Tarrant County Bar Association Bar Bulletin (November/December 2022)

PRESIDENT'S PAGE

KAREN DENNEY

This year is quickly coming to a close. We are now in the home stretch where we have realized that there is no possible way to get everything on the list done that we wanted to get done before the end of the year. Instead, we are just working on shuffling what we can onto and off our calendars, trying to make the most of the holidays with our families and friends, including our friends who are part of the TCBA.

Some upcoming TCBA events you should slot onto your calendar are on December 6th, 8th and 9th. The annual TCBA holiday party is on December 6th from 5 to 7 p.m. at the TCBA offices. The TCBA Holiday Party Committee has been hard at work planning this event for many months. So, please be sure to attend the holiday party. If getting to see a number of Tarrant County lawyers at the party is not enough of an incentive for you to attend, I hear that there will be prize drawings at the party too.

The TCBA holiday party is quickly followed by the TCBA Women Attorneys Section’s Sip and Shop. The Sip and Shop is on December 8th from 3 to 6 p.m. at the City Club of Fort Worth. This event is open to both members and non-members of the Women Attorneys Section and would be a great place to get gifts and gift ideas. However, if you plan to attend this event (or the holiday party), please be sure to rsvp for this event through the TCBA website (www. tarrantbar.org).

Another December TCBA event is on December 9th from 11 a.m. to 1 p.m. in the TCBA offices’ parking lot. It is likely that, if you are like me, you have several boxes of papers sitting in your office that you have not touched in a year and are your non-client original “working files” that you have to weave through like a maze to get to your desk. Now is the time to get rid of the maze and shred those “working files.” If you are a TCBA member, you may bring up to five standardsized boxes to have shredded at the TCBA’s December 9th Magic Shred event. If you are not a TCBA member and have documents that need to be shredded and want to take advantage of the Magic Shred event, it sounds like it is time for you to become a TCBA member, which you can do at the Magic Shred event.

In addition to attending TCBA events, the upcoming holidays also are traditionally a time of taking whatever time

off you can swing and spending as much time as you can with your loved ones – your biological family and your chosen family members. For many it is a time of joy and the creation of wonderful, new memories. For others it can be a time of sorrow or, at a minimum, a time of remembrance of those we wish we could spend another holiday with but have lost.

In 2020 I lost my dad to cancer. My dad was, in my opinion, the best man to ever walk this earth, other than Jesus. He was funny, brilliant, hardworking, kind, and giving and would have done anything for my mom (a/k/a his wife of more than 55 years), my two sisters and I, any of his grandchildren or, really, anyone who needed help. I miss him daily, but especially during the holidays.

There are at least three other TCBA current and recent Board members who also have lost parents in the past two years. There are many other TCBA members and people who you know who have lost a parent, a child, a spouse, other family members and dear friends during the past several years or long ago. While the holidays are busy, make the time to let others know that you are thinking about them. Reminisce with them about a lost loved one, or just stop by for an unannounced visit to catch up. If distance is a problem, handwritten notes seem to be few and far-between these days. Drop a short note in the mail, or pick up the phone and have an actual conversation, instead of sending the text to add to the way too many texts we all get. In short, enjoy your time with your family and friends, show grace to those around you, and have wonderful holidays! g

Happy Holidays

Members of the 2022-2023 100 Club

*List Reflected Below is as of December 19, 2022

Adams, Lynch & Loftin, P.C

Albert Neely & Kuhlmann LLP

Anderson & Cummings, LLP

Baker Monroe, PLLC

Barlow Garsek & Simon, LLP

Blaies & Hightower, LLP

Bonds Ellis Eppich Schafer Jones, LLP

Bourland, Wall & Wenzel, P.C.

Brackett & Ellis, P.C.

Brown, Proctor & Howell, LLP

Curnutt & Hafer, LLP

Decker Jones, P.C.

Dismuke & Waters, P.C. Forshey & Prostok, LLP

Freeman Mills P.C. Griffith, Jay, & Michel, LLP

Harris, Finley & Bogle, P.C. Harrison Steck, P.C. Haynes and Boone, LLP K & L Gates LLP

Kelly Hart & Hallman LLP

Linebarger Goggan Blair & Sampson, LLP

McDonald Sanders, P.C.

Murphy Mahon Keffler & Farrier, LLP

Naman Howell Smith & Lee, PLLC Nelson Bumgardner Conroy, P.C. Noteboom Law Firm Padfield & Stout, LLP Pham Harrison, LLP Phelps Dunbar, LLP Pope, Hardwicke, Christie, Schell, Kelly & Taplett, LLP Ray | Peña | McChristian, P.C. Robbins Travis, PLLC Ross & Matthews P.C.

Second Court Of Appeals Sharen Wilson, Criminal District Attorney's Office Taylor, Olson, Adkins, Sralla & Elam, LLP

The Blum Firm, P.C.

The Colaneri Firm, P.C. Udeshi Law Firm, PLLC Underwood Law Firm, PLLC Varghese Summersett PLLC Watson, Caraway, Midkiff & Luningham, LLP Whitaker Chalk Swindle & Schwartz, PLLC Whitley Penn, LLP Wick Phillips Winstead PC

To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more members and attains 100% TCBA membership compliance for the 2022–2023 bar year qualifies for the “100 Club.” The firms/organizations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year.

Any firm/organization that qualifies in the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law firms and other groups. The new bar year began on July 1; if you have not paid your renewal invoice, contact our Membership Director Lauren St. Clair at 817.338.4092 or email her at laurensc@tarrantbar.org.

YLA SNAPSHOT

Between the Pumpkin Spice Lattes and the very slightly cooler weather (hello 80s!), there is one thing for young lawyers that signifies that Fall is here and that is our Fall Fete! This annual event which serves as a great happy hour and membership drive for the Tarrant County Young Lawyer Association had an amazing turnout by young lawyers and the Tarrant Judiciary alike. Of course, this event would not be possible without our amazing sponsors, and never have we had so many sponsors for this event. I would personally like to thank all that contributed to this event as well as all the Judges that took time out of their evening to attend our event – despite the fact that the weather was not quite “sweater weather.”

