Bulletin
Congratulations 2022 Law Day Honorees
Patti Gearhart Turner Blackstone Award
Judge Don Cosby Silver Gavel Award
Monique Lopez-Hinkley Professionalism Award
Andrea Palmer Outstanding Young Lawyer Award
Brian Newby Outstanding Mentor Award
Opal Lee Liberty Bell Award
Excited and Proud to Announce the New Name of the Firm:
l aw
O ffi ces
o f
La i rd & M c Closkey
Steve Laird
Steve Laird is one of the Top 100 Lawyers in Texas* There’s a Reason
It takes years to establish a good reputation Handling Personal Injury Wrongful Death & 18-Wheeler Cases *Texas Super Lawyers, Top 100 (2005-2013, 2015-2021) - Thomson Reuters
Steve is honored and humbled to be the first Fort Worth lawyer ever to be inducted into the International Society of Barristers, limited to 500 invited attorneys.
817.531.3000
1119 PENNSYLVANIA AVENUE, FORT WORTH, TX 76104
www.texlawyers.com
PRESIDENT’S PAGE
A
fter two years of overhearing and overusing the word “unprecedented,” let me say that my wonderful, exhausting, at times thrilling year as your Bar President was...unprecedented. It seems like I was just writing my first President’s Page and here I am writing my last one. It has been an amazing year and I am so honored to have served as your TCBA President. I have learned so much about the TCBA and through this process have learned a lot about myself! Highlights of my Bar year as President include hiring a new Executive Director, the renewal of in-person events, an incredibly successful Law Day Luncheon (which had two years’ worth of award winners); and of course, the return of Bench Bar! I am happy to report that internally, your Bar is in good shape. All contracts with outside vendors and insurance
by Kimberly Naylor companies are either being reviewed or have been reviewed with the result being the cancellation of several contracts and the re-negotiation of others. We performed a line-byline examination and review of the Budget and our Board just approved the suggested (and very detailed) Budget for 2022–23. The Bar’s free online library of CLE continues to grow and offers some world-class Continuing Education for our members. Of course, there is always more work to do but I am thrilled to pass the torch to such capable officers that will be following me – Karen Denney, Lu Pham, Scott Lindsey, and Marvina Robinson. You all have been so supportive, encouraging, and helpful to me and I could not have asked for a better team to work with! You have all become very wonderful friends to me and I look forward to those relationships continuing after our service on the Board. I will steal a closing from Pastor Ronny Marriott at my church – he ends every sermon with a challenge. So, I have a challenge for you - as a TCBA member, join a committee or attend a function, invite a lawyer to join us. Whether it is taking a case pro bono, working at the Veterans Clinic, or attending a CLE, the more you put into the Bar, the more you get out of it. g
Any room can be rented for an hourly rate of $35 regardless of membership status. Rates are for 9 a.m. - 5 p.m. rentals. Outside of normal rental hours incur an additional fee of $25 per hour per staff member and must be preapproved. Lastminute time extensions are not allowed. Social, Charitable, and Judicial/Political receptions are $500 from 4-9 p.m. After 9 p.m. an additional fee of $100 per hour per staff member will be charged. Last-minute time extensions are not allowed.
MAY/JUNE 2022
▪ TCBA BULLETIN 1
Tarrant County Bar Association 817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org 2021–2022 Officers
President......................................Kimberly Naylor President-Elect................................Karen Denney Vice President...........................................Lu Pham Secretary-Treasurer..........................Scott Lindsey
Directors Term Ends 2022
Director............................................John Lively, Jr. Director................................................Dana Manry Director...............................................Lynn Winter
Term Ends 2023
Director..........................................John Brookman Director..................................................Cheryl Leb Director.....................................Marvina Robinson
2021–2022 Appointed Directors
Appointed Director..........................Mary Barkley Appointed Director................J. Michael McBride
Tarrant County Young Lawyers Association
Fall 2021 President.....................Brian Singleterry Fall 2022 President.....................Aulstin Gardiner Immediate Past President.................Gary Medlin Executive Director.............................Kayla Dailey Ex-Officio Members State Bar of Texas Director........................................Kimberly Naylor Director.......................................Jason C.N. Smith
Contents Features
6 Court Staff Appreciation & Seminar Series 18 Message from Rebecca K. Eaton,
2022 Tarrant County Bar Foundation Chair
19
Law Day Awards Luncheon 2022
Departments 1 3 4 5 7 8 10 12 14 15 16 25
President’s Page YLA Snapshot Membership Report 100 Club LegalLine A Word From Our Sections Texas Lawyers for Texas Veterans Judicial Profile - Judge Kate Stone Tarrant County Volunteer Attorney Services CLE Corner Snippets In Memoriam
Bar Bulletin Graphics/Production...................Elizabeth Banda The Tarrant County Bar Bulletin is a bi-monthly publication of the Tarrant County Bar Association. Articles, photos, suggestions or comments should be directed to: elizabeth@tarrantbar.org 1315 Calhoun Street ▪ Fort Worth, TX 76102-6504 Deadline for submission: December 1........................................January/February February 1...................................................March/April April 1...............................................................May/June June 1.............................................................July/August August 1..........................................September/October October 1.....................................November/December
Articles published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant County Bar Association, its officers or the Board of Directors. Advertisements and feature articles should not be considered an endorsement of any service, product, program, seminar or event.
page 19
YLA Snapshot
S
Brian Singleterry 2021–2022 TCYLA President
ummer is here, and the TCYLA year is nearing the end. As the year comes to a close, we have been busy on all fronts. In April, Spring Fiesta returned for the first time in two years. Over 100 people filled Joe T. Garcia’s, and everyone had a great evening restarting an annual tradition. Thanks to our sponsors’ generous gifts, everyone enjoyed a delicious meal, margaritas, and a chance to win many wonderful prizes. We were also honored to host the following judges: Judge Brooke Allen, Judge Patricia Baca Bennett, Judge John Eck, Judge Jeffrey Kaitcer, Judge Don Pierson, Judge Jennifer Rymell, Justice Brian Walker, Judge Melody Wilkinson, and Justice Dana Womack. And finally, a giant thanks to Jeffrey Tillman for putting the event together. TCYLA also just refitted Child Protection Court Playroom through a Texas Young Lawyers Association grant. The grant allowed us to buy books, toys, and decorations, helping turn an otherwise dreary place into something fun. Our PresidentElect, Aulstin Gardiner, organized and implemented this project, creating a great resource that will benefit our county for many years. There have been and are upcoming many opportunities for people to get involved or make some new connections. Here are a few: • Austin Franklin and Priscilla Bowens have set up many great CLEs, including a panel with Judges Lindsay DeVos, Matthew Riek, Katharine Stone; an overview of the collection process with Joseph Austin; and a primer on brief writing with Justice Bassel and Steve Hayes. • If you are looking to meet some other young lawyers, we have many great events scheduled. John Easter leads our softball team, and Collin Ashworth has been busy putting together Happy Hours, which have been graciously sponsored by Jayson Nag, Martin Garcia, and Rob Henry.
Last, TCYLA recently held its officer elections for next year. I am happy to announce that next year’s President-Elect will be Elizabeth Haslam. During her years on the board, Elizabeth has demonstrated dedication to TCYLA and leadership in planning and implementing projects. She will serve under next year’s President Aulstin Gardiner, and our returning Treasurer/Secretary Spencer Mainka. TCYLA will be in great hands next year. g
President-Elect Aulstin Gardiner and Director Ola Campbell in the refurbished children’s waiting room in the Child Protection Court. This project was funded by a grant from the Texas Young Lawyers Association.
http://www.tcyla.org
We're Social | Follow Us
Tarrant County Young Lawyers Association @TCYLA If you need an application or meeting information, call 817.338.4092 or email laurensc@tarrantbar.org.
