Tarrant County Bar Association Bar Bulletin (November 2017)

November 2017

Trick or Treat

y Halloween years were in the 1970s. My siblings and I would meet up with our neighborhood friends and canvas as many blocks as possible until the last porch light went out. We always knew which houses gave out the full size chocolate bars. Costumes and decorations were often homemade. Most houses had a hand-carved pumpkin.

Mseeking your help to transfer a large sum of money. And use complex passwords—those that include numbers, letters and characters. An ounce of prevention . . . . TCBA events this month

There’s nothing scary about a golf tournament! The TCBA/TCYLA Golf Tournament is Monday, November 6, 2017, at Mira Vista Country Club. This is always a fantastic event, raising funds for the scholarship efforts of the Tarrant County Bar Foundation. Leave your work at the office and enjoy a day of green grass, blue skies, and golf balls that never go the right direction.

by Nick Bettinger

These days, Halloween is more commercialized. Neighbors compete to see who can best recreate a scene from The Walking Dead. Elaborate lighting, frightful sounds, even animatronics, are easy to find and enjoy. The expensive decor is so pervasive that it has become a known quantity. Ironically, the houses that now instill the most anxiety seem to be the dark ones at the end of the block. We fear the unknown.

The virtual world, a/k/a the World Wide Web, has many dark houses. Websites laced with malware can wreak on your computer, some potent enough to encrypt or even destroy your files. Unlike Halloween, though, the real danger is often in the approachable house or, worse yet, your own house.

A botnet (short for robot network) is a network of internet-connected devices that are infected with a specific type of malware that allows the bad guys to control certain actions. On command, the affected devices, known as Zombies (no kidding), can be collectively used to send spam or attack legitimate websites. Sometimes they will steal personal information from the Zombie computer or smartphone, such as bank credentials and credit card numbers, leading to theft and identity fraud. The larger botnets each control millions of devices, allowing them to send billions of spam messages each day. Chances are that some of you unknowingly operate devices packed with one of these botnets payloads. Maybe because you visited an infected website. Possibly you opened a suspicious e-mail attachment. Either way, you are now the dark house at the end of the block. Trick or Treat.

You can take measures to drastically reduce the chances of contracting a virus or becoming a Zombie. First of all, make sure your operating system and internet browser have the latest updates and patches. Install robust security software and keep it up to date. Don’t open those suspicious e-mail attachments from the IRS, FBI, FedEx, or the wealthy foreign dignitary

The next TCBA Membership CLE Luncheon is on Tuesday, November 14, at 11:45am, at the City Club. Join us as Terry Tottenham, past President of the State Bar of Texas, talks about “Representing Veterans: A Debt We Owe Our Heroes." Terry initiated Texas Lawyers for Texas Veterans, a pro bono program that TCBA proudly sponsors for veterans in our community.

Near and dear to my heart, National Adoption Day takes place at the Family Courthouse on Friday, November 17. I’ll be there making balloons for the kids (and kids at heart). If you would like to volunteer, please contact Abbey Kirby (tarrantcountynad@gmail.com).

We could also use more volunteers at LegalLine. Thursday, November 9, from 6:00-8:00 will be our last session of the year. Please consider spending a couple of hours at the Bar Center providing free legal advice to those in our community who cannot afford it.

Finally, mark your calendar for the annual TCBA Holiday Party. December 7th from 5:00-7:00pm at the TCBA office.

Balloons of the Month

Halloween has more balloon-making options than any other holiday.

Have a great month g

Tarrant County Bar Association

817.338.4092 ▪ Fax 817.335.9238

website: www.tarrantbar.org

email: tcba@tarrantbar.org

2017-2018 Officers

President................................Nick Bettinger

President-Elect..........................Lance Evans

Vice President.............................John Cayce

Secretary-Treasurer...............Gary L. Medlin

Directors

Term Ends 2019

Director..............................Susan Hutchison

Director............................Jason C. N. Smith

Director............................Tennessee Walker

Term Ends 2018

Director..................................Cody L. Cofer

Director..............................Veronica C. Law

Director..........................................Lu Pham

2017-2018 Appointed Directors

Appointed Director.......................Joe Regan

Appointed Director................Lori Spearman

Tarrant County Young Lawyers Association

Spring 2017 President.......Tennessee Walker

Fall 2017 President.............Christopher Gee

Immediate Past President......Robert G. West

Executive Director.................Megan Cooley

Ex-Officio Members

State Bar of Texas

Director............................Gary L. Nickelson

Director...............................Curtis Pritchard

Bar Bulletin

Editor...................................John F. Murphy

Assistant Editor.....................Kathleen Flacy

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

The Tarrant County Bar Bulletin is a 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 is the 20th day of the month, two months prior to the date of the issue (e.g., March 20 for the May issue). Items for publication may be emailed to elizabeth@tarrantbar.org in Word format.

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, November 14 g City Club g 11:45 AM g .75 CLE

GUEST SPEAKER: TERRY TOTTENHAM

Apartner of Norton Rose Fulbright since 1978, Terry Tottenham's practice encompasses complex litigation in both federal and state courts throughout the United States.

Terry formerly was head of the pharmaceutical and medical device litigation practice group and Partner-in-Charge of the Austin location. Terry was certified in Personal Injury and Civil Trial Law by the Texas Board of Legal Specialization in 1987. He also is certified in Civil Pretrial Practice and Trial Advocacy by the National Board of Trial Advocacy.

As State Bar President, Tottenham initiated Texas Lawyers for Texas Veterans, a state-wide coalition of Texas lawyers who provide pro bono legal services to needy veterans

and their families. This popular program has been replicated in 14 states and is under consideration in many others.

He also was the first recipient of the David Garner Pro Bono Award by the Texas Board of Legal Specialization and received a Texas Law Fellowship Excellence in Public Interest Award. As Chair of the American College of Trial Lawyers Teaching Trial and Appellate Advocacy Committee, he created a CLE program for public interest lawyers that is being used throughout the United States and Canada. For over 25 years, he has taught Pretrial and Trial Civil Litigation Strategy at the University of Texas School of Law.

The luncheon is hosted by the Tarrant County Bar Association. It will be held at City Club on Tuesday, November 14, 11:45 am. 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 at 817.338.4092 or sherry@tarrantbar.org. For directions to the location, please visit the City Club website at www.cityclubftw.com. g

Neal Adams

Antonio Allen

Sherry Armstrong

Dabney Bassel

Robert Blankenship

Brian Brisco

Cody Cofer

Liz Cortright

John Cummings

Tolbert Greenwood

AnLee Hsu

Karmen Johnson

Abbey Kirby

Scott Lindsay

Dana Manry

Gary Medlin

Judge Bill Meier

Franklin Moore

John Murphy

Gerald Pruitt

Charlene Sanders

Jessica Sangsvang

Karen Schroeder

Brian Singleterry

Kim Stoner

Judge Louis Sturns

Chris Troutt

Patti Gearhart Turner

Melissa Wilks

Nathan Winkler

"REPRESENTING VETERANS--A DEBT WE OWE OUR HEROES"

Snapshot YL A

Christopher Gee, President TCYLA

Iam probably not alone in saying that this is my favorite time of year. The weather has cooled off, college football is heating up, and Thanksgiving is approaching! In addition to good food and spending time with friends and family, Thanksgiving is also a time where many focus on the importance of giving back. Community service is an emphasis of TCYLA, and we recently had an opportunity to partner with the Texas Rangers organization for Habitat for Humanity’s Cowtown Brush Up event on October 7th. TCYLA’s contribution included a $1,000 donation to the local chapter of Habitat for Humanity and a team of volunteers to help paint a house. Getting up early on Saturday morning to paint isn’t usually my first choice for ways to start the weekend, but it turned out to be a lot of fun!

