003. He was one of the initial graduates of the Law School’s Criminal Prosecution Clinic and its Civil Litigation Clinic. He also directly mentored and counseled student-athletes from Texas Tech’s football, track, basketball, volleyball, tennis, and softball teams. After earning his Doctorate of Jurisprudence from Texas Tech School of Law, Mr. Reed returned to Fort Worth and started his practice, The Law Office of Leon Reed, Jr. Mr. Reed ran for Judge of Count Criminal Court #2 in 2014. He is a frequent nominee for “Tarrant County Top Attorney - Criminal Law” in Fort Worth Magazine.
roles in the community. Pamela is the lead criminal-justice organizer at United Fort Worth. This organization empowers Black, Latinx, and other historically marginalized and working-class communities to collectively fight for justice by challenging discriminatory policies and oppressive systems. In the Spring of 2020, Pamela spearheaded the Tarrant County Community Bail Fund to help free people trapped inside squalid county jails during the global pandemic, after petitioning local legal system officials to decarcerate and consider compassionate release, fell on deaf ears. TCC Bail Fund continues to free people from local jails who are only there because they are poor. Pamela is also the lead organizer for the Tarrant County Coalition for Community Oversight. Through TCCCO, Pamela and other organizers are working to ensure that effective, independent community police oversight is implemented in the city of Fort Worth, and eventually in neighboring cities. Pamela is active in local electoral politics and voter engagement as well. In 2020, through United Fort Worth, she helped lead a campaign to get a “New Sheriff Now” in Tarrant County, in the midst of the deadliest year Tarrant County jail had seen to date. Although the campaign was not successful in electing a new sheriff, it was instrumental in shedding light on and bringing national attention to the deadly conditions in the jail that were continually overlooked by local officials. Pamela has also done extensive volunteer work with Faith In Texas and its LIVE FREE campaign, which focuses on ending gun violence, police brutality and mass incarceration through a Black and Brown directly-impacted lens, as well as with Mothers Against Police Brutality, which provides support for surviving families, advocacy and policy change. Pamela works tirelessly and selflessly to ensure her community is empowered to fight for justice for all. g
Connect with us on
Liberty Bell Award
Pamela Young
P
amela Young is a life-long resident of Fort Worth. Pamela graduated from Southern Methodist University with a Bachelor of Arts in Electronic Media and Film, with an emphasis on Television Production and a minor in Public Relations. After graduation, she worked as a television producer for 15 years before leaving the television industry to become a full-time community organizer. She now serves multiple
Tarrant County Bar Association https://www.linkedin.com/company/ tarrant-county-bar-association
Tarrant County Bar Foundation https://www.linkedin.com/company/ tarrant-county-bar-foundation MAY/JUNE 2021
▪ TCBA BULLETIN 27
CLE
Corner
TCBA Offers Free and Low Cost Online CLE to Its Members: Section Webinars:
Business Litigation/Construction Law Sections
Appellate Law Section
Construction Law Section
Section members can access free online CLE that is available on the section’s e-community. If you are not a member of a section and want to access a particular recorded CLE, visit www.tarrantbar.org/cleondemand or contact Lauren St. Clair at laurensc@tarrantbar.org to purchase the recording. Topic: Brain Break with the Fourteenth Court Houston Moderator: Jody Sanders, Kelly Hart Judicial Panel: • Justice Tracy Christopher • Justice Kevin Jewell CLE: .5 hour of Ethics (FREE to TCBA Members) Topic: Brain Break with the Fifth Court Dallas Moderator: Jody Sanders, Kelly Hart Judicial Panel: • Chief Justice Robert D. Burns III • Justice Cory L. Carlyle • Justice John G. Browning CLE: .5 hour of Ethics (FREE to TCBA Members) Topic: The Office of Solicitor General: Twenty Years of Representing Texas’s Interests Speaker: Kyle Hawkins, Solicitor General CLE: .75 hour
Appellate /Business Litigation Law Sections
Topic: Proof and Pitfalls in Seeking Recovery of Attorney’s Fees Speaker: Justice Mike Wallach, Second Court of Appeals CLE: 1 hour
Bankruptcy Law Section
Topic: Bankruptcy Court Procedures During Pandemic and Other Updates Panelists: • Bankruptcy Judge Mark Mullin • Bankruptcy Judge E. Lee Morris CLE: .5 hour (FREE to TCBA Members) Topic: General Order 2021-01, Ten Ways This Impacts Your Chapter 13 Practice Speaker: Mark French, The Law Office of Mark B. French CLE: 1 hour
Business Litigation Section
Topic: Top Ten Changes Under the New Amended Rules of Civil Procedure Speakers: Graigory B. Fancher and Brittany A. Weaver, Bourland, Wall & Wenzel, P.C. CLE: .5 hour (FREE to TCBA Members)
28 www.tarrantbar.org
▪ MAY/JUNE 2021
Topic: Zoom Trials - Lessons Learned in the First Fully Zoom Trial Speaker: Judge Nicholas Chu, Justice of the Peace, Pct. 5 Travis County, Texas CLE: 1 hour Topic: The Intersection of Contracts and Technology Speakers: Christian Blomdahl, Suffolk; Grant Hagen, The Beck Group CLE: 1 hour Topic: Issues in Commercial Construction Bankruptcies Speaker: Jason Kennedy, Harrison Steck, P.C. CLE: 1 hour
Corporate Counsel/Labor & Employment Law Sections
Topic: Arbitrarily Selecting Black Arbitrators for Employment Discrimination Disputes Speaker: Professor Michael Green, Texas A&M School of Law CLE: .75 hour
Criminal Law/Labor and Employment Sections
Topic: Cybersecurity: Emerging Threats and the Legal Landscape Speaker: Kathryn Childress, BakerHostetler CLE: 0.75 (FREE to TCBA Members)
Energy Law Section
Topic: Surface Conflicts in Oil & Gas Development – Accommodation Doctrine & Excessive Use Speakers: Graham Simms and Wesley D. Lloyd, Freeman Mills, P.C. CLE: 1 hour (FREE to TCBA Members)
