January 2012 - Tarrant County Bar Association
Transcription
January 2012 - Tarrant County Bar Association
Tarrant County Bar Foundation Celebrates 15 Years of Service Bulletin January 2012 19 9 7 2 012 C C O M M U N IT Y S E R V IC E S M M U N IT Y are odC NIC o r Bl A Bac kt Rou o Scho ndu ol Hea p ling the Wo und Wil s l Cl “Th inic ey H s ad a Dre Pro am -bo , To no B o” oot cam Cow p tow n1 0K A CCESS O te Car R V IC db an wH E S a er L Eld ook SE ne alLi Day Leg tion p o d al A ool ion Sch w Nat s La ank ple’ dB o o Peo F rea nt A a tat r abi y Tar H y it nit Trin Huma for TO J US TICE Legal Aid of NorthWest Texas Texas Lawyers for Texas Veterans Pro-bono legal services and clinics in adoption, consumer, divorce, disability, employment, bankruptcy, foreclosure, landlord/tenant, and wills-&-directives law Pro-bono legal services in monthly legal clinics and participation in Veteran activites and organizations Tarrant County Bar Association Phone: (817) 338-4092 Fax: (817) 335-9238 Website: www.tarrantbar.org E-mail: [email protected] 2011–2012 Officers President..............................Robert E. Aldrich, Jr. President-Elect ......................J. Benjamin Barlow Vice President ............................Ann L. Diamond Secretary-Treasurer .................. Michael J. Henry 2011–2012 Elected Directors Lisa Callaghan Karmen Johnson Robert G. West Christie Glenn Rachel Moore Daniel A. White 2011–2012 Appointed Directors Walker Friedman David Keltner Immediate Past President W. Bradley Parker FORT WORTH-TARRANT COUNTY YOUNG LAWYERS ASSOCIATION Laura Docker, President EXECUTIVE DIRECTOR Patricia Graham, PLS, CLAS EX-OFFICIO MEMBERS STATE BAR OF TEXAS DIRECTORS Mark G. Daniel Judge Jo Ann Reyes ABA DELEGATE Judge David Evans BAR BULLETIN Roger Simon, Editor Tanya Pierce, Assistant Editor Pat Leake, PLS, CLAS, Staff Editor The Tarrant County Bar Bulletin is a monthly publication of the Tarrant County Bar Association. Articles, photos, and events for the calendar, suggestions, or comments should be directed to 1315 Calhoun Street, Fort Worth, Texas 76102-6504 Deadline for submission is the 20th day of the month, two months before the date of the issue (e.g. April 20th for the June issue). Items for publication may be sent by fax to 817- 335-9238 or e-mail to [email protected] in Word format. Articles published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant County Bar Association, its officers, or the Board of Directors. Calendar listings, classifieds, advertisements, and feature articles should not be considered an endorsement of any service, product, program, seminar, or event. TCBA Bulletin by Robert E. Aldrich, Jr. Greetings: ee, it is now 2012, and most of us have a lot of memories for 2011. With record heat, drought, and wildfires, it was not a “normal” year. The U. S. suffered natural disasters of massive proportions—floods, earthquakes where earthquakes weren’t known in the past, and a hurricane up the east coast. It was a very unusual year, to say the least. My term is now half over, but the best is yet to come. In January, the Tarrant County Bar Foundation will celebrate fifteen years of service. The Foundation and the Association are closely connected, aiding each other to provide service to the community and to attorneys. Pages 4, 5, and 7 of this issue of the Bulletin are dedicated to the Foundation and its services. Get updated on what there is to offer and how TCBA links with community services. Congratulations, Food Drive Committee, on a job well done. You met your goal, and then some. February will open the registration for Bench Bar Conference XIX–Best of the West, Part Deuce. Last year’s conference was fantastic–excellent CLE, golf, and activities in the beautiful setting of Possum Kingdom Lake. Well, we’re doing it again–Part Deuce. The committee, which has been meeting monthly, has a lot of good ideas for CLE and activities. If you haven’t attended a BBC, this one should be on your calendar for April 13-15, 2012. It is the annual event at which attorneys and the judiciary can mix and mingle in a casual setting, which is invaluable to your law practice. So many times, attorneys look at the law very impersonally, but the law is administered by people, and knowing these people is part of knowing the law. March will be a great month, with the annual Blood Drive on Thursday, March 22, the Foundation’s annual “Tarrant Tortfeasors” show on Saturday, March 24, and the annual People’s Law School on Saturday, March 31. Save your blood donation for the Blood Drive—you can’t give blood for 52 days before your next donation. Giving blood is a quick and easy way to donate. Last year was the first “Tarrant Tortfeasors” show, and it was greeted with some skepticism—with amateur attorney performers, what kind of show was it going to be? It was hilarious—great entertainment, professionally done, that spoofed our profession with a lot of humor. Some skits reminded the audience of real-life events in the practice of law, and it was all presented in great fun. The community has always received People’s Law School as a way to learn things about the law in a huge variety of topics. If you are interested in teaching a class, please contact Committee Chair Brett Miller here at my firm, Gardner Aldrich. April will bring the spring, with new leaves on the trees and flowers blooming. It also brings the Bench Bar Conference and the FW-TCYLA Spring Fiesta. May is the month in which we honor outstanding members for their dedication and contributions to the association and to the community. The annual Law Day Dinner and Blackstone Award Ceremony will be on Thursday, May 3, 2012. Please keep that evening open to come and celebrate national Law Day—No Courts | No Justice | No Freedom. June will close out the 2011-2012 term for the TCBA officers and board. Keep in mind that those who serve are attorneys just like you. They have volunteered their time to manage your association. The election for the new term officers and board will be in April, so please support those who have volunteered to run by casting your vote. Voting is part of your membership privilege. It is like voting for your local, state, and national representatives—it is a freedom on which our country was founded. G HAPPY NEW YEAR! January 2012 Robert 3 Tarrant County Bar Foundation Celebrates 15 Years of Service by Mike Sheehan, Chair Foundation undertook a renovation campaign that provided funds to further enhance the building from the inside to the parking lot. The current board is proud to announce that, through fellowships and generous donations, the current balance of the renovation loan is only $72,690. That amount will be reduced through new fellowships and donations directed to that purpose. Over the years, the Foundation strived to grow its endowment fund through its fellowship program, and it was able to provide grants for community-service programs to the TCBA and other entities. Recently, the Foundation has taken a new avenue to expand its ability to better serve the community and to become the leader of providing various community-service programs and projects to the Tarrant County community. The Foundation will provide the funds and TCBA will provide the volunteers to continue the many projects listed on this month’s Bulletin cover. Because the Foundation is a non-profit charitable entity, the legal community can make to it tax- Association is proud of its member participation each year. In the past two years, the committee has secured he Tarrant County Bar door-prize donations, which have Foundation is celebrating its enhanced participation with an extra 15th year of service to Tarrant incentive. The expenses of the drive County. More accurately, the legal are underwritten by the Foundation, community of Tarrant County is and, in 2011, the Foundation was proud celebrating the 15th year of service to to give a $2,000 contribution to Carter Tarrant County through the Tarrant BloodCare. County Bar Foundation. The Foundation and its staff, board, and officers Elder Law Handbook—This can serve the community only through community service has been well the generous donations and efforts of received since its inception in the late the Tarrant County legal community. 1990s. The Association is currently on its 4th edition, with a 2009 suppleA little history—Tarrant County Bar ment. Many service organizations Association past presidents clearly have taken boxes of the handbooks to remember what it was like before the help the elderly, and the Association TCBA had its own Bar Center. For mails a handbook to each citizen who many years, bar presidents passed the requests a copy. Local newspapers records of the Association from office have postings in their publications for to office. In 1995, the Association citizens to request copies. Each year, leased a small office in the Oil & Gas committee members spend many long Building. Then, in 1996, TCBA Prehours keeping the publication as up-tosident Louis Sturns was faced with the date as possible. The costs of task of finding a new space for the publishing and distribution are growing bar association, as its current underwritten by the Foundation. space was too small and another tenant wanted the space to expand its offices. LegalLine—This bi-monthly Within 30 days, the current service to the committee location at 1315 Calhoun offers free legal advice by Y OU ARE I NVITED TO THE was found and leased, and telephone. On the second the bar staff moved in everyFOUNDATION’S ANNUAL MEETING and fourth Thursdays of thing over one weekend. each month, citizens with T UESDAY , J ANUARY 24, 2012, ON Thus began the history of legal concerns may call the Tarrant County Bar AT 5:30 P. M ., TARRANT C OUNTY B AR C ENTER from 6 to 8 p.m. and speak Foundation. with volunteer attorneys. Many people are helped with the TCBA President Walter Fortney deductible donations for a specific advice that they get; others are given appointed a committee to incorporate project or projects or for the Foundainformation so that they may contact an and organize the Foundation. At the tion’s general grant fund. The Founattorney or agency for representation. committee’s first meeting, Tom Law dation hopes that its new annual For many years, law-firm sponsorships was elected as the Foundation’s first have covered LegalLine’s expenses, but chair. To