Bulletin May/June 2019
Front Row (L-R): Bobbie G. Edmonds, Professionalism Award; Gary L. Nickelson, Blackstone Award; Back Row (L-R): Wade A. Barrow, Outstanding Mentor Award; Benson Varghese, Outstanding Young Lawyer Award; Judge Wayne Salvant, Silver Gavel Award;
Law Day Awards Dinner Tuesday, May 7, 2019 6:30 PM Fort Worth Club g
g
Did You Know? TCBA comprises over 2600 lawyers, judges, law students, and other legal professionals in and around Tarrant County. It offers the best way to connect with the legal community.
TCBA’s Lawyer Referral & Information Service (LRIS) receives over 12,000 calls and emails a year from people who need to hire an attorney. The practice areas range from family, criminal, civil, and probate matters. LRIS receives over $100,000 in referral fees a year for cases successfully placed with its member attorneys. TCBA members can join at a discount.
TCBA connects new attorneys with experienced attorneys through its membership networking events and mentorship program. Contact TCBA to be referred to an attorney mentor in your practice area. Receive free CLE at the Transition to Practice programs, and meet the judiciary at Breakfast with the Judiciary.
TCBA offers over 100 free and low-cost live CLE to its members through section events, pro bono training, and membership luncheons. You can watch TCBA’s CLE online at a discount. Go to http://www.cleonline.com/tarrantcountybar for a current list and ask TCBA for the discount code.
President’s Page
It’s Worth It to Join the TCBA
I
t’s hard to believe it, but this President’s Page will be my last for Tarrant County Bar Association’s 2018-2019 bar year. It’s been a great year, full of successful programs and events, timehonored traditions, and networking with new and long-term, loyal members. As we all know, this By LANCE EVANS success does not happen without the work of many people – all of whom devote their time and talents in addition to and outside of their daily professional and personal obligations. The number of people to thank for their contribution to the Bar is too long to list, but include: • TCBA’s Board of Directors - I have proudly served the Bar Association along with the members of its Board of Directors for several years. These individuals lend their expertise and experience to govern the Bar and thoughtfully plan for the Bar’s future. • TCBA Committees & Sections - Thank you to the individuals who chair or lead a Bar committee or section (sometimes, more than once!) and to the many who plan programs and events for TCBA members or programs that benefit our community. Thank you also to the hundreds of committee and section members who perform various tasks to support these endeavors. Your work comprises the backbone of the TCBA’s activities and impact. • TCBA Members – Whether you are a lawyer, judge, law student, legal professional, or associate member, your involvement as a member of the Bar Association is vitally important. Membership ensures that TCBA can continue and expand upon its programs that support the legal profession and Tarrant County community. Taking the time to renew your membership dues and to encourage membership by your peers is appreciated and makes a difference. • TCBA Staff – TCBA’s staff – Megan Cooley, Sherry Jones, Carolina Ibarra, Anne Palmer, Rae Gutierrez, Elizabeth Banda, Lauren McKnight, and Melissa Sircar – diligently work every day to promote the Bar’s mission, serve its members, and assist the public. They are loyal ambassadors of the legal profession to the public, and the
heartbeat of the Bar. We thank them for the steadfast efforts on our behalf. • TCBA’s Partners – TCBA works with several organizations and affiliated bars and is stronger through those partnerships. Those groups include the Tarrant County Bar Foundation and Tarrant County Young Lawyers Association, and the work of their leaders and supporters improves the Bar for all of us. Now, for a word on joining. As the Bar year nears its end, that means it is time to renew our membership dues. You will see throughout this issue of the Bulletin why the renewal is worth your time and money. Membership in the TCBA is an investment in your professional and personal development. TCBA offers legal education from your peers and colleagues, and a place to meet and connect with people in your profession. Please be on the look out for information about renewing your dues and encourage your colleagues to do the same. In closing, I want to express how lucky I feel to have served as President of this great organization. I’ve met many new friends and I’ve had the opportunity to work with some wonderful people to further the legal profession in Tarrant County. Thank you all, and I look forward to a bright future for the Tarrant County Bar Association. g
Save the Date
Membership Luncheon Including recognition of our 2018– 2019 Committee and Section Chairs.
July 9 | 11:30 a.m.–1:00 p.m. City Club JOIN A COMMITTEE TODAY! https://tarrantbar.org/membership/committee-volunteer-form MAY/JUNE 2019
▪ TCBA BULLETIN 1
Contents Features
25
3 CLE Membership Luncheon
7 Law Day 2019
Tarrant County Bar Association 817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org 2018-2019 Officers
President..............................................Lance Evans President-Elect.....................................John Cayce Vice President................................Gary L. Medlin Secretary-Treasurer..............Kimberly Naylor
18 Arbitration Carve Out Clauses: Tips and Traps
Advocates for Justice Luncheon
20
Directors Term Ends 2019
Departments
1 President’s Page 4 YLA Snapshot 5 Calendar of Events 6 100 Club 14 LegalLine 17 Tarrant County Volunteer Attorney Services 17 Texas Lawyers for Texas Veterans 19 A Word From Our Sections 22 Snippets 24 Wellness Connections Committee 26 Judicial Profile 28 Lawyers on the Move & in the News 28 Membership Report 30 CLE Corner 30 Lawyer Referral & Information Service News 32 Other Associations’ News & Information 34 In Memoriam 40 It’s All Happening Around the Bar Advertisers' Index
38
Autumn Ridge Counseling and Wellness.......................4 Deborah Adame.........................................................32 Dispute Resolution Services........................................30 Juris Fabrilis.....................................................................35 Law Offices of Steven C. Laird, P.C...............................33 LawPay....................................................................21 Moses, Palmer & Howell, L.L.P....................................14 National Association of Estate Planners & Councils.....12 Parker Law Firm.........................................................31 Texas Lawyers' Insurance Exchange...........................35 Tindall Square Office Complex....................................32 2 www.tarrantbar.org MAY/JUNE 2019
▪
Director.................................Susan Hutchison Director...............................Jason C. N. Smith Director...............................Tennessee Walker
Term Ends 2020
Director.....................................Cody L. Cofer Director.................................Veronica C. Law Director..............................................Lu Pham
2018-2019 Appointed Directors
Appointed Director..................Karen Denney Appointed Director....................Scott Lindsey
Tarrant County Young Lawyers Association Fall 2018 President...............................Rob Henry Fall 2019 President....................Martin Garcia Immediate Past President..............Nick Bettinger Executive Director..........................Megan Cooley Ex-Officio Members State Bar of Texas Director...............................Gary L. Nickelson Director........................................Steve Naylor Bar Bulletin Editor..............................................John F. Murphy Graphics/Production..................Elizabeth Banda The Tarrant County Bar Bulletin is a bi-monthly publication of the Tarrant County Bar Association. Articles, photos, suggestions or comments should be directed to: elizabeth@tarrantbar.org 1315 Calhoun Street ▪ Fort Worth, TX 76102-6504 Deadline for submission: December 1........................................January/February February 1...................................................March/April April 1...............................................................May/June June 1.............................................................July/August August 1..........................................September/October October 1.....................................November/December Articles published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant County Bar Association, its officers or the Board of Directors. Advertisements and feature articles should not be considered an endorsement of any service, product, program, seminar or event.
CLE Membership Luncheon Tuesday, July 9
g
CITY CLUB
g
11:30 AM–1:00 PM
“30 Benefits in 30 Short Minutes” GUEST SPEAKER: RANDY SORRELS S TAT E B A R O F T E XA S P R E S I D E N T, 2019 - 2020
R
andy Sorrels is president-elect of the State Bar of Texas. Board certified in personal injury trial law and civil trial law by the Texas Board of Legal Specialization, he is the managing partner in Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz, a 68-year-old personal injury firm in Houston. While Sorrels is regularly recognized by Texas Monthly and Texas Super Lawyers as one of their Top 100 Lawyers in Texas for his client representation, he also is passionate about pro bono work. He financially supports the legal clinics at South Texas College of Law Houston, where law students are mentored while helping the community. Sorrels has served as president of the Houston Bar
Association, the Houston Trial Lawyers Association, and the Texas Association of Civil Trial and Appellate Specialists. He has served on the State Bar of Texas Board of Directors and currently serves on the South Texas College of Law Houston Board of Directors, as well as the board of the Texas Trial Lawyers Association. He is a past chair of the Texas Bar Foundation. Sorrels is a magna cum laude graduate of both Houston Baptist University and South Texas College of Law Houston. He is married to a lawyer and has five children and two dogs. Two of his children want to become lawyers. The luncheon is hosted by the Tarrant County Bar Association. It will be held at City Club on Tuesday, July 9, 11:30 a.m. City Club is located at 301 Commerce Street (2nd floor) in downtown Fort Worth. Cost for lunch is $26 for members with reservations and $31 for guests and those without reservations. Dress is business casual – suit and tie not required. To make reservations, please contact Sherry Jones at 817.338.4092 or sherry@tarrantbar.org. For directions to the location, please visit the City Club website at www.cityclubftw.com. g
Texas Lawyers for Texas Veterans Tarrant County Chapter Thank you to Gardner & Smith, PLLC for sponsoring May's Free Legal Advice Clinic For Veterans.
MAY/JUNE 2019
▪ TCBA BULLETIN 3
YLA Snapshot Rob Henry, President TCYLA
S
ummer is almost here! The Rangers are off to a great start and TCYLA keeps plugging along. Here is a little bit about what we’ve been up to the past couple months. On March 6 members of TCYLA participated in Tarrant County College’s Law Day panel. This seminar was held at Tarrant County College’s beautiful Northwest campus and gave their Pre-Law students the opportunity to ask young lawyers questions about everything from advice on law school, to finding a job, and practicing law in general. We hoped the students enjoyed it as much as we did. TCYLA Board Member Brian Singleterry continued with his outstanding lineup of luncheon speakers. In March we were honored to have Saba Syed present “Speaking and Listening Across Gender Lines.” Ms. Syed provided an interactive CLE on speaking and listening across genders in the legal field and the workplace. In April we welcomed Brent Turman and Elliot Mayen. Mr. Turman and Mr. Mayen presented “Kanye West’s Adventures with the American Legal System.” This was a very entertaining look at the variety of legal issues at play in the ridiculous number of legal disputes that this single artist has been involved with. In May we are looking forward to having Fred Behning on “Ethical Duties and Electronically Stored Information,” which is an ethics hour. In June our speaker will be Chris Taylor on how County government works. TCYLA’s Annual Spring Fiesta was April 10. As usual it was a huge success. The event was at Joe T. Garcia’s. There was food, drinks, music, and a raffle and silent auction to raise funds for TCYLA’s events and community outreach programs. Big thanks to all of those that came out and supported the event! Thanks to Adam Simmons and Shelby White for organizing our young professional happy hours. Our March happy hour was at Chimy’s in the West 7th area and was huge success. The two candidates running for the statewide Texas Young Lawyer president were attendance and very appreciative for the turnout. TCYLA is proud to announce the winner of its three law day awards. Benson Varghese was the winner of Tarrant County Young Lawyer of the year. Outstanding Mentor of the year went to Wade Barrow. The Liberty Bell Award went to Lori Leeth. Last but certainly not least was Joe Greenhill for winning best dressed young lawyer of the year. All of our nominations have been nominated for their respective statewide awards and I know I speak for all of TCYLA when
4 www.tarrantbar.org
▪ MAY/JUNE 2019
I say we could not be more proud of our winners. The Tarrant County Bar is organizing a Blood Drive on May 2 from 8:00 a.m.–4:00 p.m. at the Tom Vandergriff Civil Courts Building. Please come out and support this wonderful cause. It will be easy to register and not take up to much time. For more information please contact the Bar Office. TVAS is setting up family law clinics on May 14 and October 17 and is looking for volunteers. If you have never volunteered for one of these clinics, it’s a great experience. TVAS will have a CLE prior to the clinics and mentors will be available to answer questions, so don’t worry if Family Law isn’t you area of expertise. We still want you to come! As always, if anybody has any thoughts or suggestions about TCYLA or just trying to figure out how to get more involved please feel free to give me a call 817.877.3303 or email robert@henrytexlaw.com. g
The Attorney’s Therapist As a former practicing attorney, Kate understands the overwhelming feelings of stress, burnout, and isolation that often accompany the art of balancing life with the practice of law. Kate will help you evaluate your choices, identify areas for change,
Kate Casey, LPC, JD
and implement a plan which will allow you to become the best version of yourself.