Environmental Law Section
Topic: State and Federal Environmental Agency Update Speakers: James MGuire, Regional Counsel for EPA Region 6 and Erin Chancellor, Director for the TCEQ Office of Legal Services CLE: 1 hour (FREE to TCBA Members)
Fort Worth Business & Estate Section
Topic: Estate Planning, Probate Administrations, and Previous Representations – Can I Do It All? Speaker: Judge Brooke Allen, Probate Court No. 2 CLE: 1 hour Topic: Economic Update with COVID-19 and Post-Election Speaker: Lauren Goodwin, CFA®, Director of Portfolio Strategy at New York Life Investments CLE: 1 hour
Topic: The Riley Case: A Comprehensive Charitable Estate Planning Case for a Business Owning Family Speaker: Phil Cubeta, CLU, ChFC, CAP, AEP, The Wallace Chair in Philanthropy at The American College of Financial Services CLE: 1 hour Topic: Recent Developments in Estate Planning Speaker: Professor Stanley Johanson, The University of Texas at Austin School of Law CLE: 1 hour Topic: Hot Topics in Estate Planning Speakers: Steve Ackers, Bessemer Trust; Mike Bourland, Bourland Wall & Wenzel, P.C.; John Porter, Baker Botts, LLP; Lee Schwemer, Former Supervisory Attorney (Estate Tax), IRS; Current Lecturer - UTA CLE: 1 hour Topic: National Economic Update Speaker: Joe Tracy, Executive Vice President and Senior Advisor to the President - Federal Reserve Bank of Dallas CLE: 1 hour
Real Estate Section
Topic: The Crossroads of Real Estate and Personal Injury Law Speaker: Kris Landrith, Landrith & Kulesz, L.L.P. CLE: 1 hour (FREE to TCBA Members) Topic: Real Estate and Securities Law Speaker: John R. Fahy, Whitaker Chalk Swindle & Schwartz PLLC CLE: 1 hour (FREE to TCBA Members) Topic: Lessons Learned Related to Water in a Real Estate Transaction Speaker: Mark McPherson, McPherson Law Firm, PLLC CLE: .75 hour (FREE to TCBA Members) Topic: Evictions in the Era of Covid-19 Speaker: Sam Johndroe, Johndroe Law, PLLC CLE: .75 hour (FREE to TCBA Members) Topic: Intersections of Real Property and Family Law in Texas Speaker: Martin Garcia, Simplified Title Company CLE: .75 hour (FREE to TCBA Members) Topic: Intersections of Real Property and Immigration Law in Texas Speaker: Shae Armstrong, Partner, Stinson LLP CLE: 1 hour (FREE to TCBA Members) Topic: Real Estate and Bankruptcy: Issues that May Arise in light of Covid-19 Speaker: Machir Stull, Cantey Hanger LLP CLE: 1 hour (FREE to TCBA Members)
Missed a Brown Bag CLE?
Check out the recordings below and watch at your convenience. Visit www.tarrantbar.org/cleondemand or contact Lauren St. Clair at laurensc@tarrantbar.org to purchase the recording.
Brown Bag Seminar (Webinar)
Topic: Probate CLE: 3.5 hours Presentations include: Moderator: Angel Williams, Assistant Criminal District Attorney • Judicial Panel (Judge Chris Ponder, Probate Court 1; Judge Brooke Allen, Probate Court 2) • Heirships (Sue Allen, Allen Law Firm) • TROs, TIs and Ancillaries (Kathy Roux, Law Office of Kathy Roux) • Alternatives to Administration (Jerry “JC” Brooks, JC Brooks Law Firm) • Beneficiary Management Strategies–for the Executor and Trustee (Natalie Brackett, Bourland, Wall & Wenzel, P.C.)
Brown Bag Seminar (Webinar)
Topic: Federal/Procedural CLE: 3 hours Presentations include: Moderator: Thomas Williams, Haynes and Boone, LLP • Removal and Remand (Philip Vickers, Cantey Hanger LLP) • Scheduling and Pre-Trial Process for Civil Cases (Honorable Paul D. Stickney, Judge, United States District Court, Northern District of Texas) • Summary Judgments in Federal (Jibril Greene, Quilling, Selander, Lownds, Winslett and Moser, P.C.) • Federal Court Criminal Practice – The Basics (Cody Cofer, Cofer Luster Law Firm, P.C.; Douglas Green, Greene Law Firm, P.C.) • Practicing before Magistrate Judges in the Fort Worth Division (Honorable Jeffrey L. Cureton, Judge, United States District Court, Northern District of Texas) • Practicing in the Fort Worth Division (Honorable Mark T. Pittman, Judge, United States District Court, Northern District of Texas)
Brown Bag Seminar (Webinar)
Topic: Appellate Law CLE: 4 hours Presentations include: Handling Appeals in an Unappealing Time Moderator: Jeanette E. Walston Strange, ACDA, Post-Conviction, Tarrant County Criminal District Attorney’s Office • Real Appeals of Virtual Trials (Judge Emily Miskel, 470th District Court, Collin County) • Covid-19 Writ Litigation in the Court of Criminal Appeals (Michael Falkenberg, Supervising Attorney, Post-Conviction Writs Section Court of Criminal Appeals of Texas) • Lights, Camera, Appellate Record: Preserving Error at Remote Hearings (Moderator: Alex Wilson Albright, Alexander Dubose & Jefferson LLP (Austin); Panelists: Bill Boyce, Alexander Dubose & Jefferson LLP (Houston); Kirsten M. Castañeda, Alexander Dubose & Jefferson LLP (Dallas)) • On the Lege: A Preview of the 87th Legislature (Jerry Bullard, Adams, Lynch & Loftin, P.C.) • Lawyer Wellness in the Age of the Coronavirus (Chris
MAY/JUNE 2021
▪ TCBA BULLETIN 29
• •
Ritter, Director, Texas Lawyers’ Assistance Program) The Impact of Covid-19 on the Texas Courts: Challenges and Opportunities (David Slayton, Administrative Director, Texas Office of Court Administration) Zoom Oral Arguments in Texas Appellate Courts (Blake Hawthorne, Clerk, Supreme Court of Texas)
Brown Bag Seminar (Webinar)
Topic: Bankruptcy and Real Estate CLE: 3 hours Presentations include: Moderator: Brian Singleterry, Cantey Hanger LLP • Construction Project-Owner Bankruptcy: Lien Priorities and Other Issues (Jason Kennedy, Harrison Steck, P.C.) • Intersections Between Bankruptcy and Real Estate (Machir Stull, Cantey Hanger LLP) • Claims that Survive Bankruptcy (Mike McBride, J. Michael McBride, P.C.) • Bankruptcy Court Updates and Practice Tips (Honorable Mark Mullin, Judge, U.S. Bankruptcy Court Northern District of Texas) • The Landlord/Tenant Relationship Within the Bankruptcy Context (Katherine Hopkins, Kelly Hart) • Tips and Tricks with Frequently Used Real Estate Documents (Robert Ginsburg, McDonald Sanders, P.C.)
