Tarrant County Bar Association Bar Bulletin (September/October 2022)

PRESIDENT'S PAGE

KAREN DENNEY

President

Fall is traditionally a time of ramping back up, transition, and planning for the coming months. Dependent on your stage in life, you are either sending children or grandchildren back to school or college to start a new school year, adjusting to the new fall sports schedule and trying to figure out how not to schedule out-of-town depositions on game days so you may be able to make at least some of your child’s volleyball games, or realizing you have to start leaving home earlier again because of the traffic created by everyone else dropping their children at school in the morning.

During fall, the TCBA also is preparing for a full season of activities in which its members can participate over the approaching months. The Brown Bag/CLE Committee is scheduling many CLEs for the upcoming year to provide very reasonably priced CLE to TCBA members, primarily taught by our wonderful Tarrant County lawyers. The Holiday Party Committee is in full swing planning the annual TCBA holiday party for December, not to mention the many other TCBA committees, along with the TCBA staff, already hard at work ensuring that all of our regular events (e.g., Docket Calls, luncheons, etc.) come off without noticeable hitches. The Tarrant County Bar Foundation also has its Justice for All Gala on November 4, 2022. This is an event that should not be missed that raises resources to further the mission of the TCBF in funding important community service projects.

In all the melee that is fall, it is hard to not let anything slip through the cracks. However, if you have not already, now is the time to remember to renew, and then actually renew, your TCBA membership to take advantage of all of the TCBA CLEs and other member events available. You can easily renew your membership (and the membership of all the other attorneys in your office) at tarrantbar.org by clicking on the “Explore Membership” tab at the top of the website and then selecting the “Renew Your Membership” option.

You also can join a variety of TCBA committees to contribute your talents to serving other TCBA members and the community. If you have just binge-watched all four seasons of Stranger Things (like my twelve-year-old has over the past several weeks with my husband) and are now just biding time until the next season of Stranger Things comes out, you have some time to join a TCBA committee. My twelve-year-old has advised that the next and final season of Stranger Things is not expected to come out until late 2023. So, you have an entire TCBA bar year of time to spend a couple hours here

and there working on a TCBA committee and contributing to a TCBA event or recurring need while you await finding out how Stranger Things ends. If you are interested in serving on a TCBA committee, please feel free to contact me at karen.denney@haynesboone.com or TCBA’s Executive Director Kayla Dailey at kayla@tarrantbar.org to learn which TCBA committees are lean and could use some assistance.

For those of you who are so swamped that finding an hour here or there would provide you with much-needed sleep and do not have the capacity to serve on a TCBA committee, we hope you will find the time to at least attend one or more TCBA events. Upcoming TCBA events can be viewed at tarrantbar.org by clicking on the “Events and Education” tab at the top of the website and then selecting the “Calendar of Events” option. TCBA upcoming events information also is contained in the Monday email that the TCBA sends to its members.

Whether you are in the category of people who have extra time this fall or are within the group who are not sure how everything will get done this fall without extra hours being added to each day, the coming months, including the holidays, will be here more quickly than any of us expect. My pastor recently preached on Colossians 1:9-13, which focuses on, among other things, being thankful. As I sat in the service, trying not to think of the five work projects I should get done that afternoon so the following week was a little less hectic, his words and the passage sank in. He stated words to the effect of, while we do not have to be thankful for all circumstances, we need to be thankful in all circumstances. Thanksgiving isn’t here yet, but, as the long to-do list continues to grow longer, as do the work hours, being thankful for the small things that occur is important. For example, getting a case resolved that was set on a four-week trial docket that encompassed your children’s spring break is an outcome about which to be thankful.

We definitely can be continuously thankful throughout the year for small and big things. We all can be thankful for the abilities we have been given, the wonderful legal community in which we practice, and how we can serve our clients and the general community around us through our legal or other talents. Always remembering to be thankful for these gifts helps us during times of transition, like the fall, keep everything in proper perspective.

YLA SNAPSHOT

GARDINER

2022–2023 TCYLA President

Ihave said multiple times

to people I first meet, “I have never lived a day outside of Tarrant County, so why would I start now?”

What can come off as a tongue-in-cheek quip is actually a statement of pride. I truly feel blessed to be part of such an amazing county, city, and legal community. As the President of the Tarrant County Young Lawyer’s Association, I am eager to utilize my role to help give back to the county that has afforded me so much.

Serving on the board for nearly six years, I do not envy those before me, more especially the last two Presidents, Andrea Palmer and Brian Singleterry, who have had to deal with the pandemic. Despite shutdowns and waning attendance as well as a membership dip over the last two years, they have shown resilience and grace while so much is in flux. Fortunately for me, we are returning to some normalcy of past times. Just a few months ago, we had our first Spring Fiesta in two years with a great turnout. We established a softball team. We have had multiple volunteer events. Our membership is returning to near pre-pandemic levels. Their hard work during these times have provided me with momentum to propel any aspirations and initiatives I envision for this next year.

I also attended the Texas Bar Leaders Conference held at the end of July in Houston for the first time in two years. Attending this conference for my second time was quite different than attending it three years ago as the Secretary/Treasurer. My responsibility weighed heavier on me this go-round and I was inspired by the leadership and ideas of my peers and fellow bar leaders. Since attending with two other board members, Elizabeth Haslam (President-Elect) and Ola Campbell (Director), we have hit the ground running on the new initiatives we have in mind for the 2022–23 year. With the returning and newly installed board members, I believe we have all the tools we need to succeed.

Initially, I will be working on these new initiatives:

1. Meet Young Lawyers Where They Are – Many of us have a Facebook. Our organization has one, the State Bar has one, even my grandmother has one. It has been a great tool that we will continue to build upon in this next year to become more interactive on our social media, but the youngest members of our bar are opting-out on this form of social media. To appeal to

our younger members and law students, I have just created an Instagram account for our organization and encourage everyone with an Instagram to follow it: @TarrantYoungLawyers. This will be used in conjunction with our Facebook account.

As Gen Z joins our profession, they have overwhelmingly been using one of the newest forms of social media: TikTok. I will be the first to admit that I do not have a TikTok and may have used the words “kicking and screaming” to describe when I will get it. With that being said, it is important for us to meet and identify with those joining our ranks. If you have a TikTok, feel free to join the fun and follow us under the same handle as our Instagram: tarrantyounglawyers.

2. Reaching the Youth Early and Often: Law-Related Education – As a first-generation lawyer, I did not have any exposure to the legal profession prior to my undergraduate education. I had zero connections with the legal field. The Texas State Bar invests in students from elementary to high school with their Law-Related Education Department to advance law related and civic education throughout the state through curriculum development and educator training. I have started to reach out to our local school districts and have made it a mission for members of our organization to meet with students of all ages to support this program, while simultaneously introducing children to our profession. I want to ensure school-aged children have contact with our profession, to ask questions, and to give back to schools that provided children like me the building blocks to educational success.

3. “Cast” a Wider Net – One of the most exciting ideas I plan to implement is a Tarrant County Young Lawyers “President’s Podcast.” There are a few legal-related education podcasts out there, but not very many focus on the young lawyer perspective. I plan to join the ranks of those and start a new podcast series that span topics from the “101” of different practice areas, tips and tricks for young lawyers, what I wish I knew in law school, among others. Stay tuned for where to find and listen to this.