Contact me. Together we will chart the course for your success. 817.881.1914 • Kate@AutumnRidgeLPC.com AutumnRidgeLPC.com | 270 Miron Dr. #112, Southlake, TX 76092
Calendar of Events May 2019 2 Live to Give Blood Drive 8:00 am–4:00 pm, Tom Vandergriff Civil Courts Building 2 International & Immigration Law Section Luncheon 12 pm, TCBA Office “What Immigrants Need to Know About Tax Obligations When Investing in Real Estate” Speaker: Ms. Vu Le, MSA, CPA, JD 1 hour CLE requested
27 Memorial Day Holiday Office Closed 28 Tax & Estate Planning Section Luncheon & Election 11:30 am, Petroleum Club
June 2019 6 Transition to Practice Luncheon: “Working with In-House Counsel: Best Practices and Ethical Tips” Check-In/Lunch: 11:30 am, TCBA Office Panel Presentation: 12 pm–1 pm 1.0 hour CLE requested (.25 Ethics)
9 Collaborative Law Section Luncheon 12 pm, Bizzi's Bistro “Eliminate the He Said/She Said Improve Communication and Keep Parents Accountable In Moderate and High Conflict Cases” Speaker: Kevin Dorsey, Professional Liaison, The OurFamilyWizard website .75 hour CLE requested
13 LegalLine 6:00 pm–8:00 pm, TCBA Office
9 Swearing-In Ceremony for Newly Licensed Attorneys 3:30 pm - 5:00 pm, Second Court of Appeals
17 Bankruptcy Law Section Luncheon 12 pm, The Capital Grille
9 Women Attorneys Section Fashion Show & Election 5:30 pm, Evereve Fort Worth
18 Labor & Employment Law Section Luncheon 12 pm, City Club
9 LegalLine 6:00 pm–8:00 pm, TCBA Office
19 Construction Law Section Luncheon 12 pm, TCBA Office
10 Wellness Connection Committee CLE Seminar Meet and Greet: 11:30 am Program: 12 pm–1:30 pm, Texas A&M University School of Law 14 Labor & Employment Law Section Luncheon 12 pm, City Club 16 Tarrant County Bar Foundation’s Advocates for Justice Luncheon 11:30 am–1:00 pm, Fort Worth Club
6 MUTTS Puppy Hour 5:00 pm–6:30 pm, MUTTS Canine Cantina®
21 Brown Bag Seminar - Legislative Update 12:00 pm–3:45 pm, TCBA Office 27 Docket Call Social 5:00 pm–7:00 pm, Argent Trust 27 LegalLine 6:00 pm–8:00 pm, TCBA Office
16 Construction Law Section Luncheon 12 pm, TCBA Office 16 Magic Shred Event 4:00 pm–6:00 pm, TCBA Lot (Free) 22 Real Estate Law Section Luncheon and Election 12 pm, City Club “Do I Really Have an AG Exemption and How Do I Maintain It?” Speaker: James Eggleston, Jr., Eggleston King, LLP .75 hour CLE requested 23 Business Litigation and Real Estate Law Sections Mixer 5:00 pm–7:00 pm, Ruth's Chris Steak House Election for Business Litigation Section
Membership Notice The 2019-2020 Bar Year is almost here! Your TCBA Membership will expire on June 30th, 2019. Renewal invoices will be sent out mid-May via email. Contact Lauren McKnight with any questions at lauren@tarrantbar.org.
23 LegalLine 6:00 pm–8:00 pm, TCBA Office
MAY/JUNE 2019
▪ TCBA BULLETIN 5
Members of the 2018-2019
100 Club
*List Reflected Below is as of April 25, 2019 Adams, Lynch & Loftin, P.C. Albert Neely & Kuhlmann, LLP Allmand Law Firm, PLLC Anderson & Riddle, LLP Baker Monroe, PLLC Barlow Garsek & Simon, LLP Blaies & Hightower, LLP Bonds Ellis Eppich Schafer Jones, LLP Bourland, Wall & Wenzel, P.C. Brackett & Ellis, P.C. Broude, Smith, Jennings, & McGlinchey P.C. Brown, Dean, Proctor & Howell, LLP Bruner & Bruner, P.C. Cantey Hanger LLP City Attorney's Office - Fort Worth Cook Children's Health Care System Curnutt & Hafer, LLP Dawson Parrish, P.C. Decker Jones, P.C. Dowell Pham Harrison, LLP Forshey Prostok, LLP Friedman, Suder & Cooke, P.C. Gardner & Smith, PLLC Gordon & Sykes, LLP Griffith, Jay & Michel, LLP Harris, Finley & Bogle, P.C. Harrison Steck, P.C. Haynes and Boone, LLP Holland, Johns & Penny, LLP Hutchison & Stoy, PLLC Jackson Walker, LLP K&L Gates Kelly Hart & Hallman LLP KoonsFuller, P.C. To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more members and attains 100% TCBA membership compliance for the 2018 –2019 bar year qualifies for the “100 Club.” The firms/organizations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year. Any firm/organization that qualifies in
Lacy, Malone, Ryder & Steppick, PLLC Law, Snakard & Gambill, P.C. Legal Aid of NorthWest Texas Linebarger Goggan Blair & Sampson, LLP Lively and Associates, PLLC Loe, Warren, Rosenfield, Hibbs, Windsor & Lawrence, P.C. Martinez Hsu, P.C. McAlister & Garcia McDonald Sanders, P.C. Mellina & Larson, P.C. Moses, Palmer & Howell, LLP Murphy Mahon Keffler & Farrier, LLP Naman, Howell, Smith & Lee, PLLC Nelson Bumgardner, P.C. Noteboom Law Firm Padfield & Stout, LLP Pappas Law Group, P.C. Phelps Dunbar, LLP Second Court of Appeals Sharen Wilson, Criminal District Attorney’s Office Stephens, Anderson & Cummings, LLP Taylor Olson Adkins Sralla & Elam, LLP The Berenson Firm The Blum Firm The Colaneri Firm, P.C. Thompson & Knight, LLP Underwood Law Firm, P.C. Varghese Summersett, PLLC Watson, Caraway, Midkiff & Luningham, LLP Whitaker Chalk Swindle & Schwartz, PLLC Wick Phillips Winstead, P.C. Youngblood Law, PLLC the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law firms and other groups! The new bar year began on July 1; if you have not paid your renewal invoice, contact our Membership Director Lauren McKnight at 817.338.4092 or email her at lauren@tarrantbar.org. g
LAW DAY 2019 May 7, 2019 6:30 p.m. Reception 7:00 p.m. Dinner & Awards Fort Worth Club RSVP to Sherry Jones at 817.338.4092 or sherry@tarrantbar.org $65 Per Person $130 for Two Tickets $750 for Reserved Table of 10 g
g
g
L
g
g
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 of the bar and judiciary. These award recipients stand out in 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. Gary L. Nickelson’s career has been this and more. The Silver Gavel Award recipient, Judge Wayne Salvant, has made a substantial and noteworthy contribu-
tion to the legal profession as a member of the judiciary. The Professionalism Award is given to a member of the bar who has displayed outstanding professional conduct, which this year’s recipient, Bobbie G. Edmonds, has unequivocally displayed in her career. 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. Benson Varghese has been active in TCYLA and has been involved with several community service programs. The Outstanding Mentor Award recognizes an attorney or judge who has demonstrated a commitment to mentoring young lawyers in the legal community. Wade A. Barrow has been devoted to mentoring new attorneys and serving as an example in professionalism to them.
In honor of this year’s Law Day theme, dinner will begin with a toast to “Free Speech, Free Press, Free Society” by Steve Coffman, Executive Editor, Fort Worth Star-Telegram Maria Thomas-Jones, Chief Executive Officer, Legal Aid of NorthWest Texas Tom Williams, Haynes and Boone, LLP
supply business after World War II and later owned a proprietary chrome plating business, known as Armoloy. He would accompany his father most weekends from about age 12 to go to “work” at the shop. He got educated in using a broom and a scoop shovel to sweep the warehouse floors. This work ethic has served him well. His mother Nita was in charge of teaching Gary the “fundamentals”. She also taught him manners, ethics, honesty, social appropriateness and was the cook, the taxi and everything else he needed growing up. She was a very important person in his life. Gary went to undergraduate school at Texas Tech and onto the University of Texas School of Law, graduating in 1972 at the age of 23. After law school, he was employed by Atlantic Richfield Oil Company and worked in Midland, Dallas and Lafayette, Louisiana. In 1973, Gary took a leave of absence from ARCO to return to Fort Worth to run the family business while his father recovered from an illness. Gary never went back to ARCO. He began a solo practice in a windowless office in the industrial section of South Main Street and Vickery Street, in the family business building. He had a general practice, as was the custom in those days – divorce, criminal, worker’s compensation, personal injury, will and estates.
Blackstone Award
Gary L. Nickelson Gary was raised in Fort Worth. In the early years he lived in Haltom City, later moving to the east side. He graduated from Eastern Hills High School. He is the only child of Nick and Nita Nickelson. Gary has practiced law for 47 years, mostly in Tarrant County. There were no lawyers in his family, but he knew from an early age that is what he wanted to do. His father was in the industrial
MAY/JUNE 2019
▪ TCBA BULLETIN 7
In 1977, he formed a partnership with J. Anthony Michael III, and the firm was Nickelson and Michael. Gary and John met in high school at Eastern Hills High School and then again back in Fort Worth as lawyers. That partnership in various forms stayed together until John’s retirement in 2013. Gary also taught Business Law at TCU for 32 years as an adjunct professor at the Neely School of Business. Gary is Board Certified in Family Law and has practiced nothing but family law for the last forty years. During that time he has handled literally thousands of divorces all over the State of Texas. He became involved in the Family Law Bar at the local, state, and national level as well as serving on the State Bar Board of Directors for six years. He is a Life Member of the Texas Bar Foundation and a Founding Member of the Tarrant County Bar Association Foundation. He is a Founding Member, Life Member, and former president of the Family Law Foundation. He practices law now with his son, Chris Nickelson, who is a former partner at Shannon Gracey Ratliff & Miller, and is board certified in Civil Appellate Law. His daughter, Jenni, lives in Austin and manages five Bio-Life facilities that extract plasma to create cancer-fighting drugs. His other son, Jay, is taking the LSAT now. Gary has been married to Melissa for fifteen years. She is a twenty-plusyear legal assistant, a Certified Life Coach and Certified Divorce Coach and has a practice as well as assisting Gary in the family practice. Gary has been the president of the state chapter and the national organization of the American Academy of Matrimonial Lawyers, as well as the Texas Academy of Family Lawyers, and the Family Law Section of the State Bar of Texas. He is a member of the American College of Family Trial Lawyers, which is limited to one hundred members nationwide. He has been highly involved in continuing legal education and has been the Course Director of all of the major family law courses in the State of Texas. He has been recognized through his career for his dedication to the practice of law as well as family law. Gary has received the Eva Barnes Award by the Tarrant County Family Law Bar Association. He was named Fellow of the Year by the American Academy of Matrimonial Lawyers, and received the Dan R. Price Award from the Family law Section of the State Bar of Texas. He was won the Sam Emison Award from the Texas Academy of Family Lawyers. He was honored to be inducted into the Hall of Legends by the Family Law Section of the State Bar of Texas. He was the first recipient, after Pat, of the Pat Nester Award for Innovation in Professional Development by the State Bar of Texas. Gary has a dedication to professionalism who believes in giving back, as is witnessed by his commitment to the furtherance of improving the practice of law. He has dedicated years to various organizations and being involved with the State Bar of Texas. When not practicing law, Gary enjoys spending time with family and friends, listening to
8 www.tarrantbar.org
▪ MAY/JUNE 2019
Jimmy Buffet and smoking a great Cuban cigar. When asked what has been the biggest change in the practice of family law in his career, he replied, “The advent of attorneys who actually want to be family attorneys. In my day you got into family law because it was how you could make a living—if you could handle the clients who were emotional about the breakup of their family.” When asked what legacy he wants to leave, he stated that he hopes he led by example that attorneys should be professional and respectful of each other and do the best job they can for their clients and to further the practice of law by being an active member of various bar organizations.
Silver Gavel Award
Judge Wayne Salvant Growing up on the Mississippi Gulf Coast, Judge Wayne Salvant, Tarrant County Criminal District Court No. 2, never imagined he would end up in Fort Worth, Texas. Born, raised, and educated in Louisiana and Mississippi, he described his life growing up as “living a life like Tom Sawyer. We swam in the Gulf and had beach parties after high school functions.” His family lived in a segregated neighborhood of Pass Christian, Mississippi. His father supervised the laundry center of the local Veterans Administration Hospital and his mother was a homemaker who took care of Salvant and his older sister. Both went to private schools. His family expected much from him and wanted a better life for them. After graduating from Randolph High School in 1964 he earned his undergraduate degree in business administration from Southern University, Baton Rouge, Lousiana, in 1968. While in college he met his wife Beverly. After graduation they departed to Chicago, where they were married before a Chicago Justice of the Peace, and he took a job with the Continental Illinois National Bank. But life changed quickly as after only a few months on the job and the Vietnam War escalating he was reclassified 1A and ordered to report for a physical. “I knew I was going to be drafted but thought it would be better for me to go in as an officer. I’d like to be the one directing the others to take that hill.” After seeing a black Marine officer leave the recruiting station in his uniform he selected the United States Marine Corps. “I liked how the Marines talked—the esprit de corps—and I liked the uniform. The program was ten weeks at Quantico, Virginia. They didn’t tell me how hard it was going to be.”
After basic training he was sent to Camp Lejeune in North Carolina and then forward-deployed to Okinawa in preparation for Vietnam. By October 1969 Second Lieutenant Wayne Salvant was stationed along the Demilitarized Zone in Vietnam in charge of the 9th Motor Transportation Battalion, Logistics operation. After Vietnam, he spent his final year in the Marines at Marine Corps Base 29 Palms, California. “It is the largest Marine Corps base we have.” His wife followed him to California and obtained her teaching certificate. After the service he attended Southern University Law School and received his law degree in 1974. After law school he interviewed with the United States Securities and Exchange Commission and was offered a job in Fort Worth. He later learned that the District Attorney in Baton Rouge wanted to hire him. He never looked back and has enjoyed his career in Fort Worth. “We thought this was a good place to raise a family. It was large enough to be a city and small enough to feel like living in a town. I could have gone to Washington D.C., but this was better and I never regretted it.” For three years the future judge served as an investigating attorney for the SEC cracking down on fraud occurring in Texas, Oklahoma, Kansas, Louisiana, and Mississippi. “Bond fraud was a big issue in Oklahoma. There were a lot of military bases closings and city leaders trying to bring jobs back by issuing bonds for the construction of industries at these bases. One company that built tire rims was approved and the city municipal bond authority issued bonds to pay for the construction of the factory. The bonds were sold on the market, and there was enough money to pay coupons for one year. The company took the money made from the sale of these bonds and disappeared. No factory. One of the perpetrators of this fraud was found living in Beverly Hills in a mansion. The bond counsel had verified that the company and owners were legitimate. It was one of the most amazing things I’ve ever seen.” In 1977 the Judge shared law offices with Don Fleming and John White in a general practice. After three years in 1980 they went on their own, and he successfully practiced through 1995 before being tapped by Governor George W. Bush to his present position. In office for over twenty-two years, he has been reelected with only two opponents along the way. His advice to young lawyers is to “be prepared. Know the law and be respectful. You need to be prompt and courteous to adversaries. If you do, then the judges will be appreciative.” The Judge expects older lawyers “to act the same way; don’t argue with the court. At the end of the day try the case the way it should be tried.” The Judge recalls that when he practiced law, he always wanted to win but he knew “that if the judge was fair, win or lose, he could accept the results. I wanted the judge to be
impartial and that’s what I try to be.” Now in the role of impartial arbiter, the Judge has to carefully weigh each case and the defendant’s involvement. “Not all cases are necessarily probation cases,” he said. “A judge has to weigh the facts as presented. Many defendants in his court come from difficult circumstances involving drugs and crime that occurred while the defendants were minors. Later, when they become involved in more serious crimes, the judge has to determine fair sentences and consider mitigating circumstances.” “Some defendants agree to plead guilty to a lesser term in order to avoid life imprisonment. Some others might attempt to mitigate their behavior by showing their lack of involvement, but all these factors have to be weighed by the court in assessing punishment,” he said. A criminal defendant once told the court: “I heard you are a fair judge.” That meant a lot to Judge Salvant. “I don’t favor the State or the Defense. I’m fair to both. That’s what I try to do my whole career and that’s what I plan to continue to do.” Judge Salvant and Beverly have four children and seven grandchildren.