If you have not heard, the TCYLA just launched its “President’s Podcast,” and we currently have three episodes live. The first two podcasts feature Tarrant County Legal Legends P. Mike Schneider and James Teel discussing their “War Stories,” while the third podcast features two past TCYLA Presidents, Brian Singleterry and Andrea Palmer, giving young lawyers tips on networking. This can be found wherever you listen to your podcasts by searching “TCYLA President’s Podcast.”

Lastly, a bunch of young lawyers participated in the Tarrant Regional Water District’s Trash Bash to help clean up the Trinity River! Ola Campbell organized this event to help beautify the city we live in and continue our mission to give back to our community.

Whether you consider yourself a young lawyer, or just young at heart,, there is still time to join our great organization with many events coming up. We will continue to have CLEs at Reata organized by new board member John Kash and returning member Austin Franklin as well as fun happy hours planned by Emily Steppick and Caroline Brownlie. You can find out about all our future events by checking out our website (www.tcyla.org) or by following us on our social media, including our new Instagram (@tarrantyounglawyers). g

MEMBERSHIP REPORT

By Lauren St. Clair, Membership Director

Thankful for Members Like You

This time of year always provides ample time to reflect on what we’re grateful for and as 2022 comes to a close, the TCBA is tremendously thankful for members like you and your support. The TCBA had a busy fall season with Member Appreciation Week, various sectionhosted CLE seminars, the introduction of our new Mentor Monday seminar series, the first-annual Boo at the Bar event on October 21, Swearing-In Ceremony for newly licensed attorneys on October 24, and a Fall Blood Drive and Food Drive in November. Thanks to the generosity our members, the TCBA helped to serve over 90 patients in need of lifesaving blood and food drive donations amounted to 2,580 meals provided through the Tarrant Area Food Bank.

The annual Holiday Party was be held on December 6. This

year, TCBA sections and committee members participated in a tree decorating contest where all trees were displayed at the Holiday Party and then donated to Justin’s Place – a local non-profit organization providing resources to single mothers and families in the Stop Six Community. Photos can be found on page 3!

Tech Tips with Juris Fabrilis will return in January as well as the next installment of our Mentor Monday series –make sure to be on the lookout for additional information and dates.

Please help us welcome our new law students and members to the TCBA community and we hope to see you at our upcoming events! g

Welcome 1L Students

Keaton Abdalla

Victoria Adams Khadija Alibhai

Kate Allred

Kyle Anderson

Daniel Archibald Gabrielle Armstrong Gunnar Baker Kaelie Bernard Farley Bevil Janelle Briggs Talmage Brown

Roberto Candelas Sadie Cavazos

Cahlen Cheatham

Caleb Cook

Michael Cooper Milton Cousins

Lauren Davidson Nathania Davis Tristan DeBerardino Matthew Demchsak Okan Dereyayla Chadrick Dewey Mackenzie Downs Kiera Dwyer Anna Eckhoff Dalia El-Giar

Robert Evans Haley Fair

Gregory Fassuliotis Leslie Filorio

Christopher Flanagan Grace Friloux

Brighton Frost Taylor Grover

Robert Harris Kasey Haught Alicia Hernandez Rozita Hovhannisyan Cache Hugie Ann Johnson Kaitlan Keel Joshua Kennedy Julia Leary Do Lee Jeremiah Loar Hannah Lopez Heather Luu Elena Luna Leah Macias Molly Margraves Cesar Martinez Erin Mayes

Melanie McIntire Payton Molina Brandon Moon Ashlyn Moore Spencer Nayar Ifunanya Ngadi Abigail Nichols Natnael Nigussie Robert Notari James Osteen Joseph Padjune III Jenica Pelayo Tiana Pham

Payton Ramsey Gabriel Rauen Brandon Robinson Heidi Roskelley Ethan Rousso

Rafael Saplala

Tyler Scattolini

James Schnurr

Rebekah Schulte Jake Shirley Gordon Smith III Karissa Smith Tashawn Treadwell Olivia Vasquez Max Voboril Jonathan Voos Peyton Wakefield Brady Wells Emma Whaley Benjamin Whisman Tavia Williams Kirsten Worden

By Jack Walters, Solo and Small Firm Section Chair

Greetings from the Solo and Small Firm Section. My name is Jack Walters, and I am the chair of the Solo and Small Firm Section. I took over as Chair during 2020–2021 “work from home” period. The pandemic set the world back, but it hit the world of small businesses and solo and small firms especially hard. We are already by nature isolated in our professions, and the past couple of years have not made that any easier.

The Solo and Small Firm Section is here to help. We would like to get our section members out of isolation and welcome them to participate with the section. We are hoping to have monthly events that will not only benefit the attorneys professionally but mentally and emotionally as well. Now is a great time to make sure that your dues have been renewed and that you are subscribed to our newsletter. My goal is to increase our membership and make the Solo and Small Firm Section a resource for lawyers in our community.

The Solo and Small Firm Section works best when members participate and voice what they would like out of the section. I know our time is valuable, so I want to make the time spent in the section worth it. I would like to offer CLE and social events during my time as chair. I am asking that you help me put together a schedule that will benefit you as best I can. I am asking the members to submit topics that they would like CLE presentations on or submit events that may be fun for the members of the Solo and Small Firm Section and their families. You can submit all questions, comments, and concerns to my email, jack@walterslawofficepllc.com with “solo and small firm section” in the subject line.

Another program that the Solo and Small Firm Section offers is PEER: Professional Enhancement and Empowering Relationships. The Advisory Board for Solo Small Firm Attorneys Challenge: Do you want to be secure, take your practice to the next level, value deeper professional relationships, and become more secure in business?

Why PEER? The success of small firm and solo attorneys is necessary for a healthy Bar and community! While large firms represent corporate America and the super-wealthy, small firm attorneys represent small businesses and the ordinary citizen. Without us, individual rights and small businesses would be at the mercy of the financially powerful. We save families, protect small businesses, defend the weak, and uphold the rule of law. Noble causes which are fundamental to our democracy. After all, most of us got into the profession of law – not to make millions but - to help and protect people. That is what we do.