secure the Foundation’s non- fundraiser, Tarrant Tortfeasors , during the past year, the Foundation profit charitable status, Mr. Law led the will provide funds sufficient to expand community services without the need has undertaken to underwrite the organization through the maze of IRS for multiple campaigns throughout the expenses. and other governmental requirements. year. That can be accomplished only Following his lead, Chair Sam Rosen National Adoption Day—The with the generosity of Tarrant County secured financing for the bar center, Association has sponsored or colawyers and law firms. and the Foundation purchased it on sponsored National Adoption Day since Below are short descriptions of April 1, 1999. its Tarrant County inception in 2000. some of the current programs and Since then, hundreds of foster children In 2004, Chair Chuck Noteboom projects that are supported by the have been adopted. Attorneys who lead the campaign to enhance the Foundation. agree to take a case for presentation to building through the Century Club, and, in 2005, the exterior renovation Tarrant County Bar Association the Court during National Adoption Day attend a free training workshop. was completed. Once Chair Dee Kelly Carter BloodCare—The TCBA The project’s aim is to speed up the took the gavel, and with his continued hosts an annual blood drive at the adoption process for families and to dedication to the community, the Tarrant County Bar Center. The T 4 January 2012 TCBA Bulletin call attention to the many children in foster care who are waiting for the stability of a permanent home. Each year, at the Association’s Annual Holiday Party, members are asked to bring a stuffed teddy bear or a book for the Bears & Books project to donate to the Family Law Courts, so that they may provide a bear or a book to each child who is adopted. People’s Law School—This annual community service, which began in 2005, takes place on a Saturday in the spring of each year. Volunteer attorneys offer to the community various courses that cover a variety of legal subjects. The Association coordinates with the Texas Wesleyan School of Law to use the school’s classrooms and conference halls for people to attend the courses of their choice. Expenses are underwritten by the Foundation. Over the years, the local community has received this service very well. Tarrant Area Food Bank—For many, the Association has sponsored a canned-food drive to aid in the collection of food and monies for the Tarrant Area Food Bank. The 2010 drive netted $5,000 to the Bank, and the 2011 drive has surpassed that goal with $6,000 in donations. Trinity Habitat for Humanity— The 2012 home will be the 9th home for which the association has partnered with the Foundation, the United Methodist Church, and the Trinity Habitat for Humanity to build. The Foundation offers the opportunity for Association members to make tax-deductible donations that will help with the financial needs of each build, and, over the course of several “build” days, the Association furnishes labor and food at the building site. To their recipients, these houses are more than homes— they are sanctuaries, places where their children can play and grow up. Fort Worth-Tarrant County Young Lawyers NICA Christmas Gifts—Each Christmas season, FW-TCYLA works with the Northside Inter-Community Agency, Inc., to see that approximately 60 children in need are adopted and to provide them with Christmas gifts. YLA members generously donate both “wish” and “need” gifts, so that the children will have something special under the tree on Christmas morning. These presents are given to the families at an FW-TCYLA-hosted TCBA Bulletin Christmas party that includes food, crafts for children, and pictures with Santa Claus. Back to School Roundup—During the spring and throughout the summer, FW-TCYLA raises funds, through the Back to School Roundup, to sponsor school supplies for Tarrant County children. The Roundup is a community-wide event each August, and it costs just $25 to provide a full school year's worth of supplies to a student. FW-TCYLA also helps preregister students to attend the Roundup and provides opportunities for attorneys to volunteer at the event. Each year, the Back to School Roundup provides school supplies for over 10,000 Tarrant County children. Healing the Wounds: A Guide to Navigating the Legal System After Abuse—This is a program presented by the FW-TCYLA to The Ladder Alliance, which is non-profit organization whose mission is to empower women victims of domestic violence and other at-risk women to become selfsufficient. The program is designed to explain how to navigate the legal system through a divorce from or protective orders against the abusers. The event includes a dinner provided by the FW-TCYLA, followed by a video produced by FW-TCYLA , and attorney volunteers then discuss legal services available to women in need, as well as the availability of forms and other resources that can assist them if they choose to proceed without an attorney. Wills Clinic—Earlier this year, FW-TCYLA, with the assistance of the local Paralegal Division, co-hosted a Saturday-morning wills clinic at Legal Aid of NorthWest Texas. FW-TCYLA provided attorney volunteers to meet with pre-qualified people who would otherwise not have the resources to obtain estate and end-of-life planning services. Those who participated left with complete wills, powers of attorney, and medical directives. This is an initiative that FW-TCYLA hopes to continue on a regular basis in the future. “They Had a Dream, Too”— Earlier this year, TexasYLA produced a moving video, titled "They Had a Dream, Too," that highlights the impact that students had on the civil-rights movement. FW-TCYLA, in conjunction with the Texas Wesleyan School of January 2012 Law, hosted 75 high-school seniors and treated them to lunch while they watched and discussed this moving film. FW-TCYLA also invited speakers to give local perspectives on the civilrights movement, from local heroes of the 1960s to the status of the movement today, as well as legal and constitutional perspectives. Pro-bono Bootcamp—This is a four-hour CLE event that is free to members of FW-TCYLA. The program takes a practical approach to pro-bono education, providing advice and resources on various topics that attorneys who accept pro-bono cases are likely to encounter. This year, a program highlight included a presentation by the Texas Access to Justice Foundation on the increased need for pro-bono services, as well as a presentation by Legal Aid of North West Texas on how attorneys can get involved in pro-bono services. The goal of this program is to inspire attorneys to increase their pro-bono activities. Cowtown 10K—Several members of the FW-TCYLA are training to participate in the Cowtown races on February 25, 2012. For over 30 years, Fort Worth has provided the Cowtown races in order to promote good health and fitness to the residents of the greater Fort Worth area and beyond. FW-TCYLA members who are not planning to run the race will serve as volunteers for the event on race day. Access to Justice The Foundation supports Access to Justice. Through grants to the Legal Aid of NorthWest Texas and donations made by the TCBA and TCBF members, the Foundation provides funding to help people of low-income status to secure legal assistance. In 2010, the Foundation adopted a new State Bar program called Texas Lawyers for Texas Veterans. This program, through volunteer attorneys of the TCBA, has developed a foundation from which to help low-income veterans receive legal advice and legal representation in matters other than veteran claims and services furnished by the U. S. Government. During the first year of the program, 238 deserving veterans received a wide variety of services, including legal continued to page 7 5 T ARRANT C OUNTY B AR A SSOCIATION S ALUTES I TS 2 0 1 1 - 2 0 1 2 “ 1 0 0 C L U B ” M EMBERS . Adams Lynch & Loftin, P.C. Albert Neely & Kuhlmann LLP Bakutis McCully & Sawyer PC Bank of America Barlow Garsek & Simon, L.L.P. Barrett, Daffin, Frappier, Turner & Engel, LLC Beadles Newman & Lawler, PC Beal Law Firm, The Berenson Firm P.C., The Bishop Payne Harvard & Kaitcer LLP Blaies & Hightower, LLP Blum Firm, The Bodoin, Agnew, Greene & Maxwell, P.C. Bourland & Kirkman, L.L.P. Bourland, Wall & Wenzel, P.C. Brackett & Ellis, P.C. Law Office of Art Brender, The Broude Smith & Jennings PC Brown, Dean, Wiseman, Proctor, Hart & Howell, LLP Bruner & Pappas LLP Law Offices of Suzanne I. Calvert & Associates Cantey Hanger LLP City Attorney’s Office-City of Fort Worth Colaneri Firm, P.C., The Curnutt & Hafer, L.L.P. Decker Jones McMackin McClane Hall & Bates, PC Eggleston Flowers & King, LLP Fears/Nachawati PLLC Fillmore Law Firm, L.L.P. Forshey & Prostok, L.L.P. Frac Tech Services, LLC Friedman, Suder & Cooke Gardner Aldrich, LLP Goodrich Postnikoff & Albertson, LLP Griffith, Jay & Michel, LLP Harris, Finley & Bogle, P.C. Harrison Steck P.C. Haynes and Boone, L.L.P. Holland Johns & Penny, LLP JP Morgan Chase Bank Jackson Walker, L.L.P. Johnston Legal Group, P.C. Jose, Henry, Brantley, MacLean & Alvarado, LLP K & L Gates LLP Kelly Hart & Hallman LLP Kirkley & Berryman, LLP Kobs, Haney & Hundley, LLC Law, Snakard & Gambill, P.C. Legal Aid of NorthWest Texas Bob Leonard Law Group, PLLC Linebarger Goggan Blair & Sampson, L.L.P. Loe, Warren, Rosenfield, Kaitcer, Hibbs, Windsow, Lawrence & Wolffarth, P.C. McDonald Sanders, P.C. Mellina & Larson, P.C. Moses, Palmer & Howell, L.L.P. Murphy, Mahon, Keffler & Farrier, L.L.P. Noteboom Law Firm Padfield & Stout, LLP Pope, Hardwicke, Christie, Schell, Kelly & Ray, L.L.P. Ross & Matthews, P.C. Second Court of Appeals Shannon, Gracey, Ratliff & Miller, LLP Smith & Cross, L.L.P. Sproles Woodard LLP Tarrant County Probate Court # 1 Taylor Olson Adkins Sralla & Elam, LLP Texas Wesleyan School of Law Thompson & Knight, LLP Wallach & Andrews, P.C. Watson, Caraway, Midkiff & Luningham, L.L.P. Weaver and Tidwell, L.L.P. Whitaker, Chalk, Swindle & Schwartz, PLLC Whitley Penn, LLP Wilson, White & Doby, LLP Winstead PC The Wolf Law Firm, P.C. Law firms, government agencies, law schools, and corporate legal departments with 100% of their attorneys (four or more) qualify for the “ 100 C LUB . ” TCBA is proud of the participation of these law firms and other groups in 2011-2012 Bar year. For information, contact Membership Director Cindy Rankin at 817-338-4092 or e-mail [email protected]. REHEARSALS have begun FOR THE SKITS. B E A PART O F T HIS G REAT S HOW ! Mark your calendar for the show on March 24, 2012 For more information, contact director Rik Sehgal at [email protected]. 