MAY/JUNE 2022
▪ TCBA BULLETIN 3
Welcome New Members of the TCBA:
MEMBERSHIP REPORT
ATTORNEYS Anthony Alvarado Gianni Avalos Timothy Azevedo Scharli Branch Pedro Bravo Marshall Bridges Chloe Chartier Dan Cole Brenda Colon Greg Cox Christopher Davis Mary Galus Stefan Garcia
T
Renew Your TCBA Membership for 2022–2023!
he new bar year starts July 1 and the TCBA is excited to continue offering you the best member benefits and resources for your membership investment. This year, the TCBA was happy to host many in-person events and meetings, offer over 65 hours of CLE credit (many of which are still available for viewing via the CLE On Demand page), and we look forward to seeing you at one of our upcoming events or programs in the new bar year. We encourage you to continue taking advantage of TCBA member benefits by renewing your membership for the 2022–2023 TCBA Bar Year.
ASSOCIATE Jonathan Hawkins
Membership renewal information was emailed to all members this month and additional reminders will continue to be sent out. As you may notice, the TCBA will now offer an auto-renew option for your membership that will take effect for the next bar year. Be sure to check your renewal offer emails for more information on how to opt-in to automatically renew your membership subscriptions going forward or contact me at laurensc@tarrantbar.org. Avoid losing your member benefits by renewing early via your MyTCBA portal. As always, thank you for your continued support of the TCBA! g
LAWYERS ON THE MOVE &
STUDENT Rebeca Martin
LAWYERS ON THE MOVE & IN THE NEWS
By Lauren St. Clair, Membership Director
Bourland, Wall & Wenzel would like to welcome our newest associate attorney, Trilby Argubright. Ms. Argubright graduated from Vanderbilt University Law School and was admitted into the
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 Banda, Communications Director, at
elizabeth@tarrantbar.org.
State Bar of Texas in 2018. Her practice focuses primarily on employment law. Ms. Argubright can be reached at 301 Commerce Street Suite 1500, Fort Worth, TX 76102, 817.877.1088. g
Submit a Substantive Law Article for
Bulletin
OFFICIAL PUBLICATION OF THE TARRANT COUNTY BAR ASSOCIATION
The Bar Bulletin is a bi-monthly publication of the Tarrant County Bar Association. Please submit queries or articles to elizabeth@tarrantbar.org. Your work will be fully attributed to you, the author. 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.
4 www.tarrantbar.org
▪ MAY/JUNE 2022
in the News
Members of the 2021–2022
100 Club
*List Reflected Below is as of May 23, 2022 Adams, Lynch & Loftin, P.C. Anderson & Cummings, LLP Baker Monroe, PLLC Barlow Garsek & Simon, LLP Blaies & Hightower, LLP Bonds Ellis Eppich Schafer Jones, LLP Bourland, Wall & Wenzel, P.C. Brackett & Ellis, P.C. Broude Smith Jennings & McGlinchey, P.C. Brown, Proctor & Howell, LLP Curnutt & Hafer, LLP Decker Jones, P.C. Dismuke & Waters, P.C. Forshey & Prostok, LLP Freeman Mills P.C. Friedman, Suder & Cooke, P.C. Griffith, Jay & Michel, LLP Harris, Finley & Bogle, P.C. Harrison Steck, P.C. Haynes and Boone, LLP Holland, Johns & Penny, LLP Jackson Walker, LLP K&L Gates LLP Kelly Hart & Hallman LLP Killen & Dennis, P.C. KoonsFuller, P.C. Linebarger Goggan Blair & Sampson, LLP
Lively & Associates, PLLC McDonald Sanders, P.C. Moses, Palmer & Howell, LLP Murphy Mahon Keffler & Farrier, LLP Naman, Howell, Smith & Lee, PLLC Nelson Bumgardner Conroy, P.C. Noteboom Law Firm Padfield & Stout, LLP Pham Harrison, LLP Phelps Dunbar, LLP Pope, Hardwicke, Christie, Schell, Kelly & Taplett, LLP Ross & Matthews, P.C. Seltzer Dally & Webb, PLLC Sharen Wilson, Criminal District Attorney’s Office Taylor Olson Adkins Sralla & Elam, LLP The Blum Firm, P.C. The Colaneri Firm, P.C. The Second Court of Appeals Thompson & Knight, LLP Udeshi Law Firm, PLLC Underwood Law Firm, PLLC Varghese Summersett, PLLC Watson, Caraway, Midkiff & Luningham, LLP Whitaker Chalk Swindle & Schwartz, PLLC Whitley Penn, LLP Wick Phillips Winstead, P.C.
100 Club
To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more members and attains 100% TCBA membership compliance for the 2021–2022 bar year qualifies for the “100 Club.” The firms/organizations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year.
Any firm/organization that qualifies in the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law firms and other groups. The new bar year began on July 1; if you have not paid your renewal invoice, contact our Membership Director Lauren St. Clair at 817.338.4092 or email her at laurensc@tarrantbar.org. g APRIL 2022
▪ TCBA BULLETIN 5
6 www.tarrantbar.org
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MAY/JUNE 2022
Court Staff Reception 2020
LegalLine Legal Volunteer for Remote LegalLine!
D
o you have 2 hours that you can commit on a Thursday night to assist those that need legal advice in your area of expertise? LegalLine needs attorneys in all areas of law. Thank you to all the attorneys who have volunteered in the last two months. If you want to know more about volunteering, email sarah@tarrantbar.org.
Thank you to the 15 attorneys that have volunteered in March and April.
Join TCBA in honoring those who help to make the legal community of Tarrant County a great place to practice law by becoming a sponsor. Your sponsorship will assist in underwriting the food, beverages, and related expenses to host the reception. If you or your firm would like to be listed as a sponsor of this event, please contact Lauren St. Clair at laurensc@tarrantbar.org.
LEGALLINE VOLUNTEERS* Norma Bazan Eric Labovitz Nick Bettinger Cynthia Maragoudakis Julie Camacho Colin McLaughlin Ola Campbell C.D. Peebles Andrea Casanova David Pritchard John Corbin Karon Rowden Thank you to each attorney volunteer! Bryce King Melissa Sircar Merrit Klapperich *as of April 26, 2022
Upcoming LegalLine Dates • May 26, 2022 • June 23, 2022
• June 9, 2022 • July 14, 2022
By Sarah Hall Hoffman, Pro Bono Programs Director
JOIN A SECTION OR COMMITTEE TODAY! To Join a Section: Login to your MyTCBA portal and update your
subscription.
To Join a Committee, visit:
https://www.tarrantbar.org/CommitteeVolunteerForm
MAY/JUNE 2022
▪ TCBA BULLETIN 7
. . . AND NOW A WORD FROM OUR SECTIONS
By Tracy Card, Office Manager
Nominate Your Sections' Leadership for 2022–2023!