Brown Bag Seminar (Webinar)
Topic: Ethics CLE: 3 hours of Ethics Presentations include: Moderator: Brian Singleterry, Cantey Hanger LLP • Tips and Traps to Avoid Malpractice (Robert Tobey, Tips and Traps to Avoid Malpractice) • Law Practice Disruptions (Charles Awalt, Charles H. Awalt Law Office; Dwayne Smith, Gardner & Smith, PLLC) • Diversion Program Ethics (Leon Reed, The Law Office of Leon Reed, Jr.) • Professional Ethics (Honorable Hal R. Ray, Jr., United States District Court, Northern District of Texas) • Technology Ethics (Miles Brissette, The Law Offices of Gill & Brissette - not a partnership; Bob Gill, The Law Offices of Gill & Brissette - not a partnership)
Brown Bag Seminar (Webinar)
Topic: Quick Hits for Navigating Covid-19 CLE: 3.25 hours, including 1 hour ethics Presentations include: Moderator: Brian Singleterry, Cantey Hanger LLP • Employment Issues (Caroline Harrison, Pham Harrison, LLP; Jason Smith, Law Office of Jason Smith) • Virtual Mediations and Ethical Implications (Jennifer Caldwell, Jennifer M. Caldwell, P.C.) • Bankruptcy Issues (Mark French, Law Office of Mark B. French) • CARES Act – Small Business Incentives (Professor William Byrnes, Texas A&M School of Law; Professor Neal Newman,
30 www.tarrantbar.org
▪ MAY/JUNE 2021
•
Texas A&M School of Law) Judicial Panel (Judge Brooke Allen, Probate Court 2; Judge Patricia Bennett, 360th District Court; Judge Kimberly Fitzpatrick, 342nd District Court; Judge Chris Wolfe, 213th District Court)
Brown Bag Seminar (Webinar)
Topic: Real Estate, Construction, Planning and Zoning CLE: 3.0 hours Presentations include: Moderator: Mary Barkley, Cantey Hanger LLP • Texas Ad Valorem Property Tax Litigation (Preston J. Dugas III, Preston Dugas Law Firm, PLLC) • Planning and Zoning Law (Justin Light, Pope, Hardwicke, Christie, Schell, Kelly & Taplett, L.L.P.) • Emerging Issues in Real Estate Drafting (Suzanne Frossard, M. Suzanne Frossard, P.C.) • Texas Lien Law Summary (Stephen D. Harrison, Harrison Steck P. C.) • Updates on Texas Construction Law (Cara Kennemer, Underwood Law Firm)
Brown Bag Seminar (Webinar)
Topic: “Pot-Pourri” CLE: 3.0 hours Presentations include: Moderator: Sherry Armstrong, The Law Office of Sherry R. Armstrong • Cannabis Law Issues (Benson Varghese, Varghese Summersett PLLC-Defense) • Cannabis Law Issues (David Alex, Tarrant County Criminal District Attorney’s Office-Prosecutor) • “Growing the Texas Cannabis Market: State and Federal Cannabis Legislation Now and Tomorrow” (Leslie Ritchie Robnett, Kelly Hart) • Trademark Registration Issues for Businesses (Lee Hunt, Brackett & Ellis, P.C.) • Landlord/Tenant (Veronica Chavez Law, Brackett & Ellis, P.C.) • Judicial Panel (Judge Mollee Westfall, 371st District Court; Associate Judge Lindsay DeVos, 231st District Court)
Appointment Wheel CLE (Webinar)
Topic: Juvenile Law CLE: 4.0 hours Presentations include: Moderator: Angel Williams, Assistant City District Attorney • Departmental Overview and Specialty Program (Tarrant County Juvenile Services) • Public Access to Juvenile Proceedings (Brian Willett, Willett Law Office, PLLC) • Evidence in Juvenile Cases (Lane D. Thibodeaux, Law Office of Lane D. Thibodeaux) • Determine Sentencing & Juvenile Certifications (Kevin Boneberg, Tarrant County Criminal District Attorney’s Office; Zane Reid, Tarrant County Criminal District Attorney’s
• •
Office) The Importance of Youth Voice in Court (Dylan Moench, Supreme Court of Texas Children’s Center Commission) Juvenile Dispositions (Frank Adler, Frank Adler Law Office)
Free to TCBA Members:
Covid-19 Task Force Presents: Tarrant County Family Courts Covid-19 Update (Webinar)
CLE: 2 hours Moderator: Kim Naylor, TCBA Task Force Board Liaison and 2020-2021 TCBA President-Elect Judicial Panel: • Judge Jesse Nevarez, Jr. (231st District Court) • Judge Kenneth E. Newell (233rd District Court) • Judge James Munford (322nd District Court) • Judge Jerome S. Hennigan (324th District Court) • Judge Judith Wells (325th District Court) • Judge Patricia Baca Bennett (360th District Court) • Judge Cherami Jenkins (IV-D Court No. 2)
Covid-19 Task Force Presents: Tarrant County Civil Courts Covid-19 Update (Webinar) CLE: 2 hours Moderator: Nick Bettinger, TCBA Task Force Co-Chair and TCBA Past President (2017-2018) Judicial Panel: • Judge David Evans (48th District Court) • Judge Don Cosby (67th District Court) • Judge Susan Heygood McCoy (153rd District Court) • Judge Josh Burgess (352nd District Court) • Judge Mike Hrabal (County Court At Law No. 3)
Covid-19 Task Force Presents: Tarrant County Criminal Courts Covid-19 Update (Webinar) CLE: 2 hours Moderator: Sherry Armstrong, 2020-2021 TCBA Board Director Judicial Panel: • Judge George Gallagher (396th District Court) • Judge Robb Catalano (Criminal District Court No. 3) • Judge Brent Carr (County Criminal Court No. 9) • Judge Deborah Nekhom (County Criminal Court No. 4) • Judge David Cook (County Criminal Court No. 1)
Lessons Learned From 157 Zoom Mediations: Maximizing Your Effectiveness in Your Next Zoom Mediation Presenters: Beth Krugler and John Brookman CLE: 1 hour
Other Online Seminars Available (with no CLE) Solo & Small Firm Section Webinar
Topic: Turning Attorneys into Wildly Effective Sales Rainmakers Speaker: Mark Steele, Certified FocalPoint Business Coach
Tarrant County Young Lawyers Association Webinar Topic: Busy World, Calm Mind: Using Mindfulness to Alleviate Stress and Live with Purpose Speaker: Dr. Kathryn Soule, PhD, LPC, Soule Therapy
Wellness Connections Committee Program
Topic: Start the New Year with Danielle Vaughn Speaker: Danielle Vaughn, Life Coach and Meditation Teacher Topic: Attorney Wellness – Mindfulness Meditation Speaker: Mary Colchin Johndroe, Of Counsel, Cantey Hanger LLP Topic: The Art of Saying No Speaker: Kate Casey, JD, LPC, Autumn Ridge Counseling and Wellness in Southlake Topic: Office Workshop – Pilates at Your Desk Speaker: Laura West Strawser, Pilates Instructor at the School for Classical and Contemporary Dance at Texas Christian University Topic: Cooking Demonstration & Menu Planning Speaker: Ed Soto, Culinary Director at Fount Board and Table in Dallas’s Uptown neighborhood
Covid-19 Task Force
Topic: Remote Working Tips Speakers: Nick Bettinger, McDonald Sanders, P.C. Jim Zadeh, Law Office of Jim Zadeh, P.C.