6 January 2012 TCBA Bulletin Foundation - continued from page 5 consultations at the monthly legal clinics, assistance in completing forms, and help with preparing estateplanning documents. Some veterans who qualified financially received full representation at court proceedings concerning family-law matters, misdemeanor-criminal matters, expunctions, orders of nondisclosure, and other civil matters. Most recently, the Foundation has formed a new Access to Justice committee to explore and implement ways for the Tarrant County legal community to better serve the large, general population of Tarrant County citizens who are unable to afford necessary legal services. L AW Y E R R E F F E R A L & I N FO R M AT I O N S E RV I C E U P DAT E he Lawyer Referral & Information Service (LRIS) Committee met in December to plan advertising for 2012. The committee wants to publicize LRIS to the community so that more viable referrals can be made to the member attorneys. It was a great meeting, and the members discussed the changes and future plans for the LRIS. Thanks to all the committee members who attended! T LRIS Administrator Carolina Ibarra attended the annual LRIS ABA meeting in October and came back with a great idea! LRIS members may now use the TCBA facilities to meet with their clients (by reservation and based on availability of space) at NO CHARGE! That’s huge! It is a great benefit, available only to LRIS members! Thanks, Carolina! Please contact Cindy or Carolina for more information and room availability. Musal, Joy NeSmith, Dustin Payne, Anthony Pettitt, Will Pruitt, Aleed Rivera, David Robinson, Karen Schroeder, Chad West, and Ty Wilson. The LRIS ended 2011 with over $50,000 paid to the program in referral fees, and the attorneys made 85% of the net legal fees earned (on fees over $750) on cases that they accepted from the LRIS program. The attorneys receiving the benefit of additional case revenue last quarter include Neal Callaway, David Cook, Todd Durden, Joan Durkin, Margaret Fonvielle, Carlos Galliani, Crystal Gayden, Andrew Gore, Earl Hargrave, Rob Henry, David Jansky, Michael Johnston, Scott McKnight, Caleb Moore, Rick If you need clients and more case revenue, join the Tarrant County Bar Association’s Lawyer Referral & Information Service. For information on the program, call Cindy at 817- 3384092 or email [email protected]. Note! If you are giving clients the LRIS phone number, please give them 817-336-4101, rather than the main number to TCBA. LRIS is under a different telephone system to better service the clients with referrals, so clients must use the 817-3364101 in order to receive a referral. TRANSITION TO PRACTICE BEGINS NEW 2012 YEAR he 2012 Transition to Practice Mentor Program is kicking off its new year with a CLE program on Wednesday, January 25. This program will be the first luncheon of the year for the mentors and mentees, who have been paired by the committee for the 2012 year, to meet. There will be an orientation, a review of the program’s purpose and goals, a presentation of the scheduled meetings for the year, and a discussion of the commitment needed from both mentors and mentees to make the program a success. The CLE program will feature Judge Bonnie Sudderth presenting the Local Rules (including civil, T D ON ’ T F ORGET B ROWN B AG S EMINAR January 20, 2012 “Five ‘Hot Topics’ and Tips from Judicial VIPs” See registration insert in December issue or on website. TCBA Bulletin family, and criminal courts). This topic is especially important to newly licensed attorneys who are beginning their practices, and the mentors are also encouraged to attend and to meet and encourage their mentees at the start of the new year. The Transition to Practice luncheons and CLEs are sponsored by the TCBA. If you know a newer lawyer, licensed three years or fewer, who may be interested in the program, encourage him or her to join TCBA and the program. Or if you are a seasoned attorney who has not participated in the past as a mentor but would like to help with the program, let us know! For more information on the program, contact Cindy Rankin at 817-338-4092 or email [email protected]. Bench Bar Conference XIX coming April 13 - 15, 2012 Watch for February issue with brochure and registration. Best of the West, Part Deuce, Deuce will be even better than the first. January 2012 7 SPOTLIGHT ON D I V E R S I T Y Constance Mims The Diversity Committee is committed to the inclusion of all people in the legal profession. Through its projects, it strives to enhance employment and economic opportunities for all minority and women attorneys and to promote the involvement of minorities and women in the Tarrant County Bar Association. One diverse member of our Bar is spotlighted each month. If you know of someone who would make a great subject, please contact the chair of the 2011-2012 Diversity Committee, Antoinette Bone, at [email protected]. Constance Mims, Attorney at Law 1. What is your philosophy about practicing law? Though I did not grow up to be the civil-rights super lawyer I had originally intended to be, I have found a career in family law that is just as fulfilling. In family law, I consistently try to help my clients protect their children and themselves, get financial support, and reach settlements in their cases that benefit them, their spouses, and their children. My philosophy about practicing law is to always remember that my clients are people, not paychecks, and that they have come to me with a problem, and it is my responsibility to help them find a solution. 2. What is your best advice to a new attorney? “If any man thinks that he knows anything, he knows nothing yet as he ought to know.” 1 Corinthians 8:2. Knowing what you don’t know is the first step to being an awesome attorney. The second step is getting those answers in the law. If you practice law this way, you will gain courage and confidence, and you will earn the respect of judges, colleagues, and, not the least of all, your clients. 3. How does your life experience influence your practice? For as long as I can remember, circa L.A. Law, I have wanted to be a lawyer. When I was around twelve years old, I remember daydreaming about winning a big case in front of the U.S. Supreme Court after fighting for someone’s civil rights. Civil rights meant a lot to me then as well as now. I was born mix-raced. Because my skin color was not the same as my mother’s, countless times, right in front of me, strangers asked my mother who she was babysitting for, was she my nanny, etc. That is too much for a child to go through. I also was consistently treated differently than classmates by teachers and teased by classmates about the color of my skin and my parentage. What is even worse, when I was in high school, I was actually discouraged from pursuing a career in law by my school counselor! I would not be discouraged, however. Because of everything I have endured in my lifetime, I have the patience and the courage to tackle any obstacle, which leads to having the ability to think outside the box and provide my clients with real-life practical legal solutions to their problems. Law in June 2007 and was licensed to practice law in Texas in November 2007. I earned my Bachelor of Science in Political Science at Texas Christian University. I practice at the BEAL LAW FIRM, at our principal office, located at 2920 W. Southlake Blvd., Ste 140, Southlake, Texas 76092. You may contact me at 817-2614333, you can reach me via facsimile at 817-281-0086, or you can check us out at www.DFWDIVORCE.com. D iversity C ommittee P resents A One-Hour CLE “A TTORNEY A DVERTISING ” January 18, 2012 12 to 1 p.m. at the Tarrant County Bar Center $25 per person, includes lunch Presenter: Contact information I received my J.D. from Texas Wesleyan School of 8 Randy Johnston, from the State Bar of Texas, Dallas office. He will speak on the “Do’s and Don’ts of Attorney Advertising.” With Facebook, Twitter, and other social-media advertising in our world today, it’s important to know the State Bar Rules on advertising. What rules apply to social media? Or do they apply? Is that ad that I have on Facebook legal? Come to the CLE to find out. January 2012 RSVP to Cindy Rankin at [email protected] TCBA Bulletin r, A ORT ORTH ELEBRATES ke CYL c H Do -T W S UBLIC ERVICE P ura nt, F e A legal-rights education to women raising efforts have been outstandN y Laresid affected by abuse and providing civiling, TCYLA members excelled in b P A A L O F T Y S s an organization, the Fort Worth —Tarrant County Young Lawyers Association (FW-TCYLA) has two primary goals: to serve our attorney membership and to give back to our community. As I look back on the 2011 FW-TCYLA year, I am truly humbled by the outstanding efforts of our members in accomplishing the latter. None of our community-service efforts would have been possible without the strong leadership of our project chairs and numerous volunteers. I extend a heartfelt “THANK YOU” to all of you who gave your time and resources to support the TCYLA and for your commitment to community service. A Through our golf and softball tournaments, FW-TCYLA raised $8,000 for Legal Aid of NorthWest Texas in 2011. Although our fund- W P our community-outreach efforts as well—this year, our members worked with Legal Aid to increase participation by young lawyers in local probono efforts through Celebrate Pro Bono Week. We co-hosted a Saturday morning wills clinic with the Paralegal Division to provide estate planning documents to low-income families. We also hosted a Pro-Bono Bootcamp, a free four-hour CLE designed to provide attorneys with the practical skills necessary to enable them to take on pro-bono cases. Our most popular event of the year was our annual Spring Fiesta held at Joe T. Garcia’s. Spring Fiesta is an event designed to raise funds to support our service projects, and this year we exceeded our fundraising goals! We were able to put those funds to work through many of our community service activities, such as providing -TCYLA C S rights education