Steve Laird
Steve Laird is one of the Top 100 Lawyers in Texas* There’s a Reason
It takes years to establish a good reputation Handling Personal Injury Wrongful Death & 18-Wheeler Cases *Texas Super Lawyers, Top 100 (2005-2013, 2015-2021) - Thomson Reuters
Honored to be inducted into the International Society of Barristers
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O ffi ces
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S t e v e n C . L a i r d, P. C . 817.531.3000
1119 PENNSYLVANIA AVENUE, FORT WORTH, TX 76104
www.texlawyers.com
PRESIDENT’S PAGE
A
s we move into the holiday season, our calendars are filled with year-end deadlines, holiday parties, shopping for the perfect gift, travel and the excitement of spending time with our families. However, this time of year can be very difficult for a lot of people. I ask you to please remember your fellow lawyers that may be struggling during this time of year and please reach out to them and make sure that they know you care. And remember, the Texas Lawyers Assistance Program of State Bar of Texas (www.tlaphelps.org) is available to provide confidential help and assistance to all Texas lawyers and law students. They can help with Wellness, Stress & Anxiety, Depression & Bipolar, Suicide Prevention, Substance Abuse and Cognitive Decline.
NEW EXECUTIVE DIRECTOR:
It has been a process! The search committee interviewed numerous potential candidates for the Executive Director position. After serving as Interim Executive Director, Kayla Dailey, applied for the position and the search committee unanimously agreed that she was the perfect fit. She has the passion, dedication, leadership and vision to take the TCBA to the next level. I wanted to share the news before the holiday but watch for the next Bar Bulletin where we will dedicate a section to tell you all about Kayla! On a personal note, I would like to thank Kayla and the TCBA staff for helping us
by Kimberly Naylor
through this transition. I would also like to thank the search committee consisting of Dee Kelly, Andy Sims, Neal Adams, Karen Denney, Lu Pham and Scott Lindsey who gave up so much of their time to review resumes, conduct interview, attend Zoom meetings and respond to my countless emails.
HOLIDAY PARTY:
The annual holiday party will be on December 7 at T&P Tavern. The theme is Holidays, so get ready to celebrate all the holidays we’ve missed during the pandemic. Hope to see you there!
BENCH BAR CONFERENCE 2022:
The Bench Bar Committee, headed up by Co-Chairs Cynthia Gustafson and Danielle Reagan, is hard at work to make the 2022 Bench Bar Conference the best yet! Mark your calendars for April 8–10, 2022.
HERE IS WHAT IS (AND HAS BEEN) GOING ON:
• The TCYLA and TCBA honored 2020 and 2021 Law Day Awards recipients at a luncheon earlier this month. It was wonderful to see so many honorees and distinguished guests coming together. • Magic Shred is back on December 1 in the TCBA parking lot. • Child Protection CLE is on December 3 at the Family Law Courthouse • Many other section and committee events!
I do hope you all have a very Happy Holiday and I am looking forward to a fabulous 2022! g
Texas Lawyers for Texas Veterans Tarrant County Chapter Looking for ways you can support TLTV but unable to volunteer? Consider sponsoring a remote or in-person clinic! Contact kayla@tarrantbar.org for more details. DECEMBER 2021
▪ TCBA BULLETIN 1
Tarrant County Bar Association 817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org 2021–2022 Officers
President...............................Kimberly Naylor President-Elect.........................Karen Denney Vice President....................................Lu Pham Secretary-Treasurer....................Scott Lindsey
Directors Term Ends 2022
Director.....................................John Lively, Jr. Director........................................Dana Manry Director........................................Lynn Winter
Term Ends 2023
Director...................................John Brookman Director..........................................Cheryl Leb Director..............................Marvina Robinson
2021–2022 Appointed Directors
Appointed Director....................Mary Barkley Appointed Director...........J. Michael McBride
Tarrant County Young Lawyers Association
Fall 2021 President...............Brian Singleterry Fall 2022 President...............Aulstin Gardiner Immediate Past President...........Gary Medlin Executive Director.......................Kayla Dailey Ex-Officio Members State Bar of Texas Director.................................Kimberly Naylor Director................................Jason C.N. Smith Bar Bulletin Graphics/Production.............Elizabeth Banda The Tarrant County Bar Bulletin is a bi-monthly publication of the Tarrant County Bar Association. Articles, photos, suggestions or comments should be directed to: elizabeth@tarrantbar.org 1315 Calhoun Street ▪ Fort Worth, TX 76102-6504 Deadline for submission: December 1........................................January/February February 1...................................................March/April April 1...............................................................May/June June 1.............................................................July/August August 1..........................................September/October October 1.....................................November/December
Articles published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant County Bar Association, its officers or the Board of Directors. Advertisements and feature articles should not be considered an endorsement of any service, product, program, seminar or event.
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Contents Features
9 Tarrant County Bar Association’s Holiday Party 12 Tarrant County Bar Foundation’s Advocates for Justice 24
Luncheon
TCBA/TCYLA’s Law Day Awards Luncheon
Departments 1 President’s Page 3 YLA Snapshot 4 100 Club 6 Lawyers on the Move & in the News 10 Judicial Profile - Judge Kenneth Newell 11 Other Associations’ News & Information 15 Texas Lawyers for Texas Veterans 18 CLE Corner 21 Membership Report 22 Snippets 26 Benefits of Membership 29 Tarrant County Volunteer Attorney Services 32 LegalLine 33 In Memoriam Welcome New Members of the TCBA ATTORNEYS Alan Abergel Joanna Baird Elizabeth Brooks Scott Colley Annie Counts Brianda Curry Alisha Darden Terrance Downs Reagan Ewing Grayson Ezzell Jess Gambrell
Gregory Guillot Erin Healey Stephen Jones Christopher Kinnear Madison Kuczynski Ruth Lane Kyle Markwardt Christy May Erin Milliken Nathan Moayyad Drake Pamilton Ian Perez-Routledge
Aron Phillips Bat Sheva Tabakman Alexandria Taylor Marcus Watson Anna Wollscheid Samantha Ybarra
PARALEGALS Linda Bull Caitlin Harris Anne Palmer Michelle Wilson
YLA Snapshot
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Brian Singleterry 2021–2022 TCYLA President
OVID suspended many of TCYLA’s traditional events, but this year, TCYLA hopes to reinstate our traditional events and offerings—with some pandemic-inspired extras. I write this just two months into the bar year, and TCYLA has already hosted a great fall-membership social, received a TYLA grant, and planned several other events. First, our traditional Fall Fete was a huge success. Elizabeth Haslam organized our first large, in-person gathering since COVID began. People were ready to see each other in person. Over 100 people attended the outdoor event, including the following members of our local judiciary: Judge Carr, Judge Cosby, Judge DeAngelis Griffith, Judge Eck, Judge Fahey, Judge Favila-Terry, Judge Gallagher, Judge Hagerman, Judge Kaitcer, Judge Pierson, Judge Ponder, Judge Poulos, Judge Rymell, Judge Swearingin, Justice Wallach, Judge Wells, and Judge Wilkinson. Thank you to our judges for supporting TCYLA. And thank you to our many sponsors! Fall Fete was great for our members, but TCYLA was also busy getting a Texas Young Lawyer’s Association grant
http://www.tcyla.org/
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to give back to our community. Our President-Elect, Aulstin Gardiner, conceived the idea of furnishing the children’s waiting rooms in the child-protection courts with books and toys. These items will bring comfort and joy to kids during a difficult time. Thanks to the TYLA grant, the children will be able to take the toys and books with them—providing them with a lasting positive association with the legal system. Thank you again to Aulstin for seeing this through. TCYLA also has several events in the works. In January, we will host local civil judges in a mentoring panel. We hope to include more judges in future panels. If you’re looking for more CLE hours, we have on demand CLE on businessvaluation methods, and our TCBA members’ page has several hours of recorded past CLEs available to watch on your own time. Thank you to Austin Franklin, Kelly Hart, and the TCBA staff for helping us provide members with online CLE! Also in the next few months, we will be hosting networking happy hours and community-service events. We hope to see you soon! g
Members can access free online CLE that is available on the TCYLA’s e-community.