Transition to Practice Webinar
Topic: Thinking, Going, Gone Solo: Considerations for Every Stage of the Journey CLE: 1 hour with .5 hour Ethics
SBOT Rules Vote 2021
Presenters: • Lewis Kinard, Chair of the Committee on Disciplinary Rules and Referenda (CDRR) • Claude Ducloux, CDRR Member • Brad Johnson, CDRR Staff Attorney • Vincent Johnson, CDRR Member CLE: .5 hour
MAY/JUNE 2021
▪ TCBA BULLETIN 31
Lanham Act 75th Anniversary: The Life and Legacy of Fritz Lanham
By Craig Stone, Phillips 66 Company
Frederick “Fritz” G. Lanham (1880-1965) Texan, Author, Editor, Playwright, Lawyer, Congressman
T
his is a portrait of Frederick “Fritz” Garland Lanham, one of the most notable U.S. Congressmen and lawyers you have likely never come across unless you are a practicing attorney in the field of trademark law. Even today, regular IP practitioners are just now learning about the significant impact this individual had on the current federal trademark statute and the primary vehicle brand owners continue use today to secure protection and enforce their rights 75 years after the statute was enacted. Even if intellectual property is not your primary practice area, as an in-house lawyer you have undoubtedly handled or come across a trademark issue on behalf of your company. The importance of trademark protection for companies and brand owners cannot be understated. It provides the consuming public with confidence and assurance that the goods and services being sought are genuine and of a high-quality and have emanated from the legitimate source identified by the trademark or service mark. Recent figures place the value of intangible assets and goodwill at an estimated 84% of the S&P 500’s total value, or more than $20 trillion in value. Trademarks are the chief representation and embodiment of a company’s reputation and serve to create a powerful emotional relationship between brand owners and consumers. Quite literally, without trademarks and trademark protection our economy and the ability to effectively and efficiently market and sell goods and services would not be possible. Although a significant contributor across a wide scope of federal legislation and other notable projects, Fritz Lanham is most known for his influence in the field of United States federal trademark law, the primary statute of which bears his name, the “Lanham Act,” and which Congressman Lanham championed for 18 years as a U.S. Congressman until its adoption in 1946. 2021 marks the 75th anniversary of this significant piece of legislation that governs the way in which trademarks and the legal rights of brand owners are uniformly protected in our country under federal law. The Lanham Act governs federal trademark registration, trademark infringement, trademark dilution, and false advertising in the United States. This landmark piece of legislation enables consumers to confidently identify and differentiate between the hundreds
32 www.tarrantbar.org
▪ MAY/JUNE 2021
of thousands of brands inundating the marketplace every day and to distinguish, with confidence, as to the nature and quality associated with the products and services we enjoy in our daily lives. The Act was signed into law by President Harry Truman in 1946 and took effect on July 5, 1947. Today the U.S. Trademark Office receives more than 500,000 applications annually and issues on average about 350,000 federal registrations each year. Since its enactment, the Lanham Act has been cited by the United States Supreme Court in 57 decisions and by federal and state courts across the country in over 34,000 decisions. Before his illustrious career as a U.S. Congressman, Lanham earned a B.A. from the University of Texas in 1900 and pursued graduate studies in law at the University until 1903. Although he never completed his law degree, Lanham was admitted to the Texas Bar in 1909, where he practiced in his hometown of Weatherford. While at Texas, Lanham was more than just a student; he became the first editor of The Texan, the school newspaper (now known as The Daily Texan), beginning in the fall of 1900, and he held the job until early 1901. In his first editorial, Fritz said the paper’s goal should be “ultimately to please the student body.” While he acknowledged there were always two sides to every issue, he said The Texan should present only “the proper one.” Lanham wrote most frequently about the extracurricular topic that was most important to the University community—football. Congressman Lanham wore many hats throughout his successful life as a student and alumnus. He was an author, newspaper editor, and playwright and founder of The Alcalde, the alumni publication of the University of Texas, one of the most successful and widely circulated publications of its kinds today. Fritz had deep ties to Texas history and politics. He was one of eight children of Samuel and Sara Lanham. His father, Samuel Lanham, served as the 22nd Governor of the State of Texas and as a United States Congressman from Texas. It was Fritz’s father, while serving as Texas governor, who convinced him to take a year off prior to attending law school and serve as the governor’s personal secretary. It was Fritz’s introduction into the word of politics. In 1919, Lanham won a special election to Congress in Texas’s 12th congressional district (encompassing Fort Worth and Weatherford), succeeding fellow Democrat James Clifton Wilson, who resigned to accept a federal judgeship on the U.S. District Court for the Northern District of Texas.
