Tarrant County Bar Association Bar Bulletin (May/June 2023)

Neal W. Adams Blackstone Award

Judge Jerome S. Hennigan Silver Gavel Award

Karmen Johnson Professionalism Award

Brian Singleterry Outstanding Young Lawyer Award

Judge Mark T. Pittman Outstanding Mentor Award

Denee Borchardt Liberty Bell Award

PRESIDENT'S PAGE

KAREN DENNEY

2022–2023 TCBA President

My year of having the honor to serve as your Tarrant County Bar Association President ends on June 30th. Some of you have heard me say that I never intended to be President of the Tarrant County Bar Association. Rather, my friend and former TCBA President Lance Evans asked me to serve a one-year Director term in 2018, and, since it was Lance asking, I did not say “no” to the opportunity. I intended to serve as a Director for one year during Lance’s presidency to support whatever the TCBA and Lance needed that year. One year later then-TCBA Executive Director Megan Cooley asked if I would be willing to run for the TCBA Secretary-Treasurer position because the TCBA, apparently, was having issues finding two people to run for this position, which the TCBA Bylaws require. I again did not say “no” to the opportunity. After being elected to the Secretary-Treasurer position in 2019, I continued to track up through the Vice President and President-Elect positions to this 2022-2023 bar year.

It has been a long five years on the TCBA Board. During the past five years, under the guidance of then-TCBA Presidents John H. Cayce Jr. and Gary Medlin, we worked through how to continue to serve the TCBA’s members and run the TCBA during and coming out of a pandemic. TCBA President Kimberly Naylor then guided us through finding and hiring a new Executive Director, Kayla Dailey, after Megan resigned to become General Counsel of Texas Wesleyan University. The past five years have required a lot of thoughtful work for the entire TCBA Board, and we hope that our actions and decisions over this time period have strengthened and improved the TCBA and its services to its members.

As I said I would do at the beginning of this bar year, Kayla and I have been meeting with various groups of TCBA members throughout the past year to poll those members about how the TCBA has been serving its members and how it can improve. Those discussions will continue under Lu Pham’s TCBA presidency over the coming year, as the TCBA exists to, among other things, serve its members and wants to ensure that it is doing so at the highest level.

There have been some take-aways from the meetings that have been held and from reviewing our potential membership with our actual membership. Prior to the pandemic we had

more TCBA luncheons than we are currently hosting, and some members have indicated that they are more likely to attend luncheons than after-work events. In the fall, we will be adding an additional TCBA member luncheon back into the rotation and plan to have a judicial panel speak at that luncheon to give our members an opportunity to hear from our local judiciary, along with another chance to see, and catch up with, other TCBA members.

We also have substantial room to grow in our TCBA membership numbers with in-house and government attorneys. State Bar records show that there are more than 900 attorneys that comprise this portion of our legal community. However, many of these attorneys are not TCBA members. We need to determine and add TCBA membership benefits to serve these attorneys in our Tarrant County legal community. This year our TCBA Bylaws Committee, led by Andrew Rosell, has drafted general updates to the TCBA Bylaws, last amended in 2011. In addition to the general updates, the proposed amendments to the TCBA Bylaws include a new provision that would allow the TCBA Board to appoint an additional TCBA Director each year to serve a one-year term, which Director would be an in-house attorney or a non-elected government attorney. These attorneys, who do not need referrals from other attorneys, have no incentive to run to be a TCBA Director. However, we need direction from these attorneys to determine how the TCBA can best serve these attorneys. Giving the TCBA Board the ability to appoint an in-house or government attorney to the TCBA Board each year should give the TCBA this needed direction. I am hopeful that the TCBA membership will pass these TCBA Bylaws amendments at the July meeting.

I am thankful for my TCBA Board and the hours they have put in over the past year. I also am grateful for Kayla and the other TCBA staff members for their diligent work to ensure that the TCBA is serving its members and otherwise supporting the TCBA’s mission. I immensely enjoyed getting to meet some of you I had not met prior to this year and serving as your TCBA President. I encourage you to accept opportunities presented to you to serve in roles (with the TCBA or otherwise) that you never intended to perform. Like I have this last year, you will likely get more out of the service than you put into it. g

www.tarrantbar.org email: tcba@tarrantbar.org

2022–2023

President..........................................Karen Denney

President-Elect.........................................Lu Pham

Vice President...................................Scott Lindsey

Secretary-Treasurer.................Marvina Robinson

Director.........................................John Brookman

Director..................................................Cheryl Leb

Director.......................................Michael McBride

Director..............................................Bryan Bruner Director..........................................Lyndsay Newell Director...........................................Angel Williams

Appointed Director............................Christy Jack

Appointed Director...........................Aleed Rivera

Fall 2022 President.....................Aulstin Gardiner

Fall 2023 President....................Elizabeth Haslam

Immediate Past President..........Kimberly Naylor

Executive Director.............................Kayla Dailey

Director..................................................Jeff Cochran

Graphics/Production...................Elizabeth Banda

Tarrant County Bar Bulletin is a bi-monthly publication of the Tarrant County Bar Association.

photos, suggestions or comments should be directed to: elizabeth@tarrantbar.org

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

published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant County Bar Association, its officers or the Board of Directors. Advertisements and feature articles should not be considered an endorsement of any service, product, program, seminar or event.

Members of the 2022-2023 100 Club

*List Reflected Below is as of May 28, 2023

Adams, Lynch & Loftin, P.C

Albert Neely & Kuhlmann LLP

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 Jennings & McGlinchey PC

Brown, Proctor & Howell, LLP

Curnutt & Hafer, LLP

Decker Jones, P.C.

Dismuke & Waters, P.C.

Forshey & Prostok, LLP

Freeman Mills P.C.

Griffith, Jay, & Michel, LLP

Harris, Finley & Bogle, P.C.

Harrison Steck, P.C.

Haynes and Boone, LLP

K & L Gates LLP

Kelly Hart & Hallman LLP

Linebarger Goggan Blair & Sampson, LLP

McDonald Sanders, P.C.

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

Robbins Travis, PLLC

Ross & Matthews P.C.

Second Court Of Appeals

Phil Sorrells, Criminal District Attorney's Office

Taylor, Olson, Adkins, Sralla & Elam, LLP

The Blum Firm, P.C.

The Colaneri Firm, P.C.

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 PC

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 2022–2023 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.

YLA SNAPSHOT

AULSTIN GARDINER 2022–2023 TCYLA President

Summer is here and the TCYLA 2022-23 year is coming to an end. My year as President has truly been rewarding thanks to my entire board’s hard work on putting together some amazing events, CLEs, happy hours, and even a softball team or two.

In April, Spring Fiesta was a great success. We had an amazing turnout of lawyers (of all ages) and Judges. We enjoyed live music, silent auction, and raffle prizes thanks to a bunch of very generous sponsors who donated to the event. I would like to personally thank the following Judges who were able to turn out for this event and enjoy a few enchiladas with the TCYLA and its members: Judge Kenneth Newell, Judge Don Pierson, Judge Jeffrey Kaitcer, Judge Ralph Swearingin, Jr., Judge Eric Starnes, Judge Patricia Baca Bennett, Judge John Eck, and Judge Cynthia Terry.