A
s we say goodbye to spring and welcome the summer months, it is time to reflect on the wonderful things accomplished by the sections within this bar year. Several great events have happened, a wealth of knowledge passed along during the CLE sessions and learning to navigate the “new normal” since Covid interrupted daily life. If anything,
we have all learned that resilience pays off. Remember that the bar year ends June 30. If you have not already, I ask that you begin to send in your nominations for your section’s leadership teams. Whether it is volunteering yourself, nominating someone, or letting us know you would like to continue in your role, we welcome your support! g
www.tarrantbar.org/tcba-painting | Password: WAS2022 8 www.tarrantbar.org
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MAY/JUNE 2022
▪ TCBA BULLETIN 9
TEXAS LAWYERS FOR TEXAS VETERANS TARRANT COUNTY CHAPTER By Sarah Hall Hoffman, Pro Bono Programs Director
I
Consider Joining the TLTV Committee
f you are passionate about providing legal assistance to veterans in need and have creative solutions and ideas to share, consider joining the TLTV committee, which meets the third Wednesday of each month from 12:00 p.m. – 1:00 p.m. Looking for a reason to give your time? Read what several veterans who were recently assisted have to say about TLTV. “Everyone at TLTV had a professional attitude in helping me with my situation, plus they were very friendly as if they care about solving my problem.” —Army Veteran “The attorney that I spoke to was very attentive to my issue of concern. She was very helpful with the advice that she gave me, and it was a substantial relief to have a solid direction toward the resolution of the issue which has lingered for several years.” —Air Force Veteran “I would recommend TLTV because they made me feel like I was being heard.” —Army Veteran
10 www.tarrantbar.org
▪ MAY/JUNE 2022
There are many ways to get involved with TLTV remotely with the clinics or in-person by taking on a case. Thank you to all the attorneys that assisted with our remote clinics in March and April.
ATTORNEYS ASSISTING WITH REMOTE CLINIC* Brittany Allen-Brantley Ola Campbell John Corbin Wendy Hart Deborah Krane
George Muckleroy Arnetta Porter Karon Rowden Melissa Sircar George White *as of April 22, 2022
MAY/JUNE 2022
▪ TCBA BULLETIN 11
JUDICIAL PROFILE
By Perry Cockerell, Perry Cockerell, P.C.
Judge Kate Stone, 233rd District Court
A
ssociate Judge Kate Stone is serving in her third year on the bench in the 233rd District Court in Tarrant County. Appointed to the court in February 2019 shortly after District Judge Kenneth Newell was elected to the 233rd District Court in November 2018, her rise from a Texas attorney to associate judge after eight years of private practice, is nothing short of remarkable. She grew up in Houston, the third child of Mike and Patsy Moore as sister to older siblings, Mike and Elisa where she attended St. Agnes Academy. At the age of nineteen, she relocated to Colleyville. In 2004 she enrolled in the University of Texas at Arlington where she graduated with a B.S. in Criminology and Psychology. During college she worked with the Innocence Project of Texas, a program led by her criminology professor, John Stickels, J.D., Ph.D. The Innocence Project at UTA worked closely with the Dallas County Conviction Integrity Unit, and would review closed cases, specifically those that may require new Court ordered testing of previously gathered DNA. While in the program, Stickels noticed her abilities and encouraged her to apply for law school. In 2008 she was accepted to Texas Wesleyan University School of Law. After graduation from law school in 2011, she joined John Stickles in his law firm of Stickels & Associates, P.C. in Arlington and began a practice handling family and criminal law matters. She joined the Tarrant County Family Law Bar Association and Texas Criminal Defense Lawyer’s Association. In late 2015 she established Stone Law as a solo practitioner. In 2016, tragedy struck when her son, Max, was seriously injured after being hit by an automobile during a family trip to New Orleans. He was declared dead at the scene but was revived and rushed to the hospital. She and her then husband, Paul Stone remained with him in New Orleans until he could be safely transferred to Fort Worth. Her law practice was second to Max’s many surgeries and daily routine at the hospital. During those months she often kept a change of clothes at the hospital to run to hearings during Max’s daily therapy. Judge Stone expressed how she was “awed at the amount of love and support the Tarrant County Bar, attorneys, and Judges showed her during that time and how much grace they extended herself and her practice. During that time Tarrant County was so supportive and I will be forever grateful 12 www.tarrantbar.org MAY/JUNE 2022
▪
for their response.” she said. In 2019 Kenneth Newell, a friend from law school and respected colleague, was elected District Judge to the 233rd District Court. After his election the two attorneys reconnected. “I didn’t know at the time but he had been interviewing people for the associate judge position.” Soon after taking the bench, and much to her surprise, District Judge Newell called her to take the associate judge position.
Life in the 233rd District Court
Located on the fifth floor of the Tarrant County Family Law Center, 200 East Weatherford in downtown Fort Worth, Judge Stone conducts hearings daily. Her court coordinator is Angie D. Wierzbicki. Judge Stone’s court Bailiff is Bob Gonzales, who she claims, “keeps the day to day flow of the court moving as smoothly as possible.” “Gonzo” as she affectionately calls him, “is my eyes and ears in this place, he not only has a history as a police officer with many years experience patrolling the street but has the benefit of years of familiarity with the courtroom and with these families. I couldn't do what I do without him.” Judge Stone is accustomed to a sometimes-tense docket consisting of new matters arriving in her court while the cases are still developing. She notes that in the beginning of the cases there can be a lot of anger, resentment, and defensiveness between the parties. She understands that the parties “started out with dreams, or concepts and expectations of what their marriage and family life would be and sadly they are here because those hopes have not been realized.” Ideally Judge Stone prefers that the parties and attorneys work things out with minimal interference from the Court because she believes that the parties will naturally “live more happily with their agreement than my ruling.” She wants the litigants to know that there are other options besides warring with their ex-partner and hurting the children in the process. The Judge desires the parties focus on how to be better coparents with an end towards having happier and more welladjusted children with strong bonds to both parents. “As judges and lawyers, we are given the opportunity to mitigate the destruction that comes from divorce, abandonment, and separation.” There are many services available now through counseling and mediation.” The Judge prefers that the families seek these routes during their case to assist the litigation process and perhaps even avoid the necessity of further litigation. Judge Stone stated she believes that it is her “duty as a Judge to call balls and strikes but when possible, provide these families the tools that could assist them in forming a
healthy co-parenting relationship.” The 233rd has an open-door policy, “We're happy to help attorneys any way that we can whether the questions are hypothetical or even what policies and procedures are typical to the Court. It’s something that I appreciated when I was not on the bench.” Judge went on to explain that it certainly isn’t just attorneys learning from judges but that the attorneys in front of her “offer a wealth of knowledge and experience” that she claims she “benefits from on a daily basis.” Judge Stone has two children with Paul Stone. Her oldest daughter Ella is 12. Her son Max is now nine years old and recovered from the accident. Judge Stone enjoys kayaking and traveling. She has traveled to Italy, Spain, France, Scotland, England, Ireland, Switzerland, and Germany. Her next trip is back to one of her favorite destinations, Ireland. g
Connect with us on 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
LAWYER REFERRAL & INFORMATION SERVICE (LRIS)
News
By Carolina Ibarra, LRIS Director
Consider Joining the LRIS Today
T
he Lawyer Referral & Information Service received a total of $103,139.00 in referral fees from July 1, 2021 to May 10, 2022. Special thanks to our members below who make it all possible with their referral fees:
A SPECIAL THANK YOU TO THE FOLLOWING ATTORNEYS Christopher Albert Jason Amon John Barber Cash Barker James Baudhuin Charles Beachley William Brotherton Neal Callaway Ola Campbell Andrea Casanova Margaret Crosby Antony Cuesta Anita Cutrer Lori Dally Ryan Dobbs Catherine Edwards Jonathan Fox Stephen Geis
Michael Grover Earl Hargrave Kayla Harrington Kelcie Hibbs Christian Jenkins James Jinks Samuel Johndroe Katherine Kim Bryce King Stephen Kotara Kimberly Lees Andrew Leibowitz Robert Loudermilk Bruce Mansfield Mark Mansfield Sheryl Miears Dustin Payne David Petter
Michael Remme David Robinson Karen Schroeder Andrew Seibert Sarah Seltzer Jeffrey Shearer Melissa Sircar Daniel Smith Carey Thompson Turner Thornton Deborah Wakefield Ryan Wangler Laurie Weir William White Joel Whitney David C. Wright Shawna Young
Thank you all, we would not be here without you!