to high-school seniors. Just this month, we also completed our annual holiday toy drive, in which members of the FW-TCYLA and TCBA provided Christmas-wish presents to 60 underprivileged families from the north side of Fort Worth. These gifts were presented at a Christmas party hosted by the FWTCYLA, which included food, crafts for children, and pictures with Santa. All of these events require countless hours from volunteers working behind the scenes to make them successful. I am proud to be a part of this group of people so willing to give of themselves in order to allow the FW-TCYLA to continue its mission of serving our community. Of course, none of our successes would be possible without the assistance of the staff at the TCBA bar offices. We are thankful for all that you do for us! People’s Law School n behalf of the People's Law School Committee, I am pleased to inform you that the annual "People's Law School" event will be held on Saturday, March 31, 2012, at Texas Wesleyan School of Law in downtown Fort Worth. The People's Law School is conducted by local lawyers and is designed to provide the community with free, basic legal information covering various topics. This year's topics will include family law, criminal matters, property, wills, and elder law. As we approach this year's event, please help spread the word to those who may be interested in attending. Our only limitation is space, so we encourage attendees to preregister by printing and completing the registration form from the Bar's website at www.tarrantbar.org. O TEXAS LAWYERS onthly legal clinics are M still operating and seeing between 28 to 32 veterans each month. These veterans have needs in a wide range of legal matters and are appreciative of the help that they receive. Even if they do not qualify as low-income, they still have the opportunity to visit with attorneys at the clinic, and, many times, they are given information sufficient to resolve their problems. TCBA Bulletin FOR This year we are also undertaking a new project in which we will send lawyers to speak to students at local junior-high and high schools. We've already had a request from Ferguson Junior High in Arlington, and we hope to connect with many other schools throughout the year. The Committee believes that this will be a great outreach program for the Bar, as it will both educate young adults in the community and increase the Bar's impact outside of the courtroom. If you have any suggestions for the Committee or either of these programs, please email me at bmiller@gardner aldrich.com or Trisha Graham at [email protected]. Brett F. Miller , Chair TEXAS VETERANS--TCBA Chapter For those who qualify financially, their cases are assigned to attorneys, either through the Legal Aid of NorthWest Texas veterans’ pool or the TCBA pool. This is where we need your help -- we need more attorneys to volunteer to take at least one pro-bono case per year. The case would be in your field of practice, and you would have the opportunity to review it before accepting it. Please help a veteran who has served you and your country by vol- January 2012 unteering as a pro-bono attorney in the program! The form is on the TCBA website, in the right-hand pane, by double-clicking “volunteer.” Or you can email Pat Leake at [email protected], and she will forward you a copy of the form and give you more information. Remember, if you join the Legal Aid of NorthWest Texas veterans’ pool, you do not have to have professional-liability insurance in order to take a pro-bono case through the program. 9 L AWYER ON THE L OOSE -S POTLIGHTING M ILLI L. J ACKS ten months in the “Lil' Alive and Kickin' Dragons” program, I ife is full of surprises – some good, some bad. I am happy to report that I have been surprised for the good. Ten years ago, I was kneedeep in diapers, baby food, and as far away as possible from the practice of law, with no intent to return to it. Little did I know what awaited me in the not-so-distant future. When I became pregnant with my first child in 2000, I decided to say “goodbye” to lawyering after seven years of practice and “hello” to being a full-time stayat-home mom. Instead of shutting the door on the practice of law altogether, I opted for “inactive” status. In October 2000, my precious David was born, and sweet Laura followed in September 2002. Fast forward six years. . . Once both of my kids were in school fulltime, my husband and I decided that it would be best for our family that I return to work part-time, and returning to law made the most sense. Through a wonderful and providential series of events, I was introduced to some topnotch oil-and-gas-title examiners, and a new career was born. I became the first associate at Judd & Vural, P.L.L.C., in September 2008, and I became a partner in January 2009. Rewind two years before that . . . When my oldest was five, we decided to start looking for an activity for him that would promote character development, physical strength, coordination, and confidence. We were introduced to the wonderful instructors at Karate Works in Benbrook, Texas, and knew that training at their studio was the perfect fit. After watching my son on the mat for about L decided that it was time for me to give the martial arts a try. I began as a white belt in May 2007. Because my son, who was then a yellow belt, had incredible focus and a gift for explaining the various techniques that he had learned thus far, his added instruction helped me to quickly progress through my first two belts. By October 2007, we were testing together for our Yellow/Black belts. About a year later, my daughter decided to join the martial arts, and Tae Kwon Do officially became a family affair for the Jacks. My time at home raising my children was the best decision that my family could have ever made. In some ways, however, I felt like I had lost a little bit of myself during those early years of child rearing. There is not a lot of room or time for individual achievement when one is consumed with changing diapers, wiping runny noses, etc., but nothing compares to being able to be the one to teach your children the foundational lessons of life and being able to see all of the “firsts.” As a martial artist, I was being challenged at every training session and had a goal in sight— whether that was my next stripe, my next belt, or even executing my next move. Being challenged and “stretched” is a good feeling, and having a goal to achieve gives one a new purpose in life. Tae Kwon Do has been a great confidence builder for me. In fact, I credit Tae Kwon Do and my family at Karate Works to a great extent in playing a major role in my decision to return to the working world as a lawyer. Facing the workforce again after an eight-year break was much easier with a blue belt around my waist. I also credit my friends and co-workers at my law firm in playing a major role in my testing for Black through their constant encouragement. Fast forward to the present . . . My son and I tested for our Black belts on September 9, 2011, and are now First-Degree Black Belts. Achieving that goal is a wonderful feeling, and doing it with my son makes it even more special. Not only do I feel better prepared were I to be attacked, but I am convinced that I am physically and mentally stronger and sharper than I would have been had I never taken the plunge into the martial arts. I recommend this “plunge” to anyone who is looking for an exciting and challenging way to “shake things up”—both mentally and physically— in his or her life. I am now in the “not-so-distant” future (from ten years ago) with a Black belt around my waist, practicing oil-and-gas-title examination (parttime at that!) as a senior partner at Judd & Jacks, P.L.L.C. (now 26 attorneys strong), and loving every minute of it. To say that I am pleasantly surprised would be an understatement. I guess that you could say that I have finally found my niche . . . and, after all these years, I am still alive and kickin'! Milli Announcing A New TCBA Section Business Litigation Section Join this section by mailing dues of $30 to Sherry Jones at TCBA or pay your dues at the first meeting. with new First Meeting January 11, 2012, Noon, Petroleum Club $15 membership. $25 for nonmembers. RSVP to [email protected]. Next Meeting: April 11, 2012 Petroleum Club $25 for members. 10 January 2012 TCBA Bulletin JU C DI IA L JUDGE N ANCY B ERGER , 322nd District Court PR I OF LE udge J Nancy Berger has presided over the 322nd District Court since first being elected in 2006. Her background as a certified public accountant is often useful in the court, which hears familylaw cases. Early Years in West Texas Judge Berger grew up in west Texas, where her father was a department-store manager and her mother was a schoolteacher. Judge Berger has an older brother and a younger sister. As early as third grade, Judge Berger, together with the other members of her family, helped her father in the department store at inventory time. Her mother was a Methodist minister's daughter and was determined to give her children many opportunities for educational enrichment. By the time tht Judge Berger graduated from Abilene High School, she had studied piano and music theory under a teacher from Julliard and ballet, tap, and toe under a teacher from the American School of Ballet. She studied and taught competitive baton twirling and ballroom dancing. She and her sister called square dances on television in Amarillo. Attending college on a clarinet scholarship to McMurry in Abilene, Judge Berger studied business and accounting with an eye toward eventually going to law school. She never made less than 100% on a math test and attributes that success to her studies of music theory. Early Career and Law School Following college, Judge Berger worked as an accountant for several oil companies. She passed the CPA exam and was one of the first female CPAs in the Oklahoma City office of Arthur Andersen & Co. While working full-time for EDS in Plano, and with three kids still in college, TCBA Bulletin By LYNN KELLY, Lynn Kelly Law Firm PC Judge Berger went to law school at night as a member of the first class of Texas Wesleyan University School of Law. To make the best use of her time, she listened to instructional tapes for school during her commute. Judge Berger was in two car accidents and for six