Many solo and small firm attorneys have no partner or backup attorney. They work alone, with no one to go down

the hall for a sounding board on a matter. Indeed, while we know colleagues in our field, we are flummoxed when dealing with legal issues outside of our traditional practice area. Many of us know few attorneys outside of our practice area, thus we have no clue who to call to refer a matter or with which to work jointly. We feel we must be an expert at everything, when that is unrealistic, because we simply don’t know what we don’t know. We work long hours on our current caseload, but also getting new business to keep the pipeline fresh. To cope, many of us pretend to be successful, to be strong, and to be in control. The reality is for most of us small firm attorneys, it is overwhelming. This leads to burnout and even worse. Hence, in 2017, a group of about a dozen Solo and Small Firm attorneys joined to develop a roadmap for success, called Professional Enhancement and Empowering Relationships (hereinafter, “PEER”). Consisting of about eight to twelve attorneys from different or nonoverlapping practice areas, PEER members meet once a month in fellowship, developing friendship and camaraderie. Also, PEER members serve as advisory board members to each other’s law practice, sharing advice and practice management, engaging in business planning, developing deeper relationships, becoming centers of influence, and building trust enough to refer clients.

During the pandemic, PEER went from meeting in person to online. Meetings occurred early on almost weekly as members shared developing information and insight on how to respond to what was then a “new normal.” Going from being in an office and in the courtroom to working from home and doing virtual court meetings was a huge transition, and it was nice to have colleagues to reach out to from that isolation. With PEER, together we were and are stronger – as attorneys and as friends.

We lawyers often do a great job of helping our clients. However, we often fall short when it comes to helping ourselves. PEER helps you to prioritize yourself. If you are not grounded and secure in financial and personal success, how can you effectively help your clients – and live a long, fulfilled life?

I encourage all of those who may be interested in getting involved with the Solo and Small Firm Section to reach out and help make this section a useful tool in our practices. g

By Tori Rhodes, Mock Trial Committee Member ELDON B. MAHON INN OF COURT

Support Aspiring Students

Each year students from all over Texas represent their schools and compete in a series of mock trials. This program allows students from all over the state to practice and show off their ‘legal skills’ and take steps in pursuit of their goals.

Through a grant from the Tarrant County Bar Foundation, Eldon B. Mahon Inn of Court hosts Region 11’s mock trial competition of the Texas Education Agency’s districts.

On Saturday January 21, 2023 and on Friday, January 27, 2023 high school teams will compete in actual courtrooms at the Family Court Building.

Attorney volunteers are needed to serve as judges and for behind the scenes help for the mock trial competition for semi-finals on Saturday, January 21, 2023 and/or the final round on Friday, January 27, 2023. Setting aside a few hours of your time makes a big difference to the students:

It was great hearing feedback from people who have done this in real life and do this for a living because they understood the work and the process and how much time and effort we put into the mock trial, and it was clear that they valued our time and effort that we put into the competition and that made us want to do more to improve.

Ibenehita,

Trinity High School Student

Mock trial has tested my limits of what I can do in a week. When the judge makes their ruling, it is a huge relief, and it makes me proud of what we’ve accomplished. My mother is an attorney advisor, mock trial lets me see what my mother does in real life and so it is cool to see what she does in action.

Sophia, Trinity High School Student

Mock trial brings life to a debate program. This allows for a level playing field for students to have opportunities where they feel like they can have a job in law someday.

For students that don’t have familiarity in the legal world, seeing someone that they can relate to, and experiencing the courtroom for the first time as an attorney and in a friendly experience, it gives them a first glimpse of the law and they start to see that it is something they can be a part of. Having actual attorneys as judges means the world to the students.

Ms. Ramsey, Trinity High School Mock Trial Coach

A common phrase used is “investing in the new generation.” Time is one of the most important things to a man because you can never get more. So, by seeing attorneys use their spare time to watch and score us means that they value us or want to invest in the new generation.

Gracie, Covenant Classical School Student

90% of the students that we have say it is the single most formative experience for their high school career. Beyond that, mock trial is so empowering. I had a student last year say, I’ve learned that I have the right to be heard. The reason I keep doing it every year is because of the return on investment on what we are putting into these kids is amazing.

For attorneys that may be interested in judging, 1st they will be wowed by the students’ skills and will be inspired and who are conquering fear and able to make complex legal arguments. I volunteer because it is inspiring to see the students. Rarely if ever do we have an attorney judge a round then walk away dissatisfied.

Judge

Burgess, Covenant Classical School Mock

Trial Coach

It is something that I look forward to throughout the school year, and I thoroughly enjoy the collaborative preparation involved.

Having real attorneys preside over the competitions compels me to embody the true role of an attorney and try my best to get in their psyche as professionals and perceive the given case as they possibly would.

Anna, Decatur High School Student

The skills and abilities I have developed from mock trial will assist me throughout my academic journey, whether I fulfill my dreams of becoming a lawyer or not.

Eleanor,

Decatur High School Student

It makes me feel professional, and like they are really interested in this situation. I also love being able to hear critiques from actual lawyers who are professionals and know what they're talking about.

Liz, Decatur High School Student

NOW A WORD FROM OUR SECTIONS

Since beginning the program 5 years ago, I have had several of my students express an interest in exploring law, and one who will be entering law school next fall. Mock trial to me is a labor of love. It is countless hours of work, research, and rehearsal, but the allure of the case, along with the growth I see in my students makes it all worth it.

I have done this 5 years now, and I cannot describe to you the look on my students faces when that courtroom door opens and they see real lawyers, a bailiff, and sometimes a judge staring back at them. At that point it all becomes real for them, and that look is priceless.

Mr. Chance, Decatur High School Mock Trial Coach

We are asking you to please pay it forward and offer a few hours of your time on Saturday, January 21, 2023 or Friday, January 27, 2023 to help our community participate in this program. To volunteer or for more information, please contact Tori Rhodes: vlr@robbinstravis.com. g

By Tracy Card, Office Manager

Are Y ou Utilizing Your Sections’ CLE?