Board member Joseph Austin has been putting on some amazing CLEs at our usual location, Reata. In March, we heard from Carder Brooks of Nelson Bumgardner Conroy, PC on his presentation “Tricks of the Trade(mark)” where he discussed Trademark and IP Laws. We also just heard from Judge Steve King on Bonds Inventories & Accounting. Keep an eye out in our newsletter as well as our social media for future presentations and topics: Instagram - @tarrantyounglawyers or on Facebook by searching “TCYLA.”

Lastly, we just held out officer election for next year and I am happy to announce that Ola Campbell will be the new President-Elect for the 2023-24 year, serving under our next President, Elizabeth Haslam. John Easter will be serving as the Secretary Treasurer as well. As I expressed in the last Bar Bulletin, I’m excited to see what they do next, and I know that I’m leaving the TCYLA in good hands. If you are interested in being on the TCYLA Board, please reach out to an Executive Committee member for more details. g

DIAMOND

Cantey Hanger LLP

Kelly Hart & Hallman LLP

The Medlin Law Firm, PLLC

Naman, Howell, Smith & Lee, PLLC

Phelps Dunbar LLP

Real Property Receivership Services

Seltzer Family Law, PLLC

Stoy Law Group, PLLC

Texas A&M Univerrsity School of Law

Wick Phillips

PLATINUM

Brackett & Ellis, P.C.

Varghese Summersett PLLC

GOLD

Dally & Webb Family Law, PLLC

McDonald Sanders, P.C.

SILVER

Dawn King Law Group

KoonsFuller, P.C.

Walters Law Office, PLLC

BRONZE

Parker Law Firm

Patel | Gaines PLLC

Veritext

By Lauren St. Clair, Membership Director

Renew Your TCBA Membership for 2023-2024!

The 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 a myriad of networking events and section meetings and offered over 75 hours of CLE credit. We encourage you to continue taking advantage of TCBA member benefits by renewing your membership for the 2023-2024 TCBA Bar Year and look forward to seeing you at one of our upcoming events or programs in the new bar year. Membership renewal information was emailed to all members on June 1 and additional reminders will continue

to be sent out. As you may notice, the TCBA online renewal process looks a little different this year and has been updated so that renewing your membership online is easier than ever. For any questions about the renewal process or how to opt-in to automatically renew your membership subscriptions going forward, please contact me at laurensc@tarrantbar.org. Avoid losing your member benefits by renewing early via your MyTCBA portal or by following the instructions in your renewal email.

As always, thank you for your continued support of the TCBA! 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. Last-minute 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.

For room rental reservations, contact Tracy Card at tracy@tarrantbar.org.

Law 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. Neal W. Adams’s career has surpassed these qualities, showcasing unparalleled dedication and excellence.

The Silver Gavel Award recognizes a distinguished member of the judiciary who has made a significant and remarkable contribution to the legal profession. This year’s recipient is Judge Jerome S. Hennigan

The Professionalism Award is bestowed upon a member of the legal profession who has demonstrated exemplary professional conduct throughout their career. This year’s recipient is Karmen Johnson.

The Outstanding Young Lawyer Award, presented by TCYLA, recognizes a talented and dedicated young lawyer who has shown exceptional skill, outstanding service to the legal profession, and a strong commitment to serving the community. This year’s recipient is Brian Singleterry.

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 Judge Mark T. Pittman.

The Liberty Bell Award honors an exceptional nonlawyer who has selflessly contributed to the community, strengthening the effectiveness of the American system of justice and fostering a greater understanding and appreciation of the law. This year’s recipient is Denee Borchardt

Award recipients were honored at the 2023 Law Day Awards Luncheon held on Tuesday, May 2, 2023, at the Hilton Fort Worth.

Blackstone award

NEAL W. ADAMS

Neal Adams was born and raised in Tyler, Texas. He earned his BBA in Marketing from Texas A&M University in 1968 and obtained his Juris Doctor in 1970 from Baylor University School of Law. While attending Texas A&M University, he was Head Yell Leader from 19671968. He served on the Student Senate and was Adjutant General for 2nd Brigade Staff of the Corps of Cadets.

After obtaining his Juris Doctor in 1970 from Baylor University, Neal served in the United States Army as a 1st Lieutenant, Adjutant’s General Corps, and was trial counsel for Headquarters Command, Fort Jackson, South Carolina, earning the Army Commendation Medal for Meritorious Service and was honorably discharged in 1972.

Neal resides in Bryan, Texas and has been practicing law in Tarrant County since 1972. He is President of the law firm of Adams, Lynch & Loftin, P.C., located in Grapevine, Texas. He is a past member and Past President of the Board of Trustees, Hurst-Euless-Bedford Independent School District. He is also a past member and Past President of the HurstEuless-Bedford Chamber of Commerce. He is also a past member of the Board of Directors and Past President of the Mid-Cities Rotary Club.

Neal continues to be very supportive of Texas A&M University. He serves as a member and Past Chairman of President Banks’ Board of Visitors for the Corps of Cadets, a member of and Past Chair of the Chancellor’s Century Council, Past Chair of the 12th Man Foundation, a Past President and current Treasurer of the Former Yell Leaders’ Association. He continues to serve as a member of and Vice Chair of the Dean’s Development Council, Texas A&M University School of Law. Neal serves as a member of the Advisory Board and as Chair of the Development Committee for the Texas A&M University Bush School of Government and Public Service. He is also Chairman of the Board of the Baylor Oral Health Foundation Board of Trustees which supports the Texas A&M University School of Dentistry. Since the inception of the Texas A&M University School of Law Neal services as a member and as Chair of the Advisory Board of the Law School.

In 2001, Governor Rick Perry appointed Neal as a member of the Texas Higher Education Coordinating Board where he

served for six years, and in July 2005 Governor Perry appointed him Vice Chairman of the Texas Higher Education Coordinating Board. He is a member (2009-to date) and the current Chair of the Board of the Texas Higher Education Foundation (2011to date).

Neal is the recipient of the 2022 Distinguished Aggie Lawyer Award from the Texas Aggie Bar Association. He is also the recipient of the 2020 Dan Rugeley Price Memorial Award from the Texas Bar Foundation for professionalism. In 2016, he was presented the 2016 Kelly Frels Lifetime Achievement Award by the State Bar of Texas School Law Section. In 2015, Neal was inducted into the Hall of Fame, Hurst-EulessBedford Independent School District as a former member and President of the Board of Trustees. In February 2008, Neal was named by the Association of Former Students as a Distinguished Alumni of Texas A&M University and in 2010 he was inducted into the Hall of Honor, Texas A&M University Corps of Cadets. From 2003 through 2011 and 2013 through 2023, he was named one of the Texas Super Lawyers in school and education law by Texas Monthly Magazine. In October 2002 and 2007, Texas Lawyer Magazine named him as the “Go-To-Lawyer” for school law in the State of Texas.

He has been a continual supporter of the Texas A&M University School of Law from its inception, which is located in downtown Fort Worth, and served on the Law School’s Search Committee for its first Dean in 2013 and on its Law School’s Search Committee for its second Dean in 2017.