WANT TO EXPAND YOUR CLIENT BASE? Join TCBA’s Lawyer Referral & Information Service (LRIS)
This Service is certified as a lawyer referral service as required by the State of Texas under Chapter 952, Occupations Code.
LRIS receives thousands of calls and emails a year from people in the community seeking to hire an attorney, and is a great way to connect you with the public. Please note that additional requirements apply to the following practice areas. » » » »
Bankruptcy Law » Malpractice Criminal Law » Personal Injury Family Law » Probate/Guardianship Labor & Employment
The LRIS application and more information can be found at www.tarrantbar.org/LRISdocuments. MAY/JUNE 2022
▪ TCBA BULLETIN 13
Tarrant County Volunteer Attorney Services
A
t the beginning of April, TVAS and Legal Aid of NorthWest Texas (LANWT) partnered to hold the Spring 2022 Uncontested Divorce Clinic. Attorneys met and began representing low-income individuals to assist them with an uncontested divorce and paralegals involved with TVAS assisted in drafting the necessary paperwork. Philip Vickers (Cantey Hanger LLP) and Lori Spearman (Law Office of Lori A. Spearman) conducted the free CLE provided to TVAS volunteers prior to the clinic. Victoria Rhodes (Robbins Travis PLLC) is a recently licensed attorney and first-time TVAS volunteer participating in our clinic. When asked what made her interested in volunteering she stated, “It is very important to me to try and help those in need, and a meaningful way for me to do that is by helping them resolve their legal issues.” She went on to state that “You are not volunteering alone when you volunteer through TVAS, you have help and resources you need for your experience to be a success.” It takes a team of volunteers to make the clinic a success including attorneys, paralegals, and mentors and TVAS is thankful for everyone who participates.
Follow us on
Thank you to those who assisted with the TVAS/LANWT Uncontested Divorce Clinic in April!
UNCONTESTED DIVORCE CLINIC VOLUNTEERS ATTORNEYS Wendy Hart, Brooke Hubbard, Victoria Rhodes, Joshua Ross, and Phillip Vickers PARALEGALS Summer Chappell, Kelly Cobb, Susan Davis, Doris Jackson, Monty Mays, and Julie Sherman MENTORS Wendy Hart, Monique Lopez-Hinkley, Joshua Ross, and Lori Spearman
If you’re interested in volunteering for TVAS, email sarah@tarrantbar.org.
@tarrantcountybar
By Sarah Hall Hoffman, Pro Bono Programs Director
Tarrant County Volunteer Attorney Services Looking for ways you can support TVAS but unable to volunteer? Consider sponsoring a clinic! Contact sarah@tarrantbar.org for more details. 14 www.tarrantbar.org
▪ MAY/JUNE 2022
CLE CORNER
CLE On Demand Exclusively for TCBA Members
Section Webinars:
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.
Appellate Law Section
Topic: Brain Break with the Tenth Court of Appeals (Waco) Moderator: Jeanette Strange, Fifth Court of Appeals - Dallas Judicial Panel: • Chief Justice Tom Gray • Justice Matt Johnson • Justice Steven Lee Smith CLE: .75 hour of Ethics (FREE for TCBA Members) Topic: Brain Break with the Sixth Court of Appeals (Texarkana) Moderator: Jeanette Strange, Fifth Court of Appeals - Dallas Judicial Panel: • Chief Justice Josh R. Morriss, III • Justice Scott E. Stevens • Justice Ralph K. Burgess CLE: .75 hour of Ethics (FREE for TCBA Members) Topic: Brain Break with the Eleventh Court of Appeals (Eastland) Moderator: Jeanette Strange, Fifth Court of Appeals - Dallas Judicial Panel: • Chief Justice John M. Bailey • Justice W. Stacy Trotter • Justice Bruce Williams CLE: .5 hour of Ethics (FREE for TCBA Members) Topic: Texas Bar Appellate Section Update and Appellate Redistricting Recap Speaker: Dylan Drummond, Chair of the Appellate Section of the State Bar of Texas CLE: 1 hour (FREE for TCBA Members)
Business Litigation Section
Topic: Discovery Strategies in a Virtual World Speaker: Cole Riddell, Haltom & Doan CLE: 1 hour (FREE for TCBA Members)
Construction Law Section
Topic: One Satisfaction at a Time – Allocating Settlement Proceeds in a Multi-Party Construction Dispute Speaker: Travis Brown, Partner, Allensworth CLE: 1 hour (FREE for TCBA Members)
Topic: Construction Employers and OSHA Violations: Willful Violations, Civil and Criminal Penalties Speaker: Taylor E. White, Winstead PC CLE: 1 hour (FREE for Section Members, $5 for Non-Members)
Energy Law Section
Topic: $75.00 WTI and $6.00 Henry Hub: Maintain Capital Discipline or Game On?! Speaker: Greg Scheig, CFA CPA, Vantage Point Advisors CLE: 1 hour (FREE for TCBA Members)
Environmental Law Section
Topic: 2022 State Water Plan Speaker: Howard Slobodin, General Counsel, Trinity River Authority CLE: 1 hour (FREE for Section Members, $10 for Non-Members) Topic: Updates to TCEQ’S Waste Program & Lead/Copper Rules Speakers: Jonathan M Skaggs, PG, Senior Geologist, GSI Environmental Inc.; Lila Beckley, PG Senior Geologist, GSI Environmental Inc.; Philip Goodrum, PhD, DABT, Principal Toxicologist, GSU Environmental Inc. CLE: 1 hour (FREE for TCBA Members)
Fort Worth Business & Estate Section
Topic: Charitable Gift Planning Speaker: Bryan Clontz, Charitable Solutions LLC CLE: 1 hour (FREE for Section Members, $30 for Non-Members)
Real Estate Section
Topic: Changes to Chapter 53 of the Texas Property Code Governing Mechanic’s and Materialman’s Liens (M&M Liens) Speaker: Erin E. Eckert, Eckert Law CLE: 1 hour (FREE for TCBA Members) Topic: Real Estate Section Legislative Update Speaker: Mary Barkley, Cantey Hanger LLP CLE: 1 hour (FREE for TCBA Members)
SIDEBar Conversation Series - Presented by Real Estate Section and Diversity Committee The Intersection of DFW History, Race and Real Estate
Topic: History’s Impact on Inequitable Housing Today Speaker: Mary-Margaret Lemons, President, Fort Worth Housing CLE: 1 hour (FREE for TCBA Members) Topic: The Remnants of Racism in Real Estate Documents Speaker: Martin Garcia, Co-Owner & Attorney at Law, Simplified Title Company, LLC CLE: 1 hour (FREE for TCBA Members) MAY/JUNE 2022
▪ TCBA BULLETIN 15
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 a “dilatory plea”? It is a plea whose purpose is to defeat a cause of action without regard to whether the claims asserted have merit. Preston v. M1 Support Services, L.P., 628 S.W.3d 300, 312 (Tex.App.—Fort Worth 2020).
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) Don’t go around saying the world owes you a living. The world owes you nothing. It was here first.
DANES’ QUOTE OF THE MONTH
Near this spot are deposited the remains of one who possessed Beauty without Vanity, Strength without Insolence, Courage without Ferocity, and all the Virtues of Man without his Vices. This praise, which would be unmeaning Flattery, if inscribed over human ashes, is but a just Tribute to the Memory of BOATSWAIN, a Dog. —George Gordon, Lord Byron
Noah
CRIMINAL ITEMS OF INTEREST 1. Ex Post Facto
Ex post facto laws are those that: (1) make an action done before the passing of the law, and which was innocent when done, criminal, and punish such action; (2) aggravate a crime, or make it greater than it was when committed; (3) change the punishment, and inflict a greater punishment, than the law annexed to the crime when it was committed; and (4) alter the legal rules of evidence and require less, or different testimony than the law required at the time of the commission of the offense in order to convict the offender. State v. Kahookele, 604 S.W.3d 200 (Tex.App.—Austin 2020).