If you are not a member of TCYLA, contact Lauren St. Clair at laurensc@tarrantbar.org to purchase the recording.
Tarrant County Young Lawyers Association Webinars:
Topic: Business Valuations: Reliable Principles and Methods Speaker: Richard Claywell, CPA CLE: 1 hour Topic: Proving Actual Innocence by Clear and Convincing Evidence Speaker: Mike Ware, Innocence Project of Texas CLE: 1 hour
Tarrant County Young Lawyers Association @TCYLA The Tarrant County Young Lawyers Association is an organization for attorneys 35 years of age or younger or attorneys who have practiced law for less than 10 years. To become a TCYLA member, please visit www.tarrantbar.org/TCYLA.
Topic: Water Law: Considerations for Water Midstream Agreements Speaker: Taylor Spalla, Kelly Hart & Hallman LLP CLE: 1 hour Topic: When Recovery Options Appear At A Dead End: Think Outside The Box and Consider A Vehicle Crashworthiness Case Speaker: Todd Tracy, The Tracy Law Firm CLE: 1 hour DECEMBER 2021
▪ TCBA BULLETIN 3
Members of the 2021–2022
100 Club
*List Reflected Below is as of November 15, 2021 Adams, Lynch & Loftin, P.C. Anderson & Cummings, LLP Baker Monroe, PLLC Barlow Garsek & Simon, LLP Blaies & Hightower, LLP Bonds Ellis Eppich Schafer Jones, LLP Bourland, Wall & Wenzel, P.C. Brackett & Ellis, P.C. Broude Smith Jennings & McGlinchey, P.C. Brown, Proctor & Howell, LLP Curnutt & Hafer, LLP Decker Jones, P.C. Dismuke & Waters, P.C. Forshey & Prostok, LLP Freeman Mills P.C. Friedman, Suder & Cooke, P.C. Griffith, Jay & Michel, LLP Harris, Finley & Bogle, P.C. Harrison Steck, P.C. Haynes and Boone, LLP Holland, Johns & Penny, LLP Jackson Walker, LLP K&L Gates LLP Kelly Hart & Hallman LLP Killen & Dennis, P.C. KoonsFuller, P.C. Linebarger Goggan Blair & Sampson, LLP
Lively & Associates, PLLC McDonald Sanders, P.C. Moses, Palmer & Howell, LLP Murphy Mahon Keffler & Farrier, LLP Naman Howell Smith & Lee, PLLC Nelson Bumgardner Albritton, P.C. Noteboom Law Firm Padfield & Stout, LLP Pham Harrison, LLP Phelps Dunbar, LLP Pope, Hardwicke, Christie, Schell, Kelly & Taplett, LLP Seltzer & Dally, PLLC Sharen Wilson, Criminal District Attorney's Office Taylor Olson Adkins Sralla & Elam, LLP The Blum Firm, P.C. The Colaneri Firm, P.C. The Second Court of Appeals Thompson & Knight, LLP Udeshi Law Firm, PLLC Underwood Law Firm, PLLC Varghese Summersett, PLLC Watson, Caraway, Midkiff & Luningham, LLP Whitaker Chalk Swindle & Schwartz, PLLC Whitley Penn, LLP Wick Phillips Winstead, P.C.
100 Club
To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more members and attains 100% TCBA membership compliance for the 2021–2022 bar year qualifies for the “100 Club.” The firms/organizations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year. 4 www.tarrantbar.org
▪ DECEMBER 2021
Any firm/organization that qualifies in the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law firms and other groups. The new bar year began on July 1; if you have not paid your renewal invoice, contact our Membership Director Lauren St. Clair at 817.338.4092 or email her at laurensc@tarrantbar.org. g
DECEMBER 2021
▪ TCBA BULLETIN 5
LAWYERS ON THE MOVE &
in the News
John Davis
Logan Dorsett
Ana Ibáñez
Bourland, Wall & Wenzel, P.C. would like to welcome our newest associate attorney Wyndham A. Hubbard. Mr. Hubbard graduated from Boston University School of Law and was admitted into the Massachusetts Bar in 2019 and the State Bar of Texas in 2020. His practice focuses primarily on business planning and transactions. Mr. Hubbard can be reached at 301 Commerce Street Suite 1500, Fort Worth, TX 76102, 817.877.1088. Bourland, Wall & Wenzel, P.C. would like to welcome our newest associate attorney Allison Skees. Ms. Skees graduated with honors from the University of Texas School of Law and was admitted into the State Bar of Texas in 2017. Her practice focuses primarily on fiduciary litigation and guardianships. Ms. Skees also has experience in general civil litigation. Ms. Skees can be reached at 301 Commerce Street Suite 1500, Fort Worth, TX 76102, 817.877.1088. Brackett & Ellis, P.C. is pleased to welcome associate attorneys, Pedro Zavala, Drake Pamilton, Kyle Markwardt, and Madison Kuczynski to the firm.
Merrill Jones
Madison Kuczynski
Kyle Markwardt
Griffith, Jay & Michel, LLP is proud to announce that attorney Evan M. McGuire has been promoted to Partner. Evan has been with the firm for 8 years and his areas of practice include: civil litigation, commercial & real estate transactions, and family law. Broude Smith Jennings & McGlinchey PC is excited to welcome their newest attorney Ana Ibáñez to the firm. Ms. Ibáñez received her Doctor of Law (JD) from the University of Texas School of Law and was admitted into the State Bar of Texas in 2021. She will be practicing in the areas of real estate & business transactions, estate planning and probate. She can be reached at 309 West 7th Street, Suite 1100, Fort Worth, Texas 76102, 817.335.1615. g If you are a TCBA member and would like to place an announcement in the Bar Bulletin, we would like to hear from you! Please submit information by email to elizabeth@tarrantbar.org.
Pedro Zavala received his Juris Doctorate from SMU Dedman School of Law and earned his B.A. from, University of Texas at Austin. Pedro’s practice focuses primarily on insurance defense, professional liability defense and commercial litigation. Drake Pamilton attended Texas Tech School of Law and earned his B.A. from Texas State University. Kyle Markwardt attended SMU Dedman School of Law and earned his B.A. from, University of Texas at Austin. Madison Kuczynski attended Texas A&M University School of Law and earned her B.A. from Texas A&M University.
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▪ DECEMBER 2021
Register at www.tarrantbar.org/magicshred21
Evan M. McGuire
Drake Pamilton
Heather Phillips
Harris, Finley & Bogle is proud to announce that Mac Smith, Merrill Jones, and Michael Reer have accepted the invitation to become shareholders in the firm. Mac works primarily in the firm’s Weatherford office handling a wide variety of civil and criminal matters. Merrill and Michael work primarily in the firm’s Fort Worth office, where Merrill focuses on energy lending and Michael focuses on energy and commercial
Michael Reer
Mac Smith
Pedro Zavala
litigation. The firm is also pleased to welcome John Davis and Logan Dorsett as associates in the Fort Worth oil and gas transactions practice group, as well as Heather Phillips in the Fort Worth litigation practice group. Please visit the firm’s web site (www.hfblaw.com) for more information about these talented attorneys or to learn more about the firm and its dedicated team of attorneys.