Another service opportunity we’re excited about bringing back this year is TCYLA’s necessity bag initiative. Necessity bags contain items such as toiletries, gloves, warm socks, and even healthy food items for those in need. As an organization, we gather these items into bags and give them to a local shelter for distribution to those in need. We recently received a $500 grant from the Texas Young Lawyer’s Association in support of this effort, and we will raise the remaining funds through our networking events. This is a great project that helps many underserved members of the

Tarrant County community.

Last but not least, our annual golf tournament, in partnership with the Tarrant County Bar Association, will be November 6 at Mira Vista. This is always a first class event, and the funds raised will be supporting the Tarrant County Bar Foundation. Lunch, player gifts, prizes, and a reception following the tournament are just a few things that make this a really fun day. Contact clark.rucker@kellyhart.com if you have any questions about the golf tournament. I look forward to seeing everyone there! g

Janna Clarke Bench Bar Scholarship Fund

The Tarrant County Bar Foundation has approved a scholarship fund for the Tarrant County Bar Association’s annual Bench Bar Conference in honor of Janna Clarke. The scholarship fund is intended to honor Janna’s dedication to Tarrant County bar endeavors, including the Bench Bar Conference, and continue her legacy of encouraging and supporting members of the Tarrant County legal community.

The Bar Foundation will approve the scholarship criteria in the upcoming weeks, and make it available to interested individuals when registration for Bench Bar opens.

If you are interested in donating to the scholarship fund, please make the check payable to the Tarrant County Bar Foundation and include the notation “Janna Clarke Bench Bar Scholarship Fund.” Donations are tax deductible as permitted by law.

Calendar of Events

November 2017

Appellate Law Section Biennial Event

2:00 pm - CLE; 5:00 pm - Reception, City Club

TCBA and TCYLA Golf Tournament

1:00 pm, Mira Vista Golf Course

Tax & Estate Planning Section Luncheon

11:30 am, Petroleum Club

"Protecting Beneficiaries From Themselves and Others"

Collaborative Law Section Luncheon

12 pm, La Hacienda Ranch Restaurant, Colleyville

LegalLine 6 pm - 8 pm, TCBA Office

Brown Bag Seminar 12:30 pm, TCBA Office

"Mental Health Issues: What to Look for in Friends and Clients and How to Help"

Membership Luncheon

11:45 am, City Club

Transition to Practice - "What Every Lawyer Should Know: Immigration, Financial Decisions and Oral Arguments in Trial Court."

11:30am, TCBA Office

FWB&E Section Luncheon

11:30 am, City Club

"Long Term & Elder Care Planning"

Construction Law Section Luncheon

12 pm, TCBA Office

Induction of New Lawyers

3:30 pm, Second Court of Appeals

National Adoption Day 9 am, Family Law Courts

Thanksgiving Day Holiday Office Closed

Thanksgiving Day Holiday Office Closed

Real Estate Section Luncheon 12 pm, City Club

Solo & Small Firms Section Luncheon

12 pm, Petroleum Club

Last Tuesday CLE

1:00 pm - 4:00 pm, TCBA Office

3 hours CLE in Ethics

Tarrant County Bar Foundation's Advocates for Justice Luncheon

11:30 am, Fort Worth Club

Tax & Estate Planning Section Luncheon

11:30 am, Petroleum Club

"Trying Too Hard to Do Too Much: Ethics Traps for the Good Samaritan"

TCBA Annual Holiday Party

5:00 pm - 7:00 pm, TCBA Office

Women Attorneys Section Annual Holiday Shopping and Luncheon Event

11:30 am, City Club

Bankruptcy Law Section Luncheon

12 pm, Fort Worth Club

Last Tuesday CLE

1:00 pm - 4:00 pm, TCBA Office

3 hours CLE in Ethics

Energy Law Section Luncheon

12pm, Fort Worth Club

Construction Law Section Holiday Party

5 pm, Location TBD

Christmas Holidays

Thursday, December 7, 2017 5:00pm - 7:00pm

TCBA Bar Center

Fun, Games, Photo Booth, Door Prizes, Drinks, Food and More.

Bring your donation of stuffed animals or books for National Adoption Day.

Texas Lawyers for Texas Veterans

Tarrant CountyChapter

DO NOT MISS OUR LAST CLINIC FOR 2017!

Friday, November 18, 2017

2:00 PM - 5:00 PM

Veterans Affairs Outpatient Clinic2201 SE Loop 820, Fort Worth, TX 76119

For more information, please contact Melissa Sircar at melissa@tarrantbar.org or 817.338.4092.

Member Benefits Vendor List

TCBA members may take advantage of discounts provided by the following vendors:

ABA Retirement Funds Program provides full-service 401(k) plans to benefit the legal community. To learn more, contact local rep. Jacob Millican at 817.451.5020 or visit www.abaretirement.com.

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 - $9.50 adult, $6.50 for child or senior. For tickets, contact sherry@tarrantbar.org or 817.338.4092. If mailing or charging tickets, add 50 cents.

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 document-destruction service offering 40% off to TCBA members. Call the TCBA office for details. g

M e M bers of the 2017-2018

100 Club

*List Reflected Below is as of October 25, 2017

Adams Lynch & Loftin, P.C.

Albert Neely & Kuhlmann, LLP

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, P.C.

Brown, Dean, Prctor & Howell, LLP

Bruner & Pappas, LLP

Cantey Hanger, LLP

City Attorney - 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.

Gordon & Sykes, LLP

Griffith, Jay, & Michel, LLP

Harris, Finley & Bogle, P.C.

Harrison Steck P.C.

Haynes and Boone, LLP

Holland, Johns & Penny, LLP

Jackson Walker, LLP

Jim Ross Law Group

Joshua Graham & Associates, PLLC

Kelly Hart & Hallman, LLP

KoonsFuller, P.C.

Lacy, Lyster, Malone & Steppick, PLLC

Law, Snackard and Gambill, 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 2017-2018 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

Linebarger, Goggan, Blair & Sampson, LLC

Lively and Associates, PLLC

Loe, Warren, Rosenfield, Kaitcer, Hibbs, Windsor, Lawrence & Wolffarth, P.C.

Martinez Hsu P.C.

McDonald Sanders Law Firm

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

Parker Straus, LLP

Phelps Dunbar LLP

Plains Capital Bank

Pope, Hardwicke, Christie, Schell, Kelly & Taplett, LLP

Schneider Law Firm, P.C.

Second Court of Appeals

Stephens, Anderson & Cummings, LLP

Suzanne I. Calvert & Associates

Tarrant County CDA's Office

Taylor Olson Adkins Sralla & Elam, LLP

The Berenson Firm

The Blum Firm

The Colaneri Firm

The Wolf Law 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 PC

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

Chief Justice Benjamin Dudley Tarlton

In celebration of the 125th anniversary of the Second Court of Appeals, the Judicial Profile this month honors Benjamin Dudley Tarlton, who served as the first Chief Justice of the Court of Civil Appeals for the Second Supreme Judicial District of the State of Texas from 1892-1898.

Tarlton was a successful politician, attorney, appellate justice on two courts of appeals and a law school professor. He was deeply respected and beloved by his colleagues, students, family and friends across the state. He gave his life to the law and to serving others during his distinguished career. At his passing in 1919 he was mourned by thousands. His reputation still survives him.

Benjamin Dudley Tarlton, known as “B.D. Tarlton,” was born on October 18, 1849, in St. Mary’s Parish, Louisiana, the son of Dr. John Tarlton, a physician and sugar planter and Frances Toleman Caller. During childhood he attended neighborhood schools and was privately tutored. He received his B.A. degree at St. Charles College in 1868.

After college he considered devoting his life to the Roman Catholic Church but changed his mind and began the study of law at the University of Lousiana (Tulane University), graduating in 1872. During law school he supported himself by teaching Latin and Greek at the Jesuit College in New Orleans. Later, St. Charles College conferred upon him the honorary degree of LL.D.

In 1872 he was admitted to the Louisiana Bar and began his law practice in St. Landry Parish. Two years later he entered Louisiana politics and was nominated on the Democratic-Conservative Parish Ticket for the Legislature.