In closing, I am excited and motivated on these new items and look forward to serving our county and community, as well as continuing the current projects and activities we provide. I would like to thank our Immediate Past President, Brian Singleterry, for leading this group from the past year to a widely successful term by all measures. It has been an honor to receive the baton from an outstanding leader, and I hope I can continue building on our success over the next twelve months. g

Members of the 2022-2023 100 Club

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

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.

The Second Court of Appeals

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.

By Derek Carson, Brown Bag Committee Chair

Every year in September, the Tarrant County Bar Association kicks off its monthly Brown Bag Seminar Series. The name of the series is a nod to the sack-lunch vibe that characterizes the seminars, each of which typically begins around lunchtime on the fourth Friday or so of the month. (We’ve since upgraded to boxed lunches!)

As part of this series, the TCBA provides monthly CLE seminars on various topics of interest to the local bar. Sometimes the monthly topic is based on a substantive area of the law, such as real estate or health law. Other times the monthly topic is focused on a specific area of practice, such as appellate or federal litigation. Some of the most popular monthly topics have revolved around themes, such as “developing areas in the law” or “hot topics in litigation.”

As chair of the Brown Bag committee, I volunteer alongside an excellent team of Tarrant County lawyers who help plan the monthly events by selecting the topics and securing quality presenters. Our aim is to provide the members of the local bar with interesting, high-quality CLE content each month. One way that we do that is by recruiting some of the most skilled and knowledgeable jurists in Tarrant County to present at the monthly seminars. We also seek to provide a wide array of speakers and topics so that as many people within the bar as possible feel included and represented.

If you have interest in helping us plan the monthly Brown

Bag events, please consider signing up to be on the committee. I also encourage you to attend as many of the Brown Bag Series Seminars as you can, as well as the other CLE events that the TCBA hosts. The seminars present a great opportunity to meet and visit with fellow practitioners, judges, and our wonderful TCBA staff. g

SAVE THE DATE

TARRANT COUNTY

By Lauren St. Clair, Membership Director

There’s no better time to renew your TCBA membership and get involved with the TCBA! The new bar year began on July 1 and your TCBA section and committee chairs have been hard at work planning upcoming events and seminars for the program year.

As committees and sections are busy planning, now is the best time to get involved with the TCBA. Between the TCBA’s 18 substantive law sections and 24 committees, there’s a place for you to get plugged in. To join a section, simply login to your MyTCBA portal and update your subscriptions. If you are interested in joining a committee, you can fill out the committee volunteer form at tarrantbar.org/CommitteeVolunteerForm. If you have any questions about joining a TCBA section or committee, please feel free to contact me at laurensc@tarrantbar.org.

In August, the TCBA welcomed the Texas A&M School of

Law 1L students as well as Tarrant County judges and attorneys with a meet-and-greet breakfast event, celebrated the outstanding court staff of Tarrant County with an awards reception at the City Club, and partnered with the Tarrant County Criminal Defense Lawyer Association for a Docket Call Social at the T & P Tavern.

We hope to see you at one of our upcoming events and be sure to renew your TCBA membership if you have not already! Don’t forget—TCBA members have access to free and reduced-rate CLE, 24/7 access to our CLE On Demand catalogue, exclusive networking opportunities, and legal news and updates through weekly emails and the Bar Bulletin. If you are unsure of your current membership status, please send me an email at laurensc@tarrantbar.org and I would be happy to help.

School Of Law Announces Scholarship Honoring Aggie Judge

By Texas A&M University School of Law

During the Texas A&M University System Board of Regents’ most recent meeting, held in Fort Worth in May, Chancellor John Sharp announced the creation of an Endowed Dean’s Scholarship honoring Judge David L. Evans ’71, Presiding Judge of the Eighth Administrative Judicial Region of Texas and former judge of the 48th Judicial District Court in Tarrant County. The new Texas A&M University School of Law scholarship seeks to honor Judge Evans’s dedication to the legal profession, professional integrity, and pursuit of justice and will be awarded to qualified students at the School of Law who embody these characteristics.

“A True Aggie, Judge Evans exemplifies exactly the characteristics we aspire to see in our students, in our graduates, and in our lawyers and leaders as a whole,” said Dean Robert B. Ahdieh. “I’m hopeful this new scholarship offering will help us attract to Texas A&M future attorneys who will advance the Rule of Law and give back to their communities in all the ways that Judge Evans has.”

Judge Evans is a proud third-generation Aggie and a former member of the Corps of Cadets. After graduating from Texas A&M University in 1971, he served in the United States Army before attending Baylor University Law School and receiving his law license in 1978. Judge Evans spent more than two decades in private practice before becoming a judge in 2003. He is board-certified in Civil Appellate Law and Civil Trial Law, served as a director of the State Bar of Texas, served as chair of the Commission for Lawyer Discipline and as vice chair of the Texas Board of Legal Specialization, served as president of the Tarrant County Bar Association, is a sustaining charter fellow and past director of the Tarrant County Bar Foundation, and is a sustaining life fellow and past board member of the Texas Bar Foundation. He is also a member of the Supreme Court of Texas Advisory Committee, the Eldon B. Mahon Inn of Court, and the Texas A&M University School of Law Dean’s Advisory Council, and he is a recipient of both the Distinguished Aggie Lawyer Award and the Texas A&M University School of Law’s Excellence in Judicial Leadership Award.

Esteemed colleagues including Governor Greg Abbott, Senator John Cornyn, and Chief Justice Nathan Hecht shared personal messages of congratulations and commendations for Judge Evans during the scholarship announcement, all noting his work in judicial and legal communities across the state. Governor Abbott said of Judge Evans, “Throughout your career, you have remained steadfast in your pursuit of justice

and unwavering in your mission to increase trust in the judiciary,” and through this scholarship “[y]our legacy will live on in the lives of law students for generations to come.”

In receiving this special honor, Judge Evans expressed his gratitude and noted that “[t]here’s not an Aggie that I have met that hasn’t helped me or offered to help others that I know. It is just in the DNA of who we are, as Aggies and as lawyers— to serve. I am humbled beyond words to have this scholarship and help law students pursue their careers in a meaningful way.”

The endowed scholarship has already attracted tremendous interest, and over 60 lawyers and law firms from across the state have committed their support. If you would like more information about the scholarship and/or would like to donate, please contact Ms. Myke Holt with the Texas A&M Foundation at 817.212.4061 or 214.674.1308 or at mholt@txamfoundation.com. Special thanks to those who helped spearhead the creation of the scholarship, especially United States District Judge Mark Pittman ‘97 and Neal Adams ’68. g

RISK-TAKING CAN BE FUN...

Family Law Claim*

By Ryan Scharar, Fort Worth Business & Estate Section Chair

& ESTATE SECTION

Since 1949, the Fort Worth Business & Estate Council (FWB&EC), operating as a section of the Tarrant County Bar Association (TCBA), has served as a forum for attorneys, accountants, life underwriters, financial planners, and trust representatives in the field of estate planning to foster meaningful relationships and intelligent conversations on topics relevant to our members. Our section keeps members abreast of laws and conditions affecting businesses, provides timely economic and regulatory updates, and enhances learning opportunities in areas such as tax compliance and planning, the use of insurance as a planning tool, and current developments in estate planning, drafting and administration. We encourage our members to engage in new learning opportunities and make new connections that will increase each of our abilities to deliver exceptional services to the public.