Welcome 1L Students Madison Abatti Genene Adams Adeline Adkinson Tristen Anding Sarah Angell Amador Armando Alexa Auger Faris Babineaux Rachel Baine Brian Ball Josue Barron Jose Becerra, Jr. Michael Bitgood Blake Bobo Milan Bolash Madeline Bostic Lauren Brownlee Katherine Burcham Allison Byrd Emily Campbell Hayden Campbell Alexis Cantu Chelsea Chapa Cheol Choi Nimmo Cole Andrea Cooper
William Corbin Meagan Corser Abigail Davis Scott Dawson Daniel Deckard Zachary Dickens Emma Dooher Harris Dubin Christopher Eggleston Dalton Eschberger Blakely Fahning Kacey Faver Zachary Fechter Shelby Ferriell Donald Fidler III Kelly Fitzgerald Hanita Flora Grayson Ford Stephanie Garner Reba George Victoria Glesbrecht Mariel Greene Allison Grubb Cathina Gunn-Rosas Adam Gurwitz Holly Harrison
Jessica Hernandez John Hinojosa, Jr. Derek Hudiburg Braxton Iden Samuel Jandrain Hunter Jones Samuel Jordan Tanya Lamartiniere Choteau Kammel Honest Kapic Alexander Kaufman Kathryn Keating Thomas Keating Kelsi Kilgore Jake Langford Nicholas Lanza III Wei-Han Lee Desiree Lewis Emily Loomis Cahill Maffei Lauren Mamrosh Sullivan Marsters Brandon Martin McKenna Martinez Taylor Matthews Makenzie Mays
Mary McCann Kelsey McKechnie Daniel McKenna Marina McNairy Charles McStravick Diana MercadoChampion Victoria Miller James Morin Steele Musgrove Abdallah Natsheh Ashtyn Oakley Brendan Pak Dhruv Patel Sharon Pickrell Graciela Ramirez Jackson Ratcliff Brittany Reed Rain Rehbein Collin Rhyne Lauren Rod Connor Roddy Caitlin Rodgers Mirna Rodriguez Sierra Ross Mark Roundtree DECEMBER 2021
Sarah Sewell Brittany Shipp Carson Smith Jacob Smith Jacob Spicer Liam Spiesman Andrea Solis Taylor Stilwell Brandon Sulzer Kristina Taylor Andrew Thetford Chanel Thomas Kaitlin Thomas Jordan Thorn Tiffany Tran Katherine Tyler Marco Venegas Eric Voss David Wagenmaker Jacob Wagner Andrew Waldeck Kaid Walters MacKenzie Watson Austin White
▪ TCBA BULLETIN 7
8 www.tarrantbar.org
▪ DECEMBER 2021
HOLIDAY COMMITTEE
H
By Kimberly Stoner, Chair
SAVE THE DATE FOR DECEMBER 7!
appy Holidays! It is approaching that time of year again and the Holiday Party planning committee has been working hard to achieve an in-person holiday party! The plan is to have the holiday party at T&P Tavern, so save December 7 on your calendars. The theme this year is “Holidays” to celebrate ALL the holidays we have missed during the pandemic.
So pick your favorite “holiday” outfit, whether you want to wear a 4th of July tank top, Mardi Gras beads, a witches hat, or come dressed as a leprechaun. We don’t care, we just want to see your faces! Don’t forget to bring a donation. We will be collecting new toys for Toys for Tots. So come on to T&P Tavern with your unwrapped new toy; we will be waiting for you. g
DECEMBER 2021
▪ TCBA BULLETIN 9
JUDICIAL PROFILE
By Perry Cockerell, Perry Cockerell, P.C.
Judge Kenneth Newell, 233rd District Court
G
rowing up in Hazlehurst, Mississippi, Judge Kenneth Newell never imagined having a second career as a district judge in Tarrant County, Texas. The retired Army Soldier began a new career when he chose to take up law and establish a law practice that led him to pursuing the 233rd District Court when the seat opened in 2018. The judge should know something about family dynamics, seeing he grew up as the 15th child out of 16 children born to his mother and father. He appreciates the example of seeing his parents stay the course to raise all 16 of their children and often draws on those life lessons learned. After graduating from high school in 1985, Newell joined the Army and trained as a Transportation and Logistics specialist at Fort Dix, New Jersey. In 1991, Newell served in Saudi Arabia with the 299th Engineering Battalion during Operation Desert Shield, and after the air offensive in Iraq which began on January 16, 1991, Newell continued to serve during Operation Desert Storm. His battalion left Iraq in April 1991 and he returned to Fort Sill, Oklahoma, then on to Mannheim, Germany, to Peoria, Illinois, and back to Fort Sill where he again deployed to an uninhabitable area south of Baghdad where he served during Operation Iraqi Freedom from January through July 2003. Newell retired in 2005 from the U.S. Army, accumulating numerous awards and citations, including the Bronze Star Medal and being admitted as a member of the Sergeant Audie Murphy Club. During active duty, he earned a bachelor’s degree in Management & Ethics from Mid-American Christian University and a Master of Business Administration Degree from Cameron University. After the Army, he took positions with the Department of Defense, the FAA, Army Corps of Engineers, and the USDA. In August 2008, he enrolled in Texas Wesleyan University School of Law and graduated in May 2011. After graduation, he established his legal practice in the Lake Worth area, engaging in a general civil, criminal, family, and probate areas of the law. He served as an adjunct professor with Columbia College at NIS Fort Worth JRB teaching business, criminal law and criminal procedure. In 2018, he heard of the opening for the 233rd District Family Court. The court interested him. “I had no plans of 10 www.tarrantbar.org DECEMBER 2021
▪
pursing this course, but when he [Judge Bill Harris] said he was retiring, something sparked in me to say, “Hey, I wonder who will take that bench.” And as I kept thinking about it, I felt like it was something I would be interested in pursuing. So, I set out to talk to various judicial mentors whom I respected, and through their encouragement I threw my hat into the ring,” he recalled. Newell faced a challenger in the Republican primary where he prevailed and went on to win in the general election unopposed.
Life in the 233rd District Court
“In the 233rd, our litigants are dealing with emotional issues. We are working with families and trying to get the families to a place of healing the wounds of that family,” the Judge said comparing life in his court to other kinds of courts. During the pandemic in 2020, Judge Newell held hearings by Zoom, but by June 2021, the court became fully open and operational, doing business as normal. “On a daily basis we have a walk-in docket for small prove-ups, name changes, adoptions, temporary restraining orders, attorney withdrawals and simple motions as needed. From there we proceed into the docketed bench trials or other coordinated actions. In July 2021, he conducted his first jury trials since the start of COVID that were tried without incident. In discussing the state of his current docket, Newell said, “We are scheduling final trials out into May [2022] right now, depending on the amount of time needed for the final trial.” For rules particular to the 233rd, the Judge relies on the Tarrant County local rules for family courts, as well as requires parties, not just attorneys, to attend pretrial conferences as he sees this as more than an administrative matter. For effective administration of court time, Judge Newell requires mediations to be scheduled 60 days before final trial. The Judge’s goal is to conduct the business of the Court as efficiently as possible without compromising the health of attorneys and litigants and prevent unnecessary exposure to COVID or any other hazardous conditions. “We try to use the technology that was developed during the pandemic to aid as necessary, but not as a primary means of conducting the business of the Court.” Judge Newell understands that family law matters have a shelf life that if not tended to within a reasonable amount of time will hurt the most vulnerable of us all, the children. Judge Newell’s advice to new attorneys is to “find a mentor to help in law practice development and, at the very least, to give directions to the courthouse and how to represent
themselves and their clients.” Things appear a bit different for the experienced attorney these days as well. He noted that everyone seemed to have become comfortable with Zoom and practicing through a camera. “They’ve forgotten a lot of court etiquette, so it is just a matter of remembering what it is like to get out of their pajamas after being used to being business on the top and comfortable on the bottom.” Judge Newell is married to Sandra Newell. They have two children. g
Other Associations’ News & Information Arlington Bar Association
Meets on the 3rd Wednesday of each month. President, Duncan Price. For location & information, email duncan@manesslaw.net.
Black Women Lawyers Association
For meetings and information, contact Marvina N. Robinson, President, at 817.884.1623 or mnrobinson@tarrantcountytx.gov.