months had to fit physicaltherapy appointments into her already overly full schedule. She recalls that one of her professors, Dean Fred Moss, pulled her aside outside of class and encouraged her not drop out of law school. She said that his kindness and insight had a huge impact on her. Most Rewarding/Most Difficult Aspects of Her Job Judge Berger says that she likes all aspects of being a judge. "It is very satisfying to help families and kids in crisis." She feels that her background and years of life experience make her an understanding judge. She says tht it is disturbing and disheartening to hear some of the stories of families in crisis. She also points out that Tarrant County is fortunate to have many organizations that assist families in crisis, such as Texas Wesleyan School of Law's pro-bono clinic, Safe Haven, Legal Aid of NorthWest Texas, and many church organizations that understand the needs of the community. Advice to Attorneys Judge Berger advice is that the experience gained by volunteering for law clinic is invaluable. She also recommends that new attorneys seek out a mentor for practical and procedural advice and spend some time watching proceedings in the courtroom. New attorneys should diligently prepare for every hearing and keep in mind that talking to court staff can save time and prevent heartaches. Although she comments that most attorneys in her court do well, she reminds attorneys to review the paperwork carefully with the client before to the hearing to make sure that it is current, correct, and complete. She says that it is also important for attorneys to ask their clients just before a prove-up hearing whether January 2012 there are any bankruptcy filings that might impact the case. Trends in the Family Courts Recently, Judge Berger has noticed many more pro-se litigants. She attributes this fact not only to the economy, but also to the increased ability of "do it yourself" legal forms on the internet. She notes that although she cannot give pro-se parties legal advice, these cases often require more of the court's time. Judge Berger points out that the forms do not explain legal rights, cannot substitute for legal advice, and may result in inequitable divisions because all of the relevant facts and circumstances may not be revealed by the forms. Wedding in Chambers As with other judges, Judge Berger is sometimes asked to perform wedding ceremonies. Late one afternoon, a couple requested lastminute nuptials, and the bride commented that she had hoped to carry flowers "down the aisle." Judge Berger and her staff quickly improvised, gathering a potted aloe vera and flowering kalanchoe plant, which the bride happily carried into the judge's chambers in the traditional step-pausestep manner. A few days later, the bride and groom sent a gorgeous flower arrangement to the court for all to enjoy. What You Might Not Know About Her Judge Berger and her husband, Art, met on a blind date and were married three months later. Art is also a CPA. They have been married for 39 years, and together they have five children and nine grandchildren. Judge Berger made her daughters’ costumes for twirling and pageants, including one piece for which she attached intricate ruffles with fishing line and six thousand hand-set rhinestones. She is a lifetime member of the PTA and a strong supporter of the arts, among other things, serving as the financial coordinator of the Arts Council of Tarrant County. She has also had a solo practice as a CPA and as an attorney. 11 N A T I O N A L A D O P T I O N D A Y A T TCBA C E L E B R A T I N G 12 Y E A R S n 2000, Judge Jean Boyd asked the Tarrant County Bar Association to undertake a new project that provided legal services to families adopting children who had been placed with Child Protective Services. Since its inception, the Tarrant County National Adoption Day program has assisted in the adoption of hundreds of children. At the 2011 event held on Friday, November 18, 41 children were adopted by 30 families. The Family Law Center was full of laughter and giggles as these families celebrated their new beginnings. Each adopted child was presented with a necklace provided by Kubes Jewelers, a book, stuffed toy animals, and the book “Keep Dreaming,” signed by local author Jake Brittain and local illustrator Scott Dykema. Each mother was presented with roses provided by the Bob Leonard Law Group. This outstanding project would not be possible without the assistance of so many who give their time, support, and donations. Thanks to the attorneys who provided the legal services and mentored the Texas Wesleyan School of Law students: Frank Adler, Lee Barrett, Shannon Boyd, Eric Freeby, Fred Howey, David Joyce, Vanessa Kelley, Abbey Kirby, Michael Maxvill, Thomas McKenzie, Shane O’Dell, Heather Ogier, Belker Paschall, Brandon Rasley, Aleed Rivera, Renee Sanchez, Kellye Swanda, and Craig Woodcook. Thanks to the law students who participated in the adoption cases: Antonio Allen, Ryan Clay, Chris DeLisio, Sonia DeOchoa, Jennifer Fjerestad, Kimberly Grant, DeAndrea Jackson, Keeton Monahan, Daniel Monte, Chad Richwine, Rusty Roeger, Cheryl Schwarzer, Zainah Shafi, Clara Soto, and Charles Tibbels. Thanks to I he committee says “Thank you” to the TCBA members. We surpassed the goal of $5,000, reaching $6,000 plus a donation made on behalf of TCBA by Frost Bank. We also collected 78 pounds of canned food. The committee was very proud of the participation by law firms and their staffs. The largest donations were $500 donations made by the firms of the Law Office of Art Brender; Gardner, Aldrich; and Whitley Penn, LLP. Firms making donations of $250 included Michael & Linda Bourland of Bourland, Wall, & Wenzel; Friedman, Sudder & Cooke; Lanter Westerman; Law Offices of St. Clair Newbern; Mr. Stavinoha of Perdue, Brandon, et al; and Mr. the judges who participated: Judge Nancy Berger, Judge Cynthia Mendoza, Judge James Munford, Judge Mike Sinha, Judge Judith Wells, and Judge Terri White. Also, thanks to the sponsors of the 2011 National Adoption Day: CASA of Tarrant County, Department of Family & Protective Services, Eldon B. Mahon Inn of Court, Family District Courts of Tarrant County, HALO, Juvenile Court of Tarrant County, Tarrant County Bar Association, Tarrant County Bar Foundation, Tarrant County Family Bar Association, and Texas Wesleyan School of Law. Thanks to the Donors, All Church Home, Bob Leonard Law Group, Jake Brittain, Scott Dykema, HALO, Haynes and Boone, LLP, Kubes Jewelers, Southlake Kiwanis Club, Tarrant County Bar Foundation, and District Clerk Tom Wilder and his staff. A special “THANK YOU” to Chair Karen C. Denney and her committee, Frank Adler, Kimberly Bielski, Cory Bishop, Judge Jean Boyd, Shannon Boyd, Lea Ann Blum, Gil Daley, Stephanie Daley, Gladys Demus, Eric Freeby, Deatra Gills, Brenda Lund, Mitzi Meyer, Courtney Richards Leaverton, Patricia Nolan, Susan Paquet, Ruth Ann Patsel, Reeti Raisinghani, Karla Reese, Renee Sanchez, Judge Ellen Smith, Kellye Swanda, Patti Gearhart Turner, Judge Judith Wells, Cindy Williams, and TCBA staff member Sherry Jones, for all of their time and support in the planning and coordinating of the celebration! T 12 Swindle of Whitaker Chalk. Many other donations ranging from $5 to $155 were received from Beadles, Newman & Lawler, PC, and $150 from Moses, Palmer & Howell, LLP. All of these efforts made this Food Drive a great success. Your donations will go a long way to help the hungry—especially the children. Thanks for the hard work by Committee Chair Tawanna Gray, Chair-Elect Courtney Key, and members Ronnie Hall, Greg Kubes, Brooke Mixon, and TCBA staff member Pat Leake, who got the January 2012 brown bags out and picked them up. Food Drive Committee Chair Tawanna Gray. Bo Soderbergh, executive director of Tarrant Area Food Bank, receiving Foundation check for $6,000 from TCBF Chair Mike Sheehan. TCBA Bulletin Santa Claus did come to TCBA and what a blast! hanks to the planning and efforts of the holiday-party T committee, everyone had a fantastic time, saw Santa (aka David Farris), and had his or her picture taken. The food was fabulous—thanks to the planning of Theresa Copeland. The wonderful decorations were gathered and placed by chair John Corbin, Wendy Hackler, Patricia LaRue, Jane Fritz, Dan Sullivan, and TCBA director-liaison Karmen Johnson. TCBA members did a come’n’ Lori Spearman—Mavs tickets; go on Thursday, December 8, for James Foley—$50 cash; and Nancy Gordon—$50 cash. the annual holiday party. Most of the members brought stuffed aniTCBA wished eveyone a wonmals, which were placed under the derful holiday season, and wishes a tree and will be donated to the prosperous New Year to all. Tarrant County Family Law Courts for use during proceedings involving children. A special thanks to the holidayparty sponsor Bank of Texas, which has been a loyal sponsor of this event for many years. Also, thanks to John Doyen of Lexis Nexis for furnishing Maverick tickets for door prizes. What a Charlie Powell and Pam Drenner of Bank of treat! The door-prize winners were Texas with Robert Aldrich, TCBA president Committee members Committee Chair John Corbin Karmen Johnson Theresa Copeland Ho, Ho, Ho Santa was kept busy with judges, members and families wanting to share in the holiday joy. Thanks, Santa, for a job well done. Happy Holidays to all. TCBA Bulletin January 2012 13 F ROM THE CIVIL SIDE NEW CRIMES THAT YOU MAY (OR MAY NOT) NEED TO KNOW ABOUT: A private autopsy facility is required to post a notice stating that “a person may file with the Texas Medical Board a complaint against a physician who performs autopsy services.” Tex. Health & Safety Code § 671A.002. It is now a criminal offense for such a facility to fail to do so. Tex. Health & Safety Code §671A.003. DID YOU KNOW ? In the late 1700s, many houses consisted of a large room with only one chair. Commonly, a long, wide board folded down from the wall and was used for dining. The “head of the household” always sat in the chair, while everyone else ate while sitting on the floor. Occasionally, a guest (usually a man) would be invited to sit in this chair during a meal. To sit in the chair meant that the person was important and in charge. The one sitting in the chair was called the “chair man.” Today, in business, we use the expression or title “chairman” or “chairman of the board.” [Thanks to Harold Carter for this item.] A SK J UDGE B OB : Judge Bob, are there any three- or five-year limitations periods in Texas? Yes—for adverse possession. “A person must bring suit to recover real property held by another in peaceable and adverse possession under title or color of title not later than three years after the day the cause of action accrues.” Tex. Civ. Prac. & Rem. Code §16.024. “A person must bring suit not later than five years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who: (1) cultivates, uses, or enjoys the property; (2) pays applicable taxes on the property; and (3) claims the property under a duly registered deed. Tex. Civ. Prac. & Rem. Code §16.025. 