Great things happening within the sections! We have gone from summer into full force winter with a quick turn around the corner. With the winter comes even more great opportunities to get out to start taking advantage of the wonderful things being offered by your sections. Whether it be a festive event or a CLE course, we hope that you are taking advantage of what the sections have to offer. Be sure to check your section calendars or the TCBA calendar for upcoming events. We encourage everyone to attend these great

meetings! It is a wonderful time to visit with fellow colleagues and hear some interesting speakers. g

If you are interested in serving on the Tarrant County Bar Association’s Board of Directors, please download and complete the 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 2023-2024 Board of Directors will be held in April 2023.For more information, contact Kayla Dailey by email at kayla@tarrantbar.org.

Deadline to submit TCBA Director Request and Biography is noon, January 20, 2023. Download form at www.tarrantbar.org/DirectorRequest23.

Tarrant County Volunteer Attorney Services

By Sarah Hall Hoffman, Pro Bono Programs Director

Volunteer with TVAS

TVAS has already hosted many clinics this year, but there are still plenty of ways to assist in the new year! 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 or get more information about joining the TVAS Committee, email sarah@tarrantbar.org.

ATTORNEYS

Chloe

THANK YOU TO VOLUNTEERS THAT ASSISTED WITH THE OCTOBER UNCONTESTED DIVORCE CLINIC!

Chartier, Gregory Cox, Jonathan Fox, and Chandni Patel

By Perry Cockerell, Perry Cockerell, P.C.

Judge Chris Ponder, Probate Court No. 1

udge Ponder is entering his fifth year as Judge of the Tarrant County Probate Court No. 1. Ponder followed the footsteps of Judge Steve M. King who announced his retirement from the court in 2018. King’s retirement led to a five-way open race, the first in many years for the probate court in Tarrant County. Ponder won the 2018 Republican primary following a May run-off; he faced no opposition in the general election in the fall of 2018.

Ponder grew up in Arlington, Texas where he graduated from Sam Houston High School in 1994 and the University of Texas at Arlington in 1999. In 2003 he graduated from Texas Wesleyan University School of Law. During law school he clerked for a law firm in downtown Dallas. He kept that job after law school for fourteen months where he was immediately thrust into a high-volume trial practice as a first-year lawyer. “I did an immense amount of litigation as a brandnew lawyer. It was very similar to what young criminal prosecutors do, except this was on the civil side. I was taking three or four depositions a week. I think I tried seven jury trials during my first year as an attorney.”

Tarrant County District Attorney’s Office

In January 2005 Ponder moved to Fort Worth to take a position as Assistant District Attorney in the Civil Division of the Tarrant County District Attorney’s Office. He remained in the Civil Division for the next thirteen years and became head of the Mental Health Unit. Ponder argued in the Fifth Circuit in New Orleans and twice at the Texas Supreme Court. “The Civil Division of the DA’s office has always been a great place to work because it gives you exposure to so many types of issues. And you were always encouraged to pursue any kind of case that came in to the office. I handled tort claims, contract claims, employment law, civil rights; I did forfeiture proceedings for some neglected horses; I did a commitment of a tuberculosis patient that was refusing treatment. It’s really a great place to work.”

By the time that Judge King’s seat opened up, Ponder had significant experience in the mental health area and was interested in the position. “I thought this was an opportunity for me to continue to serve the public and I thought that I had the right temperament and thoughtfulness to be a good judge.”

Life in the Probate Court No. 1

Monday has historically been an important day for the court because it is reserved for the uncontested docket. “We have a very high volume of uncontested will prove-ups. We have a lot of wills that are straightforward, and that they had a good estate plan in place and all that is needed is to get an

Jexecutor appointed and qualified.” The court may conduct uncontested prove-ups throughout the week.

Tuesdays and Wednesdays are for other kinds of motions. The Judge starts all jury trials on Tuesdays. Fridays are his “catch up day” that he uses to read motions and briefs for the coming week and to handle emergency motions that are filed.

Hearings calendared/documentation required

All hearings in his Court must be calendared through Heather Beyer, the court coordinator. She can be reached at probatecourt1@tarrantcounty.com. All paperwork for the hearing (proofs, oath, proposed order) must be e-filed at least five days prior to the hearing. The Judge and the court staff will review the documents prior to a hearing.

“We’ll have reviewed the application and the will in advance of the hearing. We check to make sure it is in order. For the uncontested cases, we have to make sure that the statutes are followed because there is nobody on the other side to clean it up. It’s our duty to represent the public effectively and make sure that everything is done properly. We spend a lot of time making sure everything is in order so that when you show up for your hearing, you can be in and out of there as quickly as possible.”

Judge Ponder retained former Judge King’s administrative staff. “Judge King put together such an amazing staff and had them operating at a very high level. I was grateful that they were willing to stay on with me after Judge King’s retirement.”

Binders are helpful for court hearings

Having binders for the court for hearings is helpful. “I’m going to put them in a binder for my own convenience. And if you want to do that for me, I will be most appreciative.”

Be prepared on the court’s authority to act

The Judge may pose questions to attorneys such as: “Do I have the authority to do what you're asking me to do?” He may ask attorneys to cite the statute, rule or case that gives him the authority to act. “Don't just ask me to act. Show me the authority that serves as a basis for me to give you the relief that you want.”

Advice to attorneys

The Judge’s advice to all attorneys is “being respectful to the court and to opposing counsel and to your opposing parties; be professional. Take care in preparing the paperwork you submit to the court. Your work product reflects upon you and has a big effect on your reputation. Pay attention to details. That’s a big thing for me: care about the work you do, care about what you sign your name to. And then professionalism towards the other people in the process, whether it’s court staff or opposing counsel. I’m big on manners and professionalism.”

Judge Ponder is married to Dotty Ponder and with their oldest off to college, they are one-third of the way to being empty nesters. In his free time, Judge Ponder enjoys being outdoors, hunting, playing golf, and woodworking.

For the 2022–2023 year the Women Attorneys Section (WAS) has its sights set on reconnecting with its members and welcoming new female attorneys to the organization. If the Pandemic taught us anything it was the importance of building and maintaining relationships as well as finding value in our activities. We plan to foster both through a variety of events we are hosting for our members this year.

We “hit” the year off in September with a pickleball social at Courtside Kitchen in Fort Worth. Those who attended received a lesson from one of Courtside’s Certified Pros, played matches on the beautiful courts, and sampled some of the delicious menu items from the kitchen. It was a great way to learn about this popular sport while also connecting with current and new WAS members.