Fort Worth Paralegal Association
General Membership Meetings are held at noon every 4th Thursday of the month at Joe T. Garcia’s, 2201 N. Commerce. FWPA Board of Directors meets at noon every 1st Tuesday of the month at the Bar Center. For more information, go to www.fwpa.org.
L. Clifford Davis Legal Association
(f/k/a/ Tarrant County Black Bar Association) holds its meetings on the 3rd Tuesday of each month at 6:00 p.m. For more information, contact President Angel Williams at 817.884.1830.
Northeast Tarrant County Bar Association (NETCBA)
Meets for CLE luncheons on the 3rd Tuesday of each month at La Hacienda Restaurant, Hwy. 121. Contact Cynthia Williams at 817.318.0523 or cynthia@cynthiawilliamslaw.com.
Tarrant County Criminal Defense Lawyers Association (TCCDLA)
Meets every 2nd Thursday at Joe T. Garcia’s, 2201 N. Commerce. For more information, contact President Gary D. Smart at 817.419.0023.
Tarrant County Family Law Bar Association
Meets at noon on the 4th Tuesday of each month, with location to be announced. For more information, contact president Dana Manry of KoonsFuller, P.C. at 817.481.2710 or dana@koonsfuller.com.
Tarrant County Probate Bar Association
Meets on the 1st Thursday of each month at the Petroleum Clubmembers free, guests $30. For more information, contact Beth Hampton at 817.334.0066 or bhampton@theblumfirm.com.
Tarrant County Trial Lawyers Association
Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact Rieker Carsey at 817.294.1900.
Tarrant County Young Lawyers Association
The 2021–2022 TCYLA year began September 1, 2021. If you need an application or meeting information, call 817.338.4092, email laurensc@tarrantbar.org, or go to the website at tcyla.org.
Texas Association of Defense Counsel
This civil defense organization offers local lunches and happy hours, as well as CLEs geared toward the defense practice. Contact Brittani Rollen of McDonald Sanders at 817.336.8651 or visit www.tadc.org.
DECEMBER 2021
▪ TCBA BULLETIN 11
The Advocates for Justice Luncheon highlights the impact of the Bar Foundation’s work in Tarrant County and celebrates the Bar Foundation’s Fellows, pro bono programs, and volunteers.
THANK YOU TO OUR SPONSORS
CHAMPIONS OF JUSTICE Dee J. Kelly
ADVOCATES FOR JUSTICE Bourland, Wall & Wenzel, P.C. Brackett & Ellis, P.C. Haynes and Boone, LLP McDonald Sanders, P.C. Sharen Wilson, Criminal District Attorney’s Office
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▪ DECEMBER 2021
Thank You
to Major General Patrick Brady for his keynote presentation “Unlimited Courage.”
The Tarrant County Bar Foundation’s Justice For All Campaign raised over $85,000 for its programs!
THANK YOU TO OUR SUPPORTERS Ms. Laurie Ackermann Mr. Kendall Adair Ms. Heidi Angel Mr. Michael Anderson Mr. Chad Arnette Mr. Joseph Austin Mr. Lars Berg Mr. Jacob Birnbaum Mr. Mark Bishop Mr. Edward Boschini Ms. Natalie Carlgren Ms. Patricia Cole Mr. Hugh Connor Mr. David Cook Judge Donald Cosby Ms. Elizabeth Cuneo Ms. Lindsay Daniel Mr. Mark Daniel Ms. Karen Denney Mr. Michael Fitzpatrick Mr. Royal Furgeson Mr. Toby Galloway Ms. Gabriella Garcia Mr. David Garza Mr. Joe Greenhill Mr. Alan Hegi Mr. Brandon Hill Mr. Christopher Howe Ms. Caitlin Hubbard Mr. Frank Jelinek DECEMBER 2021
Mr. Dee J. Kelly Justice Elizabeth Kerr Mr. Chad Key Mr. Meredith Knudsen Mr. Daniel Lowry Mr. Michael McConnell Mr. Phillip McCrury Ms. Kylee Mease Mr. Michael Moan Mr. Preston Mundt Mr. Troy Okruhlik Mr. Ronald Parent Mr. Don Plattsmier Mr. Andrew Ramsey Mr. Joseph Regan Ms. Tori Rhodes Mr. John Rogers Ms. Jennifer Rosell Mr. Bart Rue Mr. Andy Sims Mr. Mason Smith Mr. Todd Spake Mr. Philip Vickers Mr. William Warren Mr. Paul Westbrook Ms. Barbara Williams District Attorney Sharen Wilson Ms. Shauna Wright
▪ TCBA BULLETIN 13
TCBA Sections
Appellate Law Section Business Litigation Section Corporate Counsel Section Criminal Law Section Environmental Law Section Fort Worth Business & Estate Labor and Employment Law Section Real Estate Section
Law Firms
Baker Monroe, PLLC Brackett & Ellis, P.C. Harris, Finley & Bogle, P.C. Haynes and Boone, LLP Kelly Hart & Hallman LLP Wick Phillips Gould & Martin, LLP
Organizations
TCBA Past Presidents Mr. Bruce Ashworth Mr. John Cayce Mr. Mark Daniel Ms. Ann Diamond Mr. Roland Johnson Mr. Stephen Maxwell Mr. Kleber Miller Mr. Wade McMullen Judge Melody Wilkinson
TCBA Past Chairs
Ms. Mattie Peterson Compton Dean Arturo Errisuriz Mr. Roland Johnson Mr. Sam Rosen Mr. J. David Tracy Mr. Thomas Williams
Amon Carter Foundation The Lisa & Burch Waldron Charitable Fund via the North Texas Community Foundation
“Support, promote, and encourage activities for the furtherance of justice and legal education.”
- Foundation’s Mission Statement
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▪ DECEMBER 2021
Texas Lawyers for Texas Veterans
Tarrant County Chapter
I
Why
with Texas Lawyers for Texas Veterans?
n 2021, TLTV has helped veterans and their families with countless legal issues. TLTV is a program powered by volunteers. Volunteer attorneys have the chance to give legal advice and take on a case either in their normal practice areas or in areas they would like more experience in. Veterans who received help described the attorneys as “kind and courteous,” someone who was “knowledgeable and listened attentively,” and described the experience as an “opportunity to speak with a lawyer... and get honest and useful answers.” Attorneys can get involved by offering legal advice, taking on a pro bono case, or drafting a will through the Heroes Wills Clinic on November 16. Attorneys who have volunteered recently commented on why they stay involved with TLTV:
ATTORNEYS OFFERING LEGAL ADVICE THROUGH REMOTE CLINIC* Ola Campbell John Corbin Jonathan Fox Deborah Krane
Jason Smith Spencer Mainka George Muckleroy Brandon Weaver George White Hannah Recker Melissa Sircar *as of October 24, 2021
“I volunteer because I am a veteran myself. Some of these veterans have issues that need to be dealt with. Not all of the issues would be economically feasible for some of them to prosecute or defend because they have limited resources.” —Robert Blankenship, Jim Ross Law Group, P.C. “I volunteer to help people who served our country! Getting the opportunity to help others and learn new areas of the law.” —Jonathan Fox, The Law Office of Jonathan W. Fox, PLLC “I’m a volunteer with TLTV to honor the service our veterans provide to our country.” —Melissa Sircar, Sircar Law Office, PLLC
October Remote Clinic Volunteers Check out the attorneys who have recently accepted a pro bono case for full representation!