14 BY J USTICE B OB M C C OY , 2nd Court of Appeals ASK THE DANES: Cleo and Ramses, can people in Texas own wild animals such as lions? People may own dangerous wild animals such as lions only in counties that have adopted regulatory provisions under the Dangerous Wild Animal Act (chapter 822 of the Texas Health & Safety Code) and only after the owner has met all requirements, passed inspection, and obtained insurance. Such possession is prohibited in counties that haven’t adopted the regulatory provisions. THE DANES’ QUOTE OF THE MONTH: “If you want a friend in Washington, get a dog.” -Harry S. Truman ITEMS OF INTEREST 1. Independent Contractor “An independent contractor who is put in control of the premises by the owner is under the same duty as the owner.” Foreman v. Allen Keller Co., 343 S.W.3d 428, 431 (Tex. App.––San Antonio 2009) (mem. op.) (citation omitted), rev’d on other grounds, 343 S.W.3d 420 (Tex. 2011). 2. Mandatory Forum-Selection Clause “When a party seeks to enforce a mandatory forum selection clause, a court must determine whether the claims in question fall within the scope of that clause. The court bases this determination on the language of the clause and the nature of the claims that are allegedly subject to the clause.” Stokes Interest, G.P. v. SantoPietro, 343 S.W.3d 441, 445 (Tex. App.––El. Paso 2010, no pet. h.) (citations omitted). 3. Parole Evidence Rule “The parole evidence rule does not bar evidence of a collateral agreement.” Gail v. Berry, 343 S.W.3d 520, 523 (Tex. App.––Eastland 2011, pet. struck) (citation omitted). January 2012 4. Easement “An easement is the privilege to use another tract of land for some limited purpose.” Goodenberger v. Ellis, 343 S.W.3d 536, 541 (Tex. App.––Dallas 2011, no pet. h.) (citation omitted). 5. Easement By Estoppel “Although easements are typically evidenced by a writing or deed, an easement by estoppel is an exception to the statutes requiring a writing. Under the doctrine of easement by estoppel, the representations of the owner of the alleged servient estate may estop that owner from denying the existence of an easement when those representations have been relied on by the owner of the alleged dominant estate. The elements of easement by estoppel are: (1) a representation, either by word or action, to the promisee; (2) the representation was believed; and (3) the promisee relied on the representation. Id. (citations omitted) 6. A Little Criminal Law “Reasonable suspicion to stop and detain a person for the purposes of investigating possible criminal behavior requires only that the officers have specific and articulable facts, which taken together with rational inferences from those facts reasonably warrant the intrusion. This is a lesser burden on the officers than probable cause which requires that the totality of the circumstances form a conclusion that there is a fair probability of finding contraband or evidence at a particular location.” Ortega v. State, 343 S.W.3d 556, 559 (Tex. App.–– Amarillo 2011, no pet. h.) (citation omitted). 7. A Check “It is settled law that a check—as a type of negotiable instrument—is a formal contract, a rule established not only in treatises but also the common law of this state and other states.” 1/2 Price Checks Cashed v. United Auto. Ins. Co., 344 S.W.3d 378, 383-84 (Tex. 2011) (footnotes omitted). TCBA Bulletin 8. Medical Malpractice “In this case we consider whether claims against a nursing home regarding a patient's death alleged to have been caused by a brown recluse spider bite are health care liability claims (HCLCs) that required an expert report to be served. The trial court and court of appeals held that they were not. We disagree.” Omaha Healthcare Ctr., LLC v. Johnson, 344 S.W.3d 392, 393 (Tex. 2011) 9. The Hughes Doctrine “The Hughes doctrine provides that when an attorney commits malpractice in prosecuting or defending against any claim that results in litigation, the statute of limitations is tolled until all appeals on the underlying claim are exhausted . . . The Texas Supreme Court later expanded on Hughes to include situations [in which] the lawyer’s underlying malpractice occurred in a non-litigation setting.” Edwards v. Dunlop-Gates, 344 S.W.3d 424, 431 (Tex. App.—El Paso 2011, pet. filed) (citations omitted). 10. Declaratory Relief “It is an abuse of discretion to award attorney’s fees in connection with a claim for declaratory relief when the statute is relied upon solely as a vehicle to recover attorney’s fees.” Poole v. Karnack Indep. Sch. Dist., 344 S.W.3d 440, 445 (Tex. App.—Austin 2011, no pet. h.) (citations omitted). 11. Penalty “In order to enforce a liquidated damages provision and determine [that] the provision is not a penalty, ‘the court must find: (1) that the harm caused by the breach is incapable or difficult of estimation, and (2) that the amount of liquidated damages called for is a reasonable forecast of just compensation.’” GPA Holding, Inc. v. Baylor Health Care Sys., 344 S.W.3d 467, 475 (Tex. App.—Dallas 2011, no pet. h.) (citations omitted). 12. Official Immunity “Good faith for official immunity is not measured by the official’s subjective intent.” Tex. Dep’t of Pub. Safety v. Rodriguez, 344 S.W.3d 483, 489 (Tex. App.—Houston [1st Dist.] 2011, no pet. h.) (footnote omitted). 13. Governmental Immunity “[B]ecause [Texas Health & Safety Code section 101.106 (‘Election of Remedies’)] involves governmental immunity and because under Subsection (f) the Legislature has provided a specific thirty-day window within which it permits the State’s immunity to be pierced upon timely compliance thereof by both dismissing the governmental unit’s employee and naming the governmental unit as a defendant, we conclude that parties are not permitted, under [Texas Rule of Civil Procedure 11 (‘Agreements To Be in Writing’)] or otherwise, to extend the thirty-day period within which the State’s waiver of immunity exists.” Tex. Tech Univ. Health Sci. Ctr. v. Williams, 344 S.W.3d 508, 514 (Tex. App.—El Paso 2011, no pet. h.). for the first time on appeal.” Werley v. Cannon, 344 S.W.3d 527, 536 (Tex. App.—El Paso 2011, no pet. h.) (citation omitted). 15. Statutory Construction “We are not free to rewrite [Texas Government Code section 2110.226 (‘Texas Department of Criminal Justice and Texas Board of Criminal Justice’)] in the guise of construing it.” Foster v. Tex. Dep’t of Criminal Justice, 344 S.W.3d 543, 548 (Tex. App.—Austin 2011, pet. denied) (citation omitted). LEGAL QUOTE OF THE MONTH “Give a wise man an honest brief to plead / and his eloquence is no remarkable achievement.”—Euripides, The Bacchae (c. 405 B.C.), trans. William Arrowsmith OLD NEWS—Ordinance 92 On December 26, 1876, the Fort Worth City Council passed Ordinance 92, which prohibited males from “riding, walking or promenading” in public areas of the city with any “prostitute or woman of ill fame,” subject to fines ranging from ten to twenty-five dollars. The legal issue of who was a prostitute was to be determined by “general reputation” or “prima facie evidence.” Public outcry and the questionable legal standard led, in February 1877, to an amendment stating that only “riding or driving” with such women between the hours of 4 a.m. and 9 p.m. was prohibited. T AX E STATE P LANNING S ECTION is pleased to announce that its section luncheon will host the C ANNON 2012 E STATE P LANNING T ELECONFERENCE S ERIES Tuesday, January 24, 2012 Sponsored by Mid-Winter’s Hottest Estate Planning Recent Developments • Additional reminders of our risks in trust administration and fiduciary liability • More from the world of retirement assets • Intriguing valuation developments • IRS guidance regarding charitable giving • Important developments regarding what is includible in a decedent’s gross estate Petroleum Club 14. Affidavit “[A]n objection that an affidavit is conclusory is an objection to the affidavit’s substance, and may be raised TCBA Bulletin & January 2012 1.5 hours of CLE $10 for section members; $15 for non-section/guests/walk-ins RSVP by noon on January 20 to Eva Joness at 817-870-8757 or [email protected] 15 Legal Aid of NorthWest Texas invites you to be our guest as we celebrate our 60th Anniversary 1951 Fort Worth Bar Association Officers and Directors Our journey began 60 years ago, when 11 lawyers decided that legal advice and aid should be available to anyone, regardless of ability to pay. From that vision came Legal Aid of NorthWest Texas, the fifth largest legal services program in the United States. Please join our Chief Executive Officer, board members, attorneys, volunteers and members of the comunity in celebrating the vision of our founders. Thursday, January 19, 2012 Ashton Depot 1501 Jones Street Fort Worth, Texas 76102 5:30 p.m. - 7:30 p.m. This is not a fundraiser RSVPs appreciated Jane Fritz [email protected] or 817.339.5309 16 January 2012 TCBA Bulletin I N M EMORIAMS James L. Bearden Jim Bearden passed away on November 9, 2011, at the age of 60, in Fort Worth. He was born on August 20, 1951, in Dallas. As an adult, he started his career working for the United States Central Intelligence Agency. Thereafter, Jim started a private investigative agency in the Dallas-Fort Worth area that is still in existence today. Jim had a long career in private investigation and security and worked on a number of high-profile cases. He returned to school later in life, earning his law degree from Texas Wesleyan School of Law in Cecil E. Munn Cecil E. Munn died on November 18, 2011, at the age of 88. Mr. Munn was born in Enid, Oklahoma. After he graduated from the University of Oklahoma, Mr. Munn obtained his law degree, with honors, from