Our next event took place in November and featured a panel discussion entitled “Things Every Lawyer Ought to Know for Family, Friends, and Social Gatherings.” The panel featured Tarrant County attorneys discussing the basic information every attorney should know about estate planning & probate, family law, immigration, and criminal law. With holiday parties and family gatherings on the horizon, you never know when this information may come in handy.

By Caroline Harrison, Women Attorneys Section Chair

Women Attorneys Section Presents: Things Every Lawyer Ought to Know for Family, Friends, and Social Gatherings

A Panel Discussion With:

• Heidi Angel, Estate Planning and Probate, Kelly Hart & Hallman LLP

• Donna J. Smiedt, Family Law, The Family Law Firm of Donna J. Smiedt

• Rigien Jackson, Immigration Law, Jackson, Landrith & Kulesz, PC

• Dean Miyazono, Criminal Law, The Medlin Law Firm, PLLC Access recording at www.tarrantbar.org/WAS-cle

We look forward to reconnecting with other sections within the Tarrant County Bar Association. Starting in January and continuing throughout the remainder of the membership year WAS plans to host a variety of events which will include speed networking and mentorship events as well as joint membership mixers with other sections like the Tarrant County Young Lawyers Association and the Solo and Small Firm section.

The Women Attorneys Section looks forward to reconnecting with everyone. g

Snippets

Civil and Criminal

by Judge Bob McCoy g County Criminal Court No. 3

ASK JUDGE BOB

Judge Bob, what are “non-probate assets”?

Life insurance policies that are contractual in nature, become effective at the decedent’s death, and control the disposition of the asset by reason of the death, along with the proceeds paid to the named beneficiary therefrom, are nontestamentary transfers and non-probate assets that pass according to their contractual terms. Non-probate assets such as life insurance policies are those that are not subject to disposition by will or the laws of intestate succession.

Matter of Estate of Rushing, 644 S.W.3d 383, 386 (Tex.App.— Tyler 2022).

MOSES’ AND NOAH’S MONTHLY PARAPROSDAKIAN

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

It’s the least I can do, and I always like to do the least.

DANES’ QUOTE OF THE MONTH

The greatest love is a mother’s; Then comes a dog’s, Then comes a sweetheart’s.

—Polish Proverb

DOG LAW – Lillian’s Law (continued from August/September issue)

Under the law, the owner of a loose dog that causes injury or death can be prosecuted if the owner is found to by “criminally negligent” in failing to prevent the dog from escaping. The third-degree felony charge can bring a sentence of two to ten years in prison and a $10,000 fine. If the victim dies, a dog owner can be charged with a second-degree felony, bringing up to 20 years in prison. To gain a conviction under Lillian’s Law, prosecutors may still have to prove beyond a reasonable doubt that the dog owner knew or should have known that his dog was going to cause death or severe bodily injury.

As a side note, according to DogsBite.org, a 16-year study from 2005 through 2020 showed that 568 Americans were killed by canines. 67 percent were from pit bulls, 9 percent from rottweilers, and 24 percent from all other breeds combined.

CRIMINAL ITEMS OF INTEREST

1. Brady v. Maryland

To determine whether the State, through its representatives in the trial court, has violated its Brady obligations, we consider: (1) whether the information in question is favorable to the accused, either because it is exculpatory or impeaching; (2) whether the State possessed and suppressed the information either willfully or inadvertently; and (3) whether the information was material, meaning whether there is a reasonable probability that, had the evidence been disclosed, the result of the proceeding would have been different.

Harrell v. State, 611 S.W.3d 431 (Tex.App.—Dallas 2020).

2. Plea to the Jurisdiction

A plea to the jurisdiction is a dilatory plea; its purpose is “to defeat a cause of action without regard to whether the claims asserted have merit.” Such a plea challenges the trial court’s jurisdiction over the subject matter of a pleaded claim.

Fort Bend Appraisal District v. Church, 611 S.W.3d 443 (Tex. App.—Houston [14th Dist.] 2020).

3. Summary Judgment

“If a party receives notice that is untimely, but sufficient to enable to the party to attend the summary judgment hearing, the party must file a motion for continuance or raise the complaint of late notice in writing, supported by affidavit evidence, and raise the issue before the trial court during the summary judgment hearing.”

Emmaneul v. Izoukumor, 611 S.W.3d 453 (Tex.App.—Houston [14th Dist.] 2020).

4. Writ of Habeas Corpus in a Child Custody Case

A trial court’s order granting or denying a writ of habeas corpus in a child custody case is not appealable if the Family Code does not provide for an appeal. The Family Code does not provide for an appeal in such a habeas corpus proceeding, and the only available appellate remedy is a petition for a writ of mandamus.

Maadani v. Ward, 611 S.W.3d 460 (Tex.App.—Houston [14th Dist.] 2020).

5. Double Jeopardy

The Double Jeopardy Clause provides three types of protection: 1) protection against a second prosecution for the same offense following an acquittal; 2) protection against a second prosecution for the same offense following a conviction, and 3) protection against multiple punishments for the same offense.

Co-Editor

Judge Carey Walker, County Criminal Court No. 2

Noah

Moses

Kuykendall v. State, 611 S.W.3d 625 (Tex.Crim.App. 2020).

6. Pleadings

We cannot use a liberal construction of the petition as a license to read into the petition a claim that it does not contain. Liberal construction can be used to amplify a pleading but not to create a claim.

City of Dickinson v. Stefan, 611 S.W.3d 654 (Tex.App.—Houston [14th Dist.] 2020).

7. DWI

“Breath or blood test results can be relied upon, even without retrograde extrapolation testimony, along with other evidence of intoxication to determine whether a particular defendant was intoxicated, as the term is defined, at the time of driving.”

Ortiz v. State, 628 S.W.3d 958 (Tex.App.—Amarillo 2021).

CIVIL ITEMS OF INTEREST

1. Damages

A jury is not bound to award the exact amount requested by the plaintiff, and it does not have to rely solely on an expert’s opinion in calculating damages. The jury’s findings, however, must find support in the evidence.

Gulf Coast Center v. Curry, 644 S.W.3d 370, 376 (Tex.App. —Houston [1st Dist.] 2020).