CASE ACCEPTING ATTORNEYS
Wade Barrow
November Remote Clinic Volunteers
Barrow Law PLLC
George Muckleroy
Sheats & Muckleroy, LLP
DECEMBER 2021
▪ TCBA BULLETIN 15
SWEARING-IN CEREMONY
By John Cayce, Kelly Hart & Hallman LLP
The Lawyer’s Calling to be a “Champion of Justice” The following remarks were delivered by Hon. John H. Cayce of Kelly Hart & Hallman LLP at the Second Court of Appeals’ Induction Ceremony for New Members of the State Bar of Texas on October 25, 2021:
I
am deeply grateful to have the honor of being among the first members of the Texas bar to congratulate and welcome each of you to the legal profession. We all know the tremendous sacrifice and hard work it took for you to be here, and you and your families should be proud of all of the accomplishments that brought you to this day—a day that I trust you will remember the rest of your career. To mark this special occasion, I want to share a few words with you about our calling as lawyers to be “champions of justice.” The Preamble to the Texas Disciplinary Rules of Professional Conduct states: “Lawyers, as guardians of the law, play a vital role in the preservation of our society.” This is a heavy responsibility. There are several dictionary definitions of “guardian,” but my favorite is “champion.” And because the object of the law is to do justice, to be a guardian of the law is to be a “champion of justice.” So what does it mean for you to be a good “champion of justice”? First of all, it means if you see justice not being served or achieved, you don’t just sit on your hands and do nothing— you try to do something about it. When the public sees the justice system fail, the public’s confidence in the law declines. Champions of justice recognize this, and seek to restore public confidence in the justice system by doing what they can to propose changes in the law or the rules of practice. You each now have the skills, training and the ability to make a difference in this area like no one else can. Being involved in Tarrant County Bar Association activities is one way you can engage in projects designed to promote positive changes to the law and practice of law. A champion of justice also strives to make the law work in the real world. Justice Stephen Breyer of the United States Supreme Court once said, “the law should provide real answers, to help real people, with real problems.” As a lawyer, you will often be called upon to do more than give advice couched in narrow legal terms. That kind of advice is of little to no value when important practical considerations come into play, such as the cost of litigation or the toll a certain legal solution may have on other aspects of a client’s life. The commentary to Rule 2.01 of the Rules of Professional Conduct states: “It is proper for a lawyer to refer to relevant moral and ethical considerations in giving advice.” Champions of justice don’t 16 www.tarrantbar.org DECEMBER 2021
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give simple “yes” or “no” legal answers to complex, real life problems—they look at the big picture and provide practical advice to clients based on common sense, high moral and ethical standards, and good judgment. Champions of justice know that it is essential to be civil and ethical in dealing with clients, in the courtroom, with other lawyers, and with the general public. This is something for which the Tarrant County Bar and Bench is known throughout the State of Texas. We are proud of that reputation and we expect you to live up to those standards. Champions of justice fight for access to the legal system. We all know there are many people in our society who desperately need legal services, but can’t afford it. Good champions of justice not only do their fair share of pro bono work, but they support bar activities and charitable organizations that fund important pro bono and community projects. Active involvement in the TCBA’s Pro Bono Programs led by Kayla Dailey and the Tarrant County Bar Foundation are just two ways you can use your skills, knowledge, and resources to help the poor and underprivileged, as well as our veterans. Finally—and this sums it all up—good champions of justice always fall back on the basic truth that the law is a noble calling—it is not a trade or a business—it’s not about fees— it’s not about winning or telling a client what they want to hear. It is about making sure justice is done and helping clients find real solutions to real problems with the goal of seeing justice served today and into the next generation. So you have a clear choice as a newly licensed attorney. You can be the kind of lawyer who fights to ensure that everyone who needs it has access to our courts—who is professional and civil at all times—who looks for real solutions for their clients, not just gives technical legal advice—and who advocates changes to the law and practice of law, when needed, that will enhance justice for all. Or, you can become that infamous lawyer stereotype that has made our profession the butt of so many jokes, which has, in turn, unfortunately done much to erode the public’s confidence in our justice system. I know the choice that I and other lawyers and judges in this courtroom made when we entered this noble profession. Today, I challenge each of you to join us. I’m confident that you will. Again, congratulations to all of you and welcome to the Texas Bar! g
DECEMBER 2021
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CLE CORNER
Is it Your Birthday Month? Free CLE On Demand is Available! Section Webinars:
Energy Law Section
Appellate Law Section
Topic: Going Sideways: Vertical-Well Rules in a HorizontalWell World Speaker: William Keffer, Director of Energy Law Programs at Texas Tech University School of Law CLE: 1 hour (FREE for TCBA Members)
Section members can access free online CLE that is available on the section’s e-community. If you are not a member of a section and want to access a particular recorded CLE, visit www.tarrantbar.org/cleondemand or contact Lauren St. Clair at laurensc@tarrantbar.org to purchase the recording. Topic: Brain Break with the Sixth Court of Appeals (Texarkana) Moderator: Jeanette Strange, Fifth Court of Appeals - Dallas Judicial Panel: • Chief Justice Josh R. Morriss, III • Justice Scott E. Stevens • Justice Ralph K. Burgess CLE: .5 hour of Ethics (FREE for TCBA Members) Topic: Brain Break with the Eleventh Court of Appeals (Eastland) Moderator: Jeanette Strange, Fifth Court of Appeals - Dallas Judicial Panel: • Chief Justice John M. Bailey • Justice W. Stacy Trotter • Justice Bruce Williams CLE: .5 hour of Ethics (FREE for TCBA Members) Topic: Brain Break with the Seventh Court of Appeals (Amarillo) Moderator: Jody Sanders, Kelly Hart Judicial Panel: • Chief Justice Brian Quinn • Justice Patrick A. Pirtle • Justice Lawrence M. Doss CLE: .5 hour of Ethics (FREE for TCBA Members)
Business Litigation Section
Topic: Discovery Strategies in a Virtual World Speaker: Cole Riddell, Haltom & Doan CLE: 1 hour (FREE for TCBA Members)
Construction Law Section
Topic: The 2021 Amendments to the Texas Mechanics’ Lien Laws: What They Mean For You Speaker: Greg Harwell, Slates Harwell, LLP CLE: 1 hour (FREE for TCBA Members)
Criminal Law/Labor and Employment Sections
Topic: Cybersecurity: Emerging Threats and the Legal Landscape Speaker: Kathryn Childress, BakerHostetler CLE: 0.75 (FREE for TCBA Members) 18 www.tarrantbar.org DECEMBER 2021
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Topic: $75.00 WTI and $6.00 Henry Hub: Maintain Capital Discipline or Game On?! Speaker: Greg Scheig, CFA CPA, Vantage Point Advisors CLE: 1 hour (FREE for TCBA Members)
Environmental Law Section
Topic: Liquid Business: Is Water Becoming the New Oil? Speaker: Professor Vanessa Casado-Pérez, Texas A&M University School of Law CLE: 1 hour (FREE for TCBA Members) Topic: Updates to TCEQ’S Waste Program & Lead/Copper Rules Speakers: Jonathan M Skaggs, PG, Senior Geologist, GSI Environmental Inc.; Lila Beckley, PG Senior Geologist, GSI Environmental Inc.; Philip Goodrum, PhD, DABT, Principal Toxicologist, GSU Environmental Inc. CLE: 1 hour (FREE for TCBA Members)
Fort Worth Business & Estate Section
Topic: Economic Update Speaker: Joe Tracy, VP, Dallas Federal Reserve Bank CLE: 1 hour (FREE for Section Members, $30 for Non-Members) Topic: Hot Topics in Estate Planning Speakers: Steve Akers, Bessemer Trust; Mike Bourland, Bourland Wall & Wenzel; Keri Brown, Baker Botts, LLP; Lee Schwemer, Former Supervisory Attorney (Estate Tax), IRS; Current Lecturer - UTA CLE: 1 hour (FREE for Section Members, $30 for Non-Members)
Labor & Employment Law Section
Topic: Developments in Texas Employment Law Speaker: Professor Richard Carlson, South Texas College of Law CLE: 1 hour (FREE for TCBA Members)
Real Estate Section
Topic: Changes to Chapter 53 of the Texas Property Code Governing Mechanic’s and Materialman’s Liens (M&M Liens) Speaker: Erin E. Eckert, Eckert Law CLE: 1 hour (FREE for TCBA Members) Topic: Real Estate Section Legislative Update Speaker: Mary Barkley, Cantey Hanger LLP CLE: 1 hour (FREE for TCBA Members)
Missed a recent Brown Bag or Appointment Wheel CLE?