In 1875 he moved to Texas, first to Waxahachie for a year and then to Hillsboro, where he formed a partnership with Joseph Abbott, then a leading lawyer in Hill County and later a district judge and congressman. He also practiced law with W. C. Morrow and L.A. Carlton.

On April 24, 1876, Tarlton married Susan Maria Littell of Washington, Louisiana and they would have five children.

Tarlton entered Texas politics in 1882, being elected to the Seventeenth Legislature that year and to the Nineteenth Legislature in 1884. In the Seventeenth Legislature he served as a member of the Executive Committee of the Democratic Party of Texas. In the Nineteenth Legislature he was Chairman of the House Judiciary.

In 1888, the firm of Tarlton, Jordan & Tarlton dissolved and Tarlton decided to run for the judgeship of the 28th Judicial District Court, but lost the election.

He remained active in politics and in 1890 he was temporary chairman of the Democratic State Convention that nominated James S. Hogg in his race for governor.

In 1891, Governor Hogg, who was one of his principal supporters, appointed him as a justice to Section B of the Texas Commission of Appeals. The Fort Worth Gazette reported on the ceremony of his appointment in Hillsboro that “a large concourse of the leading citizens of Hillsboro assembled at the opera house tonight to ratify the appointment of B.D. Tarlton to the commission of appeals … Hon. Jo Abbott, in a feeling and appropriate address introduced Judge Tarlton, who in an eloquent and feeling address returned his thanks for the honor done him by his friends. The stage was beautifully decorated with a magnificent profusion of rare and costly flowers. The most pleasing feature of the evening was the presentation to Judge Tarlton by the ladies of Hillsboro of a member of magnificent bouquets.”

Judge Tarlton’s term on the Texas Commission of Appeals was short-lived because the Texas Legislature end-

2nd Court of Appeals 125th Anniversary

ed the commission in 1892 to create the Texas Court of Criminal Appeals and the First, Second and Third courts of civil appeals. Governor Hogg appointed Tarlton as the first Chief Justice of the Second Court of Civil Appeals.

During the race for the court in 1898, Tarlton withdrew his name from consideration prior to the Democratic Convention after he was challenged by District Judge Truman Conner in the Democratic primary. Tarlton chose to retire from the court rather than run the risk of losing the nomination. During his time on the court, he wrote almost 400 opinions. After leaving the court, he entered private practice in Fort Worth.

In 1904, he served as the first president of the Tarrant County Bar Association. In the same year, he accepted a position as Professor of Law at the University of Texas, where he taught for the next fifteen years and became an integral part of the life of the law school. Students relished his witty and eloquent lectures. One student wrote of his professor: “Whoever said that the study of law is boring and uninteresting had evidently never attended any of Judge Tarlton’s lectures, or he could not truthfully have made such a statement. The writer has attended some two hundred and fifty or more lectures given by the venerable judge, and regrets that he has no more of them ahead of him, and never once has he found himself sleepy or bored. How can a subject be uninteresting when every point brought out is punctuated with a pun, or illustrated by a story, and every principle expanded is embellished with a quotation or a poem?”

Two books containing Tarlton’s lectures on real property, land titles, and community property given to the middle law class are in the archives at the law library of the University of Texas, but are too fragile to be checked out.

In September 1919 Tarlton and his wife were visiting their son, Benjamin Dudley, Jr., an attorney in Corpus Christi, when a hurricane came ashore just south of the city. Tarlton volunteered to help but became ill during the rescue effort and was moved to Beeville, Texas to the home of his daughter, Mrs. James Dougherty, where he died on September 22, 1919. It was written that “in a lucid moment before died Judge Tarlton murmured to his son-in-law, ‘They all seemed to like me’ and then his voice trailed off indistinctly into a Latin apostrophe to the delights of friendship. His last task was on a Saturday where he prepared a test for his law students. He died the following Monday.” It was reported that to the very end his thoughts were of his students—next to his family, the closest to his heart.

An article in the Corpus Christi Caller wrote “Judge Tarlton Dies at Beeville After Exposure In Storm,” and described that he died of pneumonia as a result of his experience in the storm. He was survived by his wife and four children.

The death of Professor Tarlton was a shock to the law school students, faculty, and the legal community across the state. In November 1919 the law school’s newspaper, The Alcalde, reported tributes to him. Professor W.S. Simkins, remarking at his memorial address, told how Professor Tarleton’s “strong sense of justice, the accuracy of his professional learning, and his familiarity with precedent, inspired

the profession with confidence in his decisions, which will be found in the Southwestern Reporter from the 20th to the 48th volume, and I am sure they entitle him to be ranked among the distinguished jurists of Texas. They stand as a monument of his professional ability and a just conception of justice expressed in an easy flow of perfect English, for in reading them one cannot escape the impression that special attention was given to literary excellence in writing his opinions.”

Another tribute was that, “the world is better, much better, for his having lived. He will ever be an example to the youth of Texas, and the child that is unborn shall bless the beauty of his life.” Another was that “his influence could not be defined. In class-room and in council his wisdom and fine personality was missed.”

In 1953, leading members of the state’s legal and educational professions and high government officials gathered in Austin to dedicate the law library at the University of Texas in his name and “to honor a Texas jurist whose efforts to aid storm-stricken Corpus Christi led to his death.”

Tarlton was praised as a man prominent in the public life of Texas and who “filled every position of trust with signal ability and rare fidelity. As a lawyer he was unfailingly courteous, highly ethical, and unusually successful. It should be remembered, too, that he often measured lances with the greatest advocates and most brilliant legal minds in Texas. As a judge, he was fearless, learned and just. As a lawmaker, active and far-seeing. As a teacher, the last and perhaps most useful work of his life, he was sympathetic, strong and magnetic, he charmed by his eloquence, and amazed at his learning and power of chaste illustration. As a Christian, he was devout without ostentation; always unshaken in his faith, and he lived as he believed. As a husband, he was chivalrous, tender and true. As a father, affectionate, devoted, and the constant companion of his children. His home life was beautiful, as was inevitable with one of such knightly character and uncommon graces.” His portrait shown in this article stands prominently on the wall as you enter the Tarlton Law Library.

In April 1965, a memorial scholarship was established by the James R. Daugherty Foundation to honor Tarlton. His legacy continued as Tarlton’s son, Dudley, Jr., had a daughter, Frances T. “Sissy” Farenthold, who became a prominent political figure in Texas.

Judge Tarlton was a charter member of the Texas Bar Association and a member of the American Bar Association. He was Roman Catholic and a fourth degree member of the Knights of Columbus. He was a member of the Town and Gown Club of Austin, a group composed of citizens of Austin and faculty of the University of Texas.

He and his wife Susan and their daughter Mary E. Tarlton, who died in 1897 at age 17, are buried in the Tarlton plot in the Calvary Catholic section of Oakwood Cemetery in Fort Worth, Texas. Mrs. Tarlton died in 1928 and is buried next to her husband. g

Why be a member of the Tarrant County Bar Association? Besides wonderful networking opportunities and camaraderie in the legal community, membership has other benefits such as:

BENEFITS OF MEMBERSHIP

The TCBA has eighteen Substantive Law Sections offering CLE and networking with members interested in the same areas of law.

The 2017-2018 TCBA Bar year has begun!

Reduced rates on CLE (Brown Bags, Luncheons, Section Meetings, Last Tuesday CLE).

Community Service Opportunities through the Foundation: LegalLine, Texas Lawyers for Texas Veterans-Tarrant County Chapter, Tarrant County Volunteer Attorney Services; and through community service committees: People’s Law School, Annual Food Drive, Blood Drive, Elder Law Committee, and others.

Monthly Bar Bulletin (by email or mail) and updates on upcoming events by e-mail.

Mentoring or being mentored through the Transition to Practice program.

1 2 3 4 5 6 7 8 9

Reduced rates on office supplies, UPS, shredding documents, the Fort Worth Zoo, and more.