Lanham would go on to serve in Congress from 1919-1947. Congressman Lanham was a strong supporter of President Franklin D. Roosevelt and the New Deal. While in Congress, Lanham served on several committees, including the Committee on Patents. By the time he retired, not only had Lanham left an indelible mark on American commerce, he simultaneously oversaw the construction of numerous federal buildings across the country, including participating on the planning committee for the design and construction of the U.S. Supreme Court Building. Although Fritz never practiced trademark law, he became convinced during his time in Congress that the nation’s trademark laws needed to be modernized and expanded to provide stronger protection for brand owners. Rep. Lanham introduced HR 9041 in 1938, and over the next eight years he worked tirelessly to accomplish what was called the “Herculean task” of convincing Congress to broaden trademark protection through passage of what we now call the Lanham Act—an effort that was strongly opposed by the Antitrust Division of the Department of Justice. The Lanham Act resulted in the repeal of the previously enacted acts of 1881 (narrowly protecting federal trademark registrations of foreign nations and Indian tribes) and the acts of 1905 and 1920 (prohibiting willful or intentional misrepresentation of trademarks but often considered too restrictive to be useful. Passed on July 5, 1946 and effective one year later, this federal statute (now codified under Title 15 of the United States Code) has served as the primary vehicle by which brand owners have a federal right to more broadly and effectively protect their trademarks. The statute also sets out the actions and remedies available for registered and unregistered trademark infringement under. In addition, this federal statute prohibits the importation of goods that infringe federally registered trademarks, the use of false designations or origin and trademark dilution, which protects brands with significant notoriety and fame. Most significantly, the Lanham Act allowed for additional causes of action for owners of unregistered marks. In addition, the Act eliminated the requirement of “willfulness” or “intent to deceive” as a necessary element to prevail in a trademark action under federal law. Shortly after his seminal accomplishment, Rep. Lanham retired from Congress and returned to Texas to live out his life doing the things he loved to do—reading, writing poetry, preaching on Sundays as a lay minister in the Methodist Church, and entertaining children with magic tricks. Congressman Lanham was reelected thirteen times and served with distinction until his retirement in 1946. His congressional papers are maintained at the Dolph Briscoe Center for American History at the University of Texas. After his retirement from Congress, Lanham remained in Washington to work as a lobbyist for the National Patent Council. Congressman Lanham died on July 31, 1965, at Seton Hospital in Austin, Texas. He is buried at City Greenwood Cemetery in Weatherford, Texas (due west of Fort Worth).
Lanham was truly loved by those who knew him—a consummate gentleman; a man of uncompromising standards and ethics; and a gifted politician. After Lanham’s death, the Fort Worth Star-Telegram, in a lead editorial entitled “Lanham, Gentleman of the Golden Age,” wrote: “Classically educated, courtly, urbane and eloquent, Mr. Lanham was so much the gentleman that many thought this a handicap to his political career. It never appeared to be. He was a highly effective legislator and had a rare influence with his colleagues, who knew him to be unswervingly a man of his word.” Those who knew him are in complete agreement that Fritz Lanham was always a gentleman. The federal building in Fort Worth now bears his name to honor Congressman Lanham’s remarkable influence and legacy. This year we take time to reflect and remember Lanham’s legacy and his great effort and support of this important milestone in trademark history and recognize the role and influence Fritz had on directly shaping federal trademark law that still serves us today. Although the landscape in 2021 certainly has changed since the 1940s and Fritz could never have imagined how the economy and commerce would be impacted by the internet and the tiny hand-held devices we carry with us throughout the day, it is a great testament to the elected officials who crafted a strong backbone of laws that still serve us well today in our globally-connected and digitally-driven economic universe. Inspired by the 75th Anniversary of the Lanham Act, and to help celebrate Lanham’s contributions and honor his legacy, a group of Texas lawyers recently founded a new nonprofit known as the Texas Intellectual Property Law Foundation. The aim of the Foundation is to undertake initiatives and activities not permitted by the traditional section under the current rules and procedures of the Texas Bar (submitting amicus briefs, advocating for legislative changes and awarding diversity scholarships). The anniversary will be celebrated at the State Bar of Texas Annual Meeting (June 17-18, 2021) in Fort Worth, where the legislation’s namesake served as a Congressman in the 12th District from 1931 to 1946. Please also visit the State Bar of Texas Intellectual Property Section’s website to catch up on all upcoming events occurring in 2021 to celebrate this milestone: https://texasbariplaw.org/celebrating-the-75thanniversary-of-the-lanham-act/ To purchase a book on Fritz Lanham authored by Joe Cleveland please visit the IP Section’s page here: https:// texasbariplaw.org/announcements/fritz-garland-lanhamlimited-edition-book/. All proceeds raised from the sale of the book will go to funding diversity scholarships. g
Follow us on
@tarrantcountybar MAY/JUNE 2021
▪ TCBA BULLETIN 33
ABA President Patricia Refo Joins Panel on Advantages of Bar Association Engagement
P
resident of the American Bar Association (ABA) Patricia Refo paid a virtual visit to Texas A&M University School of Law in early April. Refo participated on a panel with other bar association leaders who discussed the role and importance of bar associations and bar association membership with students. Joining Refo on the panel were Emily B. Taylor, past president of the Texas Aggie Bar Association; Aaron Tobin, president of the Dallas Bar Association; and Gary Medlin, president of the Tarrant County Bar Association. Texas A&M Law Professor Aric Short moderated the discussion. Clockwise from top left, Emily B. Taylor, Gary Medlin, Aaron Tobin, In her opening remarks, Refo described the vast scope Patricia Refo, Aric Short of the largest voluntary bar association in the world, saying, doors you wouldn’t have even considered. Build as many “If it exists in the law, the ABA is working on it.” The panelists focused on the importance of getting an relationships with as many lawyers as you can.” Medlin pointed out that being involved in a bar association early start on bar membership and engagement. “It’s about can be a valuable career discernment tool for students and young much more than just getting a job,” Taylor said. “You’re building lawyers by giving them a window into various areas of practice important relationships and connections that will serve you and the practical realities of the business of practicing law. well throughout your career.” Article reposted with permission from Texas A&M University Tobin agreed that even as a student, bar association School of Law’s blog. Full article at https://blog.law.tamu. involvement was an important part of building pathways for g edu/blog/am-law-hosts-aba-president-patricia-refo the future. "It provides opportunities to meet people who open
34 www.tarrantbar.org
▪ MAY/JUNE 2021
MAY/JUNE 2021
▪ TCBA BULLETIN 35
By Mary Boney Denison, US. Commissioner for Trademarks (2015-2019) United States Patent and Trademark Office
Why Trademarks Matter
From the Foreword to Fritz Garland Lanham—Father of American Trademark Protection by Joe Cleveland
T