Member of the Tarrant County Bar Association (1972 to date), Member and Chair (2002), District 7A Grievance Committee, State Bar of Texas (2000-2002); Member and Chair (2017-2018), Board of Directors, Tarrant County Bar Foundation (2013-2019); Co-Chair and Member of the Executive Planning Committee of the Tarrant County Bar Foundation (2019) coordinating and promoting the First Annual “Justice for All” Gala in November 2019; Member, Board of Directors, Texas Bar Foundation (2009-2012), Fellows Chair (20112012); Member, Tarrant County New Civil Courts Building Design Tax Force (2008-2012); Chairman and Member of the District 7, Texas Bar Foundation, Fellows Nominating Committee (2008); Member, Board of Directors, Texas Board of Legal Specialization, State Bar of Texas (2000-2003); Member and Chair (1999-2000), State Bar of Texas, School Law Section (1987 to date); Co-Editor, State Bar of Texas, School Law Section Newsletter (1997-1999); Sustaining Life Fellow, Texas Bar Foundation (1986 to date); Charter Member, Tarrant County Bar Foundation (1986 to date}; Member, Texas Bar College (1986 to date).

silver Gavel award

JUDGE JEROME S. HENNIGAN

The Honorable Jerome S. Hennigan graduated from Texas Tech University and from the Texas Tech University School of Law and began his legal career in Tarrant County. He was in private practice in Fort Worth and in Arlington. During that time, he was a member of the Tarrant County Bar Association, the Tarrant County Family Law Bar Association, the Arlington Bar Association, and served on the Fee Dispute Resolution Committee. Additionally, he served on the Board of Regents of The Oakridge School.

In the 1970’s Judge Hennigan served as Municipal Judge for the City of Fort Worth and, thereafter, as a judge pro tem. In 2002, he was appointed as the Associate Judge of the 324th District Court and, in 2006, was appointed and then elected as the District Judge of the 324th District Court. He served as the elected judge until his retirement in December, 2022. During his tenure on the bench, he also served as Chairman of the Tarrant County Juvenile Board and as the Local Administrative Judge.

Judge Hennigan has been married to his wife, Kim, for 43 years. He has two children, Stacey and Scott, as well as five grandchildren.

Professionalism award

Karmen Johnson, a native of Ohio, received her Bachelor of Arts from Spelman College, Atlanta, Georgia, and her Juris Doctorate from North Carolina Central University School of Law in Durham, North Carolina. She interned at Central Carolina Legal Services and West Texas Legal Services. Johnson was admitted to the practice of Law in Texas in 1987, and to the United States District Court, Northern District of Texas in 1988.

Johnson is a member of the Texas Bar, Tarrant County Bar Association, Tarrant County Family Law Bar Association, Black Women Lawyers Association of Tarrant County (where she has held several elected offices including the office of President and currently serves as Treasurer), and the L. Clifford Davis Legal Association (former Board of Director). Johnson is a former member of the Fort Worth Chamber of Commerce, Association of Trial Lawyers of America, Tarrant County Trial Lawyers Association, Forum Fort Worth, and the Tarrant County Criminal Defense Lawyers Association.

Johnson was a substitute Judge for the City of Fort Worth, served as a substitute Title IV D Court Master, Probate Court Master, and Associate Judge of the 231st District Court.

Johnson is or has been active in the past in a number of civic and charitable organizations and associations including, subscribing life member of the NAACP, Business Volunteer for the Arts, Board of Directors of Eastside YMCA (Fort Worth, Texas), past Board Member of the Ethics Committee of The Texas College of Osteopathic Medicine, of the Board of Directors of the Epilepsy Association, The Sojourner Truth Players, Executive Committee of Harris Methodist Health Exchange, the African American Summit for Peace, Justice, and Equality, the Task Force on Family Violence, the Vision Coalition, the Community Health Foundation, the Mental Health Association of Tarrant County, Board of Directors of Tarrant County Chapter NAACP and the State Bar of Texas Child Abuse and Neglect Committee.

Johnson maintains a general practice as a solo practitioner who handles cases in state district courts, county courts, probate courts, with a focus on family law, child welfare law, and juvenile law. Additionally, Johnson has taught the Laws and Standards class in the Mental Health Department, and

the Family Law class in the Legal Assistants Department at Tarrant County Junior College (now known as Tarrant County College) and lectures on various family law topics.

Johnson is married to Richard J. Harleaux, Jr., CPA, who is employed as a Financial Reporting Manager for D.R. Horton in Arlington, Texas and has a 4-legged child named Bella.

outstandinG YounG lawYer award

BRIAN SINGLETERRY

Brian Singleterry is a litigation associate in the Fort Worth office of Haynes Boone LLP, an American Lawyer top 100 law firm with 19 offices around the world. He represents businesses in recovering insurance policies, bankruptcy litigation, and many other types of disputes. His cases are in both state and federal courts, in Texas and across the country.

A first-generation college graduate, Brian was raised in Marlow, Oklahoma and earned a degree from the University of Oklahoma, where he met his wife—and Fort Worth native —Amy. After getting engaged, they moved to Fort Worth so Brian could attend Texas A&M University School of Law on a full scholarship.

In law school, Brian discovered his passion for the law. He graduated summa cum laude, ranked first in his class. During law school, he earned a certification in business law, took advanced-writing classes, and participated trial-advocacy courses. He was also an editor on the Texas A&M Law Review, where he was voted board member of the year.

Brian’s career has provided broad experience under many great mentors. During and immediately after law school, Brian worked for Robert Aldrich, representing plaintiffs in personal-injury and business disputes. Next Brian served Tarrant County as an assistant district attorney. This role provided lots of courtroom experience, allowing Brian to try 17 cases to a jury and draft six appellate briefs. Cantey Hanger then hired him, exposing him to many great mentors. There, he represented individuals in family-law cases, doctors and hospitals in medical-malpractice cases, and businesses and individuals in a variety of disputes.

After Judge Mark Pittman was appointed to the bench, Brian was fortunate to serve as a law clerk to both him and

Judge Terry Means. In this role, Brian researched and learned about criminal, civil-rights, procedural, and business issues. But more importantly, Judge Pittman and Judge Means mentored Brian, teaching him many lessons in both the law and life.

Since law school, Brian has been involved with the Tarrant County Bar. As a law student, Brian was the student liaison for the Tarrant County Bar Association and a pupil in the Mahon Inn of Court. In the Tarrant County Bar Association, Brian has served as the Chair of the Membership Committee, the People’s Law School Committee, and the Business Law Section. Brian also served on the Board of the Tarrant County Young Lawyers Association, acting as President in 20212022. And he currently is a Barrister in the Mahon Inn of Court. In these roles, Brian has organized many projects, CLEs, networking events—moderating multiple CLEs.

When not busy at work or with the bar, Brian spends as much time as he can with his wife, Amy, and two daughters, Marin and Rose.

Mark T. Pittman was sworn in as United States District Judge for the Northern District of Texas, Fort Worth Division, on August 8, 2019.

Immediately preceding his appointment to the federal bench, Judge Pittman was an Associate Justice on the Court of Appeals for the Second District of Texas, a position Governor Greg Abbott appointed him to in January 2017. Prior to serving on the Second Court of Appeals, Judge Pittman served on the trial bench of the 352nd Judicial District Court in Tarrant County, an appointment he received from Governor Rick Perry in January 2015.