To this end, your 2022–23 FWB&E section officers have been hard at work planning a dynamic and engaging slate of speakers to continue FWB&E’s tradition of high-quality continuing education. FWB&EC traditionally hosts six (6) in person continuing education luncheons at the City Club of Fort Worth on the third Thursday of the month. We kicked off our speaker series on September 22 by hosting a joint meeting with the Fort Worth Chapter of the Texas Society of CPA’s and heard from a panel led by Mike Bourland on Hot Topics in Estate Planning.

Going forward, our monthly member luncheons, graciously

Submit a Substantive Law

Bulletin for

OFFICIAL PUBLICATION OF THE TARRANT COUNTY BAR ASSOCIATION

sponsored by local companies, are scheduled for the following dates: October 20, 2022, November 17, 2022, January 19, 2023, February 16, 2023 and March 16, 2023. Please mark your calendars and plan to join us at an upcoming meeting and take advantage of the opportunity for increased professional engagement and networking before and after the events. FWB&EC is always looking for speakers, topics, and sponsors to contribute to the depth and breadth of our section so if you or someone you know would like to contribute, please reach out!

Section leadership for the current bar year includes: Ryan Scharar (Chair), Christina Kutej (1st Vice Chair), Colby Van Sickler (2nd Vice Chair), Michael Appleman (Secretary), Justin Lauderdale (Treasurer) and Lindsay Daniel (Immediate Past Chair). On behalf of the TCBA and my fellow section leaders, we want to acknowledge the hard work and job well done by Lindsay Daniel over the past year. Her contributions to the success of our section, combined with her leadership during the COVID-19 pandemic, are very much appreciated and we look forward to her continued support of the section. Also, thank you to the hard-working and dedicated TCBA Staff for their continued support of the section.

If you’re looking to get involved in the TCBA please reach out and join us for an upcoming meeting. You can email our TCBA Staff Liaison, Tracy Card, at tracy@tarrantbar.org with any questions. g

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

Please submit queries or articles to elizabeth@tarrantbar.org.

Your work will be fully attributed to you, the author.

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.

Tarrant County Volunteer Attorney Services

By Sarah Hall Hoffman, Pro Bono Programs Director

Consider Joining the TVAS Committee

If you are looking for a way to get involved in the pro bono programs, consider joining the TVAS Committee which meets the last Monday of each month, from 12:00 p.m. to 1:00 p.m.

When asked why he volunteers with TVAS, our current CoChair Joshua Ross (Cantey Hanger LLP), stated “There is so much need out there, and even a small amount of professional time invested on behalf of the clients can make a world of difference in their lives.”

So far this year TVAS has hosted an Uncontested Divorce Clinic, a Guardianship Clinic, another Gatehouse Wills Clinic, and partnered with TLTV to host another successful Heroes Wills Clinic. An ongoing way to volunteer is to sign up for the Legal Resource Center as True Worth Place Day Shelter. There are so many ways to volunteer with TVAS, contact sarah@tarrantbar.org for more information!

CONSIDER

Sponsoring

A CLINIC!

Contact sarah@tarrantbar.org for more details.

Tarrant County Bar Foundation Receives 2022 Deborah G. Hankinson Award

Harriet Miers, Chair of the Texas Access to Justice Commission, presented the Deborah G. Hankinson Award to the Tarrant County Bar Foundtation on behalf of the Commission during this year's Local Bar Leaders Conference.

The award honors local bar associations and young lawyer affiliates that demonstrate a commitment to access to justice in their communities and to raising financial support for legal service providers on a local and statewide basis.

The Tarrant County Bar Association was selected for launching, developing, and sustaining numerous pro bono programs, which include working with the Legal Resource Center serving the homeless and low-income communities, working with the Texas Lawyers for Texas Veterans program, which provided over 1,000 hours of pro bono representation, and collaborating with Legalline, helping almost 1,000 residents with their legal issues in the last year. g

The Texas Access to Justice Commission was created in 2001 by the Supreme Court of Texas to develop and implement policy initiatives designed to expand access to and enhance the quality of justice in civil and legal matters for low-income Texans. For more information, visit www.texasatj.org.

Looking for ways you can support TVAS but unable to volunteer?

From Left: Kayla Dailey (TCBA/TCBF Executive Director) and Harriet Miers (Chair of the Texas Access to Justice Commission)

TAX AND ESTATE PLANNING SECTION

Ready, Set, Go!

As Chair of the Tax & Estate Planning Section, welcome to all Bar members on behalf of the Tarrant County Bar Association for this 2022–2023 membership year!

The Tax & Estate Planning Section exists within the Tarrant County Bar Association to provide specialized services to those members who engage in the practice of law in the areas of Tax & Estate Planning. The general purpose of our Section is the promotion of educational events within these respective fields of law.

Formed in February, 1998, the Tax & Estate Section currently hosts monthly luncheons for the Roy Adams teleconferences through the Cannon Financial Institute. This teleconference series is a live monthly discussion on Tax, Wealth Management and Estate Planning topics with an accompanying written outline to guide participants. The benefits of the teleconferences are that members keep current with today’s Estate Planning legalities as well as meet continuing learning and education requirements. The teleconferences may be viewed in-person at the Bar office, or virtually in the comfort and enjoyment of a member’s office/home.

The Tax & Estate Planning Section also provides several ways for members to get involved in the overall activities of the Bar Association. First, the Section is planning to host an annual continuing legal education event to teach Bar members about comparative topics in the Texas Estates and Trust Codes. The Section is looking for attorneys interested in preparing an outline and presenting a lecture on such topics. If you

Legal

By Kathy Roux, Tax and Estate Section Chair

are interested, please contact Kathy Roux at 817.874.8877 or kathy@kathyrouxlaw.com, or Tracy Card at 817.338.4092 or tracy@tarrantbar.org for more details.

Second, an important Section goal is to increase membership. Although small yet fierce, there’s always room for growth, and everyone belongs. Diversity, equity, and inclusion make us stronger. Encourage all the members of your law firm to join the Section. Those firms with 100% participation for these practice areas will receive recognition in the Bar Bulletin

Third, the Section hopes to also focus on our members’ health and competitive spirit by sponsoring its first 1-mile fun run, 3K and 5K for all Bar members. The Section is looking for sponsors, and will need members to help organize and promote this event.

Fourth, to promote comradery, entertainment, and networking, the Section plans to host regularly scheduled mixers. If you would like to sponsor a mixer, please contact Kathy or Tracy.

The Bar wants your input to develop a better and stronger Section that supports your practice and interests. Further communications from the Section will be sent through the Section’s e-Community so members should make sure to log in the Bar’s website and familiarize yourself with the Section’s e-Community. There you will find a calendar of events, relevant written materials, and announcements about Section activities and Bar activities. Let’s finish strong!!! g

By Sarah Hall Hoffman, Pro Bono Programs Director

Volunteer for Remote LegalLine!

Do you have 2 hours that you can commit on a Thursday night to assist those that need legal advice in your area of expertise? LegalLine needs attorneys in

Sue Allen John Barnes

Ola Campbell

Julie Camacho

Andrea Casanova

all areas of law. Thank you to all the attorneys who have volunteered in the last two months. If you want to know more about volunteering, email sarah@tarrantbar.org.

TO THOSE WHO VOLUNTEERED FOR LEGALLINE

John Corbin

Rashelle Fetty

Linda Gregory

Wendy Hart

Dustin G. Hoffman

Bryce King

Merrit Klapperich

Eric Labovitz

Cynthia Maragoudakis

Mike McBride

Colin McLaughlin

Gary Medlin

C.D. Peebles

David Pritchard

Hannah Recker

Karon Rowden Melissa Sircar

The Tarrant County Bar Foundation announces Kleber C. Miller

Award

The Tarrant County Bar Foundation is pleased to announce Kleber C. Miller as the recipient of the Foun dation’s 2022 Lifetime Community Service Award. We are honored to bestow this award to such a legendary and beloved member of our community.