2. Child Testimony
Generally, every person is presumed competent to testify. However, a person, such as a child, is not competent to testify if, upon examination by the trial court, the court finds that 16 www.tarrantbar.org MAY/JUNE 2022
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the person “lacks sufficient intellect to testify concerning the matters in issue.” “There is no precise age under which the child is deemed incompetent to testify.” Any inconsistent testimony about a specific event might affect the child’s credibility, but not her competency. Keller v. State, 604 S.W.3d 214 (Tex.App.—Dallas 2020).
3. Witness Testimony
The decision to allow a witness that was not on the State’s witness list to testify falls within the trial court’s discretion. A reviewing court considers whether the State acted in bad faith and whether the accused reasonably could have anticipated the witness’s testimony in determining whether the trial court abused its discretion in allowing testimony from a witness not identified on the State’s witness list. Bahena v. State, 604 S.W.3d 527 (Tex.App.—Houston [14th Dist.] 2020).
4. Right to Counsel
The Sixth Amendment to the United States Constitution guarantees a criminal defendant the right to have counsel present at all “critical” stages of his criminal proceedings. One such critical stage is the 30-day period for filing a motion for new trial. If a defendant is deprived of counsel during this stage of his prosecution, then the defendant’s constitutional rights are violated. Parker v. State, 604 S.W.3d 555 (Tex.App.—Houston [14th Dist.] 2020).
5. Search Warrants
When ruling on a motion to suppress evidence obtained pursuant to a search warrant, a trial court is limited to the four corners of the warrant and affidavit supporting the warrant. The affidavit is interpreted in a non-technical, commonsense manner drawing reasonable inferences solely from the facts and circumstances contained within the four corners of the affidavit. Diaz v. State, 604 S.W.3d 595 (Tex.App.—Houston [14th Dist.] 2020).
6. 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 (Tex.App.— Houston [14th Dist.] 2020).
7. Extraneous Conduct
Evidence of a person’s character or character trait is not admissible to prove the person acted in accordance with that character or trait on a particular occasion. Before such evidence may be introduced, the trial judge must (1) determine that the evidence likely to be admitted at trial will be adequate to support a finding by the jury that the defendant committed the separate offense beyond a reasonable doubt; and (2) conduct a hearing out of the presence of the jury for that purpose. Romano v. State, 612 S.W.3d 151 (Tex.App.—Houston [14th Dist.] 2020).
CIVIL ITEMS OF INTEREST 1. Preserving Error
To preserve a complaint for appellate review: (1) a party must complain to the trial court by way of a timely request, objection, or motion; and (2) the trial court must rule or refuse to rule on the request, objection, or motion. Tex. R. App. P. 33.1(a). In a summary judgment proceeding, a party asserting objections should obtain a written ruling at, before, or very near the time the trial court rules on the motion for summary judgment or risk waiver. This same concept has been applied to pleas to the jurisdiction. Preston v. M1 Support Services, L.P., 628 S.W.3d 300, 319 (Tex. App.—Fort Worth 2020).
2. Lis Pendens
A lis pendens, which “provides a mechanism for putting the public on notice of certain categories of litigation involving real property,” is subject to the judicial proceedings privilege. This is because “(1) a lis pendens … has no existence separate from the litigation of which it gives notice … and (2) the open courts guarantee of the Texas Constitution ensures litigants access to the courts without fear of defamation actions.” Howard v. Matterhorn Energy, LLC, 628 S.W.3d 319, 333 (Tex. App.—Texakana 2021).
3. Negligent Undertaking
To establish a negligent undertaking, a plaintiff must demonstrate that “(1) the defendant undertook to perform services that it knew or should have known were necessary for the plaintiff ’s protection; (2) the defendant failed to exercise reasonable care in performing those services; and either (a) the plaintiff relied upon the defendant’s performance, or (b) the defendant’s performance increased the plaintiff ’s risk of harm.” Landrum v. Three Aces Towing, Inc., 628 S.W.3d 346, 353 (Tex. App.—Houston [14th Dist.] 2021).
4. Enforceable Settlement Agreement
An essential element of an enforceable settlement agreement is the intent of the parties to be bound by that agreement. … A court may uphold an agreement by supplying missing terms but may not create a contract where none exists and, generally, may not interpolate or eliminate essential terms. Id. When the intent is clear and unambiguous on the face
of the agreement, it may be determined as a matter of law. Jennings v. Jennings, 625 S.W.3d 854, 862 (Tex.App.—San Antonio 2021).
5. Legally Insufficient
The evidence is legally insufficient when “(a) [there is] a complete absence of evidence of a vital fact; (b) the court is barred by rules of law or of evidence from giving weight to the only evidence offered to prove a vital fact; (c) the evidence offered to prove a vital fact is no more than a mere scintilla; (d) the evidence establishes conclusively the opposite of the vital fact.” Southcross Energy Partners V. Gonzalez, 625 S.W.3d 869, 875 (Tex.App.—San Antonio 2021).
6. Lis Pendens
“A lis pendens is a notice, recorded in the chain of title to real property warning all persons that certain property is the subject matter of litigation.” “The purpose of a notice of lis pendens is to put those interested in a particular tract of land on inquiry about the facts and issues involved in the suit and to put prospective buyers on notice that they acquire any interest subject to the outcome of the pending litigation. Id. When the notice is properly filed, even a subsequent purchaser for value does not take the property free and clear. In Re Gaudet, 625 S.W.3d 887,891 (Tex.App.—El Paso 2021).
7. Special Exceptions
When a nonmovant believes a motion for summary judgment is unclear, ambiguous, or lacks specificity, it must file special exceptions. That party must then obtain a ruling on the special exceptions to preserve the issue for appellate review. Reg’l Specialty v. S.A. Randle & Assocs., 625 S.W.3d 895,901 (Tex.App.—Houston [14th Dist.] 2021).
LEGAL QUOTE OF THE MONTH
Let us remember that if we suffer tamely a lawless attack upon our liberty, we encourage it, and involve others in our doom. —Samuel Adams
TRADITIONAL IRISH LAW
If you wound a fellow tribes person, you must take him or her to your own house, feed them according to the doctor’s advice, provide the victim with medicine, and find a substitute to do his or her work while recuperation. You must also pay the doctor’s fee.
OLD NEWS
Stock Show On TV A rodeo show from the 62nd Southwestern Exposition and Fat Stock Show in Fort Worth was beamed on February 2, 1958, to a TV audience estimated at 50 million on NBC’s “Chevy Show.” Roy Rogers opened the hour-long program, riding into the Will Rogers arena on Trigger Jr. Rogers, Dale Evans and “Gabby” Hayes then hosted the show from a fence rail. g MAY/JUNE 2022 TCBA BULLETIN 17
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TARRANT COUNTY BAR FOUNDATION
by Rebecca K. Eaton
Kearney, McWilliams & Davis, PLLC
reaton@kmd.law
Message from Rebecca K. Eaton
I
2022 Tarrant County Bar Foundation Chair
t’s hard to believe that we are almost half-way through 2022! I am happy to report that the Board of the Tarrant County Bar Foundation has been hard at work on the 2022 initiatives that I announced in the last Bar Bulletin.
2022 “Justice for All” Gala with Music Entertainment by Coffey Anderson – Friday, November 4, 2022
Planning is underway for the 2022 “Justice for All” Gala, which will be held at River Ranch Stockyards on November 4, 2022.