In addition to his service in the judiciary, Judge Pittman is also an experienced litigator, having served as an Enforcement Attorney at the U.S. Securities and Exchange Commission in Fort Worth, a Special Assistant U.S. Attorney in the Northern District of Texas prosecuting economic crimes, a Senior Attorney for the Federal Deposit Insurance Corporation in Dallas, an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Northern District of Texas in Fort Worth, and a Trial Attorney with the U.S. Department of Justice, Civil Division,

outstandinG mentor award

Commercial Litigation Branch in Washington, D.C.

Before entering government service Judge Pittman was a civil litigation attorney with Kelly Hart and Hallman, and a law clerk to the Honorable Eldon B. Mahon of the U.S. District Court for the Northern District of Texas, Fort Worth Division.

Judge Pittman received a Bachelor of Arts degree, magna cum laude, from Texas A&M University in 1996, and a Doctor of Jurisprudence from the University of Texas School of Law in 1999.

liBertY Bell award

DENEE BORCHARDT

Denee Borchardt is the Program Director of CASA of Tarrant County. Denee joined CASA in 2016, after spending 13 years with Child Protective Services investigating and supervising child abuse and neglect cases. As Program Director, Denee works closely with many different local stakeholders including, OCOK, DFPS, and the judicial system. She works hard to ensure families and children receive the most appropriate support during the most difficult time in their lives. g

THANK YOU TO OUR LAW DAY SPONSORS

GOLD SPONSOR

Adams, Lynch & Loftin, P.C.

Black Women Lawyers

Association - Tarrant County & Judge Maryellen Hicks

Kelly Hart & Hallman LLP

Phil Sorrells, Criminal District Attorney’s Office

SILVER SPONSOR

Haynes and Boone, LLP

McDonald Sanders, P.C.

Tarrant County Young Lawyers Association

BRONZE SPONSOR

Gardner, Smith & Vaughan, PLLC Judge Pat Gallagher

Texas A&M School of Law

Varghese Summersett PLLC

Join Chief Justice Bonnie Sudderth and Justices Wade Birdwell and Dabney Bassel for a moderated panel discussion on the foundational principle of civility in the courts and in the legal profession. The justices will offer views from the bench and observations on civility in general practice and appellate settings, focusing on the key attributes of civil conduct, humility, respect for opposing views and values, management of negative responses and emotions, and adherence to the Disciplinary Rules and the Texas Lawyer’s Creed.

. . .

AND NOW A WORD FROM OUR SECTIONS

A Wonderful Bar Year

As the bar year winds down, it is time to reflect on the wonderful things each section accomplished this year.  The sections hosted some great CLE and social events, a wealth of knowledge was passed along during the CLE sessions and friends got to spend a little more time together.  It has been nice seeing the sections back in full swing!

By Tracy Card, Office Manager

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

Interested in participating in a leadership role with the TCBA? Contact tracy@tarrantbar.org for more information on becoming a 2023-2024 Section Officer.

CONSTRUCTION LAW SECTION

By Bryan M. Kelly, Construction

Discover the Benefits of the Construction Law Section

The Construction Law Section of the Tarrant County Bar Association is a newer section, formed in 2012, and it continues to grow as focus on construction law as a distinct specialty and practice area increases. The goal of the Section is to bring construction attorneys and experts together in a forum to facilitate discussion of construction and construction law, which not only creates a legal community in construction, but also informs non-Section members of potential topics of interest. The Section pursues its goal by putting on seminars and CLEs, as well as hosting social events. In this article, the Section briefly highlights some of this past year’s events and discussion topics, and encourages all attorneys, students, and experts interested in construction to join future events, no matter their current area of focus.

Typically, the Section hosts luncheons on the third Thursday of each month at the Tarrant County Bar Center. These luncheons cover a variety of topics that frequently illustrate both construction law’s overlap with other areas of practice and its uniqueness from all other areas. As a few examples, recent luncheon topics included: “Texas Sales Tax for the Construction Industry,” presented by Danielle Ahlrich of Reed Smith LLP; “Selected Issues in Commercial Construction Bankruptcies,” presented by Jason Kennedy of Laperouse Law; “Freedom of Contract v. Equity – Compliance with Conditions Precedent after James Construction v. Westlake Chemical ,” presented by Luke McMahan of Harrison Steck, PC; and “Anatomy of Delay Claims,” presented by Matt Nichols and Brian Stigler of Delta Consulting Group. Each of these topics touch on non-construction matters and identify the nuanced technicalities and requisite industry knowledge involved in the practice of construction law.

In addition to luncheons and other seminars, the Section hosts social events. Most recently, the Section hosted light bites and happy hour on the top-floor bar of the Kimpton Harper Hotel, located off Main Street in Downtown Fort Worth. This event was an opportunity for Tarrant construction practitioners to relax, trade war stories, learn about the particularities of each other’s practices, and identify potential referrals for when a client comes with a matter just outside a specific practice. After that success, the Section is eager to mix and mingle further and intends to host additional social events, including those coordinated with the State Bar’s Young Construction Lawyers group, whose Fort Worth representative is Bryan Kelly of Shackelford, Bowen, McKinley & Norton LLP. As all construction lawyers know, construction practitioners are proud of their expertise, professionalism, and congeniality state-wide, and the Construction Law Section of the Tarrant

County Bar is proud to facilitate the same here, out of Fort Worth, Texas. Future socials will support the Tarrant County construction group in remaining tightknit and keep it connected with the State Bar group. The Section will post events through the Tarrant County Bar, and the Section’s officers can answer any specific questions. Current officers’ information is listed at the end of this article.

We look forward to continuing to learn and grow in the practice of construction law together. If you have not joined us before, please do, whether it is just for a beer or out of an uncontrolled interest in critical path method scheduling; engineering, procurement, and construction contracting; or lien-law deciphering. g

Michael Jackson (President; Harrison Steck, PC); Bryan M. Kelly, (Vice President; Shackelford, Bowen, McKinley & Norton LLP); Christopher A. Brown (Duane Morris LLP).

Construction Law Section 2022-2023 Leadership

Law Section Vice President Shackelford, Bowen, McKinley & Norton LLP

WELLNESS CONNECTIONS COMMITTEE

By Kimberly Stoner, Wellness Committee Chair KoonsFuller,P.C.

Hello from your Health and Wellness Chair–

Ilove being a lawyer. I’m proud to be a part of this profession and thankful that I am fortunate enough to practice in one of the best counties in Texas. With that said, it is an unfortunate fact that mental health issues and substance abuse are widespread within all legal communities, including Tarrant County. Let’s face it, we deal with a lot of stress. Even if you personally are doing well, it is likely that you know at least one colleague or friend in the legal community who concerns you.

It is the goal of the Health and Wellness committee to not only help ourselves but also our colleagues and friends, and to provide those who may not be struggling with the knowledge of how to approach someone in need with compassion.