Following his service in the U.S. Navy during World War II, Mr. Miller graduated from the University of Texas School of Law in 1951 and has been practicing for over 70 years. Mr. Miller has donated countless hours to legal and nonprofit community organizations for which he has earned many awards, including the State Bar of Texas Presidential Citation and Outstanding Fifty-Year Lawyer Award and the Tarrant County Bar Association’s Blackstone Award. The Foundation will share more about Mr. Miller’s significant and enduring contributions to our community in future announcements.

We look forward to formally presenting the Foundation’s Lifetime Community Service Award to Mr. Miller and celebrating his dedicated and distinguished service to the citizens of Tarrant County at the “Justice for All Gala” on November 4, 2022.

Kearney,

& Davis,

Brackett & Ellis,

Frost Bank

Higginbotham Insurance Agency,

Sanders,

Law

Law

TARRANT

BAR

Rebecca K. Eaton, 2022 TCBF Chair Kearney, McWilliams & Davis, PLLC reaton@kmd.law

As we near the fourth quarter of 2022, the Foundation is excited to make a number of announcements and to report on the Foundation’s progress in achieving its 2022 initiatives.

FOUNDATION ANNOUNCEMENTS

“JUSTICE FOR ALL” GALA

Š Individual Ticket Sales Opened September 6, 2022. All tickets include dinner, open bar, live music by Coffey Anderson, and access to the silent and live auctions.

Š Sponsorship Opportunities.

We only have TWO Premier Sponsorship Packages left! If you wish to be a sponsor of the 2022 Gala, act soon to ensure that you are recognized in Bar publications and announcements, the Gala program, and other marketing materials.

Š Lifetime Community Service Award.

The Tarrant County Bar Foundation is pleased to announce Kleber C. Miller as the recipient of the Foundation’s 2022 Lifetime Community Service Award. We are honored to bestow this award to such a legendary and beloved member of our community.

RECENT FOUNDATION GRANTS

Š $10,000 Grant to Pathfinders’ Veterans Program. The Foundation recently awarded a $10,000 grant to Pathfinders’ Veteran Program, which assists veterans reintegrate into civilian life through a variety of programs that promote self-sufficiency, including mentoring, financial coaching, and employment planning.

Š $3,500 Grant to Tarrant County Court-Appointed Special Advocates (CASA).

The Foundation also awarded a $3,500 grant to CASA of Tarrant County to recruit and train 200 new advocates in 2022 to serve a growing number of children removed from their homes for child abuse and neglect (which, as of May 2022, had increased by 171% compared to May 2021). CASA expects this grant to provide 600 new CASA volunteers who will serve 1,200 children in 2022.

REPORT ON 2022 INITIATIVES

Earlier this year, the Tarrant County Bar Foundation

announced three initiatives for 2022. While the Foundation has made tremendous headway toward our goals, with your support in a few key areas, the Foundation could end 2022 by setting new standards for pro bono and community outreach in Tarrant County.

INITIATIVE NO. 1: THE FOUNDATION’S SECOND “JUSTICE FOR ALL” GALA

Š

Progress: As of September 27, 2022, the Foundation has received approximately $110,000 in sponsorships for the 2022 Gala. We hope to raise at least $165,000 through sponsorships and another $87,000 through ticket sales and silent and live auctions.

Š How Can You Help? The Foundation would be grateful for your Gala sponsorship or ticket purchase (individual ticket sales began September 6). Additionally, if you have an item that you wish to donate to the silent or live auction, please contact Kayla Dailey at kayla@tarrantbar.org.

INITIATIVE NO. 2: WELCOMING AT LEAST 100 NEW FOUNDATION FELLOWS

Š Progress: As of August 31, 2022, the Foundation’s Fellowship Committee extended invitations to 150 Tarrant County attorneys who were nominated to become a 2022 Fellow of the Foundation.

Š How Can You Help? Accept your nomination. Meeting our goal will not only bring new energy to the Foundation, it will also result in at least $12,000 in additional annual revenue, enabling the Foundation to meet even more legal needs in the community.

INITIATIVE NO. 3: REVIVING LAPSED FELLOWSHIP COMMITMENTS

Š

Progress: The Foundation has revived and collected over $14,000 in fellowship commitments that lapsed either prior to or during pandemic.

Š How Can You Help? If you are behind on your fellowship commitment, please reach out to Kayla Dailey at kayla@tarrantbar.org. We have a number of options for resuming your commitment.

ABOUT THE TARRANT COUNTY BAR FOUNDATION

With the support of the Tarrant County Community, the Foundation is able to serve Tarrant County residents through a variety of pro bono and community service programs—some that the Foundation provides directly through legal volunteers and others that the Foundation collaborates with and supports

financially.

PRO BONO AND COMMUNITY SERVICE PROGRAMS PROVIDED DIRECTLY BY THE FOUNDATION

Š LegalLine – offering free advice to Tarrant County residents twice a month through local volunteer attorneys.

Š

Tarrant County Volunteer Attorney Services – holding free legal clinics for Tarrant County residents on a variety of issues including family law, divorce, and wills and estates.

Š Texas Lawyers for Texas Veterans – providing free legal assistance to veterans and spouses of deceased veterans, who otherwise could not afford counsel, through legal clinics and a network of pro bono lawyers and volunteers.

Š

People’s Law School – holding free legal seminars taught by local volunteer attorneys, judges, and professionals on common legal issues including family law, wills and estates, buying a home, property tax, consumer matters, and social security and Medicare.

Š The Elder Law Handbook – providing information about legal issues that affect the elderly.

COMMUNITY PROGRAMS THAT TCBF COLLABORATES WITH AND SUPPORTS FINANCIALLY

Š ACH Family and Child Services – providing children and families struggling with life challenges with a continuum of care and resources including crisis intervention, foster care and adoption, family services, residential services, and community-based care.

Š Gatehouse – giving a hand up to goal-oriented women working to overcome hardships by equipping them to create a foundation for permanent self-sustainability.

Š Pathfinders’ Veteran Program – helping veterans reintegrate into civilian life and find a path towards self-sufficiency through mentoring, financial coaching, employment/career planning.

Š Presbyterian Night Shelter – providing safe shelters and warm meals to the homeless while simultaneously helping to break the cycle of homelessness through housing assistance, support services, and employment opportunities.

Š Tarrant County Court Appointed Special Advocates Program (“CASA”) – advocating for abused and neglected children who have been removed from their homes.

Š Union Gospel of Tarrant County – providing love, hope, respect and a new beginning for the homeless in Tarrant County. g

Blaies & Hightower, LLP

Bourland, Wall & Wenzel, P.C.

Duane Morris LLP

Kelly Hart & Hallman LLP

Kirkman Law Firm, PLLC

Myers Shaw, Attorneys at Law Patterson Law Group

Pham Harrison, LLP

Law Office of Lex Johnston, PC Wick Phillips Texas A&M University

Cantey Hanger LLP

Harris, Finley & Bogle, P.C.

Haynes and Boone, LLP

Law Offices of Jason Smith Ward Law Firm

Watson, Caraway, Midkiff & Luningham, L.L.P.