Free CLE and professional seminars.

Reduced rates on room rental at the TCBA Bar Center.

The professional networking opportunities.

So the next time someone asks you why join the TCBA, please let them know. We thank you for your continued membership. This Bar Association is great because of its members like YOU!

If you have any questions regarding your membership, please contact Lauren at the bar office at 817.338.4092 or by email at lauren@tarrantbar.org.

We would like to take this time to welcome the new members of the TCBA:

ATTORNEYS

Ali Crocker

JaNeen Hopkins

Orlando H. Huaman

Nathan Huckaby

Linda Lee Maloney

Kayla Matus

David Miles

Nicholas Nelson

Benjamin Perez, Jr.

Gregory Roper

Carrie Schilling

STUDENTS

Seth Boettcher

Heather Dyer

Fernando Lira Gomez

Craig P. Hargrove

Wyatt Hinson

Dustin G. Hoffman

Daria Johansson

Tanner Lane McQueen

Ian Campbell Meadows ASSOCIATES

Wendy M. Gilbert

Patrick Wallace

Lawyers on the Move &

in the News

Brackett & Ellis, P.C. is pleased to announce the recent addition of Kevin C. Smith to our firm. Mr. Smith joined Brackett & Ellis as an associate. Mr. Smith's practice primarily consists of commercial litigation, appellate, and school law.

Jim Kiser is now a partner at the law firm of Anderson Riddle in Fort Worth and serving as an adjunct professor at the Texas A&M School of Law.

Katie M. Anderson, previously with Westerman & Associates, P.C., is now an associate of Broude, Smith, Jennings, McGlinchey & Fitzgerald, P.C., 309 W. 7th, Suite 1100, Fort Worth, TX 76102.

Gavin Fearey is now of counsel to Winstead, 300 Throckmorton St., Ste. 1700, Fort Worth 76102.

Stephanie S. Harrison and Luke McMahan are now attorneys with the newly relocated Harrison Steck, 515 Houston St., Ste. 701, Fort Worth, TX 76102. g

The Transition to Practice Committee welcomes all TCBA members to attend

“What Every Lawyer Should Know: Immigration, Financial Decisions and Oral Arguments in Trial Court”

Speakers: Judge Susan McCoy, Maria McIntyre, St. Clair Newbern

November 15, 2017

11:30 AM - 1 PM

1.5 hour CLE, 0.25 Ethics

RSVP to Lauren McKnight at lauren@tarrantbar.org.

If you are a TCBA member and would like to place an announcement in the Bar Bulletin, we would like to hear from you. Please submit information by email to elizabeth@tarrantbar.org.

LegalLine

LegalLine is the 2nd and 4th Thursday, January through November from 6 - 8:00 PM. If you are interested in volunteering or sponsoring, please contact carolina@tarrantbar.org or call 817.338.4092. g

Thank

you to our volunteers!

LegalLine on October 12, 2017

Nick Bettinger, Lynn Rodriguez, Bryce King, Norma Bazán, Gregory Gibson, Scott Phillips, and Benjamin Perez

Dinner sponsored by Martinez Hsu P.C.

Snippets Civil and Criminal

by Judge Bob McCoy g County Criminal Court No. 3

GET TO KNOW THIS JUDGE

Hon. Mike Wallach, Judge 348th District Court

My three favorite things are:

1. Life and family

2. Serving God’s mission of mercy on the Board of Governors of Shriners Burn Center in Galveston

3. Go Frogs

ASK JUDGE BOB

Judge Bob, what is the Texas Citizens Participation Act?

The TCPA protects citizens from retaliatory lawsuits that seek to intimidate or silence them on matters of public concern. “The TCPA’s purpose is to identify and summarily dispose of lawsuits designed only to chill First Amendment rights, not to dismiss meritorious lawsuits.”

Hoskins v. Fuchs, 517 S.W.3d 834, 839 (Tex. App.—Fort Worth 2016).

ASK THE DANES

Moses and Ramses, is it an abusive discretion for the trial court to allow a child to use her dog as a comfort item while testifying?

2. Confrontation

Judge Carey Walker, County Criminal Court No. 2

The constitutional right of confrontation includes the right to cross-examine the witnesses and the opportunity to show that a witness is biased or that his testimony is exaggerated or unbelievable.

Beltran v. State, 517 S.W.3d 243 (Tex. App.—San Antonio 2017).

3. Text Messages

As with other types of evidence, the proponent may authenticate text messages by “evidence sufficient to support a finding that the matter is what its proponent claims.” He can accomplish this in a myriad of ways, depending on the unique facts and circumstances of the case, “including through the testimony of a witness with knowledge or through evidence showing distinctive characteristics.”

Mata v. State, 517 S.W.3d 257 (Tex. App.—Corpus Christi 2017).

4. Offer of Proof

When the trial court excludes evidence, in order to preserve error, rule of evidence 103(a)(2) provides for an offer of proof to inform the court of the substance of the excluded evidence, unless it is apparent from the context. The right to make an offer of proof is absolute. A trial court does not have the option to deny such a request.

Mata v. State, 517 S.W.3d 257 (Tex. App.—Corpus Christi 2017).

Moses

It is not an abusive discretion, and in this case, was in the worst case scenario, harmless error.

See Lambeth v. State, 523 S.W.3d 244 (Tex. App.—Beaumont 2017).

THE DANES’ QUOTE OF THE MONTH

5. Accomplice Testimony

For a conviction to be based on an accomplice witness’s testimony, that testimony must be corroborated by independent evidence tending to connect the accused with the crime. A person is an accomplice if she participates with a defendant in the commission of a crime by doing some affirmative act, with the requisite mental state, that promotes the commission of that offense.

Ramses

It doesn’t matter what it is, what crime against Dog I have committed, she always forgives me. She doesn’t even appear to think about it. One minute she’s noting my odd behavior, the next, if I make a move toward her, she’s licking my hand. As if to say, Gosh, I’m so glad you’re yourself again, and you’re back!

—Alice Walker, “Crimes Against Dog”

CRIMINAL ITEMS OF INTEREST

1. Searches and Seizures

Law enforcement is not restricted by constitutional provisions prohibiting unreasonable searches and seizures from obtaining cell phone records revealed to a third party.

Hankston v. State, 517 S.W.3d 112 (Tex. Crim. App. 2017).

Castillo v. State, 517 S.W.3d 363 (Tex. App.—Eastland 2017).

6. Cross-Examination

A witness may be cross-examined on any relevant matter, including credibility. Additionally, a party has the right to pursue all avenues of cross-examination reasonably calculated to expose bias, motive, or interest for the witness to testify; therefore, the scope of appropriate cross-examination is necessarily broad.

Atnipp v. State, 517 S.W.3d 379 (Tex. App.—Eastland 2017).

7. Mens Rea

The State may prove a defendant’s identity and criminal culpability by either direct or circumstantial evidence, coupled

Co-Editor

with all reasonable inferences from that evidence. The jury is the sole judge of the credibility and weight to be attached to witness testimony.

“It is both a common-sense inference and an appellate presumption that a person intends the natural consequences of his acts, …and that the act of pointing a loaded gun at someone and shooting it toward that person at close range demonstrates an intent to kill.”

Balderas v. State, 517 S.W.3d 756 (Tex. Crim. App. 2016).

CIVIL ITEMS OF INTEREST

1. Answers to interrogatories

Answers to interrogatories may not be used as self-serving statements for the party making them. A party may not resort to his own answers to interrogatories to establish the existence of a genuine issue of material fact.

E-Learning LLC v. AT&T Corp., 517 S.W.3d 849, 857 (Tex. App.—San Antonio 2017).

2. Vicarious liability

“Vicarious liability is joint and several.”

Oney v. Crist, 517 S.W.3d 882, 895 (Tex. App.— Tyler 2017).