his year marks the 75th anniversary of the Lanham Trademark Act. During his decades of service in the U.S. Congress, Congressman Fritz G. Lanham worked tirelessly and spent enormous political capital championing a new trademark bill for the modern era. The Lanham Act—named in honor of its chief proponent—not only protects American consumers, it protects the goods and services produced by America’s businesses. To appreciate Congressman Lanham’s extraordinary gift to our country, one must first understand the history of trademark protection and the significance of trademarks to all Americans and to our national economy. Today, it seems obvious that a business’s trademarks deserve protection under a nationwide trademark schema. But that has not always been the case. Before Congress enacted any federal trademark legislation, the right to adopt and use a symbol to distinguish a business’s goods and services was only recognized by American common law and by the statutes of some states. Indeed, the whole system of common law trademarks and the civil and equitable remedies for their protection existed long before any federal trademark legislation enacted by Congress and remains in full force today. This exclusive right to a trademark was not created by any act of Congress and does not depend upon any federal legislation for its enforcement. As the United States embarked upon the industrial revolution at the turn of the century, Congress passed several federal trademark registration laws, but none was adequate to the task. In 1870 and again in 1905, Congress sought to enact uniform trademark laws, which provided for the registration of trademarks and remedies for their infringement. But these civil remedies proved insufficient to prevent pirating a business’s trademarks. Additionally, while patents are specifically mentioned in the Constitution, trademarks are not. After all, trademarks recognized by the common law were generally based on use, rather than the notion of a new or novel invention. It was only after the United States Supreme Court held that the Congress could enact trademark protection under the Commerce Clause that the path to nationwide trademark protection became clear. Meanwhile, state legislatures began considering trademark bills, which featured costly compulsory registration and significant ramifications to trademark owners for failure to register their marks in each state. With the prospect of various
36 www.tarrantbar.org
▪ MAY/JUNE 2021
states enacting a patchwork of onerous state trademark laws, the American Bar Association (ABA) began to study a new nationwide law for trademark protection but was unable to obtain adequate legislative support. In the fall of 1937, Edward S. Rogers, the dean of the trademark bar, and Congressman Fritz Lanham, chair of House Subcommittee on Trademarks, met in Washington, D.C. to discuss the problem. As they discussed a potential solution, Mr. Rogers presented Congressman Lanham his draft notes from ABA meetings that had been ongoing to address the need for federal trademark legislation. After their meeting, Congressman Lanham undertook the momentous effort to craft and enact nationwide trademark legislation. Although interrupted by World War II and a variety of other challenges, Congressman Lanham persisted. On July 5, 1946, President Harry S. Truman signed the Lanham Trademark Act into law, almost nine years after Congressman Lanham took up his gavel to begin championing the legislation in Congress. Over the past seventy-five years, the Lanham Act has stood the test of time. Since its enactment in 1946, it has been repeatedly challenged and reviewed by all levels of the federal judiciary, including the United States Supreme Court. It has been amended more than 20 times, and parts have been declared unconstitutional. Still, the Lanham Act remains the primary source of statutory protection for trademarks in this country. From a practical standpoint, trademarks are critical to the day-to-day lives of each and every American. Trademarks play a vital role in helping consumers differentiate goods and services in commerce in the United States and indeed the entire world. Studies show that children recognize brands incredibly early in their childhood development. From my own personal experience, I know that to be true. My daughter —when she was only two years old—pointed to a VISA® trademark and to my surprise uttered the word VISA. She could not read; she could not use a credit card, but she knew the VISA® trademark and recognized its source. From early childhood until our twilight years, brands serve the essential role of helping us identify the source of goods and services. Trademarks permit us to distinguish quality and to understand what we are buying. And they protect us. They help us identify the goods and services we want, and they help us avoid fake or dangerous products or fraudulent
services we don’t want. Counterfeiting has become an enormous global problem with a significant impact on the economy and the health and safety of all Americans. In addition, the sale of counterfeit products results in lost revenues to businesses and lost tax revenues to governments while generating enormous profits to traffickers who sell counterfeit goods. Frequently, these traffickers are associated with organized crime and terrorist groups. Trademarks protect the health and safety of the American consumer by helping them identify counterfeit products such as fake medicines, faulty airbags, self-igniting lithium-ion batteries, adulterated cosmetics, and a great many other dangerous products introduced into this country’s stream of commerce. Trademarks also have a significant economic impact. The United States Department of Commerce has studied the impact of intellectual property on U.S. jobs. The study found that in 2014 almost 24 million U.S. jobs were in trademarkintensive industries. Including supply-chain jobs, the number of jobs related to trademark-intensive industries surpass 40 million. Further, according to the study, the average weekly wage premium of workers in trademark intensive industries was close to 40% higher than those in non-intellectual property intensive industries. Trademarks matter. They provide clear guideposts to consumers. They protect consumers and American businesses. And they promote the national economy. Every American owes an enormous debt of gratitude to Congressman Lanham. He used old fashioned charm and persistence to usher into law a landmark bill we now know as the Lanham Act. Because of Congressman Lanham’s tenacity and perseverance, American consumers, American businesses and American commerce have vital protections as we move forward into the twenty-first century. Fritz Garland Lanham – Father of American Trademark Protection By Joe Cleveland Illustrated. 88 pages. BookHouse Group, Inc. $40.00.
To buy the book, visit https://bookhouse. net/portfolio-posts/ fritz-garland-lanhamfather-of-americantrademark/.
Other Associations’ News & Information Arlington Bar Association
Meets on the 3rd Wednesday of each month. President, Duncan Price. For location & information, email duncan@manesslaw.net or call 817.300.1196.
Black Women Lawyers Association
For meetings and information, contact Marvina N. Robinson, President, at 817.884.1623 or mnrobinson@tarrantcountytx.gov.
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 6:00 p.m. 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 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 Cynthia Williams at 817.318.0523 or cynthia@cynthiawilliamslaw.com.
Tarrant County Criminal Defense Lawyers Association (TCCDLA)
Meets every 2nd Thursday at Joe T. Garcia’s, 2201 N. Commerce. For more information, contact President Gary D. Smart at 817.419.0023 or gsmart1053@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, P.C. at 817.481.2710 or dana@koonsfuller.com.
Tarrant County Probate Bar Association
Meets on the 1st Thursday of each month at the Petroleum Clubmembers free, guests $30. For more information, contact Beth Hampton at 817.334.0066 or bhampton@theblumfirm.com.
Tarrant County Trial Lawyers Association
Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact Rieker Carsey at 817.294.1900.
Tarrant County Young Lawyers Association
The Texas Intellectual Property Law Foundation commissioned a beautiful commemorative limited edition book about this important milestone in trademark protection with all proceeds funding a diversity scholarship program in Congressman Lanham’s honor. To buy the book, click here honor. g
The 2020–2021 TCYLA year began September 1, 2020. If you need an application or meeting information, call 817.338.4092, email laurensc@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.