We have an array of exciting events planned for the upcoming months. These events are designed to promote our mental and physical well-being while also providing valuable information on supporting our friends. The Yappy Hour, an after-work gathering with our pets, originally scheduled for April, had to be postponed due to inclement weather. The

new date is to be announced. Be on the lookout for more information on upcoming wellness events including a judicial panel CLE and an ice cream social!. Dates for these events will be forthcoming soon. See y’all there! g

Welcome

New Members of

LAWYERS ON THE MOVE &

the TCBA: in the News

ATTORNEYS

Idris Akinpelu

Michael Anders II

Rebecca Armstrong

Zachary Ashford

Ly-Huong Barrett

Stephenie Bauer

Susan Bond

Edwin Castellano Beuses

Andrew Christman

Julia Crocker

Wande Ewovan

Jeffry Foust

Alexis Goldate

Amy Hedgecock

Kathryn "Katie" Heflin

Bart Johnson

Sara Keller

Yianna Lazanas Farley

Jonathan Manning

Mikyle Margetis

Michael Mayfield

Patrick McCarthy

Lory Moore

Mary Pettitt

Preston Polk

Susan Pruett

Vanessa Ramirez

Stephanie Richardson

Reagan Riddle

Jose Robles Jr.

Arti Sharma

Derek Sherrill

James Sikes

Cara Sitton

Emily Slifkin

Erika Staif

Ngoc-Bich Tran

Kristina Velt

Sarah Walsh

Kristin Wehmeyer

Nicholas Wilbur

Madeleine Zemler

PARALEGAL

Martin Rodriguez

STUDENTS

Emma Purcell

Zane Williams

Jacob Wood

The Blum Firm, P.C.’s Marvin Blum enjoyed his third opportunity to ask a question to Warren Buffett and Charlie Munger at the 2023 Berkshire Hathaway Annual Meeting in Omaha. Just prior to the meeting, those wishing to ask a question head to a lottery drawing. The resulting holders of the winning tickets get the opportunity. This year was Blum’s third time to be chosen to ask a question.

Blum’s question this year continued the estate planning theme of his past two questions at prior years’ annual meetings, with a focus this year on preparing heirs for an inheritance. He asked Buffett for his thoughts on a widespread problem in the world of estate planning, the failure of most parents to prepare the next generation for the inheritance coming their way.

A complete transcript of Blum and Buffett’s interaction as well as additional information can be found at https://conta.cc/41fpzjn.

Upon returning from the meeting in Omaha, Blum reflected on lessons learned from Buffett: “Parents worry that a large inheritance will ruin their kids. Buffett emphasized that the more important inheritance isn’t the parents’ money; it’s the family’s values. When parents model a life with purpose, children learn from watching, teaching them to live responsibly, ethically, and put the money to good use.”

Blum is a nationally recognized estate planning expert known for creating customized, cuttingedge estate plans for high-net-worth individuals. He is Board Certified in Estate Planning and Probate Law and is distinguished as a Fellow of the American College of Trust and Estate Counsel (ACTEC).

Jackson Walker announced its largest partner class, to date, in February 2023. Among the 16 new partners are three from the Fort Worth office:

Jarrod Cone assists clients with the acquisition, disposition, financing, and leasing of commercial property, including office, retail, medical, and industrial projects nationwide. In recognition of his work, Jarrod was named among the Best Lawyers: Ones to Watch for Real Estate Law in 2023. Outside of his practice, Jarrod is a member of the Real Estate Council of Greater Fort Worth and serves as a Young Leadership Council Member. He obtained his B.S. from Louisiana State University and his J.D. from University of Georgia School of Law.

Brett M. Epstein handles the acquisition, disposition, development, and leasing of various types of real estate projects, including commercial, multifamily, mixed-use, and raw land assets. In recognition of his practice, Brett has been named among the Best Lawyers: Ones to Watch since 2021 and as a Texas Rising Star by Thomson Reuters’ Super Lawyers in 2022. Brett is a fellow of the Texas Bar Foundation and the Tarrant County Bar Foundation. He obtained his B.A. from the University of Georgia and his J.D. from Texas Tech University School of Law.

Jeffrey R. Gilmore primarily represents aerospace clients in litigation and aircraft transactions. Jeff has experience in complex product liability cases, multi-district royalty litigation, fiduciary litigation, probate matters, power-of-attorney disputes, trade secret litigation, and the arbitration of a business divorce. He also serves as the live TV host and color commentator for the world’s only private aircraft auction that is presented quarterly by his client, Assent Aeronautics. In recognition of his practice,

Marvin Blum Jarrod Cone

Brett M. Epstein Jeffrey R. Gilmore Gary L. Nickelson

Jeff has been named to the Best Lawyers: Ones to Watch list since 2021, as a Texas Rising Star by Thomson Reuters’ Super Lawyers since 2021, and to the “Top Attorneys” list by Fort Worth Magazine in 2022. Outside of his practice, Jeff is a member of the Aircraft Owners and Pilots Association and Twin Cessna Flyers, is a University Little League Coach, and is a Volunteer Pilot for Pilots ‘n Paws. He received his B.A. from Stanford University and his J.D. from the University of Arizona James E. Rogers College of Law.

Building on a legacy of leadership, Goranson Bain Ausley, one of Texas’s most accomplished family law firms, announced that Gary L. Nickelson has joined Goranson Bain Ausley in their Fort Worth office.

In a career that has spanned more than 50 years, Gary L. Nickelson has distinguished himself in family law and is highly regarded for his client advocacy, integrity, and legal acumen. Nickelson is Board Certified in Family Law by the Texas Board of Legal Specialization and has been the chair of the Family Law Section of the State Bar, President of the Texas Academy of Family Law Specialist, President of the American Academy of Matrimonial Lawyers – both the Texas Chapter and national organization and is a former director of the State Bar of Texas. He earned a J.D. from the University of Texas School of Law and a B.A. from Texas Tech University.

Nickelson has been honored with two of the most coveted

Texas family law awards–the Sam Emison Award from the Texas Academy of Family Law Specialists and the Dan Price Award from the Family Law Section of the State Bar of Texas.

Underwood Law Firm, P.C. (Underwood), which provides legal services throughout Texas, recently relocated its Fort Worth office to accommodate continued growth in the firm’s client base. The Underwood office in Fort Worth has moved from its current location to: 600 Bailey Ave. Suite 200, Fort Worth, TX 76107. The Fort Worth office telephone and fax numbers will remain the same: Phone: 817.885.7529 and Fax: 817.439.9921. g

Proof of Non-Economic Damages – or Not?

By DaviD Schenck, MeMber at DykeMa

The Texas Supreme Court is currently considering two appeals coming out of the Dallas Court of Appeals, where I previously served as a judge. While the particulars of these cases are obviously important to the parties involved, they collectively carry much broader potential significance to all litigants in tort cases in Texas. What really matters here are the foundational but lingering questions of whether the court system can be used to put a number on emotional harm, pain and suffering, or other nonmonetary harms and how that system can process such claims in keeping with the due process right to a judgment “based upon an ‘application of law, rather than a decisionmaker’s caprice.”

The amount issue invariably runs to the extremes with respect to two questions. Firstly, “how,” urges the advocate for recovery, “can you put a number on the harm” other than by resort to juror discretion? At what point, urges the party being compelled to pay that amount, does “discretion” become synonymous with “caprice.” Secondly, where, in this debate is the proper role for judges? Once again, the argument will invariably run to extremes—between invocations of the sacred right to a jury trial and vacuous declarations of “shocked” or “unshocked” consciousness and equally vacuous declarations of the need for “meaningful” judicial scrutiny. Without some meaningful answers to these questions about how monetary awards are arrived at and reviewed, the question of whether such damages can be pursued in keeping with due process principles may lurk behind the next corner.