3. Third-party-beneficiary

A person seeking to establish third-party-beneficiary status must demonstrate that the contracting parties “intended to secure a benefit to that third party” and “entered into the contract directly for the third party’s benefit.”

First Bank v. Brumitt, 519 S.W.3d 95,102 (Tex. 2017).

4. Findings of Fact/Conclusions of Law

When the trial court’s failure is harmful, the preferred remedy is for the appellate court to direct the trial court to file the missing findings. If the trial court still fails to file the findings, the appellate court must reverse the trial court’s judgment and remand the case for a new trial.

Ad Villarai, LLC v. Chan Il Pak, 519, 136 S.W.3d 132 (Tex. 2017).

5. Trespass to real property

To constitute a trespass there must be some physical entry upon the land by some “thing.” The “entry upon another’s land need not be in person, but may be made by causing or permitting a thing to cross the boundary of the premises.”

Sciscoe v. Enbridge Gathering, 519 S.W.3d 171, 181 (Tex. App.—Amarillo 2015).

6. Guaranty

A guaranty is a promise to a creditor by a third party to pay a debt on behalf of a principal in the event that the principal defaults on the original obligation. “The law recognizes two distinct types of guaranty: a guaranty of collection (or conditional guaranty) and a guaranty of payment (or unconditional guaranty).”

Chahadeh v. Jacinto Med. Group, P.A., 519 S.W.3d 242, 246 (Tex. App.—Houston [1st Dist.] 2017).

LEGAL QUOTE OF THE MONTH

“Authors and uncaptured criminals … are the only people free from routine.”

—N. Vachel Lindsay

OLD NEWS

The Fort Worth Cats entered the Texas League in 1919. Through 1925, the Cats, officially the Fort Worth Panthers, won seven consecutive league championships and were called the “Conquering Cats.” One of the most talented team was left-handed pitcher Joe Pate, a graduate of Fort Worth’s Central High School. He began his professional baseball career in 1912 and joined the Cats in 1918. He is the only Texas League pitcher to win 30 games in a single season— and he did it twice, in 1924 and 1931. Pate’s record as a Cats pitcher from 1918 to 1925 was 176 wins and 51 losses. g

TCBA Seeks Member Input

In light of the national discussion regarding Confederate memorials and monuments, TCBA’s Board of Directors is soliciting input and opinions from its members regarding the monument in front of the Tarrant County Courthouse in memory of Confederate soldiers and their descendants who fought in the Spanish-American War, World War I, and World War II. More information about the monument is contained in the following article from the Fort Worth Star Telegram. http://www.star-telegram.com/opinion/editorials/article169465162.html.

The TCBA’s Board of Directors wants to know how TCBA members feel about the location of the monument. Please direct all comments to president@tarrantbar.org by November 22, 2017. Responses will not be shared outside of the TCBA’s Board of Directors.

Volunteers Needed for High School Mock Trial

Thousands of high school students from across the state participate each year in this highly motivating, energetic, and challenging academic competition! The program provides a great way for students to gain an “insider’s view” of our judicial system, plus, they gain confidence speaking in front of others and have a lot of fun at the same time.

The competition is open to all high school students – public, private and home school. Former participants say that the benefits of preparation and participation in the mock trial program are well worth the time and effort spent.

Through a grant from the Tarrant County Bar Foundation, the Eldon B. Mahon Inn of Court hosts the regional

high school mock trial for schools in Region 11 of the Texas Education Agency’s districts. On January 13, 2018, high school teams will compete at the mock trial competition at the Family Court Building.

Attorney volunteers are needed to serve as judges of the mock trial competition for semi-finals on January 13 and the final round on January 19. General volunteers are also needed to help work behind the scenes at the competition. g

Tarrant County Adoption Day

Friday, November 17, 2017

8:45 – Opening Ceremonies

9:00am – Adoptions begin

Tarrant County Family Law Center

4th Floor

Approximately 70 adoptions were completed at Tarrant County’s Family Law Center, adorned with cape-wearing characters and adoption decree wielding heroes, during the National Adoption Day event in November of 2016. We expect the same experience this year as families, volunteers, attorneys, judges, and other community partners come together for this joyous celebration. As children officially join their forever families, they will be greeted with a family bag with information on post adoption services, Super Hero coloring books, and other fun surprises. Throughout the event the family will receive gifts of books and bears, capes, necklaces donated by Kube’s, their first official family photograph, the pen used to sign the decree, gifts for the parents, and yellow roses for all the moms, generously donated by Bob Leonnard’s Law Office.

To find out more information about Tarrant County’s Adoption Day, please visit www.tarrantcountynad. com. You can register to volunteer, find out how to make a financial contribution and find information on other ways you can become involved in the event.

Please also remember that adoptions occur year round, so continue to donate your stuffed animals to the bar office. g

Lawyer Referral & Information Service News

The Lawyer Referral & Information Service would like to thank our LRIS attorneys who make it all possible with their referral fees:

Jason Amon

Andrea Casanova

Bill Catterton

Todd Durden

Christian Jenkins

Francis Nathan

Josh Norrell

Scott Phillips

Leigh Ann Schenk

Sarah Seltzer

As of October 20, LRIS has received a total of $23,118.30 in referral fees.

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

Q & A with Justice David F. Farris

Mr. Farris serves as Of Counsel with Lively & Associates. David enjoyed an active private practice in Tarrant County for over twenty years prior to his election to the Second Court of Appeals in Fort Worth. During his service on the Second Court of Appeals, he led the Court in the number of opinions written every year. After leaving the Second Court in 1994, he served as a visiting judge on several Trial Courts throughout North and Northeast Texas and on seven of the fourteen Texas Courts of Appeals. Since retiring from the judiciary, David has concentrated on his active Appellate practice.

Brittani Rollen: I’m Brittani Rollen, and I’m here today with Justice David Farris. We are here as part of the State Bar of Texas Oral History Program, interviewing the different retired and former justices of the various courts of appeals. And I’m honored today to be interviewing Justice Farris. Justice Farris: Well, good morning, Brittani.

BR: So where did you begin practicing law?

JF: Well, I worked with a law firm on the west side of Fort Worth called Dixon, Alley, & Petrovich. I was with them, oh, roughly two years. And then I moved downtown with a firm called Hausenfluke & Gandy. They did a large part of criminal practice, and so I did a good bit of criminal practice for a few years. And then made a couple of other changes that ultimately led to me being on the Court of Appeals.

BR: Right. And so you practiced from — what? 1965?

JF: Well, actually I started working after the first of the year in ’66 and worked in private practice up until, well, when was it? ’86. Until the spring of ’86. I had won the Democratic Primary. There was no Republican in the race. And Governor Mark White, who was a law school classmate of mine, went ahead and appointed me to the position that was going to be mine anyway. And I served from ’86 on.

BR: Okay. Any interesting stories about campaigning for the Court of Appeals?

JF: The first time I ran, I was defeated. I lost to Bill Burdock. I hadn’t run a very good race at all. When I decided to run a second time, well, the second time, Clyde Ashworth, who held the position that I later took, called me and said that I should get in the race. So the first person I called was Bill Burdock. And I said, “Bill, how did you whip me as badly as you did?” He told me he was disappointed in my campaign and that I needed to get out of Tarrant County and go to the other eleven counties, which I failed to do the

first time. So I took his advice and won.

BR: And so you served on the Fort Worth Court of Appeals from, I guess, June of 1986 to December 1994, if my notes are right?

JF: That’s right. I was one of the Democrats that was swept out of office in 1994.

BR: Right. And what are you most proud of about your time serving on the bench?

JF: I would have to say that I was able to help reduce the caseload. First of all, on the Fort Worth court. I led the court every year in the number of opinions written. I’m kind of vain about that, I guess. Sounds vain. And then when I served on the Dallas Court of Appeals, which I did for several years, their caseload was really a burden. And Barbara Rosenberg and I were both appointed almost full-time to that court. In fact, each of us had a staff attorney assigned to us. And we reduced their caseload, too. It was, if you filed your appellee’s brief today, then you got a letter saying come down in two weeks and argue it, and 30 days later you got an opinion.