From Left: Mark Blake, Signora Lott, Renea Lopez, Rhonda Young, Cheryl Lopez, and Haley Milam

Civil and Criminal

by Judge Bob McCoy g County Criminal Court No. 3

ASK JUDGE BOB

Judge Bob, what are “the correction instrument statutes”?

These statutes permit the use of correction instruments to make both material and nonmaterial corrections under certain circumstances, including the conveyance of addition separate properties, in, for example, deeds to property.

Endeavor Energy v. Trudy Anderson Trust , 644 S.W.3d 212, 219 (Tex.App.—Eastland 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)

Before you criticize a man, walk a mile in his shoes. That way, you will be a mile away and he won’t have any shoes.

DANES’ QUOTE OF THE MONTH

It is a terrible thing for an old woman to outlive her dogs.

—Tennessee Williams, Camino Real

DOG LAW

This is the first of a three-part discussion concerning “Lillian’s Law” found in section 822 of the Texas Health and Safety Code.

The genesis of this law was a 2005 incident wherein 76-yearold Lillian Stiles was killed by several large dogs in her front yard, and wherein the dog’s owner was found to have not been criminally negligent, resulting in her family’s members urging the legislature to “beef up” Texas’ dog bite laws. In the next issue we will discuss the results of their effort.

CRIMINAL ITEMS OF INTEREST

1. Witnesses

The fact-finder is responsible for judging the credibility of witnesses and may find credible all, some, or none of the testimony that the witnesses give.

Romano v. State, 610 S.W.3d 30 (Tex.Crim.App. 2020).

2. Attorney Malpractice: Limitations

“When an attorney commits malpractice in the prosecution or defense of a claim that results in litigation, the statute of

limitations on a malpractice claim against that attorney is tolled until all appeals on the underlying claim are exhausted or the litigation is otherwise finally concluded.”

Zive v. Sandberg, 610 S.W.3d 44 (Tex.App.—Dallas 2020).

3. Effect of Reversal on Appeal

The general rule that an appellate reversal favoring an appealing party does not justify reversing the judgment as to other parties who did not appeal. But there is an exception to that rule when the rights of the appealing and non-appealing parties are so intertwined or dependent on each other as to require the entire judgment be reversed.

Zive v. Sandberg, 610 S.W.3d 44 (Tex.App.—Dallas 2020).

4. Ineffective Assistance of Counsel

“To prevail on a claim of ineffective assistance of counsel, a defendant must demonstrate two things: deficient performance and prejudice.” An appellant “bears the burden of proving by a preponderance of the evidence that counsel was ineffective.”

Vega v. State, 610 S.W.3d 79 (Tex.App.—San Antonio 2020).

5. New Trial

A trial court properly grants a new trial when the defendant (1) articulates a valid legal claim in his motion for new trial, (2) produces evidence or points to evidence in the trial record that substantiates his legal claim, and (3) shows that he was prejudiced.

Hernandez v. State, 610 S.W.3d 106 (Tex.App.—Houston [14th Dist.] 2020).

6. Extraneous Offenses

Extraneous offenses may not be received into evidence unless and until there is a clear showing that: (1) the evidence of the extraneous offense is material, i.e., going to an element of the offense charged in the indictment or information, (2) the accused participated in the extraneous transaction being offered into evidence, and (3) the relevancy to a material issue outweighs its inflammatory or prejudicial potential.

Inthalangsy v. State, 610 S.W.3d 138 (Tex.App.—Houston [14th Dist.] 2020).

7. Expert Testimony

In fields of study outside the hard sciences, i.e., behavioral sciences and psychology, we apply the more flexible Nenno test to evaluate reliability: “(1) whether the field of expertise is a legitimate one, (2) whether the subject matter of the expert’s testimony is within the scope of that field, and (3) whether the expert’s testimony properly relies upon and/or utilizes the

Judge Carey Walker, County Criminal Court

Noah

Moses

Snippets

principles involved in that field.”

Wells v. State, 611 S.W.3d 396 (Tex.Crim.App. 2020).

CIVIL ITEMS OF INTEREST

1. Service on a Financial Institution

Here, the text of section 17.028 [TCDRC] requires service on a financial institution’s “registered agent,” and the text of other statutes establishes that the Secretary [of State] is not a “registered” agent.

U.S Bank National Association v. Moss., 644 S.W.3d 130, 136 (Tex. 2022).

2. Negligence/Duty

Courts may not hold people to very general duties of exercising ordinary care in all circumstances. “Texas law requires the court to be more specific, to balance the relevant factors in determining the existence, scope, and elements of legal duties.”

Elephant Ins. Company, LLC v. Kenyon, 644 S.W.3d 137, 145 (Tex. 2022).

3. Good Samaritan

“Texas law imposes no general duty to ‘become [a] good Samaritan.’” A voluntary undertaking gives rise to liability for physical harm if the actor fails to exercise reasonable care in performing the undertaking.

Elephant Ins. Company, LLC v. Kenyon, 644 S.W.3d 137, 151 (Tex. 2022).

4. Attorney Malpractice

“When an attorney commits malpractice in the prosecution or defense of a claim that results in litigation, the statute of limitations on the malpractice claim against the attorney is tolled until all appeals on the underlying claim are exhausted.”

Unlike the legal-injury rule and discovery rule, which affect when a claim accrues, Hughes tolling is an equitable doctrine that tolls the running of limitations from the date of accrual through the date all appeals are exhausted.

Zive v. Sandberg

5. Restrictive Covenants

Restrictive covenants are contracts that run with the land, and are “subject to the general rules of contract construction.” Jbrice Holdings v. Wilcrest Walk Ass’n, 644 S.W.3d 179, 183 (Tex. 2022).

6. Mootness

When a case becomes moot on appeal, a court must vacate any previously issued order or judgment associated with it. Dismissing a case for mootness typically does not include vacatur of the court of appeals’ opinion

Tex. Dep’t of Family & protective v. N.J., 644 S.W.3d 189, 192 (Tex. 2022).

LEGAL QUOTE OF THE MONTH

The law: It has honoured us; may we honour it.

—Daniel Webster

TRADITIONAL IRISH LAW

When fleeing from an enemy, you may borrow a horse, a weapon, or a boat without permission of the owner.

OLD NEWS

Diamonds for the Multitudes

Zale Corp. would later say that its founder, Morris (M.B.) Zale “did for the jewelry business what Henry Ford did for the automobile Industry -- he made his product available to the average American.” Starting March 29, 1924, with a store in Wichita Falls, Russian immigrant Morris Zale and brother William made sure that their fine diamond and gold jewelry

TEXAS LAWYERS FOR TEXAS VETERANS TARRANT COUNTY CHAPTER

By Sarah Hall Hoffman, Pro Bono Programs Director

HEROES Wills Clinic for Veterans

Texas Lawyers for Texas Veterans (TLTV) and Tarrant County Volunteer Attorney Services (TVAS) partnered to provide the first Heroes Wills Clinic of 2022. This clinic provides veterans, spouses of veterans, and spouses of deceased veterans simple wills and end of life planning documents. By partnering together, the clinic is able to offer assistance to a wider pool of veterans.

We had several attorneys volunteer to assist five veterans and one spouse of a veteran with estate plans. When asked about their experience with the clinic, an Army Veteran and his wife stated, “The process was so easy, and we will recommend this service to other veterans and their spouses.” TLTV and TVAS received a thank you note from the couple a few days after their will signing ceremony, which is pictured below, thanking the programs for assisting them.