The two cases before the court are well-positioned to frame these questions. One is a common-law tort claim for recovery of pain and suffering belonging directly to the injured party (though made recoverable under the survivorship statute)— and thus any rules governing the damages are purely within the purview of the judicial branch. The other is a statutory wrongful death claim brought by family members seeking recovery of their own emotional distress. The juxtaposition of these two cases parallels the debate that played out in the Texas Supreme Court four decades ago in Sanchez v. Schindler about the proper construction of the wrongful death statute and true role of the judiciary.

In Schindler, the court confronted the wrong death statute, which created a cause of action for "actual damages on account of the injuries causing the death.” The statute (and like statutes on which it was based) had been held to embrace common-law rules regarding the justiciability of pure emotional distress claims and treated only quantifiable “pecuniary” as “actual damages;”

emotional distress or other non-monetary losses were excluded, reflecting historic judicial management concerns. The Schindler majority found that rule out of step with “modern” thinking and held that non-monetary harms to be “actual damages.” While Schindler involved a parent’s claim for monetary damages stemming from the loss of a child, the rule was quickly expanded to any death within the reach of the act. Justice Pope and others dissented, challenging the supposed “modern” view as tracing back to a single concurrence within the court itself from only three years earlier. But, his more serious challenge went to the lack of any answer to the question that had blunted attempts to pursue such damages through the statute or at common law for centuries: what is the standard for determining the existence of the injury in the first place and how, in keeping with the rule of law, is a jury to quantify it?

In the years that followed, the Supreme Court has changed in its composition and its approach to these issues has evolved, if only to a point. The Court has repeatedly stressed the need to establish both the fact of the harm and to quantify it. For emotional distress claims, the answer to the historical refusal to recognize such damages as compensable was to limit recovery to types of cases where the risk of fraud in the assertion is reduced. Cases of simple negligence required proof of other compensable injuries in close physical proximity to an episode of negligence causing serious injuries to a loved one. Thus, the common law still does not recognize the emotional distress claim Schindler imported as a direct damage claim in the wrongful death statute. And, for all claims within the potential reach of emotional distress damages, recovery is limited to those involving a “high degree of mental distress,” more than mere “worry, vexation, and the like” that causes a substantial disruption in the daily routine. Direct evidence of “the nature, extent and severity” of the injury is typically considered sufficient, if not necessary, to overcome that entitlement hurdle.

But, putting aside the piecemeal approach to the vast array of emotional distress claims, these damages, like other non-economic damages, then run into the further and perhaps more serious challenge of quantification. The Supreme Court has tasked the trial and lower appellate courts with conducting “meaningful review” of the amounts juries award in these settings but has not provided a meaningful objective target.

To be direct, the existing structure is just as devoid of objective, legal standards and just as inadequate to avoid arbitrary deprivations as the Alabama punitive damage system in the 1990s. Leaving elected judges in the various venues

ForMer Justice oF the FiFth court oF appeals oF texas

across the state with the task of simply declaring an award to be adequate or excessive as a matter of discretion unanchored to any discernable test the parties are able to advance, opens the claims to venue-determinative results and adds to the existing pressures on the judiciary. Pain and suffering, emotional distress and the like ought not to be subject to different standards and outcomes in different jurisdictions, particularly where the judge’s own electoral and fund-raising fate may be seen to be affected by his or her subjective sense of conscience.

Meanwhile, simply adding verbiage and sophistry to the existing standard will not aid the situation. Those promoting the discretion of the jury and the majesty of the constitutional right to a jury trial forget that the same constitution assures due process at trial and on appeal – as well as the maxim “pigs get fat, hogs get slaughtered.” Leaving mental anguish uncompensated for lack of evidence of precise quantification in a given case, despite its obvious existence, is little better.

Reducing a non-economic injury into a money judgment will always present inherent problems. But, some form of comparison to like cases and/or a generally accepted presumption of economic loss would lend some coherence to the problem and cabin the risks of arbitrary deprivation and take considerable pressure off of the system. For all noneconomic damages courts have routinely deployed judicial notice to compare awards in like case. Anchoring the process in at least this way would lend a measure of articulable rationality to the analysis and, more importantly, the result.

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With respect to emotional distress damages, virtually every legislative or judicial recognition of emotional distress claims in the past half century (including the U.S. Congress) has presumed (or limited) the recovery to a number in the low hundreds of thousands of dollars. Allowing a jury (as now) to award damages, in its discretion, in line with amounts in like cases, having by necessity already determined its severity, up to that amount would not function as a cap but permit the antagonists some breathing space to concentrate their arguments with respect to excessiveness. If the defendant wants to urge excessiveness (based on comparison to like cases or otherwise) he would be free to do so, albeit against a presumption that the jury is operating within the range of discretion generally accepted in common-law jurisdictions. Likewise, if the plaintiff wants to pursue (or defend) a verdict for more, he or she should be free to do so, but with a real evidentiary basis (including perhaps comparison to like cases) to do so.

A judge considering any judgment for excessiveness should be performing a reasoned analysis, not simply pulling a declaration out of his hat that is to the liking of one litigant or the other. Simply leaving the compensatory quantification issue to the discretion of jurors and affording a form of inexpressible judicial review on top of it will be hard to defend as against the argument that the state is not affording the federal due process minimum. Reform here is overdue and is surely preferable to collapse. g

By Sarah Hall Hoffman, Pro Bono Programs Director

Sue Allen

John Barnes

Nick Bettinger

Robert Blankenship

Ndidi Gbulie

Wendy Hart

Dustin G. Hoffman

Merrit Klapperich

Sarah Kline

Cynthia Maragoudakis

Zoe Meigs

Karon Rowden

Melissa Sircar

June 8, 2023

June 22, 2023

July 13, 2023

July 27, 2023

Tarrant County Volunteer Attorney Services

By Sarah Hall Hoffman, Pro Bono Programs Director

TVAS and LANWT Host Spring 2023 Uncontested Divorce Clinic

At the end of April, TVAS and Legal Aid of NorthWest Texas (LANWT) partnered to hold the Spring 2023 Uncontested Divorce Clinic. This clinic was sponsored by Cantey Hanger LLP. 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.

Joshua Ross (Cantey Hanger LLP) is our current TVAS CoChair and long-time volunteer for the Uncontested Divorce

Clinic. When asked what why he participates in this clinic when it out of his usual practice areas he stated, “There is so much need out there, and even a small amount of professional time invested on behalf of the clients can make a world of difference in their lives.” He went on to state “We should all strive to help those in need, even if in small ways because to whom much is given, much is expected.” It takes a dedicated team of volunteer attorneys, paralegals, and mentors to make this clinic a success and TVAS is grateful for the continued support for this clinic. g

Cooper Carter, Kate Hancock, John Kash, Daeja Pemberton, and Joshua Ross

ATTORNEYS PARALEGALS

Summer Chappell, Kelly Cobb, Kimberly Curry, Susan Davis, Doris Jackson, Kaneisha Lewis, Michele Rayburn, Julie Sherman, and Kenya White

Tarrant County Bar Association

The Lawyer Referral & Information Service (LRIS) is a service of the Tarrant County Bar Association that benefits both TCBA member attorneys and the public.