Tarrant County Bar Foundation’s Justice for All Gala
Friday,
November 4, 2022
featuring musical entertainment by:
COFFEY ANDERSON River Ranch Stockyards is a large party venue that will easily accommodate hundreds of TCBF party-goers who are eager for a night of merriment and fundraising. We are ecstatic to announce that the 2022 Gala will feature musical entertainment by the up-and-coming country singer and songwriter, Coffey Anderson. Many of you may recognize his patriotic hit “Mr. Red White and Blue,” which went viral in 2021. Coffey was a finalist on the Nashville Star and, more recently, starred alongside his wife, Criscilla (a hip hop dancer) in the Netflix reality series Country Every After. 18 www.tarrantbar.org MAY/JUNE 2022
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I want to thank the Gala Executive Planning Committee for their hard work in planning this year’s TCBF Gala:
Rebecca Eaton (Chair) Antonio Allen Kayla Dailey Heather King Brad Parker Andy Sims
The success of the 2022 Gala depends on your support. Please contact me at the email address above if you are able to assist with donations of items or services for our silent or live auctions. We will announce sponsorship opportunities in the near future. Of course, once ticket sales commence, we hope that each of you will purchase tables or individual tickets to the biggest party of the year!
2022 TCBF Fellowship Drive
The TCBF Fellowship Committee is in the process of seeking out at least 100 Tarrant County attorneys for nomination as new TCBF Fellows—a first-of-its-kind project that is expected to result in at least $12,000 in recurring annual revenue. If you or someone you know would like to be considered for nomination, please contact me at the email address below so that I may connect you with the Fellowship Committee. I want to thank the Fellowship Committee for their hard work is this exciting endeavor:
Karen Precella (Co-Chair) Brittani Rollen (Co-Chair) Lateph Adeniji Judge Susan McCoy Leon Reed
Reviving Prior TCBF Fellowship Commitments
In addition to the new Fellows drive, the TCBF Fellowship Committee is in the process of reaching out to Fellows who have fallen behind on pledged contributions to restore their fellowships and our shared commitment to the Tarrant County community. The committee endeavors to restore at least 90% of all such commitments. If you or someone you wishes to reestablish their fellowship with TCBF, please contact kayla@tarrantbar.org. The Foundation thanks you for your continued support, which enables TCBF to continue to serve the legal needs of the Tarrant County community. g
Thursday, June 2, 2022 11:30 a.m.–1:00 p.m. $50 Individual Ticket Hilton Fort Worth | 815 Main Street, Fort Worth, TX 76102 Register at www.tarrantbar.org/LawDayLuncheon22 g
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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. Patti Gearhart Turner’s career has been this and more. The Silver Gavel Award is given to a member of the judiciary who has made a substantial and noteworthy contribution to the legal profession. This year’s recipient is Judge Don Cosby. The Professionalism Award is given to a member of the
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bar who has displayed outstanding professional conduct in their career. This year’s recipient is Monique Lopez-Hinkley. 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 Andrea Palmer. 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 Brian Newby. 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 Opal Lee. MAY/JUNE 2022
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THURSDAY, JUNE 2, 2022 11:30 AM – 1:00 PM HILTON FORT WORTH
815 Main Street, Fort Worth, TX 76102
$50 | Individual Ticket
Register at www.tarrantbar.org/LawDayLuncheon22
Sponsorship information Event Sponsor $5,000
Includes reserved seating for 16 at the event, recognition in the event program, and a 1/2 page color ad in the Bar Bulletin
Table Sponsor $2,500
Includes reserved seating for 8 at the event, and recognition in the event program
Law Day Supporter $500
Includes 2 seats at the event, and recognition in the event program
All sponsorship levels include the sponsor’s name appearing on a sponsorship sign at the event, recognition in the Association’s bi-monthly Bar Bulletin, and recognition in all event material, including the Association’s social media. Contributions or gifts to the TCBA are not deductible as charitable contributions for federal tax income purposes. For questions, please contact Kayla Dailey at kayla@tarrantbar.org. 20 www.tarrantbar.org
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Blackstone Award
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PATTI GEARHART TURNER
atti Gearhart Turner grew up in Wichita Falls, Texas where her dad was a high school football coach and administrator, and her mother was a Spanish teacher and librarian. Patti was interested in working in nonprofit organizations and was intent on earning degrees in social work and law. She graduated from Texas Woman’s University in Denton and earned her master’s in social work degree from Our Lady of the Lake University, in San Antonio. She returned to law school years later in one of the first classes of Texas Wesleyan University School of Law (now Texas A&M University School of Law), graduating magna cum laude. Her first career position in law was as interim briefing attorney with the Second District Court of Appeals and Chief Justice John Hill who was a kind and instructive mentor. Throughout her career, Patti has been involved in higher education and served as adjunct instructor at TCU where she taught Social Work Field Practicum and Law and Social Work. Based on this affiliation she began contracting with Tarrant County Probate Courts 1 and 2, to supervise internship students while accepting probate, guardianship, and mental health ad litem appointments. This led to a full-time position as Court Investigator (guardianship attorney) for Tarrant County Probate Court 2. Inspired by Judge Pat Ferchill’s vision, and with the talented staff of Court 2, she helped create a guardianship and court visitor program which the Government Accountability Office (GAO) recognized as one of the top four programs in the United States. Using her M.S.W. and J.D. degrees, the program uniquely involved interns from TCU and UTA social work programs as well as SMU and Texas Wesleyan Schools of Law to assess and represent incapacitated persons under guardianship with the court. Patti joined Texas Wesleyan School of Law in 2000, accepting the position of Assistant Dean of Student Affairs and Director of the Externship Program. Following faculty approval of a mandatory pro bono requirement as a condition of graduation, Patti helped create the Equal Justice Program. This program provided law students opportunities for experiential learning, and to practice lawyering skills in real-world settings, while also connecting them with potential mentors and employers. Equally important was the goal of engaging students in service
to the community. Law students have provided thousands of hours of pro bono legal services in collaboration with partnerships like the Tarrant County Bar Association, the courts, and dozens of other sites. Patti continued to teach courses as an adjunct instructor at the law school including Externship Practicum, Administration of Probate and Guardianship, Guardianship Practicum, and Ethical Lawyering, which she co-taught with Roland Johnson. In 2011, Patti accepted the position of Chief of Staff and General Counsel for Texas Wesleyan University where she served as the chief legal officer for the university. As general counsel, she dealt with a variety of practice areas including education law, estates, property, trusts, contracts, employment, federal regulatory compliance, and civil litigation. But the most unique legal transaction during her tenure was the sale of Texas Wesleyan School of Law to Texas A&M University. Program planning and development was always a driving interest and Texas Wesleyan University offered an abundance of opportunities. As chief of staff for President Fred Slabach, Patti planned President Slabach’s inauguration featuring former Secretary of State Madeleine Albright. She chaired university search committees for the Provost and Vice President positions. She also served as Interim Vice President for Advancement and Interim Vice President of Administration and co-chaired the universities latest Engage 2025 Strategic Plan. Active in her profession, the Texas Supreme Court appointed Patti to serve on the first Guardianship Certification Board in Austin. State Bar of Texas Presidents Harper Estes and Bob Black appointed her to serve on the board of directors for Texas Center for Legal Ethics, which she also chaired. She has served as chair of the Tarrant County Bar Foundation and as director of the Tarrant County Bar Association and Tarrant County Probate Bar Association. Patti served as president of the Women Attorney Section of the TCBA, chaired the Diversity Committee, was member of the Eldon Mahon Inn of Court, and is a sustaining life fellow of the Tarrant County Bar Foundation and Texas Bar Foundation. Patti is honored to be an AV Preeminent Rated Attorney by Martindale-Hubble. With a heart for the community, Patti served as the founder of Trinity Habitat for Humanity where she was a board member, and later, president. She served as president of Women’s Haven of Tarrant County and chaired the merger team for Women’s Haven and Women’s Shelter of Arlington, resulting in SafeHaven of Tarrant County. Other civic engagements included serving as a board member of the Lancaster TIF 8 Corridor for the City of Fort Worth, serving on the Review Committee for Chesapeake Scholarships, serving as a board member of Guardianship Services, Inc., TCU Wesley Foundation, and Cuchara Hermosa in Colorado. Patti is married to attorney Randy Turner, and they have one son, Randall Turner –two dogs and two cats. They love to travel, scuba dive, and spend time at their cabin in Colorado. MAY/JUNE 2022
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I accept that I am not the brightest judge (as noted by the Court of Appeals) but am at peace with myself that I gave my best efforts. Being a judge is wonderful, being a Tarrant County judge is the best. My former minister, Dr. Cecil Sherman, taught me that being a “servant leader” applies to all professions; I try daily to follow his words.”