BR: Wow.

JF: So those were heady days for the Dallas Court of Appeals.

BR: That’s impressive. Okay, well, there’s one topic that we need to cover. It’s a bit of a sensitive topic, and so I wanted to let you kind of take the lead on what you talked about — about the topic. It’s the 1992 courthouse shooting. You were actually on the bench at the Court of Appeals the day of the shooting.

JF: That’s right. The panel was John Hill and Clyde Ashworth as a visiting justice, and I was on it as well. The other two were both wounded, as you know. John took a bullet. [pauses] Clyde got shot twice, and a couple of young lawyers got murdered.

BR: Right.

JF: I don’t usually get this . . . . You know, it’s been that many years ago . . . but it is still something. Anyway, and just by the luck of the draw, where I was seated on the panel that day, I did not get shot.

BR: Wow.

JF: Go ahead.

BR: I was just going to ask you— as a result of that day, how did the courthouse procedures change?

JF: Well, it was interesting. We had no bailiff. I don’t know that any appellate court in the State of Texas had a bailiff. Certainly none that I’m aware of. And after that, we had a bailiff. The first bailiffs they assigned us had difficulty staying awake through oral argument. We all started wearing bulletproof vests on the Fort Worth court. And I started — I got a gun and started carrying heat to to the bench. And

Interview by: Brittani W. Rollen (McDonald Sanders Law Firm) Transcribed by: Shannon I. Morris

I did that later as a visiting trial judge.

BR: Right. And so the shooter, he had been — he was disgruntled because of a family law case of his. Is that what the back story was?

JF: Yes. You know, I was crouched behind the bench, listening to the gunfire, and I was thinking, “This is a family law case.” Of course, I was right. His name was George Lott. He was an attorney. He had gone to the University of Texas Law School. Had not done well in his law practice. Had lost his divorce representing himself. Had appealed it. We — in fact, I was sitting on the panel — sat on the panel that heard his oral argument. And then he came into — First went into the trial courtroom [from his family law case]. Justice Hicks — well, she was Judge Mary Ellen Hicks then. She later served on the Court of Appeals. Then [he] came up to the Court of Appeals. Killed Chris Marshall, who was head of the Appellate Section of Tarrant County Bar. Really nice lawyer. And a young lawyer named John Edwards. BR: And the two people that ended up being killed were random, right?

JF: That’s right.

BR: They had nothing to do with anything?

JF: They had nothing to do with his case. John Edwards was there to make his first oral argument. Chris was over there to hear a young member of his staff in the DA’s office make his first argument. His or her — I don’t even remember which lawyer it was. He was shot almost immediately. Edwards ran from the courtroom and drew Lott outside. Lott killed him and left the building.

BR: And then, later was arrested?

JF: Yeah. He was arrested and was convicted. Called me as a witness, actually. And I went to — I was subpoenaed to appear and had to fly up to Amarillo and testify. The prosecutors then — I was trying to think of their names — were Levy and Parish. They told me that he didn’t know very much evidence law, and that I could probably push him around a little bit when he asked me questions. And he did. He would ask “how” questions and “why” questions, so I didn’t have any difficulty testifying. . . .

BR: During the course of you serving — you served on your court and then rolled off. And then what other courts have you served on after that?

JF: Well, I served on the Second Court again within the first month [of leaving]. John Cayce, the incoming Chief Justice, let me know right away he was going to have me come back and visit, and he did. Alice Oliver-Parrott got me down to the Houston First Court when she was the Chief Justice there. I served there. I served quite a bit in Beaumont. Served one panel in Eastland. Served on the Texarkana Court in a case where all three of the justices there had recused. And then there was a case in El Paso before the El Paso Court of Appeals. The court had four justices then, but three of them took their pets to the same veterinarian, and he had a case on appeal. So they had to

bring in two visiting justices to make a panel to hear the argument in the case. So, that’s . . . I’ve served on 7 of the 14 courts as a visiting justice.

BR: And then, you’ve also been asked to serve on various trial court benches as well?

JF: I did. I did. I served on several for a while. I haven’t served at all now for over 13 years, but I did. And I seemed to draw the scary assignments. If it was somebody — the theory I was told was that I could duck faster than any other judge in North Texas. [laughter]

BR: They knew you were good at that.

BR: When you were practicing in private practice, I believe there was a big hangout for all of the attorneys. Where did everybody hang out together?

JF: Well, there was a hangout primarily for plaintiffs’ lawyers and also a few of the defense attorneys, civil defense attorneys, and a couple of criminal attorneys would come in. Mike Thomas, the criminal district judge, was one. But it was Angelo’s Barbecue. There would be a crowd in there every afternoon, Monday through Friday. And insurance adjusters would show up. Cases would be settled at Angelo’s. In fact, Angelo agreed to installation of a phone so that lawyers and adjusters could call the Industrial Accident Board and report that a worker’s compensation case had been settled and that the hearing could be cancelled and that if the Board would just send over someone with a compromise settlement agreement, we’d have the paperwork wrapped up as well.

BR: I love that. And then y’all also played on a softball league?

JF: Well, it wasn’t a league. Aetna Insurance had had a big presence in the casualty field back then, and we would see their Aetna adjusters down at Angelo’s quite often. They mentioned the fact that they had a co-educational softball team in their claims department. So we put together a team to play them, and our team, we even brought in a couple of ringers to kind of give us a little more power in the lineup. Didn’t work. They thrashed us. But both teams picked an umpire. We picked a fellow who was a regular at Angelo’s. We pointed out that he was in the insurance business, and the Aetna folks said, “Yeah, he’s a life insurance expert, not a casualty man! He’s testified for most of the lawyers on your team on life expectancy, and he’s blind!" We pointed out he was only blind in one eye.

BR: Exactly! It’s only one eye!

JF: And they got to pick out an umpire. And they said, “We have a young lawyer, just out of law school, who is now representing us.” And his name was David Keltner.

BR: [Laughing] And so, was that the first day you met David Keltner?

JF: That was it. At the game was my first time.

BR: That’s so funny. He was the young referee?

JF: That’s it. g

[Farris and Keltner later served on the Second Court together. The entire interview is available for viewing on YouTube.]

Other Associations’

News & Information . . . And now a Word From Our Sections

Arlington Bar Association

Meets on the 3rd Wednesday of each month. President, Ruth Lane. For location & information, email arlingtonbarassociation@yahoo. com or call 214.651.5622.

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 Albert Roberts by email at mr.albert.roberts@ 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 Traci Hutton at 817.442.9352 or traci@tracihutton.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 Brad Shaw at 817.237.1254 or bshawesq@sbcglobal.net.

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 Norma Bazán, 817.735.4000 or nbazan@nickfamilylaw.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 Lara Aman at 817.390.6040 or lara.fernandes@ustrust.com.

Tarrant County Trial Lawyers Association

Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact Mark Anderson at 817.294.1900.

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.

Solo & Small Firms Section Family Gathering at La Puertita at Joe. T. Garcia's

SATURDAY, NOVEMBER 11, 2017

5:00 PM - 8:00 PM

Women Attorneys Section Bar Passers Happy Hour

WEDNESDAY, NOVEMBER 8, 2017

5:30 PM - 7:30 PM

Kent & Co. Wines

1101 West Magnolia Ave Fort Worth, TX 76104

Brown Bag Seminar Series

TARRANT COUNTY BAR ASSOCIATION PRESENTS

MENTAL HEALTH ISSUES: WHAT TO LOOK FOR IN FRIENDS AND CLIENTS AND HOW TO HELP NOVEMBER 10, 2017

Join

Tarrant County Bar Association

Moderator: An Le Hsu, Martinez Hsu, P.C.