TCBA’s Lawyer Referral & Information Service is completely customizable for participating attorneys with:

&

practice areas

more than 29 330 600

specialized practice areas from which to choose LRIS averages more than calls each month

Time Frame: January 2022-December 2022

Approved by the American Bar Association, LRIS allows member attorneys to receive client referrals and build their business, while helping callers quickly find an attorney in the area of law they need.

The program is intended to help individuals who are able to pay normal attorney fees but have difficulty finding legal representation due to lack of experience with the legal system, lack of information about needed services, or fear of costs. Membership costs range $150 - $200 annually.

For more information about LRIS membership, please visit www.tarrantbar.org/JoinLRIS or contact lris@tarrantbar.org.

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, where is the periodic-payments statute located?

It can be found in Texas Civil Practice and Procedures Code § 74.503 and provides that at the request of a defendant physician or health care provider or claimant, the court shall order that medical, health care, or custodial services awarded in a health care liability claim be paid in whole or in part in periodic payments rather than by a lump-sum payment.

Columbia Valley Healthcare Sys. v. A.M.A., 654 S.W.3d 135, 140 (Tex. 2022).

MOSES’ AND NOAH’S MONTHLY PARAPROSDAKIAN

(a figure of speech in which the latter part of a sentence or phrase is surprising or unexpected; frequently humorous)

The difference between fiction and reality is that fiction has to make sense.

DANES’ QUOTE OF THE MONTH

Charley likes to get up early, and he likes me to get up early too. And why shouldn’t he? Right after his breakfast he goes back to sleep.

—John Steinbeck, Travels with Charley

CRIMINAL ITEMS OF INTEREST

1.TRE

403

In conducting a rule 403 analysis, courts must balance (1) the inherent probative force of the proffered evidence and (2) the proponent’s need for that evidence, against (3) any tendency of the evidence to suggest a decision on improper basis, (4) any tendency to confuse or distract the jury from the main issues, (5) any tendency to be given undue weight by the jury, and (6) the likelihood that presentation of the evidence will consume an inordinate amount of time or be cumulative of other evidence.

Metcalf v. State, 631 S.W.3d 189 (Tex.App.—Houston [14th Dist.] 2020).

2. Reasonable Suspicion

Reasonable suspicion exists if an officer has specific, articulable

facts that, when combined with rational inferences from those facts, would lead the officer to reasonably conclude that a particular person is, has been, or soon will be engaged in criminal activity.

Villarreal v. State, 631 S.W.3d 198 (Tex.App.—Houston [14th Dist.] 2020).

3. Pretrial Identification

To determine the admissibility of a pretrial identification, we use a two-step analysis asking (1) whether the pretrial procedure was impermissibly suggestive; and (2) if so, whether the suggestive pretrial procedure gave rise to a very substantial likelihood of irreparable misidentification.

McGuire v. State, 631 S.W.3d 222 (Tex.App.—Houston [14th Dist.] 2020).

4. Motion for Mistrial

The traditional and preferred procedure for seeking a mistrial involves three steps: (1) objecting to a prejudicial event, if possible; (2) requesting an instruction that the jury disregard the prejudicial event; and (3) requesting a mistrial if the moving party believes that the instruction to disregard is insufficient.

Dupuy v. State, 631 S.W.3d 233 (Tex.App.—Houston [14th Dist.] 2020).

5. Relevant Evidence

Evidence is relevant if it has any tendency to make the existence of any consequential fact more or less probable than it would be without the evidence. To be relevant, evidence must be both material – that is, it must be offered for a proposition that is of consequence to the determination of the case – and probative, such that it makes the existence of the fact more or less probable than it would otherwise be without the evidence.

Boudreaux v. State, 631 S.W.3d 319 (Tex.App.—Houston [14th Dist.] 2020).

6. Confrontation Clause

“The threshold question in any Confrontation Clause analysis is whether the statements at issue are testimonial or nontestimonial in nature.” An out-of-court statement may be testimonial when the surrounding circumstances objectively indicate that the primary reason the statement was made was to establish or prove past events that would be potentially relevant to a later criminal prosecution. Consequently, statements are testimonial if the statements are made under circumstances that would lead an objective witness to reasonably believe that

Co-Editor

Noah

Moses

the statements would be available for use at a later trial. Smith v. State, 631 S.W.3d 484 (Tex.App.—Eastland 2021).

7. Defense of Necessity

Necessity is a confession-and-avoidance defense requiring the defendant to admit to his otherwise illegal conduct. To be entitled to a defensive instruction for necessity, a defendant must put on evidence that “essentially admits to every element of the offense, including the culpable mental state.” In other words, a defendant cannot both invoke necessity and flatly deny the charged conduct. Maciel v. State, 631 S.W.3d 720 (Tex.Crim.App. 2021).

CIVIL ITEMS OF INTEREST

1. Lump-Sum Payment

It is an abuse of discretion to impose a lump-sum payment without evidence supporting the need for an immediate payment of a lump-sum payment. Columbia Valley Healthcare Sys. v. A.M.A., 654 S.W.3d 135, 143 (Tex. 2022).

2. Cross-Motions for Summary Judgment

On cross-motions for summary judgment, each party bears the burden of establishing that it is entitled to judgment as a matter of law. City of Garland v. Dallas Morning News, 22 S.W.3d 351, 356 (Tex.2000). When the trial court grants one motion and denies the other, the reviewing court must determine all questions presented and render the judgment that the trial court should have rendered. City of Conroe v. Atty. General of Texas, 654 S.W. 3d 155, 162 (Tex.App.—Austin 2022).

3. Official Immunity

“Official immunity is an affirmative defense that ‘inures to all governmental employees who perform discretionary functions in good faith and within their authority.’” That is, a “governmental employee is entitled to official immunity for (1) the performance of discretionary duties (2) that are within the scope of the employee’s authority, (3) provided that the employee acts in good faith.” University of The Incarnate Word v. Redus, 654 S.W.3d 169, 173 (Tex.App.—San Antonio 2022).

4. Attorney-Client Relationship

“The legal relationship of attorney and client is purely contractual.” “The contract of employment may be implied by the conduct of the two parties.” “All that is required is that the parties explicitly or by their conduct manifest an intention to create the attorney-client relationship.” “An attorney-client relationship may be established either expressly or impliedly from the conduct of the parties.” Hooten v. Yeager, 654 S.W.3d 185, 189 (Tex.App.—Texarkana 2022).

5. TCPA

We disagree with Doe that here exists a common law or statutory mechanism through which a completely anonymous TCPA movant may invoke a court’s authority to obtain affirmative, merits-based, and dispositive relief. Allison Publications, LLC v. Doe, 654 S.W.3d 210, 218 (Tex.App.—Fort Worth 2022).

6.

Health Care

A hospital is an institution licensed to provide health care, but only a licensed doctor can provide medical care. Dunnick v. Marsillo, 654 S.W.3d 224, 232 (Tex.App.—Austin 2022).

7. TUFTA

TUFTA provides a comprehensive statutory scheme through which a creditor may seek recourse for a fraudulent transfer of assets or property. “TUFTA is ‘designed to protect creditors from being defrauded or left without recourse due to the actions of unscrupulous debtors.’” TUFTA aims “to prevent debtors from prejudicing creditors by improperly moving assets beyond their reach.”

LMP Austin Eng. V. Lafayette Eng. Apts., 654 S.W.3d 265, 278 (Tex.App—Austin 2022).