Harvard Law School. In 1947, Mr. Munn began practicing law in Enid but later joined the law department of Champlin Petroleum Company (which later became known as Union Pacific Resources and now is Anadarko Petroleum). In 1960, he joined Cantey, Hanger, Johnson, Scarbrough & Gooch, which soon became Cantey Hanger Gooch Munn & Collins. Mr. Munn handled complex commercial litigation in federal and state courts throughout the United States, including appearing before various federal agencies in Washington on behalf of James A. McMullen, III James A. McMullen, III, passed away on November 19, 2011, at the age of 82. He was born in 1929, in Lufkin, Texas. He received his undergraduate and law degrees from the University of Texas in six years, entered military service, and served proudly as a captain in the JAG Corps. In 1958, he moved to Fort Worth to practice law with Stone, Agerton, Parker, and Snakard. In 1960, he was elected president of the Fort Worth Junior Bar, and he later served as a director of the State Junior Bar Association and was nominated by the Fort Worth Junior Bar for the Outstanding Lawyer in Texas award. In 1973, he opened his own law practice and a branch office of Rattikin Title Company. AFter being licensed in 1954, he practiced law for a total of 57 December 2001 and opening up his practice in Arlington. Before that, he graduated from the University of Texas at Arlington with a political-science degree. Jim was past president of the Texas State Museum of History, general counsel to the Texas Association of Licensed Investigators, and a member of many other professional organizations. He was a resident of Arlington since 1972, and he was active in his church, St. Vincent De Paul Catholic Church, and many other community organizations. He was a longtime member of the Tarrant County Bar Association, the Dallas County Bar Association, the American Society of Industrial Security, and the Texas Criminal Defense Lawyers Association. companies such as American Airlines, Shell Oil, Champlin/Union Pacific, Ken Davis Industries, and General Motors Corporation. He was a former chairman of the Natural Resources Law Section of the American Bar Association and a fellow in the American College of Trial Lawyers. He was a longtime member of TCBA, and, in 1992, he received the Blackstone Award from the Association (its highest recognition) for exemplifying the highest attributes of the legal profession. Mr. Munn was devoted to his family, friends, and law firm. He was known for his keen intellect, his brilliant writing style, and his wit. He was consistently respectful of lawyers and the profession that he loved. years. He specialized in real-estate, probate, and corporate law, with an additional specialization in interstate land sales. He was instrumental in the development of the De Cordova Bend and Pecan Plantation developments on Lake Granbury. He successfully handled numerous appellate cases, including Calvert v. Fort Worth National Bank, 356 S.W.2d 918 (Tex. 1962) and Van Zandt v. Fort Worth Press, 359 S.W.2d 893 (Tex. 1962). During his practice in Fort Worth, he and his wife, Mary Louise, organized and hosted the Blackstone Award Dinner for the Tarrant County Bar Association for over 25 years. In 1999, he received an award for his bar association membership and service. He also served as a longtime editor of the Fort Worth Bar News, and he frequently wrote freelance articles for the Fort Worth Star-Telegram. Jim proudly served his country in the Judge Advocate Generals Corps, U.S. Army, as defense and trial counsel in over contnued to page 18 TCBA Bulletin January 2012 17 contnued to page 18 300 General Court Martial proceedings. He was very politically active, running several local campaigns over the years. Jim loved the practice of law and had a very strong work ethic, as evidenced by the fact that he was still actively working with his clients up until a week William P. “Pat” Weir William P. “Pat” Weir passed away on November 28, 2011, at the age of 71, following a long battle with cancer. Born in Hobbs, New Mexico, Mr. Weir and his family moved to the metroplex area when he was a young child. Mr. Weir graduated from Southern Methodist University School of Law, earning his B.A. in 1962 and his LL.B. in 1964. He was a member of Phi Alpha Delta fraternity and served as treasurer from 1963-1964. Mr. Weir was admitted to practice law in 1964. Having spent much of his teenage years working for his father’s roofing-and-sheet-metal company, and learning firsthand the ins and outs of the construction industry, Mr. Weir chose to specialize in construction law. He began his career with the firm of Tuchin & Jackson, which later became Tuchin & Weir. In 1979, he formed his own law firm—Law Offices of William P. 18 before he passed away. Jim was fond of reminding lawyers that, in his opinion, the practice of law was an honor and a privilege, not a right, and because of that, as lawyers we should all give freely of our talents not just to the bar, but to the community as a whole. Weir, Inc. He was licensed to practice in the state of Texas, the Northern District of Oklahoma, the Fifth Circuit Court of Appeals, the Texas Supreme Court, and the United States Court of Appeals for the Federal Circuit. Mr. Weir was a longtime member of the Tarrant County Bar Association, the State Bar of Texas, the Texas Trial Lawyers Association, the American Bar Association, and the Association of Trial Lawyers of America. He also regularly volunteered as a mediator during Tarrant County Settlement Week. Mr. Weir was an active member and elder of First Presbyterian Church Fort Worth, where he taught an adult Sunday school class for many years. He will be greatly missed by his loving family and friends. January 2012 TCBA Bulletin Law Offices of Steven C. Laird, P.C. C ONTINUING TO BE YOUR TRUSTED COLLEAGUES FOR Wrongful Death - Personal Injury Referrals We wish to extend the Tarrant County Bar Foundation a Happy 15th Anniversary * Wrongful Death * Trucking Accidents * Car Wrecks * Workplace Injuries * Oil and Gas Field Injuries * Premises Liability * Construction Accidents * Select Individual and * Crane Accidents Business Litigation V isit our website to see who we are, what we do, and how we can help your clients, family, and friends. www.texlawyers.com 817-531-3000 EXPERIENCED LAWYERS SERIOUS CASES TCBA Bulletin January 2012 FOR 19 TCBA TCBA members may take MEMBER advantage of discounts provided B E N E F I T S - by the following vendors: VENDOR ABA Retirement Funds program provides full-service 401(k) plans to LIST benefit the legal community. To learn more, contact local rep. Jacob Millican at 817-451-5020 or visit www.abaretirement.com. AMO Office Supply offers TCBA members the lowest price guaranteed on office supplies, with next-day delivery and free shipping! Call 800-420-6421. Mobile Phone Services AT&T offers members a discount on all purchased mobile-phone equipment, plus 8% off on monthly service applying to new & current AT&T customers. Sprint offers 15% off the monthly service. For info, contact [email protected] or 817-338-4092. Falcon Litigation Solutions offers discounts on copying, litigation displays, trial boards, etc. Call 817-870-0330. Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed materials--business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817-577-0572. New UPS - TCBA has signed an agreement with UPS for TCBA members to receive discounts on shipping. The discounts vary according to the type of shipment, but check out UPS for your needs. www.ups.com or 1-800-PICK-UPS. For IT help: Juris Fabrilis-Cool Tools for Lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817-481-1573 ext. 101. For Shredding and Document Disposal: Magic Shred. It is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Expanco is N.A.I.D. AAA-Certified document-destruction service offering 40% off to TCBA members. Call TCBA office for details on both. 20 January 2012 TCBA Bulletin TARRANT MEDIATION CENTER Scheduling Mediations Daily LL E I GN A EL TCBA SALUTES OUR VOLUNTEERS, THE REAL STARS OF LEGALLINE Civil & Family Law Mediations Available Full- or half-day at competitive rates Experienced mediator in a comfortable setting and convenient location Complimentary parking *Denotes Staff Volunteer November 10, 2011 No December Joseph Colvin Lauren Lockett James Saint Brad Shaw LegalLines *Carolina Ibarra I’m ready, willing and qualified to help you resolve your conflicts ! Call Now ! To volunteer for LegalLine, call Carolina Ibarra at J. Kevin Clark Attorney-Mediator C New Location B 817.338.4092 or email [email protected]. 777 Main Street, Suite 600 Fort Worth, TX 76102 817-348-6723 Fax: 817-377-9893 www.lawyers.com fÑxv|tÄ g{tÇ~á to the Tarrant County Bar Foundation for covering the costs of a light dinner for our LegalLine volunteers during the November clinic. HAPPY NEW YEAR! New Year’s is a time to reflect on the year past. It is also a time to set goals for the future, and Edward Jones can help you do just that. We’re in your neighborhood and available to help you take steps now to help meet your longterm financial goals. Call today to set up a complimentary portfolio review. Robert J Holman, CFP® Financial Advisor . 