2. Plea to the Jurisdiction

We review a trial court’s ruling on a plea to the jurisdiction de novo. … When, as in this case, the plea to the jurisdiction challenges the existence of jurisdictional facts, then, like the trial court, we “consider evidence as necessary to resolve any dispute over those facts, even if that evidence ‘implicates both the subject-matter jurisdiction of the court and the merits of the case.’”

The Dep’t of State Health Servs. v. Kerr, 643 S.W.3d 719, 728 (Tex.App.—Amarillo 2022).

3. Administrative Law

An agency decision is arbitrary if the agency “failed to consider a factor the legislature directs it to consider.”

Dyer v. Texas Com’n on Envtl. Quality, 646 S.W.3d 498, 508 (Tex. 2022).

4. Statute of Limitation

Whether the plaintiff “should have known” of the facts giving rise to the claim is an objective inquiry. The question is whether the injury incurred is “inherently undiscoverable.” “An injury is inherently undiscoverable if it is by nature unlikely to be discovered within the prescribed limitations period despite due diligence.

Berry v. Berry, 646 S.W.3d 516, 524 (Tex. 2022).

5. Suit for Divorce

In a suit for divorce, the pleadings are not deemed admitted by the defendant’s failure to appear, so the plaintiff must present sufficient evidence to support the material allegations in the

petition.

Matter of Marriage of Williams, 646 S.W.3d 542, 545 (Tex. 2022).

6. Third-Party Beneficiary

Nor does it matter that the third party intended or expected to benefit from the contract, for only the “intention of the contracting parties in this respect is of controlling importance.”

To create a third-party beneficiary, the contracting parties must have intended to grant the third party the right to be a “claimant” in the event of a breach.

Wal-Mart Stores v. Xerox State & Local, 646 S.W.3d 546, 558 (Tex.App—Dallas 2020).

LEGAL QUOTE OF THE MONTH

Deceive not thy physician, confessor, nor lawyer.

—George Herbert

TRADITIONAL IRISH LAW

If a tribesman wounds a bishop, and the bishop’s blood reaches the ground, the culprit shall hang for it.

OLD NEWS

The Fire of 1909

On April 5, 1909, a disastrous fire swept the south side of Fort Worth, the largest conflagration in the city’s history. Hundreds of buildings and more than 200 houses were destroyed, leaving thousands homeless; Broadway Baptist Church, Broadway Presbyterian Church, and the Texas and Pacific roundhouse were among the buildings lost.

The flames burned down every structure in a 32-square-block area. J.J. Nowlin was the only fatality, but several dozen were injured. Property loss was set at $2.5 million. g

Welcome

New Members of the TCBA:

ATTORNEYS

Jessica Alt

Rachel Arment

Bryan Ballew

Victoria Barboza

Laurence Beaver

Julia Bradley

Daniel Cafferata

James Carey

Kate Cassidy

Richard Cheng

Nick Curley

Shelby Douglas

Brittany Dumas

Montana Franklin

Taylor Garner

Zachary Halbur

Holly James Chnequa Kirby

Harrison Matthew Koronczok

Alaina Llamas CW Martin

Marissa Matthews

Taylor Matthews

Stephanie Milliron

John Morgan

Catherine Pratt

Kendall Rymell

Charles Sanders

Aaron Sigal Andrew Spadoni

Emily Teel

Caleb Terrell

Megan Weiershausen

Elizabeth Westphal

Mallory Williams

Laura Zachariah

ASSOCIATES

Angela Miller -Leathers

Elizabeth Nielsen

George Rodriguez

Michele Sanchez -Soriano

Cristina Vance

PARALEGAL

Melanie Leonard

in the News LAWYERS ON THE MOVE

Cotten Schmidt, L.L.P. is pleased to announce that R. Matthew Graham has joined the firm as a Partner. Matt graduated from Texas Wesleyan University School of Law in 2000. His practice focuses primarily on litigation, real estate, and employment law. Matt can be reached at 100 Energy Way, Suite 2000, Fort Worth, Texas 76102, 817.288.7138, mgraham@cottenschmidt.com.

Bourland, Wall & Wenzel would like to welcome their newest associate attorney Evan Bell. Mr. Bell graduated with honors from Texas A&M School of Law and recently passed the July 2022 Texas Bar Exam. His practice has primarily revolved around general civil litigation. Mr. Bell has experience representing individuals and entities in construction disputes, will and trust disputes, oil and gas servicer/ landowner disputes, and real estate disputes. He can be reached at 301 Commerce Street Suite 2500, Fort Worth, TX 76102, 817.877.1088.

Bourland, Wall & Wenzel would like to welcome their newest associate attorney, Phillip Hecker. Mr. Hecker graduated summa cum laude from Texas Tech School of Law and recently passed the July 2022 Texas Bar Exam. His practice has primarily revolved around commercial real estate. Mr. Hecker has experience assisting clients in the purchase and sale of improved and unimproved property, leasing, and landlord and tenant disputes. He can be reached at 301 Commerce Street Suite 2500, Fort Worth, TX 76102, 817.877.1088.

Jackson Walker is pleased to announce that experienced business litigator Andy Keetch has joined the firm as a partner in the Fort Worth

&

office’s Trial & Appellate Litigation practice. Mr. Keetch brings more than 25 years of significant experience in construction litigation and complex business disputes. Mr. Keetch earned his law degree from Texas Tech University School of Law and his B.S. degree from Texas A&M University. Outside of his practice, Andy is a member of the Board of Directors of Rehema Home US. He has also participated in trial academies hosted by the International Association of Defense Counsel (IADC) and the Texas Association of Defense Counsel (TADC).

Patterson Law Group announced the PLG team is growing with two new hires, Natasha Walkup and Lauren Kimberlin. As the largest personal injury law firm in Tarrant County, these newest additions were an essential step in maintaining PLG’s high level of client service for the ever-growing business.

Lauren Kimberlin makes the transition to personal injury law after working 12 years in the ad agency world with notable clients like Little Bites Muffins, Justin Boots, Smith+Nephew, and Alzheimer’s Association. She brings a wide breadth of integrated and digital marketing skills to help PLG deepen the relationships the firm has with its clients and expand the outreach in the communities it serves through new and creative ways.