LEGAL QUOTE OF THE MONTH

The law of England is very strange: it cannot compel anyone to tell the truth … But what the law can do is to give you seven years for not telling the truth.

—Mr. Justice Darling

WORDS OF WISDOM

Go to the ant, you slacker. Observe its ways and become wise. Proverbs 6:6

OLD NEWS

Where the Boom Began

Big oil struck in West Texas – in such places as Ranger in 1917 and Desdemona and Burkburnett in 1918 – brought boom times to Fort Worth.

In September 1918, Tom Dees of the Hog Creek Oil Company struck oil in Desdemona, an agricultural settlement of some 300 people in southeastern Eastland County. The town soon teemed with speculators and workers. Tents and shacks were quickly erected to house a population that grew to an estimated 16,000. g

TEXAS LAWYERS FOR TEXAS VETERANS TARRANT COUNTY CHAPTER

By Sarah Hall Hoffman, Pro Bono Programs Director

TLTV Committee: Making a Difference for Veterans in Need!

If 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 on the third Wednesday of each month from 12:00 p.m. to 1:00 p.m.

Looking for a reason to give your time? Read what several veterans who were assisted have to say about TLTV:

What Veterans Participants are Saying

Friday, June 16, 2023

Friday, July 21, 2023

Friday, August 18, 2023

Clinics are from 1 p.m.– 4 p.m.

Everyone I spoke with from TLTV was very polite and helpful, and their phone “

Veterans Affairs Outpatient Facility

sarah@tarrantbar.org for more information.

Edward Michael Sheehan

1950–2023

ike Sheehan, 73, passed away peacefully at home Saturday, April 1, 2023 after a courageous battle with leukemia.

Mike was born and raised in Fort Worth, Texas and spent the majority of his life there. After graduating Paschal High School in 1968, he joined the U.S. Marine Corps. He proudly served his country as a Sergeant in Vietnam. Upon leaving the Marine Corps in 1972, Mike furthered his education and graduated from Texas Tech University with honors in 1976 and The University of Texas School of Law in 1979.

Mike spent his entire legal career practicing in Fort Worth and Tarrant County. He began as an Assistant District Attorney with the Tarrant County District Attorney’s Office. From there, he was appointed Assistant United States Attorney in the Northern District of Texas. Mike was an admired and well-respected leader in the legal community, both locally and worldwide. His illustrious career involved time at the law firms of Cantey Hanger LLP, Kelly Hart & Hallman LLP, and Thompson & Knight LLP. It was at Kelly Hart & Hallman that Mike met and married the love of his life, Carol.

Mike was a force of nature, determined to provide for his family and give them the life he felt they deserved. Anyone

Mwho knew Mike knew that he was the most loving spouse and father a family could ask for. His family meant more to him than anything else in the world, something he often mentioned. The family spent a great deal of time at their lake house on Possum Kingdom Lake, where Mike loved to take Carol, the kids, and their friends skiing and tubing. He loved his motorcycles and classic Corvettes. He was an avid Civil War and Abraham Lincoln history buff and had an extensive collection of books and memorabilia. Mike was an even greater fan of the Texas Rangers, and he and the family enjoyed many decades of season ticket seats.

Mike was preceded in death by his father, Dennis and his mother, Jean. He is survived by his wife, Carol, their two children, Meghan and her husband Ross Prokop and Brian and his wife Amy Sheehan. He is also survived by his grandson Lincoln and his brother Dennis and his wife Diane, plus an untold plethora of friends and colleagues.

Memorials can be made in his honor to the U.S. Marine Corps Toys for Tots Program or Cook Children's Medical Center in Fort Worth, Texas. Both causes were very near and dear to Mike’s heart. g

Published by Star-Telegram on April 9, 2023.

Judge Albert Lee White Jr.

1934–2023

Judge Albert Lee White, Jr. was born February 5, 1934 to Albert Lee and Ruth Myers White in Lepanto, Arkansas. He died from cancer on April 11, 2023.

Albert attended Pascal High School where his talent as a basketball player was nurtured by his coach Charlie Turner who secured a scholarship for him to Baylor to play ball. Coach Turner was like a father to Albert.

During his freshman year at Baylor, Albert and Mary Jane were campus royalty – the star basketball player and beauty queen. Mary Jane Cowden asked him out on their first date on a “backwards” weekend. She had such a good time that she called him for the next night, but she was immediately jealous. He had already been invited by a rival beauty. They dated for three years.

He was drafted into the army, married Mary Jane and they spent the first two years of married life at Fort Bliss. He played basketball for the Army then returned to Baylor Law School, graduating with his Doctor of Jurisprudence degree in 1960.

His first job was working for the City Attorney of Fort Worth, then he branched out to open his own office. He struggled financially because he took in many low income clients and “underdogs", as he called them. After joining a law firm, and with Mary Jane's encouragement, he began to look into politics. He ran for state representative, then worked on an election campaign for Eugene Locke for Governor. Next he headed the election campaign for Dolph Briscoe who won the governorship in 1973. Dolph increased the number of state court districts, appointing Albert to the new 236th District as State District judge. He served until his retirement in 1994.

During his years working in Fort Worth, you would find him on his lunch hour challenging lawyers on the basketball court at the downtown YMCA.

He bought his first piece of ranchland in Stephenville in 1970. He spent weekends building fences, expanding his empire and enjoying the peace and pace of the country.

In 1967, Albert and Roy Bateman engineered a merger between two churches, Westcliff Baptist and Evans Avenue Baptist in Fort Worth. This was the beginning of Southcliff Baptist Church. Albert served as Trustee and on the finance committee, and supported Mary Jane’s ministries there. Their closest friends were families at Southcliff and every spring they hosted a picnic at the ranch for their Sunday School department.

In 2008, he moved permanently to his ranch in Stephenville. He worked hard, improving and expanding his cattle herd and watching his beloved Baylor Bears on TV. At that time he took over full care of Mary Jane in her final years with dedication and love. She passed away in 2012.

He is remembered as gregarious, generous, (especially to the little man), and with a down-to-earth WISDOM that was always right on point. No one could work a room like Judge, whether at Three-Way Feed store for coffee, the Cowboy Church or Jake and Dorothy's cafe where they had memorized his order.

He was preceded in death by his parents, Albert and Ruth Myers White, wife, Mary Jane Cowden White, sister Mary Eleanor Sanders and husband Jim, and granddaughter

Elizabeth Claire Shaw.

He is survived by his sister Ruth Jeannette Grindstaff of Ballinger, Texas, daughter Mollie Shaw and husband Hunter Shaw, son Coleman White and Diana Garrison, son Trey White and wife Debbie Parker White. Grandchildren include Zachary White and wife Erin Shanklin White, Lee White and wife Nicole, Katherine Narvaez and husband Ben, Parker White, Hunter Owen Shaw III, Cameron Shaw, Madeline Shaw, Cary Shaw, and Hannah Shaw. Great-grandchildren include Jaxon White, Caden White, Griffin White and Evan White.

Recipient of the 2023 American Inns of Court Professionalism Award for the Fifth Circuit

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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 - $16.00 adult, $12 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

Bar Bulletin ▪ May/June 2023

Tarrant County Bar Association

1315 Calhoun Street

Fort Worth, TX 76102-6504

ADDRESS SERVICE REQUESTED

1807

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.