Silver Gavel Award JUDGE DON COSBY
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udge Don Cosby has been judge of the 67th District Court since October 1, 2000 after being appointed by Governor George Bush to complete the unexpired term of Judge Jon Barton who died in office. Judge Cosby won reelection in that year and has continued to serve as judge for over 21 years now. Judge Cosby is Fort Worth born and raised. In 1958 he and his 2 siblings were placed by Tarrant County in Lena Pope Children’s Home after his father abandoned his family leaving his Japanese mother alone to raise 3 young children. Soon after placement his mother came to work at Lena Pope and was employed there for over sixty (60) years until her death this past February. While living at the Home, Judge Cosby and his siblings received scholarships to attend Trinity Valley School from where he graduated in 1973. Thereafter Judge Cosby graduated from Tulane University and St. Mary’s Law School receiving his law license in 1980. In 1965 Judge Cosby became a foster son to Bob (formerly Mayor of Fort Worth) and Fran Bolen and their 5 children and split his time between their home and Lena Pope and that relationship still exists today. Since his law school graduation, Judge Cosby has worked as a consultant in political campaigns; a litigation attorney with the Federal Energy Regulatory Commission in Washington, DC; in house counsel for a real estate development company and in house litigation counsel for a bank during the failed savings and loan clean-up. He also worked with a local firm, Auld & Stephenson, before he assumed the bench in 2000. Judge Cosby has been married to Kathryn for 31 years. Their son Tucker works in California for the FAA as an air traffic controller and their daughter Anne Claire is a behavioral analyst working with autistic children and lives in Midland with her spouse Trace. “I wake up every morning feeling blessed that I have a wonderful family, am involved in a profession and position that I truly enjoy, work with a great staff and have the opportunity to interact constantly with good and bright attorneys, young and old. I am constantly humbled by the position that I carry. There are difficult days but I recognize that we all have such days and remain committed to my work. 22 www.tarrantbar.org MAY/JUNE 2022
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Professionalism Award
M
MONIQUE LOPEZ-HINKLEY
onique Lopez-Hinkley is a native Texan, born in El Paso. She obtained her BA in Government from the University of Texas at Austin in 1990. After graduation, Monique worked as a substitute teacher in Austin. While assigned to one school in the less-privileged part of Austin, Monique met three women who changed the course of her life. They each individually and separately sought her assistance with different legal issues. Monique assisted them as best she could, helping them fill out forms and locating resources for them. Monique wondered why these women were having to maneuver through their legal issues on their own and she asked herself if there wasn’t some place they could go for assistance. Monique took the experience of working with these three women as a sign that she was supposed to be a Legal Aid attorney. The next fall, Monique enrolled in law school at the University of Houston Law Center, obtaining her JD in 1993. She started with West Texas Legal Services (now Legal Aid of NorthWest Texas) in May 1994. Although Monique has practiced in many areas of law, family law has always remained her primary focus. She considers herself fortunate to have landed in Fort Worth at the beginning of her career. Tarrant County was a wonderful place for a young attorney to learn and grow. Serving as the liaison between Legal Aid and the Women’s Shelters in her early years taught her the importance of collaboration. Monique understands that a greater impact can be made in the community when partner agencies work together, and therefore strives to keep Legal Aid’s partnerships as strong as possible. Monique is married to Chris, whom she married three weeks before starting work at Legal Aid, and is the mother of two wonderful daughters.
Big Brothers Big Sisters Lone Star, and could not be more proud of her first-generation-college-bound “Little Sister”. Andrea prioritizes time for treasured friendships; for her two parents, three siblings and their spouses, and six nieces; for her dog, Sherlock; and for her soulmate, her husband Luke McMahan. And when there’s nothing on the calendar, she enjoys reading and traveling.
Outstanding Young Lawyer Award
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ANDREA PALMER
ndrea M. Palmer is Vice President of Legal & Compliance at Higginbotham Insurance Agency, Inc., one of the largest independent insurance agencies in the United States, with 100+ offices in thirteen states. Andrea is a first-generation college and first-generation law-school graduate, the only lawyer in her family. Navigating college, scholarships, financial aid, part-time work, and starting a career as “the first” was not easy, but it made her the resourceful, productive, and confident attorney she is today. Andrea graduated with a B.A. in history from the University of Texas, where she was a member of the History Honors Society. Between college and law school, she taught English in Prague, Czech Republic. She then attended Baylor School of Law on a full academic scholarship, graduating cum laude. At Baylor, she made the Dean’s List five times, was appointed to the Order of Barristers, and competed in mock trial and moot court, ultimately placing as Second-Best Advocate at the National Civil Trial Competition. After law school, Andrea litigated with the law firm of Anderson & Riddle, LLP, in Fort Worth, Texas., where she represented aviation clients in state and federal court throughout the United States. In 2018, Andrea joined Higginbotham, where she now serves as the firm’s first corporate counsel, overseeing legal and compliance matters, with a focus on legal as a problem solver and business driver. Diversity, equity, and inclusion are important to Andrea, and she has brought that passion to service, both inside and outside the legal community. She is a Past-President of the Tarrant County Young Lawyers Association, Past-Chair of the State Bar of Texas Aviation Section Council, and PastChair of the Tarrant County Corporate Counsel Section. She currently serves as a Director for the Texas Young Lawyers Association and Member of the State Bar of Texas Insurance Law Section. Andrea has been voted a Top Attorney and Rising Star by her peers, and has been selected as one of Fort Worth, Inc.’s 400 Most Influential People in Fort Worth several times. She is an active member of the Cliburn, the Modern, and the Kimbell. For the past three years, Andrea has been a Big Sister with
Outstanding Mentor Award
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BRIAN NEWBY
rian Newby heads the Public/Regulatory practice for Cantey Hanger. He has extensive experience in commercial litigation as well as regulatory matters. With over 30 years of courtroom and state administrative law experience, he specializes in assisting clients in resolving high-profile, complex issues. He counsels large and small businesses, as well as state and local governmental entities, on a wide variety of administrative law and legislative initiatives impacting their day-to-day business operations. His client base includes leaders in the fields of education, water, transportation, and health care. A courtroom advocate, Brian has taken to trial, arbitration and mediation hundreds of cases involving commercial business disputes, construction defects, public and private contract claims, personal injury, and employment agreements. In addition, his practice includes representing clients before state and federal administrative hearing boards. A seasoned litigator, he has tried cases in state and federal courts throughout the state of Texas. Experienced in state and local government, Brian served as the Chief of Staff and as the General Counsel to the Governor of Texas. He co-chaired the State of Texas’ hurricane recovery efforts following Hurricane Ike. He also has an extensive background in conducting independent investigations of sexual assault, sexual harassment, professional responsibility, violation of management standards/policies and violations of national, state, and local codes of professional conduct. For a number of years, Brian served as the outside general counsel to the Houston General Insurance Company. Brian began his legal career as an Air Forces lawyer (JAG), where he served as a felony courts-martial prosecutor, a MAY/JUNE 2022 TCBA BULLETIN 23
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defense attorney and conducted numerous commanderdirected investigations. Following active duty, he joined Cantey Hanger where he has been a partner in both the Fort Worth and Austin offices. He now holds the position of Counsel in the Fort Worth office. He was named to Extraordinary Minorities in Texas Law (2010) by Texas Lawyer Magazine and to Power Attorneys (2012) by Fort Worth Business Press. A committed military officer and proven leader, he formerly managed over 450 military lawyers and paralegals nationwide in a reserve component of the U.S. Air Force. He retired at the rank of Major General.