1 12:15 pm C Check In

1 12:30 pm How to Recognize Signs & Symptoms, and Treatment Options

Deborah Miller, LPC, LCDC, Case Manager, La Hacienda Treatment Center

Sarah McDonald, Business Development, La Hacienda Treatment Center

1:15 pm TLAP

Terry Gardner, Gardner & Smith PLLC

1:45pm Help Me Help You: Controlling Out-of-Control Clients Who Need Protection

Cynthia Gustafson, T.C. Criminal District Attorney’s Office

2:15 pm B Break

2 2:30 pm A Judge’s Viewpoint of Things that Affect an Attorney’s Mental Health Judge Mike Sinha, Former Judge of the 360th District Court

3:00 pm Common Malpractice Traps and Ways to Avoid Them

Robert Toby, Johnston, Toby Baruch

3 3:45 pm Adjourn

3 hours ofCLEcreditrequested,including,75ethics (Thisprogramwillbevideoedforshowingthroughouttheyear.)

----------------------------------------------------------------------------------------------------------Brown Bag Registration: November 10, 2017

$70 TCBA Member $95 non-TCBA Member

Brown Bag Season Pass Holder

$35 TCBA Member Staff

$12 for a boxed lunch

Add $5 if registering after November 7

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

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Wellness Corner "

Wellness. We all want it and we all need it, but, for many, it appears beyond reach. Oftentimes wellness is thought of as a virtuous yet vague endeavor when it is, in fact, a intentional, continuous, integrated, and multidimensional pursuit. Overall wellness consists of many aspects of the self: physical, emotional, nutritional, social, spiritual, intellectual, occupational, and financial. When one or more of these areas is out of balance, we experience stress. While, at times, stress can push us to excel, we are not designed to be in a constant state of stress as this can make us decidedly, unwell. When you look at your daily life through this multidimensional lens of wellness, how are you faring? You may find strength in some areas, while you are woefully limited in other areas. Good news, you are normal! If you can improve just a small amount in each area,

Wellness: What Does It Look Like For You

Friday, December 1, 2017

12 PM - 1 PM | TCBA Office FREE | .5 CLE

"

Members will walk away with individualized wellness plans to cover many aspects of their personal and professional life.

the cumulative effect will be evident in all areas of your life. In the coming months we will take a closer look at the lifelong process of wellness and I will offer concrete ideas and explanations to help you live a more balanced life. g

Kate Casey, LPC, JD, is a Licensed Professional Counselor in private practice in Southlake, TX. She enjoyed practicing Environmental Law before making a most satisfying career transition to Counseling where she helps clients explore, find meaning, and facilitate growth in the face of life’s challenges and opportunities. Kate’s areas of specialty are grief and loss, midlife career transitions, and pre-marital counseling.

The Tarrant County Bar Foundation

At Work

$1,250 Grant to CASA of Tarrant County

The donation covers costs of training supplies needed to train CASA volunteers on how to advocate for the Tarrant County community's abused and neglected children with the latest evidence-based interventions.

Over $1,000 Donation to Tarrant Area Food Bank

This donation was made possible by the efforts of the TCBA's Food Drive Committee and generous donors. This donation equates to 10,000 meals for Tarrant County residents.

$6,500 Grant to Eldon B. Mahon Inn of Court

The donation supports the Annual High School Mock Trial Competition. g

proven payment solution for lawyers.

Managing payments and growing revenue for over 45,000 law firms in the United States, LawPay is the only payment solution offered through the ABA Advantage program. Developed specifically for law firms, LawPay guarantees complete separation of earned and unearned fees, giving you the confidence and peace of mind that your credit card transactions are handled the right way.

Janna Crawford Clarke (1950 - 2017)

Janna

Crawford Clarke passed away on September 30 after a yearlong battle with cancer.

Janna graduated from Haltom High School and received her B.A. from the University of Texas at Arlington. She received her J.D. in 1984 from Texas Tech School of Law. Janna devoted her entire life to the law first as a police officer and paralegal and then as a lawyer. She opened the DFW International Airport as a member of its initial police force. She then worked undercover as a narcotics agent with the Beaumont Police Department before becoming a paralegal in Fort Worth. It was there that Janna decided to go to law school and it was during that time that she met her husband, Matt. They had a long distance relationship as Janna went to law school in Lubbock and then began private practice in Fort Worth until they married in 1988. Janna practiced with Broude, Smith, Jennings, McGlinchey & Fitzgerald and its predecessor firms for over 30 years. She cherished the relationships that she built within the firm as well as all within the legal community in Tarrant County.

Principally for her work chairing the State Bar of Texas' Local Bar Services Committee over many years, Janna received the prestigious 2017 State Bar of Texas President's Award.

Janna was survived by her husband, Matt; her parents, Joe and Betty Crawford, sister Sondi Mateja and her husband, Bill and their daughters, McCauley and Kirby; mother-in-law, Peggy Clarke; brother-in-law, Mark Clarke and his wife, Lisa and their children, Morgan, Robert and Mark; and brother-in-law Time Clarke and his wife, Lettie.

Janna became a bastion of the Tarrant County legal community. In 2005, she was elected president of the Tarrant County Bar Association after having chaired and led numerous Bar committees, sections and efforts, including the Tarrant County Women Attorneys Section. She was a Charter Fellow of the Tarrant County Bar Foundation and served as a director from 2011-16. She also served on the State Bar of Texas Board of Directors, the Texas Bar Foundation and in the House of Delegates for the American Bar Association.

“Janna had a portrait of Winston Churchill hanging over her desk. It actually was John Broude’s, but somehow it found its way into Janna’s possession, and she was insistent that it remain there. John might be able to provide some backstory, but the reality is we may never know exactly why that print was so important to her. I do suspect that Janna deemed Churchill an acceptable role model, or perhaps a kindred spirit and the similarities certainly were there. Among Churchill’s notable quotes: Personally I’m always ready to learn, although I do not always like being taught. (Yep, that was Janna in spades.) Short words are best, and the old words when short, are best of all. (While Janna could gild the lily when necessary, she always preferred the succinct approach, and the direct and personal one: why bother with a string of emails when a phone call would do?) If you’re going through hell, keep going. (Like Churchill, Janna believed that the courage to continue was what counted. She maintained her practice and lived her life, until the very end.) History will be kind to me, for I intend to write it. (Janna’s history was writ large. Her strengths and personality left an indelible mark on our firm culture, and on our hearts.) We are sure that many in the Tarrant County legal community feel the same way." Broude,

Smith, Jennings, McGlinchey & Fitzgerald, P.C.

“It was my privilege to work with Janna for 25 years in many capacities. During her presidency, we talked almost daily –sometimes just to check on each other. Over the years, we had many times of laughter and a few tears. She was always there when I needed a sounding board or just a friendly conversation. Janna was a beautiful, classy lady inside and out. She was a wonderful friend, mentor, and confidant and will be truly missed.”

sociation

Trisha Graham, Tarrant County Bar As-

Executive Director (Retired)

“Janna was the best. She was the “go to” person on so many fronts. On the local and state bar stage, if you needed a job done right, then you asked Janna for help. Those Janna mentored will need to step up at such a time as this.” Roland K. Johnson, Harris, Finley & Bogle, P.C.