Professionalism Award
Bobbie G. Edmonds From the cotton fields of Northern Louisiana to an inspired interior decorator, practicing attorney, mentor, and associate judge for the City of Forest Hill, Texas, Bobbie Edmonds inspires, motivates and educates her audiences inside and outside of the courtroom. She has been the leader of a legal aide program, adjunct professor at two universities—McNeese University, Lake Charles, Louisiana and Texas Wesleyan University, Fort Worth, Texas—motivational speaker, and radio legal analyst on The Rickey Smiley Morning Show, Heaven 97AM and KKDA Soul 73. Bobbie earned her undergraduate degree in Interior Design at Southern University A & M in Baton Rouge, Louisiana, and her law degree from Southern University School of Law. She is a frequent local speaker on a variety of legal topics to lawyers, students, community groups and other organizations. Bobbie was a featured speaker at the Congressional Black Caucus’s Book Pavilion in Washington, D.C. during the “Parent Call to Action" Literacy NOW!,” where she discussed her book, “The Legal Navigator.” The book is an essential tool for parents and children to use in the school disciplinary process. She has received many awards professionally and for her civic service. Her first assignment as a lawyer was with the Reginald
MAY/JUNE 2019
▪ TCBA BULLETIN 9
Heber Smith Fellowship in Washington, D.C. Then, she became a staff attorney with North Louisiana Legal Services Corporation and expanded her career by becoming the youngest Executive Director and General Counsel in Louisiana for Southwest Louisiana Legal Services Corporation in Lake Charles, Louisiana. With a crusading desire to expand her horizon, Bobbie relocated to Texas, took the bar exam, and opened her law practice in 1987. She knew one lawyer in Texas, but she eagerly met other lawyers and became a household name as a change maker. She has kept true to the Lawyer’s Creed in her daily interaction with lawyers, judges, and clients. Bobbie has been practicing law over 33 years and is licensed in Texas and several federal courts. She presents legal tips to local churches and elementary and secondary schools on bullying, etiquette, and other matters. Her private practice areas of concentration are family, school, criminal, civil and probate. She has been a member of the Tarrant County Civil Service Commission and holds memberships, in the National Bar Association, Tarrant County Bar Association, and the L. Clifford Davis Legal Association. She has been a member of Eldon B. Mahon Inns of Court-Fort Worth Chapter. She is a supporter of the Tarrant County Bar Foundation. Bobbie also is a legal commentator on The Quad Review with Wilmer Blacknall and has hosted her own 30-minute television show, “Legal Peek.” She is a writer for “The Black Voice-LaVida News” newspaper. She conducted 90-minute Saturday morning, Legal Peek Live sessions to educate the public on various topics of the law. Bobbie was voted as a dynamic lawyer by Eclipse Magazine. She has also been one of the top lawyers in Tarrant County as published in Fort Worth, Texas Magazine. She has served on the Tarrant County Bar Association’s board and was the chair of the Minority Affairs Committee under President Steve Maxwell. She was recognized as a 2019 Visionary Women: Champions of Peace & Nonviolence Honoree by The Greater Fort Worth Area Negro Business & Professional Women’s Club, Inc. She was a presenter/panelist at the 2019 National Bar Association’s Mid-Year ConferenceDallas (The Good, The Bad and The Ugly of Social Media for Lawyers, Judges and Clients), 2019 Tarrant County College North West Campus Law Day Panel, North Lake College Women of Justice Panel, and 2018 Tarrant County Bar Association’s Court Staff Reception and Awards Program (Etiquette and Professionalism in the Courthouse). Bobbie was awarded the 2016 Extraordinary Woman-Fort Worth/Tarrant County Minority & Concerned Citizens for National Women History Month; 2014 Safe Haven Legacy of Women Award for Business; 2012 Citizen of the Year-Epsilon Alpha Chapter, Omega Psi Phi Fraternity, Inc.; the Sojourner Truth Award from the National Association of Professional Women-Dallas Chapter; and Elite News Outstanding Woman. She has received the NAACP Justice Award, the Pastor’s Award from St. John MBC, Phenomenal Woman from Tarrant County Professional Women, Black Women Lawyers Association’s L. Clifford Davis Justice Award, and numerous
10 www.tarrantbar.org
▪ MAY/JUNE 2019
other awards. She is active in the bar associations’ civic work, seminars, and training for youth and lawyers. Bobbie has served as president of the Tarrant County Black Bar Association (now known as L. Clifford Davis Legal Association), has been a board member of Tarrant County Bar Association, and is a NAACP Lifetime member. She is currently a board member on the non-profit organizations; Bobby Bragan Youth Foundation; Friends of Dianne, Inc.; Rally for Education; and IGNITE, a mentoring organization for young women interested in public service and politics. She was responsible for over 300 high school and college students attending the 2019 IGNITE Conference at Tarrant County College Trinity Campus. Attorney Edmonds is no stranger when it comes to being outspoken and advocating for the rights of others. She gained notoriety through representing Carolyn Jean Thomas, the widow of Donald Thomas, who was murdered in a hate crime on June 6, 1991, in Arlington, Texas. In the highly publicized trial, the jury ruled that Mr. Thomas was brutally murdered during a hate crime by three teenaged skinheads. As lead attorney and advisor to Mrs. Thomas, Bobbie spearheaded public relations, which included preparation of press releases for public appearances. She also represented a pregnant lady in a civil rights case against the City of Fort Worth which led to a change in city policy on how pregnant women are handled in police custody. She has also served as lead attorney in a high-profile national class action lawsuit against World Rio Corporation, the manufacturer of a defective consumer product, Rio Hair Naturalizer. She fought for the civil rights of fired FWISD school bus driver, Cynthia Fowler. She also fought and won the civil rights case for Terry Carter, a Fort Worth ISD student who was denied due process in a school suspension case. These cases drew national attention, and she appeared on various national news outlets. Some of her past clients have been actor/comedian/author/radio personality, Steve Harvey, actress Bo Derek, and others. She wrote the youth legal play “Santa Goes to Jail,” wherein 5th graders are the cast and play the roles in a jury trial that is performed in the Tarrant County Family Courthouse during December. The Tarrant County Commissioners have approved this educational activity in excess of 20 years. Bobbie is admitted to practice before the United States Supreme Court, United States District Court of Northern District of Texas, United States Court of Appeals for the Fifth Circuit, and United States District Court of Southern District of Michigan. Her parents, Mr. Robert Gray and Mrs. Rosie Lee Harrison Gray, blessed her with a gift of giving back and treating people with kindness despite adversity. She gives accolades of her accomplishments to her parents who are in heaven. Bobbie is a member of St. John Missionary Baptist Church in Grand Prairie, Texas. Attorney Edmonds’ motto is “Making a difference is life’s most rewarding challenge. Thank God for the gift of life.”
Outstanding Young Lawyer Award
Benson Varghese Benson Varghese is the founder and managing partner of Varghese Summersett PLLC, one of the largest criminal defense firms in North Texas. At age 37, he has amassed an impressive collection of achievements in and out of the courtroom—but they didn’t come easy. A native of India, Benson came to the United States when he was a year old after his mother took a job as a nurse in Dallas. While that may not set him apart from many immigrants in this country, it was his return to India in high school to work on the family’s rubber plantation that makes his upbringing so compelling. The small village where Benson spent his high school years was a place that time had left largely untouched. Benson spent many mornings drawing water from the well or chopping firewood before heading off to school. Monsoon rains meant that the electricity was out almost as often as it was on. For four years, Benson had very little contact with the outside world. There were no computers in the entire village, and the plantation didn’t have a television. It was here, in this remote corner of the world, that this Americanized teenager had to become a man. Benson learned a new language, helped care for his grandparents, and oversaw the operations of the rubber plantation. Once he turned 18, Benson returned to the United States to pursue his dream of becoming an attorney. He got his GED, graduated from SMU with a degree in Business Management, and then went on to Texas Tech University School of Law. After graduating law school in 2009, Benson served more than four years as a prosecutor at the Tarrant County District Attorney’s Office. In 2014, Benson left that position to launch his own criminal defense firm in downtown Fort Worth. He hung his shingle in a 10 x 15 office using $9,000 he borrowed from an uncle. His law partner (and now wife), Anna Summersett, joined him a short time later. Today, the firm occupies 8,500 square feet of space overlooking downtown Fort Worth, employs attorneys of the highest caliber, and is the fastest-growing criminal defense firm in Tarrant County. Earlier this year, Varghese Summersett came in No. 6 on Fort Worth Inc. magazine’s list of fastest growing Fort Worth companies. Last year, the firm was recognized as the 782nd fastest growing business in the U.S. by Inc. 5000 Magazine. And while Benson has earned a reputation as a successful attorney and legal entrepreneur, it’s his service to his pro-
fession and community that shows his true character and commitment. Benson is an officer on the Board of the Tarrant County Criminal Defense Lawyers Association and he supports a number of philanthropic events and non-profit organizations, including Habitat for Humanity, WORTH, Rotary Club of Fort Worth, and the Fort Worth Museum of Science and History. Benson is also a Texas Bar Foundation Fellow; a Tarrant County Bar Foundation Fellow; a Super Lawyer’s Rising Star; a Top Attorney by Fort Worth Magazine; a Top Attorney by 360 West; a Minority Leader in Business by Fort Worth Business Press; a 2017 Entrepreneur of Excellence Finalist by Fort Worth Inc.; and a Martindale Hubbell Silver Client Champion, among others. Benson attributes much of his success at an early age to the values he learned living on the plantation as a teen. He hopes to instill those values in his 2-month old son, Knox.
Outstanding Young Mentor Award
Wade A. Barrow Wade Austin Barrow is a sixth generation Texan born in Longview. He grew up in the nearby town of White Oak, where he graduated from high school in 1994. He spent his youth following his grandfather around the East Texas oilfields and roaming the woods of East Texas. He decided to be a lawyer after his mother made him read “To Kill a Mockingbird” in fifth grade. Since his twin sisters would blame everything on the other twin, he was known to hold trials on the porch to determine the true guilty party. In high school, Wade earned state honors in debate, ready-writing, and journalism, areas that are great preparation for a future in the law. He was also an all-district football player and participated in student government including Boys State. He was accepted to Washington and Lee University, his first choice for undergraduate school. Instead, he chose Baylor University, where he received a scholarship. He knew that his sisters were following right behind him into college, and he didn’t want to put a financial burden on his parents. Wade never regretted choosing Baylor. He was Sports Editor of the Lariat and made life-long friends there. He is a major Baylor sports fan and has season tickets to watch the Bears. He follows them win or lose. While at Baylor, Wade did a summer-internship for Texas Criminal Appeals Court Judge Charlie Baird. His work under Judge Baird strengthened his commitment to becoming a trial lawyer. After graduating from Baylor with a B.S. in Journalism and
MAY/JUNE 2019
▪ TCBA BULLETIN 11
Political Science, Wade immediately applied to law school. He was accepted to several fine law schools, but was hoping for the University of Texas because of cost and its stellar reputation. When accepted, he chose Texas. This proved to be an excellent choice since he met a fellow law student who would become his wife. Brook Remick Barrow has an M.A. in Literature from the University of Indiana that she earned before taking her law degree at UT. Wade heard that she loved Hemingway, and he would station himself in a hammock holding a Hemingway novel when he knew that she would be walking by on her way to class. His ploy worked, because they have been married almost 16 years and are the parents of two boys Jack, 14, and Charlie, 11. Jack is in eighth grader at Trinity Valley School, and Charlie is finishing fifth grade at Alice Carlson Applied Learning Center. Wade has been an active coach for the boys’ basketball and football teams. Any visitor to his office can admire his 2015 YMCA football championship trophy. Wade’s first legal job was with the late, legendary Fred Misko of Dallas. Fred told him, “Just get into the courtroom and try cases. It’s the only way to learn.” Wade took his advice and has tried personal injury and wrongful death matters all over the state and has now tried over 40 personal injury cases to verdict. Wade practiced at the Law Offices of Steven C. Laird for almost eight years before opening his solo practice in 2017. He bought a building in the historic Fairmount District for his office because of his love of old Fort Worth. The walls of his conference room are covered with pictures reflecting Fort Worth and Texas history, as well as documenting his selection as a Texas Super Lawyer Rising Star Edition in Texas Monthly from 2009-2013. He has also been selected as a Texas Monthly Super Lawyer from 2013-2019. Fort Worth Magazine has named Wade one of the Top Attorneys in Tarrant County from 2010 to the present. In addition to his J.D. degree from the University of Texas Law School, Wade holds an L.L.M. in Trial Advocacy with Honors from the Temple University Beasley School of Law in Philadelphia. He is Board certified in Personal Injury Trial Law by the Texas Board of Legal Certification and certified by the National Board of Trial Advocacy as a Civil Trial Law Specialist and in Civil Pretrial Practice Advocacy. Wade’s commitment to trial law is evident in his professional affiliations. He is a past President of the Tarrant County Trial Lawyers Association and has served as VicePresident for Membership of the Texas Trial Lawyers Association. He is also an associate of the American Board of Trial Advocates and a member of the American Association for Justice. He has been published in the Journal of Texas Insurance Law and contributed to the work in Class Actions and Mass Torts, 4th ed. by Fred Misko, Jr. Wade has served as a guest lecturer for the University of Texas, the ATAA National Symposium, and the Tarrant County Bar Association and
12 www.tarrantbar.org
▪ MAY/JUNE 2019
continues to lecture on the topic of Trucking Litigation. Supporting his profession and giving back to the community are important to Wade. He is both a Texas Bar Association Fellow and a Tarrant County Bar Association Fellow. He spends time volunteering for One Safe Place and for Alice Carlson Learning Center. Despite the demands of running a solo practice and being active in his profession, Wade never forgets why he was attracted to trial law. It’s about justice. In addition to winning the second highest settlement in Texas according to Verdict Search in 2013, Wade also represented a client who had paid for his home, but was threatened with foreclosure by an unscrupulous mortgage servicing company. The client was a butcher without the financial means to fight the injustice that he was facing. But right is right, and Wade tried the case and the butcher kept his house. Wade was rewarded with 20 pounds of rib eyes. While it did not make Top Verdicts for that year, it was a very satisfying conclusion for Wade. g
Follow us on
@tarrantcountybar
The Robert G. Alexander Webinar Series Incorporating Long Term Care, The Top 20 Insurance Planning Longevity Annuities, Investment Mistakes How to Avoid at Risk into a -Retirement Incomeor Plan
Least Fix Them
March 20, 2019 Thursday, June 27, 2019 Box Lunch 11:30 am Webinar 12-1 pm
Tarrant County Bar Association Box Lunch 11:30 am Webinar 12-1 pm 1315 Calhoun St Ft. Worth TX 76102 Tarrant County Bar Association 1315 Calhoun St. Ft. Worth, TX 76102
Sponsored by Olin Ragsdale, CLU, AEP, CES RSVP to olin@olinragsdale.com
----------••CC>�<=::)••----------
Tarrant County Bar Association welcomes newly licensed attorneys to a
Thursday, May 9, 20 I 9 3:30 PM-5:00 PM In the Courtroom of the Second Court of Appeals Tim Curry Justice Center Ninth Floor All Justices from the 2nd Court of Appeals will participate and administer the lawyer's oath. The ceremony is open to all individuals who passed the February bar exam and successfully completed all other necessary requirements.