Natasha Walkup joins PLG from Travelers Insurance Company, where she was a bodily injury claims adjuster. She will be bringing her varied experience as a licensed claims professional, vocational nurse, and experienced personal injury negotiator to the litigation team as the newest case manager.

Evan Bell Phillip Hecker Andy Keetch Lauren Kimberlin Natasha Walkup

Patterson Law Group has been fighting for justice for accident victims across the state for decades. PLG attorneys are known for doing good for our clients while also doing good in the community. Patterson Law Group is proud to announce Allison Dickson is joining their team.

Allison lives by the motto, “I don’t need easy. I just need possible.” Diagnosed with Werdnig-Hoffman Muscular Dystrophy when she was 15 months old, she was given only a year to live. Not only has she defied the odds and survived, but she has thrived! Not one to let physical limitations hold her back, she excelled academically and graduated summa cum laude and Phi Beta Kappa from Southwestern University. From there, she was on to Baylor Law School, where she graduated first in her class, was a member of the Baylor Law Review, and was recognized as the Baylor Young Lawyer of the Year in 2017. Since her return to her hometown of Temple following law school, Allison has been an active community volunteer and philanthropist. She has created and endowed three scholarships through community fundraising at her alma

maters. Education is her passion, and this legacy will impact generations of future students. The Allison Dickson Just Need Possible Foundation was formed in 2021 to further her philanthropic projects, provide scholarships, and assist many non-profits she supports.

She has been recognized as a Distinguished Alumna for her service to Southwestern University as well as a Distinguished Alumna of Temple Independent School District. She continues to serve Delta Delta Delta on the local and National level and was honored as a 2022 Woman of Achievement, which is the highest honor bestowed on a member of the sorority. She was named Sustainer of the Year for the Junior League of Bell County in 2021. Affectionately nicknamed “Temple’s Sweetheart,” Allison inspires others daily through

“I am truly honored to have our family name associated with the one and only Allison Dickson,” says PLG Managing Partner Travis Patterson. “She’s not just an inspiration – she’s a true difference-maker. What a wonderful addition to our

In addition to joining as an Of Counsel member of the Patterson Law Group team, Allison will continue on with Baylor Law School in the legal research role she’s held for the

Allison Dickson

SWEARING-IN CEREMONY

By Steven C. Laird, Law Offices of Laird and McCloskey

Almost 43 years ago I sat where you are, anxious and excited about what lies ahead. So it’s an honor and a privilege to be among the first to welcome you to your new profession. The road taken to get here has been different for each of you, but you have overcome the challenges with determination and made the required sacrifices. Your families and friends are justifiably proud of this significant accomplishment in your life. Congratulations.

You are receiving a license that will give you authority to do some unique things as a lawyer. Aside from legally representing another person or an entity, you can issue subpoenas. You can obtain information from others under oath. You may be in a position to influence legal interpretations and rulings in different areas of the law. You can even buy or sell real estate for others in many instances without having to have a real estate license. But such powers are far from something that I hope you will agree is much more important.

You have an opportunity to shape something that money can’t buy. It’s something that too many people, especially lawyers, don’t give enough thought to as life goes on.

It’s Reputation. Black’s Law Dictionary defines it as “The esteem in which a person is held by others.” A few words that should be taken to heart as you begin a new journey in a different chapter of your life.

Each of you will begin creating your own reputation, whether you want to or not, whether you think about it or not, and whether you care or not. Whatever a relatively few people in a relatively small circle of friends in high school, college, or even law school may have thought of you will no longer be as important as the collective and cumulative opinions of clients, professional colleagues, and perhaps judges as you go forward. You have an opportunity to shape this shadow of yourself called reputation. And now is the time to start. Regardless of what type of reputation you have already created in your limited circles up to this point, you have a true opportunity to create your impressions on others as a lawyer.

All of us are competitive by nature, or we wouldn’t be lawyers. Let’s talk about an unpleasant reality for a moment. You will undoubtedly meet some lawyers in your career who are deceitful, whether they mislead you or even outright misrepresent something. And yes, you may even occasionally see a lawyer misrepresenting something to a judge. You will see that some lawyers are driven to win at all costs, forgetting

what they have to pay in terms of professional reputation until it’s too late. They may have the temporary feeling of accomplishment or success by using such conduct, but it will come back to haunt them. Don’t let such people lull you into imitating this type of conduct.

A reputation once broken may possibly be repaired, but the world will always keep their eyes on the spot where the crack was.

The “Dictionary of Modern Legal Usage” makes an interesting distinction between character and reputation. It says “Character is what one is, whereas Reputation is what one is thought by others to be.” So character is how you act or conduct yourself, with the inescapable byproduct being reputation. Character is like a tree and reputation like a shadow. The shadow is what we think of, the tree is the real thing. You cannot separate one from the other.

Think about how you’re conducting yourself around others in life.

Being nice, polite, and courteous should be the way we act all the time, but none of us are perfect. Making just a small effort to be nice to the person at the checkout stand, the person at the cleaners, or the parking attendant makes an impression. In fact, you make an impression with almost everyone you interact with, so wouldn’t you want other people to think positively about you as a lawyer?

So if we create impressions on people who we sometimes only have brief encounters with, you will surely create and leave lasting impressions upon clients, co-workers, colleagues, opposing lawyers, judges, and so many others along the way.

And perhaps the most important thing to remember about reputation is that it takes years to develop a good reputation, but it can be lost or tarnished overnight. Benjamin Franklin said “It takes many good deeds to build a good reputation, and only one bad one to lose it”. Although these words were written 250 years ago, they are just as true today.

Yes, you’ll want to be successful in representing your client, or in a hearing, or perhaps just in getting the client in the first place, or even getting ahead at the firm. The lawyers I know and have seen over the years who have managed to be successful and establish a good reputation have simply shown that they are respectful and can be trusted. Don’t withhold discovery just because it might hurt your client’s case. You can disagree with opposing counsel without being

The following remarks were delivered by Steven C. Laird of Law Offices of Laird and McCloskey at the Second Court of Appeals’ Induction Ceremony for New Members of the State Bar of Texas on October 24, 2022:

disagreeable. Count to ten before hitting “send” if you’re irritated or angry. Don’t be a bully in depositions. Don’t try to threaten someone.