A Navy veteran who participated in the clinic stated, “It was simple to understand and fill out the paperwork, and I am relieved to finally have this done.”

Thank you to all of the attorneys who volunteered to assist. There are many ways to get involved with TLTV clinics including assisting with consultations or taking a case. Thank you to all of the attorneys who assisted with our June and July Clinic.

Champlin

Clinic

Volunteers

Corbin

Watson

Sam Birnbach John Corbin

Katherine Kim Deborah Krane Mike McBride

George Muckleroy David Pritchard

Karon Rowden

Melissa Sircar George White

Brittany Allen-Brantley

Sam Birnbach

Robert Boudreau

The Eldon B. Mahon Inn of Court: Who We Are and What We Do

Justice Elizabeth Kerr, Second Court of Appeals

2022–2023 Eldon B. Mahon Inn of Court President

n 2023, the Eldon B. Mahon Inn of Court will celebrate its 30th year, and I’m honored to be the Inn’s president during the run-up to such a milestone. Because the Tarrant County legal community has grown by leaps and bounds in recent years, I wanted to give TCBA members—especially those newer lawyers—a short overview.

The Mahon Inn is one of the nearly 400 American Inns of Court created since the mid-1980s. Dedicated to professionalism, ethics, civility, and excellence, the Inns exist to advance the rule of law by striving for the highest level of professionalism through example, education, and mentoring. The American Inns of Court sprang from discussions in the late 1970s between English and American lawyers and judges, including Chief Justice of the United States Warren E. Burger. The Inns of Court system itself dates from the Middle Ages and long functioned as the exclusive means by which English common law was taught. Even today, all barristers in England and Wales must belong to one of London’s four Inns.

In 1995, two years after its founding as American Inn Number 184, our Inn adopted the name of United States District Judge Eldon B. Mahon (1918–2005) to recognize his efforts in founding the Inn and his commitment to professionalism. Over time some two dozen of our members have been selected to the honorary Serjeant’s Inn, which recognizes lawyers who have provided distinguished service to a local Inn and the American Inns. Several of our emeritus members are also James B. Barlow Emeritus Fellows, an award honoring those who exemplify the late Jim Barlow’s unparalleled devotion to legal advocacy and to the Mahon Inn. Past presidents of the Inn have included local state and federal judges and many highly respected Tarrant County practitioners such as our immediate past president, J. Warren St. John.

The invitation-based Inn comprises several levels of membership depending on years of experience: Masters and Emeritus Masters (15+ years), Barristers (4–15 years), Associates (1–4), and Pupils (law students—because we aim to instill professionalism and camaraderie early!). At the beginning of each Inn year, out of our 80-plus active members small “pupilage” groups are formed that include at least one judge and someone from each experience level; these groups sit together at our dinners. In this way, friendships and mentoring can flourish among those who might not otherwise regularly cross paths. The typical Inn year sees six dinners with speakers on various topics, as well as one or two purely social events. Masters are encouraged to occasionally meet informally with their pupilage groups to share war stories, swap practice ideas, or simply get to know everyone better.

Although the Mahon Inn’s early focus was on trial and

Iappellate practitioners, over the years we have broadened our reach and are proud of our efforts to diversify the Inn by practice areas and every sort of background—the common thread always being our commitment to promoting excellence and civility. And times being what they are, I’m sure I speak for all in saying that our deliberate nonpartisanship is one of the things that drives our true collegiality, fosters our mentorship activities, and encourages respect for our legal system.

The Mahon Inn’s principal community-service project is hosting an annual mock-trial competition for area high schools, exposing participating students to procedure, evidence, and the actual courtroom. This competition is planned and overseen by our Inn’s mock-trial committee, which had most recently been expertly chaired by Katie Owens but whose Inn term has now expired. Begun less than ten years ago by former Inn president Justice Lee Gabriel with an invaluable assist from Kelly Hart’s Marianne Auld, this competition has become a huge success. Our members judge the rounds and give feedback to the students, whose time commitment and diligence consistently impress.

The other 2022–23 officers are our Counselor Thomas Williams of Haynes & Boone; Treasurer Josh Burgess, Judge of the 352nd Judicial District Court; and Secretary Katie Carr Jacobs of the U.S. Attorney’s Office. This year’s executivecommittee members at large are Philip Lamsens, Brett Boone, and Judge Megan Fahey of the 348th Judicial District Court. Trey Loftin chairs our programs committee, assisted by Katie Jacobs; Counselor Tom Williams also serves as membership chair.

We in leadership look forward to advancing the Inn’s purposes and getting to know our incoming members—and we welcome inquiries from those who seek an invitation to join next year.

When I began practicing in 1984, Fort Worth’s legal community was small and thus naturally collegial. Now, with so many lawyers practicing here, the Mahon Inn presents a unique organizational opportunity within which to exhort one another to honor and uphold the oath all Texas lawyers take: “I do solemnly swear that I will support the Constitutions of the United States, and of this State; that I will honestly demean myself in the practice law; that I will discharge my duties to my clients to the best of my ability; and that I will conduct myself with integrity and civility in dealing and communicating with the court and all parties. So help me God.”

Whether you are or were part of the Mahon Inn, or are interested in exploring membership, I invite us all to remember the spirit of that oath—and to toast the Constitution often. g

Justice Kerr was elected in 2016 to Place 3 on the Second Court of Appeals following a career in civil trial and appellate law; before taking the bench, she was mostly recently with Friedman, Suder & Cooke, P.C.

By Perry Cockerell

Tarrant County attorneys and friends of the longrunning “Tarrant Tortfeasors” program experienced a revival of the comedy skits in August. Tarrant Tort feasors9 kicked off to two large crowds on August 25 and 26 at Scott Theater. The show returned after a four-year hiatus and is no longer funded by the Tarrant County Bar Founda tion.

Credit for the revival goes to the hard work of Shannon Pritchard, Kimberly Stoner, and Dana Manry, who set up a 501(c)(3) charitable corporation and reassembled the cast and crew which included many of the original and long standing Tortfeasor stalwarts such as Brad Dowell, John Corbin, Chris Troutt, Shannon Pritchard, and Marshall Jacobini. The show featured new rookies, Joe Cleveland, Judge David Cook, B.C. Cornish, Chad DeArman, Kristina Voorhies Logan and Victoria McDowell. Kathi Hogan, David Frisby, Dana Manry, and Kimberly Stoner returned and have ap peared in past programs. The new cast and crew proved that the gap in time was no setback. TT9 proved to be as good, if not better, than past performances. “We put a lot of heart and soul and we are raising money for the Area Food Bank,” said Michelle Appling, a volunteer and sponsor, while working the front booth of the show.

In attendance was attorney Martha Hofmeister, the di rector of the Bar None show in Dallas. “Three of the Bar None cast members are in the play,” she said, referring to Kimberly Stoner, Kathi Hogan, and Chad DeArman. “The tension between Fort Worth and Dallas is vastly overrated.”

Her husband, Kent Hofmeister, a long-time Bar None cast member attended with her. “It was a great show,” he said. Brad Dowell took the commanding lead in many of the skits and is natural on stage with years of experience. The new comer Judge David Cook (County Criminal Court Number 1) was quite a standout in the play as well. “I had theater in college,” he said afterward. There were many rising stars in the play such as Victoria McDowell and Marshal Jacobini who showed their singing and acting talents in many of the skits.

The two-act play consisted of 15 skits and ran for two hours with an intermission. The was no room for error. The cast was on a short leash to produce the play. “We had four months to practice,” said longstanding cast member John Corbin.