-♦Reception to immediately follow at the Second Court of Appeals.
RSVP with Lauren McKnight at lauren@tarrantbar.org
----------••CC>�<=::)••----------
LegalLine T
hank you to the following attorneys and law students for volunteering their time with LegalLine on March 28.
A Special Thanks to McDonald Sanders Law Firm for providing food and Ridgmar Place for providing dessert on March 14.
Attorneys: Norma Bazรกn, Nick Bettinger, Andrea Casanova, Taryn Horton, Bryce King, Melissa Sircar Law Students: Sarah Hall, Shane Landers, Danielle Stewart, and Jordan Roberts
LegalLine is conducted on the 2nd and 4th Thursdays of each month from 6:00 p.m. to 8:00 p.m. To volunteer, please contact carolina at carolina@tarrantbar.org. g
14 www.tarrantbar.org
โ ช MAY/JUNE 2019
TARRANT COUNTY BAR ASSOCIATION PRESENTS Brown Bag
LegisLative Update
Seminar Series
JUne 21, 2019 Join us for CLE credit at the TCBA Office, 1315 Calhoun Street, Fort Worth Moderator: Mary Barkley and Josh Ross, Cantey Hanger
Noon
Registration
12:30 pm
Recent Criminal Law Update William R. Biggs, Evans, Daniel, Moore, Evans, Biggs and Decker
1:00 pm
1:30 pm 2:00 pm 2:15 pm 2:45 pm
Updates From the House State Representative Nicole Collier, Texas House Member, District 95 and Chair of The Criminal Jurisprudence Committee Updates for Tarrant County
Vincent Giardino, ACDA Legislative Liaison, Tarrant County Criminal District Attorney’s Office BREAK
Family Law Legislative Update Steve Naylor, Naylor & Naylor, P.L.L.C.
Expert Discovery and Disclosures: The 86th Texas Legislature’s Proposed Changes and What It Could Mean For Your Case
Stephen L. Tatum, Cantey Hanger LLP
3:15 pm 3:45 pm
Jerry Bullard’s Legislative Update Brad Parker, Parker Law Firm
Adjourn
3 hours of CLE credit requested (This program will be videoed for showing throughout the year.)
----------------------------------------------------------------------------------------------------------Brown Bag Registration: Legislative Update
_____ $70 TCBA Member
June 21, 2019
_____ $95 non-TCBA Member
_____ Brown Bag Season Pass Holder
_____ $35 TCBA Member Staff
_____ $12 for a boxed lunch
Add $5 if registering after June 19 Please complete this form and return to the TCBA office at 1315 Calhoun Street, Fort Worth, Texas 76102 with a check payable to TCBA or with credit card information. If you have questions, please call Sherry Jones at 817-338-4092 (Fax: 817-335-9238). Name: ___________________________________________________________ Phone: _________________________ Firm: ____________________________________________________________ Fax: ___________________________ Address: _____________________________________________________________ Billing Zip: _____________ Method of Payment: _____ Check
_______ Check Number
______ MC
______ Visa
_____ Am Ex
Credit Card Number ________________________________________________ Expiration ______________________ Name on Card _____________________________________________________ Security Code ___________________
Tarrant County Volunteer Attorney Services “TVAS”
TVAS Needs Volunteers for an
Uncontested Divorce Clinic Tarrant County Volunteer Attorney Services (TVAS) is a pro bono community service program under the Tarrant County Bar Foundation.
on Tuesday, May 14th, 5:30pm at the TCBA Bar Center
followed by a social hour with volunteers, mentors, and local judiciary.
Contact Melissa Sircar if you are interested in volunteering 817.338.4092 or melissa@tarrantbar.org
Free CLE for TVAS Volunteers & TCBA Members Uncontested Divorce CLE Tuesday, May 7th, 3:00pm-5:00pm at the TCBA Bar Center
Contact Melissa Sircar if you are interested in attending 817.338.4092 or melissa@tarrantbar.org 16 www.tarrantbar.org
▪ MAY/JUNE 2019
Tarrant County Volunteer Attorney Services
S
TVAS Continues Partnership with The Gatehouse
ince Spring 2017, Tarrant County Volunteer Attorney Services (TVAS) has partnered with Kelly Hart & Hallman and The Gatehouse in Grapevine, Texas to hold two clinics a year to provide wills and end of life planning documents for residents. The Gatehouse is a privately funded community where women and children end cycles of abuse and poverty and discover new paths for permanent change. The Gatehouse does not function as shelter. Its mission is to create a permanent change in the lives of single women and/ or mothers who have experienced abuse or trauma and assist them to transition into independence. Under the leadership of Shauna Wright, Kelly Hart & Hallman sponsors the clinics held at The Gatehouse and provides the attorneys and training for the attorneys to prepare wills and end of life planning documents for participants. Each participant receives a complete will package along with dinner provided by a local National Charity League Chapter (NCL). In addition, each participant receives a gift and books for her children. It takes a team of volunteers to make the clinic a success. The Fort Worth Paralegal Association provides paralegal support and notaries. Community volunteers, many from NCL,
act as witnesses. Each attendee requires a minimum of 5 volunteers for the will execution ceremony. The April 2019 was the largest clinic held to date with 13 residents participating. 38 Gatehouse residents have benefit from the program with the next clinic already scheduled for the September 2019. g Melissa Sircar Pro Bono Programs Director
Texas Lawyers for Texas Veterans
Tarrant County Chapter
T
HEROES Wills Clinic for Veterans
exas Lawyers for Texas Veterans (TLTV), Tarrant County Volunteer Attorney Services (TVAS), Texas A&M University Law School Family and Veterans Advocacy Clinic (TAMU), and Legal Aid of NorthWest Texas (LANWT) are partnering together to provide two Heroes Wills Clinics in 2019. The first clinic will be held in honor of Memorial Day on Thursday, May 30 from 3 p.m. to 7 p.m. at the Texas A&M Law School. The second clinic is scheduled in honor of Veterans Day on Thursday, November 7 from 3 p.m. to 7 p.m. To participate, veterans must meet income guidelines and only need a simple will and/or end of life planning documents.
Capacity for each clinic is dependent on the number of attorneys who volunteer to prepare a simple will and end of life planning documents for veterans and/or the spouses of deceased veterans. The clinic will also need notaries and witnesses to volunteer. It is anticipated that 15-20 veterans will be served at each clinic. Flyers to advertise these clinics are available by contacting Melissa Sircar. If you are willing to volunteer as a pro bono attorney, notary, or witness please contact Melissa Sircar at melissa@tarrantbar.org. g Melissa Sircar Pro Bono Programs Director
MAY/JUNE 2019
â&#x2013;Ş TCBA BULLETIN 17
Arbitration Carve Out Clauses: Tips and Traps By John Polzer, Hiring Partner at Cantey Hanger LLP & Adjunct Professor at TCU Contribution by Sydnie Shimkus, Associate at Bell Nunally & Martin LLP
O
ne sentence in your arbitration clause can open your client up to expedited discovery, depositions and an evidentiary hearing—all before a trial judge is required to send the case to arbitration. This sentence usually is a “carve out” of an arbitration provision and permits a party to seek injunctive relief. However, the failure to property contain or limit this clause may defeat a few of the goals of arbitration: limited discovery and limited expense. Further, if the clause is not worded properly, a successful plaintiff may be able to carry an injunction order to the arbitration that contains a judicial finding of probable success on the merits. Theoretically, a defendant could enter arbitration with the burden now shifted to rebut the court’s finding rather than a plaintiff being the party to put to its proof. The Federal Arbitration Act (“FAA”) provides that if any suit or proceeding is brought in the courts of the United States upon any issue referable to arbitration pursuant to an agreement, then the court shall stay the trial until such arbitration has been had in accordance with the terms of the agreement.1 Further, the FAA allows an aggrieved party, by the alleged refusal of another to arbitrate under a written agreement, to petition a court, and upon the satisfaction of the making of an arbitration agreement, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement.2 The Texas Arbitration Act provides additional clarity for parties subject to an arbitration clause in permitting a party to file an application for a court order, prior to arbitration proceedings beginning, and request: an order to restrain or enjoin; an order to obtain discovery, perpetuation of testimony, or evidence before the arbitration proceedings begin; or an order obtain other relief, within the court’s discretion, needed to permit the arbitration to be conducted in an orderly manner.3 In 1988, in the RGI, Inc. v. Tucker & Associates, Inc. matter, the Fifth Circuit Court of Appeals considered whether the Federal Arbitration Act bars the issuance of preliminary injunctions pending arbitration.4 The Court acknowledged Congress’ intent for the Act to move the parties to arbitrate out of court as quickly as possible.5 However, the language of the arbitration clause at issue in RGI provided, “[i]n the event that a dispute is submitted for arbitration pursuant to this paragraph, this Subcontract shall continue in full force and effect until such decision is rendered.”6 Based on the parties “bargained-for provision” in which they clearly contemplated the status quo to continue pending arbitration, the court explained it was appropriate to issue a preliminary injunction to insure that
18 www.tarrantbar.org
▪ MAY/JUNE 2019
the arbitration clause of the contract was carried out as written.7 The court further explained that the district court’s issuance of the preliminary injunction fell in an area of apparent consensus among the other Circuit Courts as to preliminary injunctions under the FAA.8 The 14th District Houston Court of Appeals in Feldman/ Matz Interests, L.L.P. v. Settlement Capital Corp. followed the Fifth Circuit’s analysis in reviewing a party’s right to injunctive relief pending arbitration.9 The court first highlighted the Fifth Circuit’s conclusion that a court may not enter a preliminary injunction if the parties’ agreement did not contemplate maintaining the status quo.10 The Feldman/Matz parties agreed in their arbitration clause that “with respect to any and all other disputes or claims between us whatsoever related to or arising out of our services, we agree that either of us may submit to a nationally recognized, neutral, arbitration association.”11 Thus the parties did not consider or address maintaining the status quo or permitting other forms of relief pending arbitration.12 The court conditionally granted the writ of mandamus and expressed that it was confident the trial court would enter an order granting the motion to compel arbitration and stay proceedings and not hold a temporary injunction hearing because arbitration had been invoked.13 Similarly, in Metra United Escalante, L.P. v. Lynd Co., the San Antonio Court of Appeals found that because an arbitration clause contained no express language demonstrating that the parties contemplated court intervention to maintain the status quo, then the general rule in RGI was not applicable.14 In other words, the court expressly followed the general rule applied by federal courts in Texas and concluded that the issuance of a preliminary injunction was not appropriate when the underlying claims were subject to arbitration.15 9 U.S.C. § 3 (emphasis added). 9 U.S.C. § 4 (emphasis added). 3 Tex. Civ. Prac. & Rem. Code § 171.086(a)(3), (4), and (6). 4 RGI, Inc. v. Tucker & Associates, Inc., 858 F.2d 227, 228 (5th Cir. 1988). 5 Id. at 229. 6 Id. at 230. 7 Id. 8 Id. 9 Feldman/Matz Interests, L.L.P. v. Settlement Capital Corp., 140 S.W.3d 879, 887 (Tex. App.—Houston [14th Dist.] 2004, no pet.). 10 Id. 11 Id. at 881. 12 Id. at 887. 13 Id. at 888. 14 Metra United Escalante, L.P. v. Lynd Co., 158 S.W.3d 535, 540 (Tex. App.—San Antonio 2004, no pet.). 15 Id. 1 2
However, In re Greenpoint, Credit, L.L.C., the San Antonio Court of Appeals analyzed another arbitration clause and arrived at a different conclusion.16 The parties in that matter had agreed to arbitration, but further agreed to the following: Self-Help, Foreclosure, and Provisional Remedies. The provisions of this paragraph shall not limit any rights that you or I may have to exercise self-help remedies such as set-off or repossession, to foreclose by power of sale or judicially against or sell any collateral or security, or to obtain any provisional or ancillary remedies from a court of competent jurisdiction before, after or during the pendency of any arbitration under subparagraph (b) above.17 The plaintiff in In re Greenpoint filed suit for judicial foreclosure or payment of an indebtedness from the opposing party, and the opposing party answered and counterclaimed.18 In response, Greenpoint moved to compel arbitration of the opposing party’s counterclaims.19 The opposing party objected and argued, in part, that Greenpoint had waived its right to arbitration by substantially invoking the judicial process.20 However, Greenpoint argued, and the court agreed, that it did not waive its right to seek arbitration because the claim for judicial foreclosure was specifically excluded from the agreement to arbitrate.21 The court found that Greenpoint did not substantially invoke the judicial process when it filed suit for judicial foreclosure because the remedy was specifically excluded from arbitration.22 Therefore, the lower court erred in refusing to compel arbitration. As such, based on both San Antonio Court of Appeals matters examining parties’ rights in light of an arbitration agreement, it is clear that a court will defer to the specific language of the parties when determining their rights. In re International Bank of Commerce concluded four years later that a trial court could enter injunctive relief to preserve the status quo pending arbitration even if the parties in the contract did not contemplate such relief.24 The parties in that matter agreed to the following arbitration clause: Any dispute relating to this Agreement shall be resolved by binding, self-administered arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and all such proceedings shall be subject to the Federal Arbitration Act. A single arbitrator shall be selected under the expedited rules of the AAA. ONLY DAMAGES ALLOWED PURSUANT TO THIS AGREEMENT MAY BE AWARDED AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO AWARD TREBLE, EXEMPLARY OR PUNITIVE DAMAGES OF ANY TYPE UNDER ANY CIRCUMSTANCES REGARDLESS OF WHETHER SUCH DAMAGES MAY BE AVAILABLE UNDER TEXAS LAW.25 The court acknowledged that some courts in Texas have