Check out the recordings below and watch at your convenience. Visit www.tarrantbar.org/cleondemand or contact Lauren St. Clair at laurensc@tarrantbar.org to purchase the recording.
Brown Bag Seminar (Webinar)
Topic: Developing Areas in the Law CLE: 3.5 hours Presentations include: Moderator: Derek Carson, Cantey Hanger LLP • Cannabis Law Updates in Business/Regulatory Context Speaker: Lisa Pittman, Zuber Lawler LLP, Austin Texas Department of Agriculture Industrial Hemp Advisory Council • Trends Created by COVID Judicial Panel: Judge Brooke Allen, Probate Court No. 2; Judge Megan Fahey, 348th District Court; Judge George Gallagher, 396th District Court; Judge Carey Walker, County Criminal Court 2 • New NCAA Name and Likeness Rules Speaker: Lee Tyner, General Counsel, Texas Christian University • New Texas Law on Workplace Sexual Harassment Speaker: Punam Kaji, Senior Legal Counsel, Labor & Employment, Fidelity Investments • Cannabis Law Updates in Criminal and Family Law Contexts Speaker: Mike Schneider, Schneider Law Firm, P.C.
Brown Bag Seminar (Webinar)
Topic: Ethics CLE: 3 hours of Ethics Presentations include: Moderator: Albert Roberts, Albert Roberts Law, PLLC • Overview of New Advertising Rules Speaker: Judge Aurora Martinez Jones, 126th Judicial District, Vice Chair of the State Bar’s Advertising Review Committee • Recovering Attorneys’ Fees Speaker: Chris Brown, Cantey Hanger LLP • Civility in the Practice of Law Panel: Benson Varghese, Varghese Summersett PLLC; Tiffany Burks, Former Assistant Tarrant County Criminal District Attorney, Deputy Chief of the Criminal Division; Wade Barrow, Barrow Law PLLC; Coby Smith, Brackett & Ellis, P.C. • Ethics Issues Facing In-House Lawyers Speaker: Andrea Palmer, Vice President, Legal & Compliance, Higginbotham
Appointment Wheel CLE (Webinar)
Topic: Juvenile Law CLE: 4.25 hours Presentations include: Moderator: Angel Williams, Assistant City District Attorney, Tarrant County Criminal District Attorney’s Office • Legislative Update: Juvenile Law Speaker: Presiding Judge Alex Kim, 323rd District Court • Juvenile Intake Speaker: Kevin Boneberg, Juvenile Court Chief, Tarrant County Criminal District Attorney’s Office • Review of JPD Institutional and Education Division Speakers: Jesus Reyes, Deputy Assistant Director of Institutional & Educational Services, Tarrant County JPD; Ken Harris, Senior Casework Supervisor at JJAEP, Tarrant County JPD • Case Law Update Speaker: Associate Judge Andy Porter, 323rd District Court • Preparing a Defendant Who Testifies Speaker: Lesa Pamplin, The Law Office of Lesa Pamplin, P.C. • Juvenile Dispositions and Appeals Speaker: Frank Adler, Law Office of Frank Adler • Trying a Capital Case Speaker: Tiffany Burks, Former Deputy Chief of Criminal Division, Tarrant County Criminal District Attorney’s Office • Billing for Court Appointed Cases Speaker: Associate Judge Cynthia Terry, 323rd District Court
Upcoming CLE
Register at www.tarrantbar.org
December 2, 2021 | 12:00 p.m. – 1:00 p.m. Business Litigation Section Luncheon
Topic: Racketeer Influenced & Corrupt Organizations Act Location: City Club of Fort Worth 301 Commerce Street, Fort Worth, TX 76102 Speaker: Randy Gordon, Duane Morris LLP CLE: 1 hour ($30 TCBA Member Registration)
December 3, 2021 | 12:00 p.m. – 4:15 p.m. Child Welfare CLE Seminar
Location: Tarrant County Family Law Center, Second Floor Assembly Room 200 E. Weatherford Street, Fort Worth, TX 76196 CLE: 4 hours (More info: www.tarrantbar.org/childwelfare)
December 9, 2021 | 12:00 p.m. – 1:00 p.m. Appellate Law Section Webinar
Topic: Texas Bar Appellate Section Update and Appellate Redistricting Recap Speaker: Dylan Drummond, Chair of the Appellate Section of the State Bar of Texas CLE: 1 hour (FREE for TCBA Members, $5 for Non-Members) DECEMBER 2021
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MEMBERSHIP REPORT
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See You at the
By Lauren St. Clair, Membership Director
N e xt
he TCBA has been busy over the last few months and our lineup of Fall and Winter events is in full swing! The TCBA hosted a Swearing-In Ceremony on October 25 in which newly licensed attorneys as well as their friends and families were encouraged to attend. The ceremony was held at the Second Court of Appeals and was a great success. The Membership Committee also hosted its first Membership Happy Hour on November 4 at Maple Branch Brewery & Biergarten and it was great to see new and familiar faces among the many members in attendance. I’d like to extend a special note of
Membership Event! thanks to Falcon Document Solutions for sponsoring the Membership Happy Hour event. The committee plans to host future membership events and programs, so be on the lookout for upcoming TCBA events in our weekly Monday emails and the TCBA website. The TCBA will also host a Magic Shred event on December 1. You can RSVP for this event on the TCBA website at www.tarrantbar.org/magicshred21. Please help us welcome our new law students on page 7 and members to the TCBA community and we hope to see you at our upcoming events! g
Thank You to
for sponsoring this event.
DECEMBER 2021
▪ TCBA BULLETIN 21
Snippets
Co-Editor Judge Carey Walker, County Criminal Court No. 2
Civil and Criminal
by Judge Bob McCoy
g
County Criminal Court No. 3
ASK JUDGE BOB, MOSES, AND NOAH
Judge Bob, Moses, and Noah, now that the legislature has adjourned from its regular session, are there any laws involving animals that are noteworthy? Yes, for example HB 1071 amends the Government Code to allow specially trained dogs to escort vulnerable witnesses during court proceedings, such as minor children recounting traumatic experiences.
MOSES’ AND NOAH’S MONTHLY PARAPROSDAKIAN Moses
(a figure of speech in which the latter part of a sentence or phrase is surprising or unexpected; frequently humorous) Get your facts first, then you can distort them as you please.
DANES’ QUOTE OF THE MONTH Noah
I can train any dog in five minutes. It’s training the owner that takes longer. —Barbara Woodhouse
CRIMINAL ITEMS OF INTEREST 1. Horizontal Gaze Nystagmus
To render horizontal gaze nystagmus (HGN) test results admissible, proponent of evidence must show that the official administering HGN test followed the standardized procedures specified in the National Highway Traffic Safety Administration (NHTSA) manual without more than a slight deviation. State v. Cabral-Tapia, 572 S.W.3d 751 (Tex.App.—Amarillo 2019).
2. Probable Cause
“Probable cause” for a warrantless arrest exists if, at the moment the arrest is made, the facts and circumstances within the arresting officer’s knowledge and of which the officer has reasonable trustworthy information suffice to warrant a prudent person in believing that the person arrested had committed or was committing an offense. A finding of probable cause requires more than bare suspicion but less than necessary to justify a conviction. Scott v. State, 572 S.W.3d 755 (Tex.App.—Houston [14th Dist.] 2019). 22 www.tarrantbar.org DECEMBER 2021
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3. Batson v. Kentucky
A three-step process is used to analyze Batson claims: (1) the opponent of the peremptory challenge must present a prima facie case of racial discrimination, (2) if that is done, the burden shifts to the proponent of the peremptory challenge to present a race-neutral reason for the challenge, and (3) if that is done, the trial court must then determine whether the opponent has proven purposeful racial discrimination. Colone v. State, 573 S.W.3d 249 (Tex.Crim.App. 2019).