Act One began with the cast performing ‘Tarrant County This Morning” sung to the tune of “Amarillo By Morning” and featured Brad Dowell playing a Dallas attorney who sang of returning to Dallas after being hometowned in Tarrant County. While cowboys and cowgirls danced in the back ground, he realized that he would have to wear his Rolex watch and expensive shoes back in Dallas. Joe Cleveland ended the skit by playing the violin.

In “I Love the Way You Lie,” John Corbin and Dana Manry interviewed Victoria McDowell while she talked to a truth detector machine that could determine if she was telling the truth when the buzzer went off.

In “Entertaining Lawyer,” Catherine Hogan and Marshall Jacobini played Broadway performers who became attorneys when they could no longer work due to the pandemic. They

Photos by Thomas Garza Photography

sang their arguments in court to the tune of many Broadway plays such as, “Today, today …” from West Side Story or prosecutor Hogan who sang, “I’m going to wash that man right out of my hair” referring to the defendant, David Frisby, from the musical South Pacific.

“Big Billy Bob’s Lawyer Barn” was an all-cast ensemble featuring Brad Dowell promoting the services of the lawyers for sale, being high mileage, and low mileage, while filming a commercial.

In “You’ll be Back,” Victoria McDowell, played a young attorney whose work ethic was questioned by David Cook. She gave one week’s notice of her leaving to join a firm that had a mandatory retirement age of 35. Cook wore a king’s robe, and sang, “You’ll Be Back,” like King George in Hamilton, Cook’s singing voice and obvious prior stage experience wooed the crowd.

“Divorce-O-Matic Video” was a movie that the Tortfeasors cast produced as part of a statewide program during the pandemic. The video featured Kevin Clark, seeking a divorce by paying money into a machine that asked the jurisdictional questions, trying to say “no” to certain questions when “yes” was mistakenly repeated. The skit ends when he finds that he has to deposit $2,000 for the divorce petition.

In “Kooky Client,” David Cook and Shannon Pritchard tried to woo a new rich client played by Kristina Vorhees Logan. Newcomer B.C. Cornish played the spiritual advisor.

In “Any Associate of Mine,” featured David DeArman singing to the tune of “Any Man of Mine” by Shania Twain about how partners in law firms take advantage of hardworking associates.

If the crowd thought that the first act, which lasted thirty minutes, was a sign of what was to come, they were mistaken. The skits in the second act were more involved and included dance numbers such as “Sanctions Tango” in the opening skit, a takeoff of the “Cell Block Tango” from Chicago. The number pointed out transgressions from discovery and misbehavior, in and out of the courthouse.

“Weekend Update” featured Dana Manry and David Frisby playing commentators commenting on new legal news such as Roe v Wade and wondering if Brown v Board of Education was still good law. Another comment was how Kelly Hart and Hallman, Fort Worth’s largest law firm had authorized two days of remote work at home and designated those days as Saturday and Sunday. A feature in that skit was Chris Troutt and Victoria McDowell playing the “Techy” and the “Luddite.” McDowell, the Techy, advises that the new local rule allows clients to be informed by text message emojis, while Trout, the Luddite, asks: “why can’t we talk on the phone?”

“Looney Tune Lawyers” was a skit inspired by Looney Tune characters, Road Runner, Foghorn Leghorn appearing in court. Brad Dowell played the out-of-town lawyer dressed in a white suit who says that he “denies the allegation and resent the alligator.”

The skit that drew the most reactions was “Trade Dress,” which involved a deposition in the case of Shift v Lymph. John Corbin deposed Kathi Hogan in a case that involved fishing

at an area lake using acronyms that real fishermen use. While there was no improper word uttered in the skit, the use of innuendo and double entendres were so obvious, dramatic, and crowd pleasers (following an intermission of free drinks), that a specific description is not possible. “It was shocking,” said B.C. Cornish who played the attorney for Hogan during her deposition.

In “Pro Se Day,” Judge Chris Troutt, called the docket of pro se litigants who were spread out through the audience. One pro se litigant, Kimberly Stoner, requested a motion to substitute counsel. One pro se litigant requested a motion to have his mother-in-law run over by a car. The skit ended when the court denied an agreed motion for continuance by Dallas attorney Chad DeArman and instructed that the trial would begin at 8:30 am and that he would not have any excuse for Dallas traffic.

“Turn Around Video” was a video skit sung to the tune of “Total Eclipse of the Heart” and features Dana Manry taking refuge in wine and her dog due to not handling the pandemic well and questioning her ability to practice law.

The finale, “Trial of My Life” featured the divorce case of Johnson v Johnson where John Corban, as a young associate, was sent in at the last minute to try the remaining issue in a divorce case: whether the court could grant child support above state guidelines. Presided by Judge Brad Dowell, Corbin argued for above guideline support for his client Victoria McDowell, by citing to the Erie Doctrine, International Shoe, and Marbury v Madison. Respondent’s counsel, Dana Manry points out that Corban’s client is already receiving $2.7 million in assets in the divorce proceeding. Corban responded with res ipsa loquitar. Judge Dowell ruled that the Texas legislature had already determined the correct support and denied support above guidelines. He points out to Corbin, that while this might have been his first trial, many fine attorneys lose their first trial but go on to become great litigators. Corbin disagrees and says he had the time of his life, which segues into the finale song a parody of “Time of my Life” and involved the entire cast. There were plenty of accolades after the show by nonattorneys. “It was hilarious,” said Monica Rodriguez from Frisco. “They did it right. It is right on target with the law,” said Leslie Gaskle, from Fort Worth. “You guys have done a great job. It was more than I expected, the realism, the singing, the dancing,” said Erica Hizh.

“It was absolutely amazing, much more than I ever expected,” said Ashley Trimble who works for the Sheraton Fort Worth, a sponsor of the show. Fort Worth attorney David Bakutis, “It was the best one I have seen.”

The cast members had reason to be proud of their performances. “It was better than I expected,” said Chris Troutt. “We enjoyed making fun of each other but more fun making fun of others,” said Brad Dowell.

David Frisby summed it up: “This is great for the legal community. It is a close-knit group. We know each other. We’ve developed in-depth relationships. We get together and we have a great fellowship with the lawyers.”

Welcome New Members of the TCBA: in the News LAWYERS ON THE MOVE &

ATTORNEYS

Colleen Bolin

Jessica Brewer

Bessie Brostein

Paukl Denney Mark Flores Carlos Galliani Ryan Hale

Autumn Keefer

Edgar Korzeniowski

Mary Martin

Renea Overstreet

Andrea Phillips

Amy Pletscher

Christina Russo

Arin Schall

Nicholas Scott

John Shipley

Uchena Spencer

Steven Stratso Amar Thakrar

Juan-Joel Tovanche

Khanay Turner

Whitney Warren

Virginia Winn

ASSOCIATE

Joe Cleveland of Brackett & Ellis was elected Chair of the Intellectual Property Law Section of the State Bar of Texas. He was also awarded the Fritz Lanham Trademark Award in recognition of his significant accomplishments in the legal community related to trademarks.

Mr. Cleveland is the author of the book Fritz Garland Lanham—Father of American Trademark Protection (Bookhouse Group). The book traces Fort Worth Congressman Lanham’s rise from local prosecutor to the halls of Congress where he ushered in sweeping federal legislation that has served as a foundation of trademark laws in this country and around the globe.