applied the exception to the rule, articulated in RGI above, that a court may issue injunctive relief if the parties’ contract contemplated the relief.26 The court also referenced the Feldman/Matz matter in which the court held that injunctive relief is improper when arbitration is pending.27 However, the court concluded that because under the Federal Arbitration Act and the Texas Arbitration Act, a trial court may enter injunctive relief to preserve the status quo pending arbitration, it upheld the lower court’s decision to issue a temporary injunction to preserve the status quo and the meaningfulness of the arbitration process.28 Although there is a lack of consistency amongst the Texas courts in their treatment of requests for judicial relief pending arbitration, it appears that courts will issue injunctive and other forms of relief when the parties have specifically considered the relief in the arbitration clause. If the arbitration clause does not limit the relief to a temporary restraining order, or uses other general language, a plaintiff may be able to seek a temporary injunction, along with the discovery and hearing permitted by that process. The plaintiff may also be able to carry an order into arbitration which not only preserves the status quo but also contains a finding of likelihood of success on the merits. g In re Greenpoint Credit, L.L.C., 04-04-00794-CV, 2004 WL 2997924, at *2 (Tex. App.—San Antonio Dec. 29, 2004, no pet.) 17 Id. 18 Id. at *1. 19 Id. 20 Id. 21 Id. 22 Id. at *2. 23 Id. 24 Frontera Generation Ltd. P'ship v. Mission Pipeline Co., 400 S.W.3d 102, 109-110 (Tex. App.—Corpus Christi-Edinburg 2012, no pet.). 25 Id. at 106. 26 Id. at 109; see Metra United Escalante, LP, 158 S.W.3d at 539–40. 27 Frontera Generation Ltd. P'ship., 400 S.W.3d at 109; see Feldman/Matz Interests, LLP, 140 S.W.3d at 883. 28 Frontera Generation Ltd. P'ship., 400 S.W.3d at 110. 16
. . . And now a Word From Our Sections
M
ost of the Sections have had very busy years. The Section Chairs have provided some very interesting programs that even a lay person loved hearing, such as – “Graffiti as Protected Art.” Who knew? Some elections are done, some Chairs are staying on for another year – THANK YOU – and some need to hold elections. Let’s get it all done and be ready for the new bar year. Keep up the good work and enjoy your Summer. g Sherry Jones Associate Executive Director
MAY/JUNE 2019
▪ TCBA BULLETIN 19
Tarrant County Bar Foundation
The Advocates for Justice Luncheon highlights the impact of the Bar Foundation’s work in Tarrant County and celebrates the Bar Foundation’s Fellows, volunteers, and community partners.
Thursday, May 16, 2019 11:30 a.m. - 1:00 p.m. | City Club Featuring a discussion by Evan Smith (CEO and Co-Founder of the Texas Tribune) on the 86th Legislative Session and “Free Speech, Free Press, Free Society”
c $2,500 Event Sponsor, includes reserved seating for 10 at the event, recognition in the event program,
and a reception with Evan Smith immediately prior to luncheon.
c $1,500 Table Sponsor, includes reserved seating for 10 at the event, and recognition in the event
program.
c $850
Reserved Table, includes reserved seating for 10 at the event.
All sponsorship levels include the sponsor’s name appearing on a sponsorship sign at the event, recognition in the Bar Association’s monthly Bar Bulletin, and recognition in all event material including the Bar Association’s social media. Tables will seat 10 persons. Individual tickets for the luncheon cost $75. The Tarrant County Bar Foundation is a 501(c)(3) organization. A portion of the ticket or sponsorship is tax-deductible. Contact the TCBA for more information.
Name___________________________________________________________________________________ I would like________________________tickets (at $75 each) for a total of $_______________________________ c I am unable to attend, but I would like to make a tax-deductible contribution in the amount of $______________ Name_________________________________________ Firm____________________________________________ Phone__________________________________________ Fax_____________________________________________ Address__________________________________________________________________________________________ Method of Payment c Check/Check#_______________ c Credit Card#________________________________ c MC c Visa c AmEx Expiration___________________________ Security Code____________________ Name on Card________________________________________________ Billing Zip Code___________________ Please make your check payable to Tarrant County Bar Foundation and mail with this ticket order form to Tarrant County Bar Foundation 1315 Calhoun Street, Fort Worth, TX 76102 g 817.338.4092 g www.tarrantbar.org
Thursday, May 2, 2019 8 a.m.–4 p.m. | Tom Vandergriff Civil Courts Building To make an appointment, visit:
https://ww3.greatpartners.org/donor/schedules/drive_schedule/101743
Thank You to our Sponsor! Uno Pizzeria & Grill
Thank You to our Raffle Prize Donors! Antonio Allen
Dauphinot Law Firm
Lori Spearman
Lisa Arneson
Dowell Pham Harrison, LLP
Tawanna Cesare
Kelly Hart & Hallman LLP
Tarrant County Bar Association
Judge Don Cosby
Jessica Sangsvang
LAWPAY IS FIVE STAR! In our firm, it’s actually fun to do our billings and get paid. I send our bills out first thing in the morning and more than half are paid by lunchtime. LawPay makes my day! – Cheryl Ischy, Legal Administrator Austin Texas Trusted by more than 35,000 firms and verified ‘5-Star’ rating on
The Colaneri Firm
THE #1 PAYMENT SOLUTION FOR LAW FIRMS
Getting paid should be the easiest part of your job, and with LawPay, it is! However you run your firm, LawPay's flexible, easy-to-use system can work for you. Designed specifically for the legal industry, your earned/unearned fees are properly separated and your IOLTA is always protected against third-party debiting. Give your firm, and your clients, the benefit of easy online payments with LawPay.
Special offer for bar members. Call for details 877-388-0605 or visit lawpay.com/tcba
MAY/JUNE 2019
▪ TCBA BULLETIN 21
Snippets
Civil and Criminal
Co-Editor Judge Carey Walker, County Criminal Court No. 2
by Judge Bob McCoy g County Criminal Court No. 3
ASK JUDGE BOB
Judge Bob, what is The Farm Animals Activities Act? The FAAA was originally known as the Equine Act and waived liability of “equine activity sponsors” and “equine professionals,” among other persons, for damages resulting from dangers or conditions that are an inherent risk of an equine activity. It has since been updated and renamed to apply to a broader array of persons, animals, and activities. Most importantly, with the update, the Act applies to farm animal activities related to cattle. Rodriguez v. Waak, 562 S.W.3d 570, 576 (Tex. App.–Houston [1st Dist.] 2018).
Reintroducing “Noah”, the nephew of Moses
MOSES’ AND NOAH’S MONTHLY PARAPROSDAKIAN (a figure Moses
of speech in which the latter part of a sentence or phrase is surprising or unexpected; frequently humorous)
A clear conscience is usually the sign of a bad memory.
DANES’ QUOTE OF THE MONTH The dog was created especially for children. He is the god of frolic. —Henry Ward Beecher
CRIMINAL ITEMS OF INTEREST 1. Arrest
For an arrest to be justified under the Fourth Amendment, a police officer must have “probable cause to believe that the suspect has committed or is committing an offense.” Probable cause is a fluid concept that cannot be readily reduced to a neat set of legal rules. Although the concept evades precise definition, it involves “a reasonable ground for belief of guilt” that is “particularized with respect to
22 www.tarrantbar.org
▪ MAY/JUNE 2019
the person to be searched or seized.” It is a greater level of suspicion than “reasonable suspicion” but falls far short of a preponderance of the evidence standard. If an officer has probable cause to arrest, a search incident to arrest is valid if conducted immediately before or after a formal arrest. State v. Ford, 537 S.W.3d 19 (Tex. Crim. App. 2017).
2. Search & Seizure
A seizure justified only by a traffic violation becomes unlawful if prolonged beyond the time reasonably required to conduct the traffic stop. Thus, continuing a brief investigatory detention beyond the time necessary to conduct a traffic stop requires reasonable suspicion of criminal activity apart from the traffic violation. Ramirez-Tamayo v. State, 537 S.W.3d 29 (Tex. Crim. App. 2017).
3. Ineffective Assistance of Counsel
To prevail on a claim of ineffective assistance of counsel, the defendant must show that counsel’s performance was deficient and that the deficient performance prejudiced the defense. “The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.” Prine v. State, 537 S.W.3d 113 (Tex. Crim. App. 2017).
4. Immigrant Status
A felony conviction renders a nonimmigrant with temporary protected status ineligible to maintain that status and the loss of nonimmigrant status renders an alien removable. While presumptive removal is not the immediate consequence of the conviction, it is an automatic and practically inevitable response to the conviction. Ex parte Aguilar, 537 S.W.3d 122 (Tex. Crim. App. 2017).
5. Arrest
As long as there is probable cause to arrest for the newly discovered offense, and the search occurs close in time to the defendant’s formal arrest, an officer may conduct a search incident to arrest on the basis of an offense discovered after formal arrest for a different crime. State v. Sanchez, 538 S.W.3d 545 (Tex. Crim. App. 2017).
6. Searches and Seizures
When determining whether a warrant sufficiently establishes probable cause, the focus is not on what other facts could or should have been included in the affidavit; the focus is on the
combined logical force of facts that are in the affidavit. State v. Elrod, 538 S.W.3d 551 (Tex. Crim. App. 2017).
7. Probable Cause
Probable cause exists when “the facts and circumstances within the knowledge of the arresting officer and of which he has reasonable trustworthy information would warrant a reasonable and prudent man in believing that a particular person has committed or is committing a crime.” “Probable cause requires an evaluation of probabilities, and probabilities ‘are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.’” If the totality of the circumstances demonstrates a “fair probability” of finding evidence at the location being searched, then the probable cause standard is met. Marcopoulos v. State, 538 S.W.3d 596 (Tex. Crim. App. 2017).
CIVIL ITEMS OF INTEREST 1. Fraudulent Inducement
A disclaimer of reliance conclusively negates the element of reliance in a suit for fraudulent inducement only if the parties disclaimed reliance on representations about a specific matter in dispute. Mercedes-Benz USA, LLC v. Carduco, Inc., 562 S.W.3d 451, 477 (Tex. App.—Corpus Christi-Edinburg 2016).
2. Duty to Disclose
informs the defendant of the specific conduct the plaintiff questions and (2) provides a basis for the trial court to conclude that the plaintiff’s claims have merit. Curnel v. Houston Methodist Hosp., 562 S.W.3d 553, 563 (Tex. App.—Houston [1st Dist.] 2018).
5. Exhaustion of Remedies
“Exhaustion of remedies” is an administrative law doctrine “designed primarily to control the timing of judicial relief from adjudicative action of an agency” … Exhaustion of remedies requires a party in an administrative proceeding to await that proceeding’s completion, thereby securing all available administrative relief before seeking judicial review of the agency’s action. Tex. Com’r of Educ. v. Solis, 562 S.W.3d 591, 597 (Tex. App.—Austin 2018).
6. “No Evidence” at the Court of Appeals
We may not sustain a legal sufficiency, or “no evidence,” point unless the record demonstrates (1) a complete absence of evidence of a vital fact; (2) that the court is barred by rules of law or of evidence from giving weight to the only evidence offered to prove a vital fact; (3) that the evidence offered to prove a vital fact is no more than a mere scintilla’ or (4) that the evidence conclusively establishes the opposite of the vital fact. Orteca v. Abel, 562 S.W.3d 604, 609 (Tex. App.—Houston [1st Dist.] 2018).