MAY/JUNE 2021
▪ TCBA BULLETIN 37
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, what is the Texas Citizens’ Participation Act? The TCPA protects citizens from retaliatory lawsuits that seek to silence or intimidate them on matters of public concern. … The purpose of the statute is to identify and summarily dispose of lawsuits designed to chill First Amendment rights. Cunningham v. Waymire, 612 S.W.3d 47, 57 (Tex. App.— Houston [14th Dist.] 2019).
MOSES’ AND NOAH’S MONTHLY PARAPROSDAKIAN
Moses
(a figure of speech in which the latter part of a sentence or phrase is surprising or unexpected; frequently humorous) Being smart is knowing how to get out of a tough situation. Being wise is not getting into it in the first place.
DANES’ QUOTE OF THE MONTH
I once heard a woman who’d lost her dog say that she felt as though a color were suddenly missing from her world: The dog had introduced to her field of vision some previously unavailable hue, Noah and without the dog, that color was gone. —Caroline Knapp, “The Color of Joy”
CRIMINAL ITEMS OF INTEREST 1. Evidence
Direct and circumstantial evidence are equally probative, and “circumstantial evidence alone can be sufficient to establish guilt.” Johnson v. State, 560 S.W.3d 224 (Tex. Crim. App. 2018).
2. New Trial
A trial court may rule based upon sworn pleadings and affidavits without oral testimony; live testimony is not required. “It has long been held that a trial court may decide a motion for new trial based on sworn pleadings and affidavits admitted in evidence without hearing oral testimony.” Obella v. State, 560 S.W.3d 276 (Tex. App.—Amarillo 2018).
3. Re-enactment
When a staged, re-enactment involves human beings, it is “impossible to duplicate every minute detail and is therefore
38 www.tarrantbar.org
▪ MAY/JUNE 2021
inherently dangerous and offers little in substance and the impact of re-enactments is too highly prejudicial to insure the State or the defendant a fair trial.” Venegas v. State, 560 S.W.3d 337 (Tex. App.—San Antonio 2018).
4. Accomplice-Witness
“A witness is an accomplice as a matter of law when the witness has been charged with the same offense as the defendant or a lesser-included offense, or ‘when the evidence clearly shows that the witness could have been so charged.’” Torres v. State, 560 S.W.3d 366 (Tex. App.—San Antonio 2018).
5. Plain-View Doctrine
A seizure of an object is lawful under the plain-view doctrine if three requirements are met. First, police officers must lawfully be where the object can be “plainly viewed.” Second, the “incriminating character” of the object in plain view must be “immediately apparent” to the police officers. Third, the officials must have the right to access the object. Foreman v. State, 561 S.W.3d 218 (Tex. App.—Houston [14th Dist.] 2018).
6. Brady Material
To demonstrate reversible error under Brady, a habeas applicant must show (1) the State failed to disclose evidence, regardless of the prosecution’s good or bad faith; (2) the withheld evidence is favorable to her; and (3) the evidence is material—that is, there is a reasonable probability that, had the favorable evidence been disclosed, the outcome of the trial would have been different. The evidence central to the Brady claim must be admissible in court. Diamond v. State, 561 S.W.3d 288 (Tex. App.—Houston [14th Dist.] 2018).
7. Jury
“A jury is permitted to draw reasonable inferences as long as those inferences are supported by the evidence presented at trial. A jury is not permitted, though, to reach a conclusion based on mere speculation or factually unsupported inferences.” Metcalf v. State, 562 S.W.3d 48 (Tex. App.—Texarkana 2018).
CIVIL ITEMS OF INTEREST 1. Default Judgments
The record must show strict compliance with the rules of service of citation or a default judgment to withstand a direct attack on restricted appeal. “But strict compliance’ does not require ‘obeisance to the minutest detail.’”
Spanton v. Bellah, 612 S.W.3d 41, 47 (Tex. App.—Austin 2019).
2. Pleading Amendment
It is well-established that a trial court may—and under some circumstances, must—allow a plaintiff to amend his pleadings shortly before, during, or even after trial to conform to the evidence. Montelongo v. Abrea, 612 S.W.3d 71, 77 (Tex. App.—San Antonio 2019).
3. Mandamus Re: Discovery
When a discovery order compels production of patently irrelevant or duplicative documents, there is no adequate remedy by appeal because the order imposes a burden on the producing party far out of proportion to any benefit that may obtain to the requesting party. Information is “patently irrelevant when reasonable minds would not differ that it has no tendency to prove or disprove any issue involved in the subject matter of the suit and the information’s irrelevancy is apparent from the face of the record. In re APTWT, LLC, 612 S.W.3d 85, 88 (Tex. App.—Houston [14th Dist.] 2020).
4. Enforcement of Judgment
Texas Rule of Civil Procedure 308 grants a trial court authority to interpret and enforce its judgments. Even after its plenary power has expired, a trial court has inherent power to enforce its judgments. In re Fluid Power Equipment, Inc., 612 S.W.3d 130, 134 (Tex. App.—Houston [14th Dist.] 2020).
LEGAL QUOTE OF THE MONTH
“Ignorance of the law excuses no man; not that all men know the law, but because ‘tis an excuse every man will plead, and no man can tell how to refute him.” —John Seldon
TRADITIONAL IRISH LAW
A shoe or a glove found near the scene of the crime or, in the case of a stolen animal, wet clothing or the discovery of bones or entrails near the suspect’s house will be considered to be indirect evidence.
OLD NEWS
Governor “Pa” Ferguson Governor “Pa” Ferguson’s feud with the University of Texas captured headlines during much of 1917. He tried to abolish fraternities and dismiss members of the board of regents and called professors “butterfly chasers.” In June, he vetoed a $1.5 million appropriation for UT. Late in July, Ferguson was called to testify before a Travis County grand jury and a few days later was indicted on nine charges of misapplication of public funds. The Legislature began its own investigation and drew up 21 articles of impeachment. The state Senate considered the charges for three weeks and convicted the governor. On August 25, Ferguson resigned, and Lt. Governor William P. Hobby became governor. g
5. Disgorgement and Constructive Trust
The law treats a request for disgorgement as an equitable remedy that a court may award after a party proves its entitlement to recover on a claim. Likewise, under binding precedent, a request for a constructive trust is an equitable remedy that a court may award after a party proves its entitlement to recover on a claim; a request for the imposition of a constructive trust is not itself a claim. In the simplest terms, disgorgement and constructive trust are means by which a court may redress a claimant’s injury. These equitable remedies do not come into play unless and until a party prevails on a claim. Padua v. Jason A. Gibson, P.C., 608 S.W.3d 842, 847 (Tex. App.—Houston [14th Dist.] 2020).