"Janna was pure joy. She could light up a room with that smile! Janna was honorable, professional and dedicated. She was kind-hearted and treated everyone with respect and dignity. Janna and I met nearly 20 years ago on a case and became instant friends. I’m so grateful to have known her and thankful for the time she had with us. I’ll miss her forever." Lori Spearman, Attorney

“While there are so many qualities of Janna’s character we could commend, two I found memorable and often disarming were her class and grace. We all enjoyed the feisty Janna but recognized that she could get what she needed or wanted from another without resistance because of her intelligence, class and grace. When many organizations, including the Tarrant County Bar Association, wanted something done right, Janna was the go-to person. Janna maintained her class and grace in her darkest days. Even while fighting her cruel disease, she fought to care for those who loved her. She was reassuring, humble and grateful. Her sincerity radiated without words. She was irreplaceable and will be missed by all.” Justice Lee Gabriel, Second Court of Appeals g

Bill F. Bogle, a life-long resident of Fort Worth, passed away at home, Monday, Aug. 21, 2017, several days before his 83rd birthday. Memorials: In lieu of flowers the Bogle family requests that memorial contributions be made to Fort Worth Cook Children's Hospital, The Warm Place, or a charity of choice. Born on Sept. 1, 1934, in Fort Worth, Bill was the second son of Tom and Louise Bogle. He attended R. L. Paschal High School and upon graduation enrolled at Texas Christian University. At TCU he found his passion for the legal world and his love for Ann Youngdale. They married in 1956 and he graduated from UT Law School in 1958. He was Senior Law Class President and a member of both Order of the Coif and Phi Delta Phi. First working for Cantey Hanger, he later became the principal counsel for Champlin Petroleum Company. He would go on to form a partnership with venerated attorney Raymond Buck, District Judge John H. McBryde, and attorney John Green. In 1977, he co-founded Harris, Finley & Bogle, P.C.. Bill's life-long pursuit of justice and knowledge coupled with his high ethical standards earned him the coveted Tarrant County Bar Association Blackstone Award in 2008. Bill pursued diverse and eclectic hobbies in his spare time. He was fascinated by machinery and cherished literature. From player pianos and organs to poetry, photography to printing, cigars to bird dogs, Bill used his interests to bond with his family and friends handing down an appreciation for the outdoors, a love and understanding of conservation and admiration for human ingenuity. Bill was preceded in death by his parents and brother, Tommy. Survivors: Left to cherish his memory are his wife of 61 years, Ann Youngdale Bogle; sons, Bryan (Stacy), David (Claudia) and John (Leah); nine grandchildren, Greyson, Tucker, Wilder, Marlin, Paloma, Eli, Larissa (Austin), Jackson, and Luke; and many cousins, nephews, nieces, friends and his Brittany, Dollie. g

Bill F. Bogle (1939 - 2017)

David R. Childress (1953 - 2017)

avid Childress, 63, passed away on Sunday, October 1, 2017. David was an attorney with Whitaker Chalk Swindle & Schwartz PLLC and graduated from Baylor Law School in 1988. David was a Fellow of the Tarrant County Bar Foundation.

Dave was the oldest child and son of Doris Ann Bullock and Robert Dudley Childress – and big brother to Kathy (2 years junior) and Nancy (7 years his junior). Dave’s father made a career in the Air Force. Dave grew up in the South, and overseas as his father served in the USAF. Dave’s family ultimately made San Antonio their home where Dave and his two younger sisters graduated from MacArthur High School. Dave loved music which included playing trumpet in the marching band at MacArthur H.S. He was co-founder of a garage band – The Thirteenth Hour – which reportedly won first place in the battle of the bands in some unnamed competition that cannot be verified.

Dave graduated from Trinity University and began a career insurance and then as a pharmaceutical representative. These choices did not provide the challenge he wanted,

MemoriamIn

Dthe children and they would recite verses memorized on the way to school.

Whitaker & Chalk Law Firm

• Dave practiced at Whitaker Chalk in commercial litigation and intellectual property

• Dave never lost his love for editing which was developed at Baylor Law School. His children Kathryn (a practicing attorney in Dallas) and David, Jr., (a business consultant) confirmed that he did the same with them whenever they had to turn in papers in school. The infamous “red pencil.” He would frequently “over edit” every document that crossed his desk at the firm.

• Dave’s deep and wide interest in music might have been the most eclectic characteristic about him. From church

so he chose to go to law school and be a lawyer which was always his dream. He decided to attend Baylor Law School. Dave found his calling at law school and flourished thereserving on the Baylor Law Review graduating in 1988.

David practiced in Dallas for a few years, but saw the light and moved his practice to the Whitaker Chalk law firm in 1993 and finally moving his residence to Fort Worth in 1997.

While his children were still young, Dave instituted family devotions reading a Proverb or Psalm of the day to

hymns and leading congregational singing for over 20 years – to playing guitar at the Tarrant County Bar Association’s annual – Bench/Bar – he loved music: – singing, playing, listening. In the hospital and then hospice, his family played and sang songs with him – around his bed, holding his hands. Dave made friends wherever he went. The importance of his family, sense of community, importance of his relationship with Jesus Christ, importance of time, of place, and of the past – were compelling and reoccurring themes in his writings and words.

One of Dave’s quotes and themes of his life was from Winston Churchill – “Never, never, never, never give up.” He sowed that principle into his children which will serve them well for the rest of their days.

Sunday, October 1st found Dave with a body that was worn out and he was tired and weary from the struggle and he left this present world to enter the presence of the Lord. Psa. 115:3 says “Precious in the sight of the Lord is the death of His saints.” g

- Tom Brandon, Whitaker Chalk

Tarrant County Volunteer Attorney Services (“TVAS”)

A Primer to Guardianship and its Alternatives

Wednesday, November 29, 2017

12:30 p.m. to 5:15 p.m. Tarrant County Bar Association

1315 Calhoun Street, Fort Worth, 76102

(4.0 Hour CLE requested)

Will also count as Boot Camp for Tarrant County Probate Court No. 1; available for rental to TCBA members.

12:30 p.m. Check In

1:00 p.m. - 1:30 p.m. Guardianship Overview: A Review of Relevant Texas Estate Code Provisions

Beth Hampton, The Blum Firm, P.C.

1:30 p.m. - 3:00 p.m. The Role of the Ad Litem

The Honorable Steve King, Probate Court #1

3:00 p.m. - 3:15 p.m. Break

3:15 p.m. - 4:45 p.m. Evidentiary Standards in Guardianships, Less Restrictive Alternatives and Supports and Services

S. Brook Bell, Public Probate Administrator Probate Court #2

4:45 p.m. - 5:15 p.m. Guardianship Monitoring and the Ongoing Relationship with the Court Mary Caroe, Assistant Court Investigator, Probate Court #1

5:15 p.m. Adjourn

$40.00

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:

Wednesday, November 29, 2017 g 11:30 AM - 1:00 PM g Fort Worth Club

Keynote Speaker: The Honorable Chief Judge Carl E. Stewart

United States Court of Appeals for the Fifth Circuit

hief Judge Stewart received his B.A. degree (Magna Cum Laude) from Dillard University in 1971 and his J.D. from Loyola University School of Law in New Orleans in 1974. Immediately following admission to the Louisiana Bar Association in October 1974, he entered the United States Army and served as a Captain in the Judge Advocate General Corps until October 1977. Following his service as a military lawyer, he has served as a Staff Attorney with the Louisiana Attorney General's Office, Assistant United States Attorney, Special Assistant City and District Attorney, and private practitioner. In 1985, he was elected as a District Judge for the First Judicial District Court of Caddo Parish, Louisiana and was reelected with-

Cout opposition six years later. In 1991, again without opposition, he was elected to the Louisiana Second Circuit Court of Appeal. On May 9, 1994, he was appointed by President William J. Clinton to the United States Fifth Circuit Court of Appeals which encompasses Texas, Mississippi and Louisiana and is located in New Orleans. On October 1, 2012, Chief Judge Stewart became the first African-American Chief Judge on the Fifth Circuit. His chambers is located in Shreveport. Chief Judge Stewart serves on the Judicial Conference of the United States Executive Committee. He is a past chairman of the Advisory Committee on the Federal Rules of Appellate Procedure of the Judicial Conference of the United States. He is a charter member of the Harry V. Booth and Judge Henry A. Politz Chapter of American Inns of Court in Shreveport. He serves as President of the American Inns of Court Foundation. Chief Judge Stewart was elected as an Honorary Bencher of the Honourable Society of the Middle Temple in London, England. He is a member of the American, National, Federal, Louisiana and Shreveport Bar Associations, and the Federal Judges Association. g

For more information, please visit

www.tarrantbar.org/advocates-justice-luncheon.