We conclude that a duty to disclose arose in at least one, if not all, of the following situations: when one voluntarily discloses information, he has a duty to disclose the whole truth; when one makes a representation, he has a duty to disclose new information when the new information makes the earlier representation misleading or untrue; when one makes a partial disclosure and conveys a false impression, he has the duty to speak; and when one knows that the other is about enter into a contract under a mistake as to undisclosed facts, he has a duty to disclose facts basic to the transaction if the other party would reasonably expect a disclosure of those facts because of the relationship between the parties, the customs of trade, or other objective circumstances. Mercedes-Benz USA, LLC v. Carduco, Inc., 562 S.W.3d 451, 479 (Tex. App.—Corpus Christi-Edinburg 2016).
7. Covenant Runs With the Land
3. Subject-matter Jurisdiction
Life is short, the art long, opportunity fleeting, experience treacherous, judgement difficult. —Hippocrates
Subject-matter jurisdiction is “essential to a court’s power to decide a case.” … A court acting without such power commits fundamental error. A judgment rendered without subject-matter jurisdiction cannot be considered final. Guimaraes v. Brann, 562 S.W.3d 521, 536 (Tex. App.— Houston [1st Dist.] 2018).
4. Medical Malpractice
“However, if the motion challenges the adequacy of an otherwise timely report, the trila court may grant the motion ‘only if it appears to the court, after hearing, that the report does not represent an objective good faith effort to comply with the [Act’s] definition of an expert report.’” A report qualifies as an objective good faith effort to avoid dismissal if it discusses each element with sufficient specificity that it (1)
“In Texas, a covenant runs with the land when it touches and concerns the land; relates to a thing in existence or specifically binds the parties and their assigns; is intended by the original parties to run with the land; and when the successor to the burden has notice.” S-G Owners Association, Inc. v. Sifuentes, 562 S.W.3d 614, 620 (Tex. App.—Houston [1st Dist.] 2018).
LEGAL QUOTES OF THE MONTH
The only real lawyers are trial lawyers, and trial lawyers try cases to juries. —Clarence Darrow Editor’s Note: Wonder who drew up his will?
OLD NEWS
Flying High in Fort Worth Fort Worth took center stage in aviation news in 1949. On February 28, a B-50 bomber named Lucky Lady II took off from Carswell Air Force Base and pointed its nose east. At various points along the route—over the Azores, Saudi Arabia, the Philippines and Hawaii—Air Force tanker planes met with the B-50 and refueled it in midair. On March 2—94 hours and 1 minute after takeoff—the B-50 landed at Carswell. It completed the first nonstop flight around the world—23,454 miles from Fort Worth to Fort Worth. g
MAY/JUNE 2019
▪ TCBA BULLETIN 23
W e l l ne s s C on n e ct i o n s Co m m i t t e e
Emotional Sobriety
By Chris Stoy, Hutchison & Stoy, PLLC
erfection in the true sense is a fantasy. The reality is Fear, no matter how experienced you are at lawyering, at that flaws create perfection. Accepting this fact will trial, or in life, always finds a way to make itself present. Fear
P
put you on the path to emotional sobriety. It is well known that the legal profession has one of the highest rates of substance abuse of any career. Many who have struggled with substance abuse, even slightly, attribute it to any number of things: the demanding client, the abusive judge, the unrelenting boss—the list goes on. Often, anxiety and depression go hand-in-hand with substance abuse. And the common perception is that anxiety and depression flow from the substance abuse. But all too often, that’s not the case. While I won’t deny that the everyday life of a lawyer can create stress, I think substance abuse is more often a symptom of, rather than the cause of, anxiety and depression. Properly treat the anxiety and depression, and the substance abuse is likely to subside as well. The cure for anxiety and depression that I like to champion is “emotional sobriety.” What is emotional sobriety? Well, to me, it’s a general concept of maturity, balance, and humility with ourselves, with others and with, for at least some, our higher power— whom I just happen to call God. Emotional sobriety starts with accepting the fact that we’re really only promised “reasonable” happiness in this life. “Reasonableness” is a term that most lawyers should recall from law school. But, like the difficult-to-define “reasonably prudent person” from Palsgraff, reasonableness is more a fact question for you to ask yourself than an ideal for someone else to define. That being said, I do have a few suggestions. :) For me, the first step in finding reasonable happiness was to discard my adolescent ideals of perfection: the perfect romance, the perfect job, the perfect staff, and the perfect life. These are not reality, they are urges and fantasies—akin to Disney fairytales. And, while some fairytales may be fine for young children, the pursuit of the perfection fairytale can do significant emotional harm to an adult. To that end, perfection must be redefined. In a past life, my definition of perfection was close to that of Webster’s, i.e., without flaws. It wasn’t until I realized that flaws created perfection that I began to attain my own emotional sobriety. Another barrier to emotional sobriety, at least for this author, is dependence on people, places, and things to provide me with my security, sense of success, and sense of self-worth. When I did not attain the security, success, and self-worth I sought from (or felt I deserved from) others, I felt defeated. And, as many know, defeat is accompanied by feelings of depression, anger, anxiety, etc. It wasn’t until I accepted that I was powerless over people, places, and things that I was able to obtain some sense of emotional sobriety. Fear was another impediment to my emotional sobriety. Growing up I was told I should be fearless, or at least show no signs of fear. I question whether that was good teaching.
24 www.tarrantbar.org
▪ MAY/JUNE 2019
loves it when you ignore its presence. Fear feeds on our attempts to keep it at bay. Fear grows stronger with our efforts to suppress it. But I have the antivenin to fear: acknowledgement of the fear itself and acceptance that fear is a normal and natural emotion. If I start to feel nervous or fearful at the start of a trial, the quickest way I overcome it is telling myself, “You’re afraid, but that’s o.k.” If I face something in life that creates fear, I take a moment to accept that fear. After accepting that fear, I simply take the next right step. To defeat fear, you must lean into it—both in the practice of law and in life itself. In summary, my advice on how to begin your path to emotional sobriety goes something like this: take steps to remove dependence on others from your life; learn to accept people, places, and things as they are; lean into your fears, and always remember that true perfection is a fantasy and that flaws create perfection. Just try it and see what happens. Emotional sobriety is not a destination. You’ll never fully obtain it, at least in my opinion. My suggestion is that you make it your goal. Practice progress, not perfection. And don’t let best get in the way of better. g
TCBA Presentation on
Blue Zone Project and Techniques to Avoid Malpractice
Recent regulatory and city ordinance changes implementing Blue Zone have a significant impact on our practice, our clients, and how we do business in Fort Worth.
Blue Zone is a movement that involves making healthy choices. Fort Worth was designated as the largest Blue Zone community in the United States. This designation was a culmination of city leaders’ intent on making our city livable and healthy. The Blue Zone Project resulted in various city ordinances and approved worksites. Many of the largest employers in Fort Worth are incorporating these principles into their HR policies and workplace. Speaker: Christa Reynolds, City Attorney
How to incorporate mindfulness into our everyday law practice – to avoid errors, omissions and malpractice. The Disciplinary Rules of Professional Conduct mandate that lawyers maintain a degree of wellness so clients are assured the lawyer’s character and fitness are suitable to practice law. Rule 8.03 requires a lawyer to have sufficient “honesty, trustworthiness [and] fitness.” In order to comply with this mandate, a lawyer must engage in self-care. Mindfulness is a leading method for lawyers to navigate and reduce the anxiety of the practice of law. Speakers: Katie Soule, PhD, LPC and Kate Casey, JD, LPC Complimentary lunch provided by La Hacienda Treatment Center and Mesa Springs Hospital.
Thank you to the following people for their support of
Chair: Brian Singleterry Committee Members: Frank Jacobini, Spencer Mainka, Maleshia McGinnis, Jo Pate, Kathy Roux, Karon Rowden, Jessica Sangsvang, Karen Schroeder, Chris Troutt, Carla Vogel Orientation Speakers: Joe Cleveland, Judge Reed O'Connor, Tom Williams Speakers: Sgt. Boykin, Karen Schroeder, Kelley Hill, Louis Stefanos, Gerald Pruitt, Frank Jacobini, Steve Katten, Lynn Rodriguez, Karon Rowden, Judge Kenneth Newell, Jessica Sangsvang, Veronica Sanders
Pictured L-R: Tom Williams, Judge Reed O’Connor, TCBF Chair Joe Cleveland, and People’s Law School Chair and 2018 Fellow Brian Singleterry
MAY/JUNE 2019
▪ TCBA BULLETIN 25
By Perry Cockerell
Judicial Profile Terrie Livingston, Chief Justice (Ret.), Second Court of Appeals
I
t has been almost two years since Terrie Livingston retired as Chief Justice of the Second Court of Appeals. After serving over twenty-three years on the court, her life now is a quiet retirement on Eagle Mountain Lake, where she spends her time traveling, enjoying the outdoors, walking, and kayaking on the nearby lake. She remains active with the Tarrant County Bar Association, attends bar functions, and serves on the Wellness Committee that consists of a group of lawyers who paint, exercise, kayak, and plan outdoor activities. She hopes to write and travel more often with family and friends. On one of her trips she kayaked off the coast of Scotland among the seals. Her last trips were to Santa Fe and Minnesota with high school friends. Her next trip will be to the State of Washington.
Family Background
Chief Justice Livingston was born in Atlanta, Georgia where her family lived at the time. Her father, Elmo Livingston, was an electrical engineer with Convair, a division of General Dynamics. Her mother, Marilyn Livingston, was a homemaker. Two daughters were born of the marriage, and they would choose divergent paths for their professional careers. The oldest sibling, Kim Livingston, became an anesthesiologist and is now retired. Terrie would choose law. The family moved to Fort Worth in 1956 when her father was transferred to the Convair plant that became known as General Dynamics and Lockheed Martin. Livingston grew up on the west side of Fort Worth and graduated from Western Hills High School in 1973.
Education
Livingston chose Texas Tech University for college and majored in political science. She took a legal class that was taught by the Socratic Method, and “as soon as I did that I was hooked.” She was a member of the Tri Delta sorority and held several positions. “I was always the volunteer.” She graduated with Distinction and Honors from Texas Tech University in 1977. Then she moved to Austin to attend the University of Texas School of Law, where she was taught by Charles Allen Wright, Stanley Johanson, and Bill Powell. “Law school was a blast, and it was fascinating to have those professors. It doesn’t get better than that.”
26 www.tarrantbar.org
▪ MAY/JUNE 2019
She studied in the Tarlton Law Library that bore the name of Benjamin Dudley Tarlton, who was the first chief justice of the Second Court of Civil Appeals. She had no idea that she would follow in his footsteps to become the court’s eleventh chief justice. During law school she clerked for Charles Campbell, who oversaw the Special Prosecutor’s Division of the Texas Attorney General’s office and would later serve on the Texas Court of Criminal Appeals. Between her first and second years of law school she clerked in the Appellate and Intake divisions of the Tarrant County District Attorney’s Office. It was during her time with the Tarrant County District Attorney’s office that she began to develop her interest in appellate law.
Returning to Fort Worth
She returned to Fort Worth in 1980 after graduation from law school and took a position with Watson, Ice & McGee, where she handled estate planning and real estate litigation. In 1985, having a desire to have her own law firm, she, Linda Todd-Bruse, and Cheril Hardy established the first all-female law firm of Livingston, Todd-Bruse & Hardy. She represented banks, credit unions, and physicians and handled corporate matters, loan transactions, and litigation. She also served as an adjunct professor at the Real Estate Career College, where she taught real estate agents and brokers in preparation for their state examinations. In 1988 she joined Gandy Michener Swindle & Whittaker, L.L.P as a partner and concentrated on commercial leasing, probate, and estate planning. “The great thing being there is that big clients fell in your lap. Someone gave me a distributing company and I ended up doing their leases all over the country. It was challenging work.” Four years later, in 1992, “I went out on my own. I had done it once and survived. I was totally on my own at the Mallick Tower. I did corporate, probate, and family law and wanted to be closer to the courthouse.” That same year she was elected president of the Tarrant County Women’s Bar Association, and in 1993 she was elected as vice-president of the Tarrant County Bar Association. She also served on the Fee Dispute Arbitration Panel from 1985 to 1989 and was the Chair of the committee in 1989.
Considering public office
By 1993 she had well-rounded experiences in multiple areas of the law. She began to consider running for an expected opening in the probate court. “Judge Burnett was the sole probate judge then and there was talk he would retire. There were seven people who jumped into that race.” She considered the court appeals, where she would face
no opposition in the republican primary. The appellate court appealed to her because “it was something I was interested in doing more of because I always enjoyed appellate writing. My original plan was to run for probate judge and then for the court of appeals. No one had bothered to touch the appellate court. I decided I would go for it and it would be good for me to campaign and meet everybody.” She won the general election in 1994. “There were four new justices on the court at the same time: Cayce, Richards, Dauphinot. I had to keep running because I defeated an incumbent who was appointed. I had to run again in 1996 because it was an unexpired term.” Looking back to those days years ago she recalled, “When you are 27 years younger, that isn’t bad. Everyone was nice, friendly and kind. It was just delightful. It was very challenging to do as a solo practitioner. I don’t know how statewide candidates run in a state like Texas.”
Remembering September 11, 2001
She remembers oral arguments on the morning of September 11, 2001. “We held court but ended up doing the morning half. Everyone was shocked that we were hearing arguments. I remember the last person to argue that morning was Ward Cayce. He had a criminal appeal that morning and was last on the docket and arguing around 11 am. The next day we had a notice that he died that night. I had just talked to him. It made those days even sadder. Multiple bomb threats followed at the courthouse over the next couple of weeks.”