6. Equitable Title
It is well settled that equitable title is obtained through performance of a contract that requires transfer of the property. Performance by the vendee in a contract to convey real property bests the equitable title in him. “‘Equitable title’ is a right, enforceable in equity, to have the legal title to real estate transferred to the owner of the right upon the performance of specified conditions.” High Road v. Benev. & Protective Order, 608 S.W.3d 869, 884 (Tex. App.—Houston [14th Dist.] 2020).
MAY/JUNE 2021
▪ TCBA BULLETIN 39
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. The new and improved tarrantbar.org helps you to stay informed and connected with many member-only resources and features to help you track your TCBA involvement, committee and sections happenings, and upcoming TCBA events and CLE. Networking opportunities through joining a TCBA section or committee. Not sure how to get involved with TCBA? We can help! Contact laurensc@tarrantbar.org if you have any questions about a TCBA section or committee. Access to discounts and free professional services, including free document shredding and a discount for Lawyer Referral & Information Services (LRIS) membership. An online subscription to the Bar Bulletin, the TCBA’s bi-monthly magazine, and weekly emails detailing news and events in the Tarrant County legal community. Opportunities for community service at annual events like National Adoption Day, People's Law School, and the Blood Drive. The TCBA also provides pro bono volunteer opportunities at legal clinics through Volunteer Attorney Services (TVAS) and Texas Lawyers for Texas Veterans- Tarrant County Chapter (TLTV).
Visit the website to learn more about all the great things the TCBA is doing for its members and the community. www.tarrantbar.org We thank you for your continued support of our organization. We look forward to your renewal for the 2021–2022 bar year. Please contact Lauren St. Clair at the bar office at 817.338.4092 or by email at laurensc@tarrantbar.org.
40 www.tarrantbar.org
▪ MAY/JUNE 2021
John Robert Lively 1942–2021
J
ohn Robert Lively died peacefully at home Tuesday, March 2nd surrounded by his family. Born September 11, 1942 in Port Arthur, Texas to James O. and Pearl T. Lively, John spent his childhood in Navasota Texas, graduating from Navasota High School. He received a degree in History from Texas A&M University before receiving his law degree from the University of Texas School of Law Austin. During college summers, John worked as a roughneck on offshore drilling rigs, learning many valuable lessons that served him well throughout his law career. In law school, he worked in the Texas Legislature for two sessions as a legislative assistant to two former State Senators, as a staff member to the Sergeant at Arms, and on the Legislative Council. John began his legal career in 1968 as an assistant City Attorney for the City of Fort Worth where he was part of the team who was responsible for the condemnation work that made the construction of DFW Airport possible. He entered private practice in 1970 winning numerous cases including the largest jury verdicts ever awarded in Parker and Montague counties. John was a member of the Tarrant County Bar Association; serving as Chairman of the Fee Arbitration Panel, was a Sustaining Life Fellow of the Texas Bar Foundation, and was recognized as a 50 Year Attorney in 2019. Despite all these accomplishments, John’s greatest joy in his practice was when his son, John Jr., joined him as a partner in 2008. John’s passion for gardening was well known around town as he constantly shared his produce with family and
In
Memoriam
friends. He passed his knowledge and love of gardening to his grandsons whom he taught to plant, grow, and harvest vegetables. As a PADI Divemaster, John combined his love of scuba diving and travel to explore the world. However, spending summers in Colorado and time at his house in the mountains of North Carolina brought him the most pleasure. He was a member of the Fort Worth Air Power Council, THATT Syndicate, a former member of the Fort Worth Stock Show Syndicate, a member of the Steeplechase Club and The Ambassador Club of New Orleans. Love of his family was John’s guiding principle in life. During his short illness, he said that any day was a good day as long as his wife was by his side. He was proud of his children and their accomplishments, but his eyes lit up when he saw his grandsons. All three spent time at his office where he loved to take them on the daily mail run. They each earned their first dollar collecting the mail, teaching them the value of money. John is survived by his wife of 52 years, Brooke Kelly Lively; children Brooke E. Lively, John R. Lively, Jr. and wife Amy, Lauren Lively Schmid and husband Matt; grandchildren John Robert Lively III, Walter Boone Schmid, and Ryan Matthews Schmid; step-grandchildren Whitney, J.R., and Grace Churchill; sister Susanne Lively Gilmore and husband Don; brother James O. Lively and wife Marianna; brothers-in-law Raymond B. Kelly III and wife Ellen, Jon M. Kelly and wife Kathy, and W. Whitney Kelly and wife Kristine; and many beloved cousins, nieces, nephews and their families. g Published on Thompson’s Harveson & Cole Funeral Home website.
Texas Lawyers for Texas Veterans Tarrant County Chapter Looking for ways you can support TLTV but unable to volunteer? Consider sponsoring a remote or in person clinic! Contact kayla@tarrantbar.org for more details.
MAY/JUNE 2021
▪ TCBA BULLETIN 41
PRESORTED STANDARD U. S. POSTAGE PAID FORT WORTH, TX
Bar Bulletin ▪ May/June 2021 Tarrant County Bar Association 1315 Calhoun Street Fort Worth, TX 76102-6504 he mission and purpose of the (TCBA) Covid-19 ADDRESS SERVICE REQUESTED
Updates from the Covid-19 Task Force
T
PERMIT 1807
Task Force is to identify and assess the needs of the TCBA members and the public arising from the Covid-19 pandemic, make recommendations to address those needs, and help mobilize relevant TCBA committees, volunteer lawyers, and other legal professionals to implement those recommendations.
How can we help you? Questions or Suggestions
If you have questions or suggestions for the TCBA Covid-19 Task Force, contact megan@tarrantbar.org. g
COVID-19 INFORMATION AND RESOURCES Resources for the Legal Community www.tarrantbar.org/covid19
Information for the Public www.tarrantbar.org/covid19info
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.
Stay CONNECTED to Us Facebook
Tarrant County Bar Association - Fort Worth Tarrant County Volunteer Attorney Services Texas Lawyers for Texas Veterans - Tarrant County Chapter
@TarrantBar
@TLTVFW
@TVASFW
JOIN A SECTION OR COMMITTEE TODAY!
To Join a Section: Login to your MyTCBA portal and update your
To Join a Committee, visit:
Tarrant County Bar Foundation www.linkedin.com/company/tarrant-county-bar-foundation
subscription.
https://www.tarrantbar.org/CommitteeVolunteerForm
@TarrantCountyBar
@TLTVFW
@TVASFW
Tarrant County Bar Association www.linkedin.com/company/tarrant-county-bar-association