free the enslaved. In 2019 she launched an online petition campaign that garnered over 1.6 million signatures to continue the crusade for holiday observance. Ms. Opal currently serves on the board of Unity Unlimited, Inc., Transform 1012 N. Main Street, and is a Board Member and Honorary Chair of the National Juneteenth Museum. She has received three honorary doctorates, has been named 2021 Texan of the Year by the Dallas Morning News editorial board, the 2021 Unsung Hero of the Pandemic, Fort Worth Inc.’s 2022 Person of the Year and most recently was nominated for the Nobel Peace Prize. g
Thank You to Our Current Sponsors T able S ponsors
Liberty Bell Award OPAL LEE
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nown as the “Grandmother of Juneteenth,” Ms. Opal Lee was present on June 17, 2021, when President Joe Biden signed the Juneteenth National Independence Day Act bill that established June 19 or “Juneteenth” a federal holiday. Ms. Lee said on that day, “Now we can celebrate freedom from the 19th of June to the 4th of July!” Opal Lee was born in Marshall, Texas in 1926 and moved to Fort Worth, Texas in 1937. At the age of 12, her family’s home was destroyed on June 19, 1939, but she nor her family allowed that to deter them from making an impact in the community. She has served on many boards and with many organizations including Citizens Concerned with Human Dignity (CCHD), Habitat for Humanity, and the Tarrant County Black Historical & Genealogical Society dedicated to the preservation of the history of the Fort Worth Black populace. During her tenure as Chairman of the Community Food Bank, the organization received the 1.3-million-dollar 33,000 sq. ft. facility that now serves 500 families a day. Ms. Lee is the oldest living board member of the National Juneteenth Observance Foundation (NJOF) a national movement started by the late Dr. Ronald Myers to have Juneteenth declared a national holiday. At 90 years of age, she started her walking campaign from Fort Worth, TX to Washington, DC to bring awareness to the need for celebrating Juneteenth nationally. She walked 2.5 miles in cities all across the country to represent the 2.5 years it took after Lincoln signed the Emancipation Proclamation for enforcement to reach Texas to 24 www.tarrantbar.org MAY/JUNE 2022
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Cantey Hanger LLP Kathryn Cosby Kelly Hart & Hallman LLP Pham Harrison, LLP Sharen Wilson Criminal District Attorney's Office
Tarrant County Young Lawyers Association
L aw D ay S upporters Higginbotham Insurance Agency, Inc. Law Offices of Randall E. Turner, PLLC Texas A&M University School of Law Texas Wesleyan University The Medlin Law Firm, PLLC
IN MEMORIAM Allen L. Williamson 1974–2022
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llen Linn Williamson, 47, of Runaway Bay, passed away on Saturday, May 14, 2022, at Decatur, Texas. Allen was born on October 30, 1974, in Hobbs, New Mexico, to Dan and Elizabeth Williamson. He graduated from Hobbs High School in 1993, where he was elected State Student Body President. Allen met Mendee Gunn in 2nd Grade in Hobbs, they started dating their senior year of high school, and they married in 1995 in Hobbs. Allen received a Bachelor of Arts degree in Speech Communication from Texas A&M University in 1996. Allen later received his Doctor of Jurisprudence degree from Texas Wesleyan University (now Texas A&M School of Law) in 1999, where he served on Law Review. Allen was a founding partner in the law firm of Boyd Powers & Williamson, with offices in Decatur, Fort Worth and New Mexico. Allen was a litigator, practicing law for 22 years, and licensed in Texas, New Mexico and Oklahoma. Allen zealously represented clients all across Texas and the United States, handling both civil and criminal cases, and representing both plaintiffs and defendants. Although Board Certified in Criminal Law by the Texas Board of Legal Specialization and the National Board of Trial Advocacy, Allen recently focused his trial practice on civil cases, with an emphasis on complex commercial and personal injury and wrongful death litigation. Allen was a highly skilled trial attorney who had a unique gift of effectively and passionately communicating his client’s position, yet always treating both co-counsel and opposing counsel with the utmost respect and courtesy. Before founding Boyd Powers & Williamson, Allen was the First Assistant District Attorney for the 271st Judicial
District Court, covering Wise and Jack Counties. Allen was recognized by Thompson Reuters on the Texas Super Lawyers list from 2013 to the present, and prior to that was on the Texas Super Lawyers Rising Stars list from 2011 to 2013. Allen was a member of the American Board of Trial Advocates, and was serving as President-Elect of the Fort Worth Chapter of ABOTA. Allen previously served on both the Pattern Jury Charge Committee and the Professionalism Committee of the State Bar of Texas. Allen was also dedicated to serving his community. He served on the Wise Health Foundation and other community groups. Allen was also elected and diligently served as the Republican Chairman of Wise County from 2008–2018. Allen was a faithful member of Grace Fellowship. He was a passionate Christian, a devoted husband, a loving father, and a true friend to countless people. Allen possessed an infectious personality, demonstrating a sense of genuine connection and fellowship with everyone with whom he came in contact. If you met Allen, you met a friend for life – and Allen always made time to visit with and care for his friends. He was loved and respected by a multitude of people. His smile and warm heart always made you feel special, and his boisterous sense of humor and ability to share one funny story after another was unmatched. Survivors include his wife, Mendee Williamson of Runaway Bay; children, Jessica, Amber and Aaron Williamson of Runaway Bay; mother, Elizabeth Williamson of Runaway Bay; and brother, Russ Williamson and his husband, Shawn McCalister, of Dallas. Allen was preceded in death by his father, Dan Williamson. g Published on Hawkins Funeral Homes 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 sarah@tarrantbar.org for more details. MAY/JUNE 2022
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Member Benefits Vendor List
Bar Bulletin ▪ May/June 2022 Tarrant County Bar Association TCBA members may take advantage of discounts 1315 Calhoun Street provided by the following vendors: Fort Worth, TX 76102-6504 AMO Office Supply offers TCBA members the lowest ADDRESS SERVICE REQUESTED
PRESORTED STANDARD U. S. POSTAGE PAID FORT WORTH, TX
price guaranteed on office supplies, with next-day delivery and free shipping! Call 800.420.6421.
PERMIT 1807
Falcon Document Solutions, provides quick, efficient and reliable process service, document 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 tracy@tarrantbar.org or 817.338.4092. For IT Help: Juris Fabrilis - Cool Tools for Lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101. For Shredding and Document Disposal: Magic Shred is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Call 940.783.6580 for details. Thomson Reuters Exclusive TCBA offer of 15% off new Westlaw subscriptions or upgrades to current subscriptions*, including our latest AI enhanced platform, Westlaw Edge. Please contact your local Account Executive, Ben Galloway, for more information: Ben.Galloway@TR.com. *Restrictions apply, please contact your AE for details. g
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Deborah Adame.....................................................10 Law Offices of Laird and McCloskey...Inside Front Cover LawPay.....................................................................9 Parker Law Firm.....................................................11 Texas Lawyers’ Insurance Exchange........................10
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