Governor taps her for Chief Justice
In 2010, after serving sixteen years on the court, Governor Rick Perry tapped her for Chief Justice to follow John Cayce who returned to private practice. She faced a difficult budget cutting process the following year after being confirmed. “We had those huge budget cuts in 2011, and I became the chief the year before we got the budget cuts. The first thing we cut was our CLE budget. We reduced our CLE budget to $600 per year for a justice and two lawyers. We did our CLE in-house. We had to cut salaries by eleven percent, which was hard on everyone due to relatively low state salaries. “Then the Legislature mandated that more types of appeals be accelerated. The Legislature wrote a new statute on terminations and you have 120 days to get them out. These cases and venue cases go to the top of the line. We created a whole separate docket for those. Everything that was a parental termination case had to be done before anything else. The problem is that the Legislature has good intentions. There are many good reasons to accelerate these cases, but we did not have additional people to do it. That was the hardest part of managing a docket. Every time the Legislature met the number of accelerated cases would increase.” Livingston has a list of fifty items that she accomplished, but they are too many to report. “I implemented written evaluations of the employees. The employees would critique the employees and judges. When e-filing was implemented, it eased the stress. I also created an active and proactive archive committee so we could destroy a lot of our files. We got all the civil cases transferred to e-file and half of the criminal cases done. We also established a robust Secu-
rity Committee that made our space more secure by adding glass at the Clerk’s access point and panic buttons in several locations and created multiple evacuation procedures.”
Pens difficult court decisions
During her time on the court she penned some of the court’s most difficult decisions. “Most of them I cannot talk about except for the basis of the opinions,” she said.
Tarrant County v. Denton County boundary line dispute
One such case was Tarrant County v. Denton County, 87 S.W.3d 159 (Tex. App.—Fort Worth 2002, pet. denied), where Tarrant County and Denton County went to battle over the boundary lines between the counties. When Denton County sought to move the line to include the acreage into its county, the boundary dispute resulted. The court held that years of relatively mutual use and acknowledgement of the same boundary between the counties, coupled with contractual agreements between the two counties regarding any alleged discrepancies in more recent years, meant that that line would remain the recognized boundary between the two counties. “The most interesting aspect of the case was the historical data included in the record, e.g., maps back to 1845 and metes and bounds descriptions in surveys that read like trail rides through the old west.”
Continuance of physician-patient relationship after discharge
In Gross v. Burt, 149 S.W.3d 213 (Tex. App.—Fort Worth 2004, pet. denied), Justice Livingston wrote the opinion that reversed a judgment against physicians and a hospital for medical malpractice that involved twins who were born prematurely and suffered from an eye condition that could result in vision loss if there were no follow-up consultations after dismissal from the hospital.
Media defendant could bring interlocutory summary judgment
In Kaufman v. Islamic Soc. of Arlington, 291 S.W.3d 130 (Tex. App.—Fort Worth 2009, pet. denied), Livingston, in writing in a case of first impression, held that an author of an internet article was a “media defendant” who could bring interlocutory appeal from order denying summary judgment.
Civic life
During her legal career Chief Justice Livingston balanced her docket and administrative responsibilities with a busy professional life serving on numerous state and local committees. She held membership in the American Bar Association, Appellate Conference of Judicial Administration Division and numerous appellate and judicial committees with the State Bar of Texas. She also served as the chair of the Tarrant County Bar Foundation and chair of the Building Construction Committee during the Bar Center’s extensive renovation and has been a frequent author and lecturer on numerous legal topics involving appellate practice, rule changes, and brief writing. She is active in the Tarrant County community and has served on the Board of Visitors in the College of Humanities and Social Sciences at Texas Christian University, Director of the Circle “T” Girl Scout Council, Mayor’s Commission on the Status of Women, and the Advisory Board of the Texas Girls’ Choir. Chief Justice Livingston retired in September 2017. g
MAY/JUNE 2019
▪ TCBA BULLETIN 27
Welcome New Members of the TCBA: ATTORNEYS Owen C. Babcock Nikki Chriesman-Green John Davis Kurt D'Mello Benjamin Gibbs Ginette Harrell Cecilia Hindman Christopher John Michelle Jones Kristy H. Koopmans Stephen Lund Tara McAfee Kathleen Munden Madison Pricer Jones Sigrid Steil Kyle Weldon
Lawyers on the Move & Rod Tanner of Tanner & Associates, P.C. has been named as one of the Top 100 Lawyers in Texas for 2019 by Super Lawyers (Texas Monthly). Perry Cockerell has opened the firm of Perry Cockerell, P.C., 8300 Douglas Avenue, Suite 800, Dallas, Texas 75225. He can be reached at at perry@perrycockerell.com or 972.752.3153. Bourland, Wall & Wenzel would like to welcome our newest associate attorney, Alicia D. Meinzer. Ms. Meinzer’s practice focuses primarily in the areas of wealth planning, asset protection, probate, estate and trust administration, and tax law. Her main goal is to establish long-term relationships with her clients, and she takes great pride in assisting her clients create and implement tailored plans to accomplish their key objectives and create effective
business succession plans to preserve family harmony and carry on their family legacy for future generations. Ms. Meinzer, with her production agriculture background and real estate and oil and gas title experience, brings a unique perspective for her clients owning land and mineral interests. Ms. Meinzer graduated with distinction from Texas Tech University School of Law and was admitted into the State Bar of Texas in 2013. Ms. Meinzer can be reached at 301 Commerce Street, Suite 1500, Fort Worth, TX 76102, 817.877.1088. Cary M. Schroeder announces his law office is moving on June 1, 2019 to the Bank of Texas Building at 500 Grapevine Highway, Suite 430, Hurst, Texas 76054. Cary may be contacted at 817.704.4004 and his email address is schroederlawfirm@gmail.com. g
Membership Report
STUDENTS
Megan Erinakes Aaron Lombrana e hope all of our members are Jordan Roberts enjoying the last few weeks of Roy W. Russell Spring as we get ready for another Jeanne Truglio Texas summer. The past few months at the bar have been packed full of events! The 15th Annual ASSOCIATES People’s Law School was held on March 23 at the Gena Long Texas A&M School of Law. Over 100 Tarrant Donna Trimble County residents were able to hear the basics of law from local attorneys. This year, Judge Reed PARALEGAL O’Connor and Tom Williams gave a presentation during orientation on the Law Day Theme Becky Holland of the year, “Free Speech, Free Press, Free Society.” We had eleven local attorneys teach nine classes of varying topics. A special thank If you are a TCBA member and would you to Chair, Brian Singleterry, and the entire like to place an People’s Law School Committee for their hard announcement in the Bar Bulletin, we work this year. The 26th Annual Bench Bar Conference would like to hear was held April 5–7 at Horseshoe Bay Resort. from you. Thank you to the Bench Bar Committee for Please submit information by email all of their help in making this year’s event a success. Our third Breakfast with the Judiciato elizabeth@ tarrantbar.org. ry was held on April 26, which provided new members, law students, and attorneys with less
W
28 www.tarrantbar.org
in the News
▪ MAY/JUNE 2019
than ten years of experience the opportunity to network with our local Judiciary. Thank you to the Judges and Justices that were able to attend and make this event a success. The Blood Drive is coming! The TCBA Blood Drive Committee is in need of volunteers to participate in the Carter Blood Drive on May 2nd! Make sure that you mark your calendar to attend this annual event at the Tom Vandergriff Courthouse. Please use the link to make appointments: https://ww3.greatpartners.org/ donor/schedules/drive_schedule/101743. With the arrival of summer comes the arrival of the membership renewal period at the TCBA. Our 2019–2020 Bar Year runs from July 1, 2019 to June 30, 2020. Renewal invoices will be emailed out mid-May. Make sure you renew early to avoid a lapse in your membership at the Bar. Please email me if you have any questions. Thank you for your continued support of our organization. We hope to see you at an event in the near future! g Lauren McKnight Membership Director
Thank You Sponsors Diamond Sponsors Sharen Wilson Criminal District Attorney
Platinum Sponsor
Patterson Law Group Varghese Summersett, PLLC
Gold Sponsor
Silver Sponsor
Allen & Weaver, P.C. Brackett & Ellis, P.C. Falcon Document Solutions Harris, Finley & Bogle, P.C. McDonald Sanders, P.C. Robert L. Henry Attorney at Law, P.C. Texas A&M University School of Law
DMC Bradley Dowell Pham Harrison LLP The Haslam Firm Haynes and Boone, LLP Parker Law Firm Seltzer & Dally, PLLC Watson, Caraway, Midkiff & Luningham, LLP
Bronze Sponsor
The Brender Law Firm Bruner & Bruner, P.C. Decker Jones, P.C. Veritext
Texas Lawyers for Texas Veterans Tarrant County Chapter Thank you to Kelly Hart for sponsoring June's Free Legal Advice Clinic For Veterans.
MAY/JUNE 2019
â&#x2013;ª TCBA BULLETIN 29
Lawyer Referral & Information Service
T
CLE
Corner
News
he Lawyer Referral & Information Service received a total of $111,777.71 in referral fees for the 2018–2019 Bar Year. Specials thanks to our members who recently paid referral fees: Jason Amon Timothy Brandenburg Phillip Brown Monty Buhrow Ola Campbell Andrea Casanova Anthony Cuesta Lori Dally Todd Durden Lacie Friday Jesse Garcia
Carter Hampton James Jinks Jessica Juarez Bryce King Dustin Lee Kathlynn Pack Mia Rainey David Robinson Sarah Seltzer Carey Thompson Joel Whitney
If you have not yet joined our Referral Service and would like to, please send an email to carolina@tarrantbar.org or call 817.338.4092. g
30 www.tarrantbar.org
▪ MAY/JUNE 2019
Sherry Jones Associate Executive Director
H
ere we are closing out one year and starting a new year, beginning July 1. It has been a good year for CLE programs. We have had good attendance and good topics. We are always looking for new topics that provide good legal information, are thought provoking, and are CLE approvable. If anyone has suggestions, please forward them to me. Please also consider joining the Bar’s CLE Committee to help plan CLE programming. Contact me at sherry@tarrantbar.org. g
I hope everyone has a great Summer!
We add value to your We add value to your client relationships! client relationships! expert and highly respected attorney in field your field AsAs anan expert and highly respected attorney in your of law, clients look to you for the best counsel possible of law, clients look to you for the best counsel possible about their specific legal needs. So for those important about their specific legal needs. So for those important personal injury issues lie outside of your experpersonal injury issues thatthat maymay lie outside of your expertise, place your valued clients incapable my capable hands. tise, place your valued clients in my hands. My My firm give them personal attention deserve firm willwill give them thethe personal attention they they deserve and keep youyou fullyfully informed as the progresses. We We and keep informed as case the case progresses. honor all all referral agreements. honor referral agreements.
Trust us us to to treat your personal injury referral with with Trust treat your personal injury referral the same care and tenacity as you would. the same care and tenacity as you would. amboard board certified certified in I Iam in Personal PersonalInjury InjuryTrial TrialLaw Law with the Texas Board of Legal Specialization. with the Texas Board of Legal Specialization.
Contact Me
Contact
817.438.2600, office 817.438.2600, office 817.925.2272, cell 817.925.2272, cell Brad@parkerlawfirm.com Me Brad@parkerlawfirm.com 2317 Plaza Parkway, Ste. 100 2317 Plaza Parkway, Ste. 100 Bedford, Texas 76021
Bedford, Texas 76021
Other Associations’ News & Information
Arlington Bar Association Meets on the 3rd Wednesday of each month. President, Ericha Ramsey Brown. For location & information, email arlingtonbarassociation@yahoo.com or call 214.357.7533. Black Women Lawyers Association For meetings and information, contact Judge Maryellen Hicks, President, at 817.451.7100 or hicks8776@sbcglobal.net. Dee J. Kelly Law Library Welcomes Bar Members! For the latest Texas A&M University School of Law library hours and information, please visit http://law.tamu.edu or call 817.212.3800. Fort Worth Chapter Association of Legal Administrators Meets on the 2nd Tuesday of each month at the City Club, 301 Commerce Street, Fort Worth, 76102. For more information, contact Lisa Boyd at 817.339.2478 or LBoyd@BELaw.com. Fort Worth Paralegal Association General Membership Meetings are held at noon every 4th Thursday of the month at Joe T. Garcia’s, 2201 N. Commerce. FWPA Board of Directors meets at noon every 1st Tuesday of the month at the Bar Center. For more information, go to www.fwpa.org. L. Clifford Davis Legal Association (f/k/a/ Tarrant County Black Bar Association) holds its meetings on the 3rd Tuesday of each month at 6:00pm. For more information, contact President Zachary Ferguson by email at zfergusonlaw@ gmail.com. MABA (Mexican American Bar Association) Meets on the last Thursday of each month with location to be announced. For more information, contact President Eloy Sepulveda at 817.332.1285. Northeast Tarrant County Bar Association (NETCBA) Meets for CLE luncheons on the 3rd Tuesday of each month at La Hacienda Restaurant, Hwy. 121. Contact President Danita Glenn at 214.683.5760 or danitag@thehartlawfirm.com. Tarrant County Criminal Defense Lawyers Association (TCCDLA) Meets every 2nd Thursday at Joe T. Garcia’s, 2201 N. Commerce. For more information, contact President Dewayne Huston at 817.924.2222 or dewayne@thehustonfirm.com. Tarrant County Family Law Bar Association Meets at noon on the 4th Tuesday of each month, with location to be announced. For more information, contact president Dana Manry of KoonsFuller PC at 817.481.2710 or dana@koonsfuller.com. Tarrant County Probate Bar Association Meets on the 1st Thursday of each month at the Petroleum Clubmembers free, guests $30. For more information, contact Jimalee Splawn at 817.870.8752 or jsplawn@hfblaw.com. Tarrant County Trial Lawyers Association Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact Mike Freden at 817.726.1636. Tarrant County Young Lawyers Association The 2017-2018 new TCYLA Year began September 1, 2017. If you need an application or meeting information, call 817.338.4092, email lauren@tarrantbar.org, or go to the website at tcyla.org. Texas Association of Defense Council Meets for lunch every 4th Wednesday at Angelo’s. Contact George Haratsis, McDonald Sanders at 817.336.8651 for more information.