4. Search and Seizure
“Abandonment of property occurs if: (1) the defendant intended to abandon the property, and (2) his decision to abandon the property was not due to police misconduct.” When property has been abandoned before police take possession of it, there is no seizure under the Fourth Amendment. “When a defendant voluntarily abandons property, he lacks standing to contest the reasonableness of the search of the abandoned property.” Akins v. State, 573 S.W.3d 290 (Tex.App.—Beaumont 2019).
5. Deadly Weapon
To sustain a deadly weapon finding, the evidence must show: “(1) the object was something that in the manner of its use or intended use was capable of causing death or serious bodily injury; (2) the weapon was used or exhibited during the transaction from which the felony conviction was obtained; and (3) other people were actually endangered.” Clark v. State, 573 S.W.3d 367 (Tex.App.—Beaumont 2019).
6. Search Warrants
The Texas Constitution provides that lawful issuance of a search warrant is dependent on three requirements: (1) a particular description of the person or thing to be searched, (2) facts establishing probable cause, and (3) supported by oath or affirmation. Wheeler v. State, 573 S.W.3d 437 (Tex.App.—Fort Worth 2019).
7. Vindictive Prosecution
A constitutional claim of prosecutorial vindictiveness may be established in either of two distinct ways: (1) proof of circumstances that pose a “realistic likelihood” of such misconduct sufficient to raise a “presumption of prosecutorial vindictiveness,” which the State must rebut or face dismissal of the charges; or (2) proof of “actual vindictiveness” – that is, direct evidence that the prosecutor’s charging decision is an unjustifiable penalty resulting solely from the defendant’s
exercise of a protected legal right. Ex Parte Estrada, 573 S.W.3d 884 (Tex.App.—Houston [1st Dist.] 2019).
CIVIL ITEMS OF INTEREST 1. Subject-matter Jurisdiction
A party may challenge the trial court’s subject-matter jurisdiction in a motion for summary judgment. The plaintiff bears the burden of alleging facts affirmatively showing that a trial court has subject-matter jurisdiction over the lawsuit. Ledesma v. City of Houston, 623 S.W.3d 840, 844 (Tex.App.— Houston [1st Dist.] 2020).
2. Trespass
“Trespass” is defined as “an unauthorized entry upon the land of another.” The gist of claim for trespass to real property is the injury to the right of possession. The supreme court has defined “trespasser” to mean “someone who ‘enters upon the property of another without any right, lawful authority, or express or implied invitation, permission, or license.’”. Sustainable Texas Oyster v. Hannah Reef, 623 S.W.3d 851, 871 (Tex.App.—Houston [1st Dist.] 2020).
3. Unrecoverable Fees
Unrecoverable fees are not rendered recoverable “merely because they are nominal.” Sustainable Texas Oyster v. Hannah Reef, 623 S.W.3d 851, 873 (Tex.App.—Houston [1st Dist.] 2020).
4. Unsound Mind
Tolling of limitations based on the plaintiff ’s unsound mind is not restricted to those who have been adjudged insane or mentally incompetent. Id. To establish an entitlement to tolling of limitations based on unsound mind, a plaintiff has to either produce specific evidence that shows he did not have the mental capacity to pursue his suit or submit a fact-based expert opinion to this effect. A plaintiff lacks the mental capacity to pursue his suit if he is unable to participate in, control, or understand the progression and disposition of the suit. Rollins v. Pressler, 623 S.W.3d 918, 925 (Tex.App.—Texarkana 2020).
5. Burden of Proof: Unsound Mind
Texas decisions holding that plaintiffs bear the summaryjudgment burden of proof on unsound mind are primarily based on a misreading of other cases. … The decisions of the Supreme Court unambiguously hold that a defendant moving for summary judgment based on limitations must conclusively negate any tolling exceptions pleaded by the plaintiff. … Defendants bear the burden to prove that [Plaintiff] was of sound mind to obtain summary judgment. Rollins v. Pressler, 623 S.W.3d 918, 930 (Tex.App.—Texarkana 2020).
6. Bill of Review
A bill of review is “a direct attack on a judgment that is no longer appealable or subject to a motion for new trial.” … To obtain an equitable bill of review, the petitioner must generally plead and prove: (1) a meritorious claim or defense to the judgment; (2) which the petitioner was prevented from making by official mistake or by the opposing party’s fraud, accident, or wrongful act; (3) unmixed with any fault or negligence on the petitioner’s own part. Joseph v. Jack, 624 S.W.3d 1, 6 (Tex.App.—Houston [1st Dist.] 2021).
LEGAL QUOTE OF THE MONTH
The meanest citizen, actuated by the meanest motives, is entitled to insist upon the enforcement of the law. The question is, ‘What is the law?’ a question which frequently arises in our Courts and sometimes receives a satisfactory answer. —A.P. Herbert
COWBOY LOGIC
The quickest way to double your money is to fold it in half and put it back in your pocket.
OLD NEWS
Fort Worth Fortresses The 8th Air Force, which carried the air war to Berlin and helped end the war in Europe, was assigned to Fort Worth’s Tarrant Field in November 1946 as part of the Strategic Air Command. The mission of the 8th, under the command of Major General Roger Ramey, was to be ready to fly anywhere, anytime in the event of hostilities. As part of its training, the 8th dispatched B-29 Superfortresses to distant parts of the world, including Japan, England, Alaska, the Caribbean, Panama, Arabia, and the Arctic Circle. Tarrant Field later became Carswell Air Force Base. g
JOIN A SECTION OR COMMITTEE TODAY! To Join a Section: Login to your MyTCBA portal and update your subscription. To Join a Committee, visit: www.tarrantbar.org/ CommitteeVolunteerForm DECEMBER 2021
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THANK YOU TO OUR SPONSORS
Event Sponsor
Table Sponsor
Baker Monroe, PLLC Kelly Hart & Hallman LLP McDonald Sanders, P.C. Pham Harrison, LLP Justice Sue Walker Sharen Wilson, Criminal District Attorney’s Office
Law Day Supporter Akin Gump Strauss Hauer & Feld LLP Mattie Peterson Compton Haynes and Boone, LLP Texas A&M University School of Law
DECEMBER 2021
▪ TCBA BULLETIN 25
BENEFITS OF MEMBERSHIP
Follow us on social media Tarrant County Bar Association @tarrantbar @tarrantcountybar
The Tarrant County Bar Association is comprised of over 2500 members and offers the best way to connect with the legal community in Tarrant County.
Membership benefits include: • • • • • •
Free and reduced cost CLE events offered through the TCBA’s 18 substantive law sections, Brown Bag CLE pass, and other CLE events. In addition, TCBA offers many of its CLE events online at a discounted rate for its members. The new and improved tarrantbar.org helps you to stay informed and connected with many member-only resources and features to help you track your TCBA involvement, committee and sections happenings, and upcoming TCBA events and CLE. Networking opportunities through joining a TCBA section or committee. Not sure how to get involved with TCBA? We can help! Contact laurensc@tarrantbar.org if you have any questions about a TCBA section or committee. Access to discounts and free professional services, including free document shredding and a discount for Lawyer Referral & Information Services (LRIS) membership. An online subscription to the Bar Bulletin, the TCBA’s bi-monthly magazine, and weekly emails detailing news and events in the Tarrant County legal community. Opportunities for community service at annual events like National Adoption Day, People's Law School, and the Blood Drive. The TCBA also provides pro bono volunteer opportunities at legal clinics through Volunteer Attorney Services (TVAS) and Texas Lawyers for Texas Veterans- Tarrant County Chapter (TLTV).