Law offices of Laird & McCloskey founder Steven C. Laird has been named to the Best Lawyers in America list for 2023 as one of the best plaintiffs’ personal injury attorneys in the country. His 2023 selection marks the 12th consecutive year to be honored by the prestigious legal guide.

Trial Law by the National Board of Trial Advocacy and in Personal Injury Trial Law and Civil Trial Law by the Texas Board of Legal Specialization.

Brackett & Ellis is pleased to announce Tom Myers has received the Kelly Frels Lifetime Achievement Award. The School Law Section of the State Bar of Texas recognized Mr. Myers with this award in July 2022. The Kelly Frels Lifetime Achievement Award recognizes attorneys who have made outstanding contributions to the practice of school law and for their lifetime contributions to the School Law Section.

Brackett & Ellis is pleased to announce the addition of attorney Samantha Palma and associate attorney Dillon Minick. Samantha Palma has over 10 years of experience as a litigator with a primary focus on insurance defense. Before joining Bracket & Ellis, Ms. Palma managed a property and personal injury litigation practice for a large insurance company. Samantha received her Juris Doctorate from Southern Methodist University in 2011 and earned her Bachelor of

received his Juris Doctorate from Texas Tech School of Law in 2021 and earned his Bachelor of Science Degree from Abilene Christian University in 2018. Dillon practices primarily in the areas of commercial litigation and general

Blake Bailey Joe Cleveland D. Mark Daniel Alan C. Duncan Claudine G. Jackson

Six Phelps lawyers from the firm’s Fort Worth offices earned a spot on The Best Lawyers in America’s 2023 lists. One joined “Ones to Watch,” and two made the list of “Best Lawyers” for the first time this year.

This list features lawyers with less than 10 years in practice and includes Fort Worth attorney Alicia A. Murphy, who was chosen for her work in insurance law.

Of the Phelps attorneys recognized by The Best Lawyers in America 2023, two of Phelps’ Dallas/Fort Worth attorneys made the list for the first time this year:

Š Blake Bailey – Litigation – Antitrust

The Executive Committee of the Baylor Law Alumni Association has selected Michael P. Heiskell (J.D. ’74) as the 2022 Baylor Lawyer of the Year. Cynthia Clack (J.D. ’78), President of the Baylor Law Alumni Association, presented Heiskell with the award during a recognition luncheon at the Fort Worth Club on Thursday, September 15th.

Heiskell, who focuses his practice on criminal defense and representing civil rights litigants, is one of the three founding partners of the Fort Worth-based firm Johnson, Vaughn & Heiskell. He now serves as the senior attorney. Before founding the firm in 1984, he served as an assistant district attorney for Galveston County from 1975 to 1980 and as an assistant United States attorney in the Northern District of Texas from 1980 to 1984.

He received the “Lawyer of the Year Award” from the Tarrant County Black Bar Association in both 1995 and 2000. He was awarded the “Presidential Award of Excellence” by TCDLA in 1994, 1995, and 2003 and was inducted into the TCDLA’s Hall of Fame in 2015. He currently serves on the Board of Directors for the National Association of Criminal Defense Lawyers (“NACDL”). In 2020 he received the Blackstone Award from the Tarrant County Bar Association, the Bar’s highest honor. Texas Monthly Magazine has named

Š Alan C. Duncan – Trusts and Estates

All other Phelps Dallas/Fort Worth attorneys who made the “Best Lawyers” list include:

Š D. Mark Daniel – Commercial Litigation

Š Claudine G. Jackson – Employment Law – Management

Š Paige C. Jones – Insurance Law

Since 1983, Best Lawyers has been hailed as the definitive guide to legal excellence. Each year, it ranks lawyers by practice areas and locations. The 2023 edition is based on more than 13 million evaluations of lawyers by their peers and recognizes more than 131,000 lawyers in 147 practice areas worldwide. g

him a “Super Lawyer” every year since 2003. He has also been recognized in “Texas Lawyer” as one of the “Extraordinary Minorities in Texas Law.”

Heiskell is a ‘Double Bear,’ graduating from Baylor University in 1972 and was the first African American graduate of Baylor Law, receiving his Juris Doctor in 1974. He currently serves on the Baylor University Board of Regents. g

Baylor Lawyer of the Year, Michael Heiskell (center), with Ambassador Ron Kirk, Baylor Law Alumni Association President Cynthia Clack, Baylor University President Linda Livingstone, and Dean Brad Toben at the Fort Worth Club on September 15, 2022.

Paige C. Jones Steven C. Laird Dillon Minick Alicia A. Murphy Tom Myers Samantha Palma

PARTY COMMITTEE

By Melissa Wilks, Holiday Party Committee Chair

A Preview of 2022 -2023 Bar Year Festivities!

Hey, y’all! I love working with the TCBA, and this year I am excited to be the Holiday Party Committee Chair for the 2022-2023 bar year. When I am not planning fantastic festivities for TCBA, I am a staff attorney at Legal Aid of NorthWest Texas, working primarily with clients who are unhoused and staying at area shelters.

The Holiday Party Committee is always one of the most fun groups to be part of at TCBA, and this year is no different. In addition to the annual Holiday Party held every December, the Committee has some new events in the works.

The first event will be Boo at the Bar. It is scheduled for the evening of October 21 and will be held in partnership with the Tarrant County Family Law Bar Association (TCFLBA).

. . AND NOW A WORD FROM OUR SECTIONS

Members of TCBA, TCFLBA, and their families will have the opportunity to gather and go trick-or-treating inside the TCBA. More details on page 21!

Our next event is the annual Holiday Party set for December 6. In addition to our usual festivities, each TCBA section will be invited to compete in a tree decorating contest. The fullydecorated trees will then be donated to organizations and families in need in Tarrant County.

We will also be planning a Mardi Gras event for February in conjunction with the Bench Bar Committee – stay tuned!

Our next meeting will be Wednesday, October 12, at 5:30 p.m. If you are interested in joining the Holiday Party Committee, please contact Lauren St.Clair at laurensc@tarrantbar.org. g

By Tracy Card, Office Manager

Take Advantage of Your Sections' CLE Courses

As we begin to finally get a little bit of a break from the hot temperatures what better time to get out to start taking advantage of the wonderful CLE courses that your sections are hosting for you. We encourage everyone to attend these meetings! It is a great time to visit with fellow colleagues and hear some great speakers not to mention taking advantage of the CLE course credits. If you know of someone that may want to speak with your group or know of a particular topic you would like to hear about, be sure to reach out

Child Welfare

PRESENTATIONS INCLUDE:

DFPS/OCOK Role in the Case Speaker: Ginette Harrell, Tarrant County Criminal District Attorney’s Office

Interesting CPS Cases Speaker: Scott Prescher, Dual Role Advocacy for the Challenging Youth Speakers: Robin Grounds, Attorney at Law, Law Office of Robin V. Grounds; Paige Lyons, Associate Attorney, Gardner Smith & Hill, PLLC Advocacy for the Missing Parent Speaker: Zena McNulty, Associate Attorney, The Clark Law Firm, P.C.

to myself or one of your officers with that suggestion. We look forward to hearing your input. g

Law Office of Lori A. Spearman

When CPS Cases are Appealing

Speaker: Melissa Swan, Attorney at Law, Schneider Law Firm, P.C. CPC Court Policies and Procedures

Speaker: John Eck, Associate Judge, Tarrant County Child Protection Court

Member Benefits Vendor List

TCBA

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

Tarrant County Bar Association

Calhoun Street

Worth, TX 76102-6504

2022

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.