32 www.tarrantbar.org
▪ MAY/JUNE 2019
Space For Lease in the historic
Tindall Square Office Complex in Downtown Fort Worth
■ ■ ■ ■ ■ ■
Parking available Up to 10,000 square feet of office space available with rates starting at $19.50 psf. Current office tenant base includes attorneys, private investment firms and accountants. Executive suites for attorneys available, call for details. Secure record storage facility conveniently located on site with rates as low as $120/month Within walking distance to local restaurants and Sundance Square Office Space and Record Storage Space Available Immediately
Contact Debara Herring ■ 682.316.2072 dherring@rochester-group.com 500 East 4th Street, Suite 175 ■ Fort Worth, Texas 76102
Steve Laird
Steve Laird is one of the Top 100 Lawyers in Texas* Thereâ&#x20AC;&#x2122;s a Reason
It takes years to establish a good reputation Handling Personal Injury Wrongful Death & 18-Wheeler Cases *Texas Super Lawyers, Top 100 (2005-2013, 2015-2018) - Thomson Reuters
Now One of Only 3 Texas Lawyers Board Certified in Truck Accident Law by the National Board of Trial Advocacy.
l aw
O ffi ces
o f
S t e v e n C . L a i r d, P. C . 817.531.3000
1119 PENNSYLVANIA AVENUE, FORT WORTH, TX 76104
www.texlawyers.com
In William T. McGee 1931-2019
J
udge William (Bill) Tecumseh McGee, 87, passed away on Thursday, February 28. Bill was born in Fort Worth on November 24, 1931, to Beatrice Miller McGee and Judge David McGee. He attended Castleberry and was Salutatorian in his freshman year. He graduated from North Side High School in 1949 with honors. He then attended North Texas State University in Denton, studying Pre-Law. In his sophomore year, he joined the U.S. Marine Corps. During his assignment to Philadelphia, PA., he met his future wife, Jeanette Charlotte Tindall. They were married Oct. 3, 1953, in The Church of the Holy Apostles and the Mediator in Philadelphia, PA. In 1954 they came to Fort Worth. He resumed studies at North Texas State University and continued there after the birth of his daughter, moving to Austin to attend the University of Texas Law School until his graduation in 1957. Bill remained in Austin for over a year serving as a briefing clerk for the Texas Supreme Court. He then joined a law firm, and returned to Fort Worth after the birth of his second daughter. During these years, he continued his membership at All Saints Episcopal Church, where he was a vesting member. Bill read morning services every Friday, was a Lay reader for 10 years, taught Sunday school, and was a member of the Men's Club and the Outreach Committee. For several years he was the Chancellor for the Episcopal Diocese of Fort Worth. The Rector, Father James P. DeWolfe, asked Bill to start a mission on the west side of Fort Worth where he lived. Bill and his wife, along with six other couples became the Founding Members of the Church of The Holy Apostles. They were active on the Vestry and he was the first Senior Warden and continued to teach Sunday school. Part of his duties as the Chancellor for the Diocese was traveling with Bishop Iker on church matters and attending annual Episcopal Conventions. During this time, as he advanced his career, he was a member of Toastmasters and served on the State Bar Grievance Committee, including one year as President. He was one of three young men nominated for "Outstanding Young Man of The Year," in Fort Worth in the 60's. He was an active member of the West Side Lion's Club, coming up through the chairs and being elected President in 1967. He went on to run a successful campaign in 1969 for Fort Worth Probate Judge and served for five years before returning to private practice. For the rest of his career he specialized in Estates and Probate law.
34 www.tarrantbar.org
▪ MAY/JUNE 2019
Memoriam
In the later part of his 62 years as an attorney, he traveled all over Texas as a visiting Probate Judge where the existing Judge was recused from a case. A friend suggested Bill have a business card that read, "The gavel, will travel." He and his family enjoyed boating, water skiing, camping, traveling, and snow skiing. He and his wife were members of The Dallas Ski Club. Bill enjoyed gardening and bowling with his Lion's Club friends. He often went on weekend hunting or fishing trips with other Judges and friends. He also hunted and skied with his son. Bill and his wife enjoyed many family reunions all over the eastern coast and Texas. He is preceded in death by his beloved wife of 65 years, Jeanette Tindall; parents, Beatrice Miller McGee and Judge David McGee; three brothers, James David McGee, Joseph Bert McGee and Robert Soloman McGee; and one grandson, Jeremy Tyler McGee. Survivors: Children, Janel Cynthia Buehler, her daughters Jackie and Cassey; Michelle Susan Kells and her husband Chad; Pamela Anne McGee and her daughter, Hilary; Mark David McGee and his children; Carly, Katherine, Mary and David; Angela Ruth Slovak and her husband Joseph and their children Zachary and Vivian. Also surviving is his brother, John Sampson McGee and his wife Shirley and his sister, Mary Ruth Phillips. He had five children, nine living grandchildren and four great-grandchildren, as well as many nieces and nephews. g Published in Star-Telegram on March 3, 2019
James A. “Ottie” Cribbs 1932-2019
J
ames A. (Ottie) Cribbs, passed away on Sunday, March 10, 2019, in Mansfield. James was born on October 26, 1932, to Arthur and Verna Cribbs in Arlington. He attended Arlington High School and Arlington State College. He then attended SMU law school and graduated in 1955. James married Era Belle Morgan on August 29, 1953. He joined the USAF's JAG (Judge Advocate General) Corps where he and Era were stationed at Burtonwood AFB in England. In 1957, James and Era returned to Texas and
began working for the law firm of DeVore, Ashworth and McGehee. He later joined a partnership with Bill Bondurant. James eventually founded the law firm of Cribbs & McFarland. He was honored with Outstanding Young Man of the Year from the Arlington Junior Chamber of Commerce and named as outstanding alumnus of UTA in 1979. James was president of the Ex Students Association of Arlington State College. He was also a founding member of Arlington Bar Association and was the association's third president. James helped found Arlington Bank of Commerce, the first bank outside of downtown Arlington. He quickly became well known for his business acumen, as well as being a crackerjack lawyer. The family eventually moved into the families dream home on Lakeview Circle. The family was very happy, and all were deeply engrained in the Arlington High School community. In 1974, Luis Bravo, an AFS foreign exchange student from Uruguay joined the family for 9 months. The families still remain close and were able to attend a family reunion together last year. James married his loving wife, Sheila Bird of Arlington, on October 3, 1996. Sheila and James were very content, celebrating 22 years of marriage. In his deteriorating health, Sheila was faithful and true, caring for him until the end of his life. James was preceded in death by his wife, Era Belle Morgan Cribbs; father, Chief of Police A.B. "Ott" Cribbs; mother, Verna Pearl Cribbs; and brother, Grover Lee Cribbs. SURVIVORS: his wife, Sheila J. Cribbs; daughter, Shelli; sons, James Jr. Cribbs of Brooklyn, NY, Grover Cribbs and Thomas Cribbs, both of Arlington; grandchildren, Ryan, Jake, Taryn, Preston, James, and Lexi; and great-granddaughter, Ellie. g Published in Star-Telegram on March 15, 2019
Docket Call Social Thursday, June 27 5:00 p.m.â&#x20AC;&#x201C;7:00 p.m. 4200 South Hulen, Suite 217 Fort Worth, Texas 76109
MAY/JUNE 2019
â&#x2013;Ş TCBA BULLETIN 35
Court Staff Reception and Awards
Civil Courts
Daisy Espinoza | Administrative Court Clerk Justice of the Peace, Precinct 1
Family Courts
LeaAnn Moore | Court Coordinator 231st District Court
Criminal Courts
Rachel Martinez | Court Coordinator County Criminal Court #3
State/Federal Courts
Rose Stewart | Deputy Clerk IV Second Court of Appeals
The Transition to Practice Committee Presents
“Working with In-House Counsel: Best Practices and Ethical Tips”
Thursday, June 6, 2019 | TCBA Office Check-in/Lunch: 11:30 a.m.-12 p.m. Panel Presentation: 12-1 p.m.
Panelists:
1.0 Hour CLE with 0.25 Hour Ethics Requested
Punam Kaji – Ben E. Keith Lauren Slaton – Top Golf R.J. Pack – Basic Energy Moderated by Brent Dore, Chair of Transition to Practice Committee Sponsored by 36 www.tarrantbar.org
▪ MAY/JUNE 2019
FREE to TCBA Members
RSVP to Lauren McKnight at lauren@tarrantbar.org.
817.338.4092 tcba@tarrantbar.org www.tarrantbar.org
The 2018–2019 Bar Year is almost over—Thanks for a great year! Look out for your Renewal Dues Invoice in May. When you renew, don't miss out: • Buy a Brown Bag Pass: A Pass includes 7 CLE seminars during the year on topics including ethics, appellate, litigation, transactional, and probate. The Brown Bag Pass offers over 21 CLE hours at less than $7.00 an hour. Watch it live or on video. • Join a Section to receive CLE in your practice area and meet your colleagues.
• Buy a hard copy of the Bar Bulletin for $30.00.
• Support the Tarrant County Bar Foundation's community service programs by adding a contribution to your membership dues.
Bench Bar Conference XXVI
Tarrant County Volunteer Attorney Services
(“TVAS”)
A Primer to Guardianship and its Alternatives Thursday, July 11, 2019 | 10 a.m. to 4 p.m. Tarrant County Bar Association 1315 Calhoun Street, Fort Worth, 76102
5.25 Hour CLE requested, .75 ethics* (This program will be recorded for showing throughout the year) 9:30 a.m. - 10:00 a.m.
Check In
10:00 a.m. - 10:30 a.m.
Guardianship Overview: A Review of Relevant Texas Estate Code Provisions Dana Zachry, Katthen & Benson
10:30 a.m. - 12:00 p.m. Evidentiary Standards in Guardianship, Less Restrictive Alternatives Barrie Allen, Probate Court 1 Court Investigator – Guardianship Jeff Arnier, Probate Court 2 Court Investigator – Guardianship 12:00 p.m. - 12:30 p.m.
LUNCH
12:30 p.m. - 2:00 p.m. Role of the Ad Litem – a Practical Walk Through Andrea Casanova, Law Office of Andrea Casanova 2:00 p.m. - 2:30 p.m. Guardianship Monitoring, Ongoing Relationship with the Court, Restoration Bonnie Link, The Link Law Firm PLLC 2:30 p.m. - 2:45 p.m.
Supports and Services
2:45 p.m. - 3:00 p.m. Medical Perspective on Guardianship Kendra Belfi M.D., Physician 3:00 p.m. - 3:15 p.m.
Break
3:15 p.m. - 4:00 p.m. Judges Panel Judge Chris Ponder, Probate Court 1 Judge Brooke Allen, Probate Court 2 4:00 p.m. - 5:00 p.m.
Social Hour with Fellow Attendees
*This CLE will meet the requirements for Guardianship Ad Litem Certification.
____$100.00 TCBA Member ____$150.00 Non-Member ____$12.00 Boxed Lunch Please complete this form and return to the TCBA office at 1315 Calhoun Street, Fort Worth, Texas 76102 with a check payable to TCBA or with credit card information. If you have questions, please call Sherry Jones at 817.338.4092 (Fax: 817.335.9238).
Name: ________________________________________________ Phone: ______________________ Firm: _________________________________________________ Fax: ________________________ Address: _____________________________________________________ Billing Zip: ____________ Method of Payment: ____Check ________Check Number ____MC ____Visa ____Am Ex Credit Card Number ______________________________________________ Expiration __________ Name on Card ___________________________________________________ Security Code_______
It's All Happening Around the Bar Transition to Practice
People's Law School
Breakfast with the Judiciary
40 www.tarrantbar.org
â&#x2013;ª MAY/JUNE 2019
TAMU Professionalism Program Networking Panel
It's All Happening Around the Bar 1L Networking Breakfast
TCYLA Spring Fiesta
MAY/JUNE 2019
â&#x2013;ª TCBA BULLETIN 41
Bar Bulletin â&#x2013;Ş May/June 2019 Tarrant County Bar Association TCBA members may take advantage of discounts 1315 Calhoun Street provided by the following vendors: Fort Worth, TX 76102-6504 ABA Retirement Funds Program provides full-service ADDRESS SERVICE REQUESTED
Member Benefits Vendor List
PRESORTED STANDARD U. S. POSTAGE PAID FORT WORTH, TX
PERMIT 1807
401(k) plans to benefit the legal community. To learn more, contact local rep. Jacob Millican at 817.451.5020 or visit www.abaretirement.com.
AMO Office Supply offers TCBA members the lowest price guaranteed on office supplies, with next-day delivery and free shipping! Call 800.420.6421. Falcon Litigation Solutions offers discounts on copying, litigation displays, trial boards, etc. Call 817.870.0330. Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed material - business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817.577.0572. Fort Worth Zoo discount tickets - $11.00 adult, $8 for child or senior. For tickets, contact anne@tarrantbar.org or 817.338.4092. If mailing or charging tickets, add 50 cents.
If any of your contact information is incorrect, please submit the corrected information to the TCBA office at 817.338.4092, fax to 817.335.9238 or email to lauren@tarrantbar.org.
CONNECTED
Texas Rangers Baseball discount tickets are available by going to www.texasrangers.com/tickets, selecting a game and entering the coupon code. Contact Sherry Jones for the coupon code by email at sherry@tarrantbar.org. UPS - TCBA has signed an agreement with UPS for TCBA members to receive discounts on shipping. The discounts vary according to the type of shipment, so check out UPS for your needs at www.ups.com or 1.800.PICK.UPS. For IT Help: Juris Fabrilis - Cool Tools for Lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101. For Shredding and Document Disposal: Magic Shred is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Call the TCBA office for details. Expanco is N.A.I.D. AAA-Certified documentdestruction service offering 40% off to TCBA members. Mention your TCBA membership when scheduling an appointment to receive this discount on your invoice. Thomson Reuters Exclusive TCBA offer of 10% off Firm Central subscriptions to Bar members* Please contact Amanda Olson, your local Account Executive, for more information at: Amanda.Olson@tr.com. g
Tarrant County Bar Association - Fort Worth Tarrant County Volunteer Attorney Services Texas Lawyers for Texas Veterans - Tarrant County Chapter
@TarrantBar
@TLTVinTarrant
@TVASFW
Classified Advertising NOTICE
Classified Ads no longer appear in the Bulletin. They can be found on our website at www.tarrantbar.org.