Visit the website to learn more about all the great things the TCBA is doing for its members and the community. www.tarrantbar.org We thank you for your continued support of our organization. For questions about member benefits, please contact Lauren St. Clair at the bar office at 817.338.4092 or by email at laurensc@tarrantbar.org.
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DECEMBER 2021
▪ TCBA BULLETIN 27
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Tarrant County Volunteer Attorney Services
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with TVAS this Fall
VAS has already hosted many clinics this year, but there are still plenty of ways to assist. TVAS partnered with Legal Aid of NorthWest Texas (LANWT) for an eviction defense project. Free CLE available for those agreeing to take on a case. In November, TVAS collaborated with TLTV for the Heroes Wills Clinic to provide will and estate documents to veterans and their spouses. An ongoing way to help is to sign up for the Legal Resource Center at True Worth Place Day Shelter. Volunteers connect guests with resources in Tarrant County to help them remedy homelessness. To help with any of these clinics, email kayla@tarrantbar.org. Thank you to the volunteers that assisted with the October Uncontested Divorce Clinic!
VOLUNTEERS ASSISTING OCTOBER’S UNCONTESTED DIVORCE CLINIC Scharli Branch, Cantey Hanger LLP Ola Campbell, The Law Office of Ola Campbell, PLLC Kate Hancock, Cantey Hanger LLP Barry Hocking Brooke Hubbard, Cantey Hanger LLP John Robinson, Cantey Hanger LLP Lynn Rodriguez, Texas A&M Family and Veteran’s Advocacy Clinic
Defending Evictions During the COVID-19 Pandemic CLE Recording
Presented by LANWT & TVAS
CLE: 2 hours, 1 hour Ethics FREE for TCBA Members Access webinar at www.tarrantbar.org/evictions-cle
Looking for ways you can support TVAS but unable to volunteer? Consider sponsoring a remote or in person clinic! Contact kayla@tarrantbar.org for more details.
Tarrant County Volunteer Attorney Services Thank you to Kelly Hart & Hallman LLP for sponsoring the upcoming Gatehouse Wills Clinic!
DECEMBER 2021
▪ TCBA BULLETIN 29
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▪ DECEMBER 2021
Save the Date Est.
1994
More details to follow.
DECEMBER 2021
▪ TCBA BULLETIN 31
LegalLine Legal
Upcoming LegalLine Dates • January 13, 2022 • February 10, 2022
• January 27, 2022 • February 24, 2022
LegalLine will Resume in 2022 What LegalLine Participants are Saying “LegalLine is easy to access, all my concerns were addressed, & the attorney was very personable!”
“This is an extremely useful service!”
O
“LegalLine helped me understand what steps I need to take going forward for my situation.”
ver 1300 people have been helped by pro bono attorneys in 2021 through LegalLine. LegalLine occurs every 2nd and 4th Thursday night from 5 p.m. – 7 p.m. Attorneys speak with people needing assistance in their practice area(s). Thank you to the 18 attorneys that have volunteered in the last two months! If you want to join in the LegalLine volunteer team, email carolina@tarrantbar.org. g
“Thank you for the time that you give people.”
“LegalLine was convenient. I had an easy question that did not warrant a cost to an attorney. I just needed the best option.”
LEGALLINE VOLUNTEERS* Sue Allen Lou Barkholtz Norma Bazán Nick Bettinger Julie Camacho Ola Campbell
Andrea Casanova B.C. Cornish Joshua Graham Linda Gregory Bryce King Cynthia Maragoudakis
Rocio Martinez Collin McLaughlin David Pritchard Lynn Rodriguez Karon Rowden Melissa Sircar
Thank you to each attorney volunteer! *as of October 24, 2021
2022-2023 TCBA Director Candidate Request If you are interested in serving on the Tarrant County Bar Association's Board of Directors, please contact the TCBA at 817.338.4092 for a Director Candidate Request Form. All candidates must be an attorney in good standing with the Tarrant County Bar Association for the preceding three years. The election of the 2022-2023 Board of Directors will be held in April 2022. For more information, contact Kayla Dailey at kayla@tarrantbar.org or 817.338.4092.
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IN MEMORIAM John Allen Hixson 1956–2021
J
ohn was born September 19, 1956 in Topeka, KS to Ralph and Nelle Hixson. He passed away on Saturday, October 2, 2021 in a Longview hospital. Mr. Hixson attended Topeka High School and received his undergraduate degrees at Trinity University in San Antonio. He then received his Juris Doctorate from SMU in Dallas. He practiced law in Arlington and Daingerfield. He was a longtime leader in Bible Study Fellowship and children's ministries at various churches. He also served in the Army Reserve/National Guard from 1980–1988. He spent the summer of 1980 at Fort Benning Georgia (11B Infantry Commissioned
as an Armor Officer in 1982 (UTA - ROTC). Mr. Hixson was preceded in death by his parents. Those left to cherish his memories are his wife of 33 years, Rebecca “Becky” Hixson of Hughes Springs; sons and daughters-inlaw, David Hixson and wife Katie of Midlothian and Stephen Hixson of Hughes Springs; daughter, Claire Hixson of Arlington; grandchildren, Trent Michael Hixson and Rowan Grace Hixson; brothers, Mark Hixson and wife Stephanie and Ralph Hixson; sisters, Judy Antimarino and husband Pete and Nancy Race and husband Kevin; and numerous nieces and nephews. g Published by Star-Telegram on October 10, 2021.
Volunteers Needed for High School Mock Trial Region 11 HS Mock Trial Competition Saturday, January 29, 2022 www.texashighschoolmocktrial.com
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housands 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 29, 2022, high school teams will compete at the mock trial competition at the Tarrant County Family Law Center. Attorney volunteers are needed to serve as judges of the mock trial competition on Saturday, January 29 and the final round on Friday, February 4. General volunteers are also needed to help work behind the scenes at the competition. g
HOW YOU CAN HELP! Coach a Team – Attorneys Needed
• Help a team prepare for competition • Schools located in the Tarrant County area • No litigation experience required • Work around your schedule!
Score a Competition • Earn self-study CLE & network with attorneys • No litigation experience required • Only 3 hour time commitment • It takes over 50 attorneys to score a day of competition. We need you! To volunteer or for more information, contact: elizabeth@tarrantbar.org.
DECEMBER 2021
▪ TCBA BULLETIN 33
Member Benefits Vendor List
Bar Bulletin ▪ December 2021 Tarrant County Bar Association TCBA members may take advantage of discounts 1315 Calhoun Street provided by the following vendors: Fort Worth, TX 76102-6504 AMO Office Supply offers TCBA members the lowest ADDRESS SERVICE REQUESTED
PRESORTED STANDARD U. S. POSTAGE PAID FORT WORTH, TX
price guaranteed on office supplies, with next-day delivery and free shipping! Call 800.420.6421.
PERMIT 1807
Falcon Document Solutions, provides quick, efficient and reliable process service, doument scanning, printing, copying and electronic discovery, litigation displays and trial boards. We are available 24 hours 7 days a week at 817.870.0330 or at www.falcondocs.com. Discounts available to TCBA Membership. Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed material - business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817.577.0572. Fort Worth Zoo discount tickets - $13.00 adult, $10 for child or senior. For tickets, contact anne@tarrantbar.org or 817.338.4092. For IT Help: Juris Fabrilis - Cool Tools for Lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101. For Shredding and Document Disposal: Magic Shred is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Call 940.783.6580 for details. Thomson Reuters Exclusive TCBA offer of 15% off new Westlaw subscriptions or upgrades to current subscriptions*, including our latest AI enhanced platform, Westlaw Edge. Please contact your local Account Executive, Ben Galloway, for more information: Ben.Galloway@TR.com. *Restrictions apply, please contact your AE for details. g
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