The most reputable lawyers who people respect in this large metropolitan area will all have people saying the same things about them: They represent their clients well; they are decent to deal with; and they can be trusted. You don’t have to be the best lawyer in town to have good reputation. But a bad lawyer will always have a bad reputation.

So try to find one or more mentors. In fact, find as many mentors as you can. They come in all shapes, sizes, and ages. It’s natural to be somewhat intimidated by older lawyers when you’re young or new to the profession. I encourage you to seek out someone who you eventually determine is a lawyer you’d like to talk to occasionally about law, the profession, or anything else for that matter. The point is, if you don’t reach out or attempt to make contacts, you’ll be losing an opportunity. Get involved, and just start asking questions. For example, you may be exposed to and become somewhat of an expert on an area of law you never studied in school. Offer to share that knowledge by writing or speaking on the subject, helping to establish your reputation along the way.

I mentioned judges earlier. For those of you who enter the courtroom, be aware that judges talk to each other about lawyers. Just as importantly, court staff talk to each other and to the judges. And even more so than that, lawyers talk to each other. If you do something underhanded to someone, don’t think that only that one person may be aware of it.

Part of developing a reputation also involves finding a balance between work life and professional life. If the two get out of balance, one or both will start to suffer, and will inevitably affect your reputation. You may have the drive, and perhaps the stamina, to work 60 hours or more a week in the beginning, but develop a balance that lets you enjoy the practice of law. You’ll have self-induced pressure all during your career. If you know you’re doing your best, and being your best, then the outcome will take care of itself.

Years, no—decades, from now you will still remember this day, but you probably won’t remember me. But I do hope you will remember this. Satisfaction will come, along with whatever success you achieve, and your reputation will be a good one if you just give it some thought and care along the way. If you have a question about whether you’re doing the right thing, you need to give it more thought.

So listen now to these words: If you take care of your reputation, your reputation will take care of you.

Congratulations, and welcome to the Bar! g

“ Count to ten before hitting “send” if you’re irritated or angry. Don’t be a bully in depositions. ”

The Tarrant County Bar Association held Four-legged Friday, an event to celebrate Member Appreciation Week. Check out some of TCBA’s members and staff with their pets!

TEXAS LAWYERS FOR TEXAS VETERANS

TARRANT COUNTY CHAPTER

By Sarah Hall Hoffman, Pro Bono Programs Director

Texas Lawyers for Texas Veterans has been hard at work resuming its original programming and expanding its reach in the community.

TLTV was finally able to have our first in-person clinic since February of 2020. With the help of a group of amazing volunteer attorneys and a handful of law students, we were able to provide consultations for ten veterans at the Fort Worth VA Clinic.

TLTV was excited to be able to participate in the Tarrant County Feast of Sharing where we were able to provide information about our program to thousands of event attendees.

The final fall event TLTV was able to participate in was the 12th Annual Tarrant County Homeless Veterans Stand Down. We were able to provide waterproof supplies and information about our programs to hundreds of veterans in the area.

committee or participate in an upcoming clinic, contact Sarah Hoffman at

TLTV’s first in-person clinic since February 2020 was recently held at the Fort Worth VA Clinic.

William Michael Wiist

1954–2022

ichael passed away on Thursday, October 20, 2022, after a short and unexpected illness. He was born July 9, 1954, in Mayaguez, Puerto Rico to William Vernon and Arlene Rae (Thomas) Wiist. He married Veronique Christine Hermans on December 14, 1986, in Berrien Springs, Michigan. Michael was a member of Keene Seventh-day Adventist Church where he served as chair of the finance committee. He volunteered for Alvarado Seventh-day Adventist Church Prison Ministries. He was an attorney and worked for Sawyer Law Firm, LLC for 22 years.

Michael is survived by his wife, Veronique, and was proud Papa to two daughters: Catherine (Wiist) Jessel and spouse,

MJoshua, and Alexandra Wiist and partner, David. He is also survived by his mother, Arlene Rae Wiist; sisters, Linda Knutson and spouse, Deryl, and Debbie Speyer; mother-in-law, Christiane Hermans; brothers-in-law, Eric Hermans and spouse, Diane, Jean-Jacques Hermans and spouse, Shirley, Pierre Hermans and partner, Erla Svava; niece, Kristin Kohley and spouse, Isaac; nephew, Louis Speyer; as well as numerous nieces and nephews on the Hermans side of the family and many beloved relatives and friends.

He was preceded in death by his father, William Vernon Wiist; and father-in-law, Georges Hermans. g

Published on Crosier-Pearson Cleburne Funeral Home website.

Member Benefits Vendor List

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

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 Document Solutions, provides quick, efficient and reliable process service, document scanning, printing, copying and electronic discovery, litigation displays and trial boards. We are available 24 hours 7 days a week at 817.870.0330 or at www.falcondocs.com. Discounts available to TCBA Membership.

Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed material - business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817.577.0572.

Fort Worth Zoo discount tickets - $16.00 adult, $12 for child or senior. For tickets, contact tracy@tarrantbar.org or 817.338.4092.

For IT Help: Juris Fabrilis - Cool Tools for Lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101.

For Shredding and Document Disposal: Magic Shred is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Call 940.783.6580 for details.

Thomson Reuters Exclusive TCBA offer of 15% off new Westlaw subscriptions or upgrades to current subscriptions*, including our latest AI enhanced platform, Westlaw Edge. Please contact your local Account Executive, Ben Galloway, for more information: Ben.Galloway@TR.com. *Restrictions apply, please contact your AE for details. g

Classified Advertising NOTICE

Classified Ads no longer appear in the Bulletin. They can be found on our website at www.tarrantbar.org

Bar Bulletin ▪ November/December 2022

Tarrant County Bar Association 1315 Calhoun Street Fort Worth, TX 76102-6504

ADDRESS SERVICE REQUESTED

If any of your contact information is incorrect, please submit the corrected information to the TCBA office at 817.338.4092, fax to 817.335.9238 or email to tcba@tarrantbar.org.