3426 S University Dr Ft Worth, TX 76109 817-922-8934 www.edwardjones.com TCBA Bulletin January 2012 Member SIPC 21 /BUJPOBM5BY$POUSPWFSTZBOE /BUJPOBM5BY$POUSPWFSTZBOE 5 BY-JUJHBUJPO-BX'JSN 5BY-JUJHBUJPO-BX'JSN -BXSFODF#SPXO "UUPSOFZ'PVOEFS +FGG-FSOFS"UUPSOFZ 'PSNFS6 4%FQBS UNFOUPG+VTUJDF 5BY%JWJTJPO5SJBM"UUPSOFZ "7.BS UJOEBMF )VCCFMMQFFSSFWJFX SBUJOHIJHIFTUQPTTJCMFGPSMFHBM QSP¹DJFODZBOEQSPGFTTJPOBMFUIJDT DBTFTFWFSQVSTVFECZUIF*34 1SFFNJOFOU"UUPSOFZBXBSEFE UPPGQSBD UJDJOHBUUPSOFZTCZ .BS UJOEBMF )VCCFMM $BSPMZO%PWF"UUPSOFZ Z *340G ¹DFPG$IJFG$PVOTFM 'PSNFS7JDF1SFTJEFOU¬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offices TARRANT T ORTFEASORS S HOW, W. E. Scott Theater B ENCH B AR C ONFERENCE XIX, The Cliffs Resort, PK Lake L AW DAY AWARDS D INNER , Fort Worth Club OTHER ASSOCIATIONS’ NEWS & INFORMATION FW-TC YLA 2011-2012 Bar Year began a new term on September 1, 2011. If you need an application or meeting information, call 817-338-4092, e-mail cindy@tarrant bar.org, or go to the website at tcyla.org. Arlington Bar Association meets on the 3rd Wednesday of each month. For location & information, contact President Donna J. Smiedt at 817-572-9900 or email [email protected]. MABA (Mexican American Bar Association) meets on the last Thursday of each month at Santa Fe Cafe, 2400 Meacham Blvd., Fort Worth, 76106. For more information, contact President Eloy Sepulveda at 817-332-1285. Northeast Tarrant County Bar Association (NETCBA) meets for CLE luncheons on the 3rd Tuesday of each month at LaHacienda Restaurant, Hwy. 22 121. Contact President Kate Smith at 817-479-0562 or [email protected]. Tarrant County Black Bar Association meets on the 3rd Tuesday of each month at 6:00 p.m. For more information, contact President Loren Green at 817-265-7000. Tarrant County Criminal Defense Lawyers Association (TCCDLA) meets every 2nd Thursday at Joe T. Garcia's, 2201 N. Commerce. For more information, contact President Scott Brown at 817-810-0400 or [email protected]. Tarrant County Family Law Bar Association meets on the last Tuesday of each month. For more information, contact Matthew Riek at 817-548-5696 or email matthewriek@arlingtonfamilylaw. com. Tarrant County Trial Lawyers Association meets on the 4th Wednesday January 2012 of each month at Joe T. Garcia’s. For more information, contact Ken Kraatz at 817-335-5525 or email mhcorn75@ hotmail.com. Tarrant County Probate Bar Association meets on the 1st Thursday of each month at the Petroleum Club— members free, guests $25. For more information, contact Kathy Roux, 817874-8877or [email protected]. Texas Wesleyan School of Law Library The Dee J. Kelly Law Library welcomes bar members! Hours for January 2012 Monday-Thursday 7:30am - midnight Friday 7:30am - 8:00pm Saturday 9:00am - 8:00pm Sunday 10:00am - midnight Exceptions: January 1-closed; January 27, 9am-5pm-closed to public, bench, & bar; January 16-closed. Guests need photo ID; Alumni need school ID. FMI email [email protected]. TCBA Bulletin O C F A L E E V N D E A N R T S To make reservations for any of these events, contact Sherry Jones at 817-338-4092 or [email protected]. For more upcoming events, visit www.tarrantbar.org. January 2012 MONDAY, January 2 TCBA offices closed for New Year Holiday FRIDAY, January 6 11:45am Women Attorneys Section Luncheon Petroleum Club, $25 members; $28 guests MONDAY, January 9 4:30pm TCBA Board Meeting, TCBA offices City Club, $30 guests FRIDAY, January 20 12:30Brown Bag Seminar - Appellate Law 3:45pm Texas Wesleyan School of Law 2-5pm Texas Lawyers for Texas Veterans Legal Clinic VA Outpatient Clinic, 2201 S.E. Loop 820 TUESDAY, January 24 11:30am Tax & Estate Planning Section Luncheon Cannon Estate Planning Teleconference Series Petroleum Club, $10 section; $15 non-section WEDNESDAY, January 11 Noon Business Litigation Section New Petroleum Club, $15 members; $25 guests THURSDAY, January 12 6-8pm LegalLine - TCBA office; light dinner WEDNESDAY, January 25 Members of program only Noon Transition to Practice Mentor Program Tarrant County Bar Center-RSVP to Cindy Rankin at [email protected] MONDAY, January 16 TCBA offices closed for MLK Holiday TUESDAY, January 17 Noon Real Estate Law Section Luncheon City Club, $20 members; $25 guests/walk-ins WEDNESDAY, January 18 Noon Diversity Committee CLE Luncheon Tarrant County Bar Center THURSDAY, January 19 11:30am Fort Worth Business & Estate Section THURSDAY, January 26 6-8pm LegalLine - TCBA office; light dinner TUESDAY, January 31 1-4pm Last Tuesday CLE - Ethics -- TCBA Office $80 members; $105 non-members 4:30pm Solo & Small Firm Section Mixer @ William Fitzgerald’s office, 1200 W. Magnolia Avenue, Suite 100 - 817-806-4501 February 2012 WEDNESDAY, February 1 Noon Corporate Counsel Section Luncheon Tarrant County Bar Center, $17 members; $20 guests THURSDAY, February 2 8:30am Fifth Annual All-Star CLE Program 4:50pm “Combining Legal History with the Cutting Edge” 6.75 hours of CLE - see registration on website Tarrant County Bar Center MONDAY, February 20 TCBA offices closed for Presidents’ Day TUESDAY, February 21 11:30am Tax & Estate Planning Section Luncheon Cannon Estate Planning Teleconference Series Fort Worth Club, $10 section; $15 non-section Noon Labor & Employment Law Section Luncheon Petroleum Club, $23 members; $25 guests/walk-ins FRIDAY, February 3 11:45am Women Attorneys Section Luncheon Petroleum Club, $25 members; $28 guests THURSDAY, February 9 Noon Energy Law Section Luncheon Petroleum Club, $20 members; $23 guests 6-8pm LegalLine - TCBA office; light dinner THURSDAY, February 23 6-8pm LegalLine - TCBA office; light dinner MONDAY, February 13 4:30pm TCBA Board Meeting, TCBA offices TUESDAY, February 14 11:45am CLE Membership Luncheon Fort Worth Club, $23 members; $25 guests/walk-ins THURSDAY, February 16 9am— Court Coordinator CLE Seminar 5pm Tarrant County Bar Center 11:30am Fort Worth Business & Estate Section Luncheon City Club, $30 guests TCBA Bulletin FRIDAY, February 17 12:30— Brown Bag Seminar - Trial Practices 4:30pm Texas Wesleyan School of Law 2 to 5pm Texas Lawyers for Texas Veterans Legal Clinic VA Outpatient Clinic, 2201 S.E.Loop 820 FRIDAY, February 24 9am— Diversity Committee Business Forum 4pm Tarrant County Bar Center MONDAY, February 27 Noon Bankruptcy Section Luncheon Petroleum Club, $20 members; $23 guests/walk-ins TUESDAY, February 28 1-4pm Last Tuesday CLE - Ethics -- TCBA Office $80 members; $105 non-members 4:30pm Solo & Small Firm Section Mixer, location TBA January 2012 23 TARRANT C OUNT Y L AW L IBRARY ACQUISITIONS NOVEMBER 2011 Books: • Damages in Civil Litigation, 2011; State Bar of Texas • Fundamentals of Texas Trial Practice – Civil and Criminal, 3rd ed.; Juris • Texas Rules of Evidence Trial Book, 2nd ed.; Juris The Tarrant County law library was established in 1944 following the enactment of a Texas statute that created a county-law-library system. In 1983, the library was moved to its present quarters on the fourth floor of the County Courthouse. In 1979, the law library was named the Dell Dehay Law Library of Tarrant County, in honor of Mrs. Dehay, who served as librarian from 1962 until 1979. Sharon Wayland, Law Library Director Peggy Martindale, Assistant Law Library Director Tarrant County Courthouse 100 W. Weatherford, 4th floor Voice: 817-884-1481 S K I P RSk EYNOLDS AT T O R N E Y AT L AW Civil Trials and Appeals l Business Disputes l Insurance Disputes l Contract Disputes l Professional Liability l General Civil Litigation www.attorneyreynolds.net 8 17. 3 9 0 . 0 3 0 0 Consultation or Representation 24 January 2012 TCBA Bulletin LAWYERS L ANew WMembers YERS on the move & in the news J. ANDREW NORMAN has joined the law firm of Brackett & Ellis, 100 Main Street, Fort Worth 76102, as an associate. Mr. Norman is from Beaumont, Texas. PATRICK D. SHERIDAN has joined the law firm of Harrison Steck, P.C., 512 Main Street, Suite 1100, Fort Worth 76102, as an associate. He can be reached at 817-348-0400 or psheridan@ harrisonsteck.com. KAREN SCHROEDER AND ROBYN ACCIPITER announce the opening of the firm of Schroeder & Accipiter, LLP, with a new location for each attorney at 1701 Highway 287 North, Mansfield 76063. Karen’s telephone is 817-842-0220 and email [email protected], and Robyn’s telephone is 817-453-7597 and email [email protected]. he annual Court Staff T Outstanding Court Staff, Civil (district/county courts at law/probate); TCBA Bulletin Associate Members Kamryn Caldwell Andrew Howell Marshall Jacobini David M. Jordan Kenneth Newell Patrick Sheridan Chad Smith Raven Willis Christopher Price Student Members Heidi Angel Outstanding Court Staff, Criminal; Outstanding Court Staff, Family; and Outstanding Court Staff, Federal. Appreciation Reception will be held on Thursday, March 29, 2012, at the Tarrant County Bar Center from 5 to 7 p.m. Balloting is now open for TCBA members to vote for outstanding court staff 2012. There are four classifications for which to vote: Attorney Members For a ballot form with the rules and regulations on it, email Sherry Jones at [email protected]. Ballots must be received at the Bar office by midnight, March 1, 2012. January 2012 25 CLASSIFIED ADVERTISING EMPLOYMENT OPPORTUNITIES OFFICE SPACE FOR LEASE EXECUTIVE SUITES EXCLUSIVELY FOR ATTORNEYS. Receptionist, conference room, telephone system, parking, etc. One block from Family Law Center. 400 E. Weatherford. Call 817-336-4451 or come by. No postings this issue O FFICE S UITES -- Office Space, Adjacent Civil Criminal - Family Courts. Fax - Xerox - Conference Rooms - Kitchen. 111 N. Houston or Wells Fargo North Main. Call 817-429-2000 - Dale. S ERVICES Raúl Cáñez for assistance with your immigration issues in English or Spanish. Raúl Cáñez para ayuda con sus asuntos sobre la inmigración en español o inglés. [email protected] 817-886-0651 Address Labels Available Classified Ad Rates Have you moved? Do you want to send an announcement? Purchase membership mailing labels for professional announcements, changes of address, etc. For more information, contact the Bar offices at (817) 338-4092 or email [email protected]. Members only: The first 15 words are $30 plus $1 per word thereafter for the Bar Bulletin. The same text to the website classifieds, which gets over 5,000 hits per month, is $20 per month. For a complete quote, contact Pat at email [email protected]. S PA C E I N B A R C E N T E R AVA I L A B L E F O R R E N T Not enough room for a large mediation, arbitration, or deposition? Remember the Tarrant County Bar Center!! With over 3,000 square feet in the Bar Center, it offers a great forum for large meetings and seminars. The 26 ARLINGTON’S HISTORIC DISTRICT - Professional Office Space and Executive Suites available midway between Dallas and Fort Worth. 220 to 2,171 square feet available with street-level parking. Email Christy Jordan at [email protected] or call 817-861-8442 ext. 2002. Center can be divided into three sections for mediations and arbitrations, or use just one section for your smaller meetings, luncheons, or study groups. Also available for rent is the large boardroom or a small conference room. For information, contact Tressia Graham at 817-338-4092 or tressia@ tarrantbar.org. January 2012 TCBA Bulletin Trust your transactions to the only merchant account recommended by over 60 bar associations! Member Benefit LawPay 866.376.0950 credit card processing www.tarrantbar.affiniscape.com AffiniPay is a registered ISO/MSP of Harris, N.A., Chicago, IL TCBA Bulletin January 2012 27 BAR BULLETIN - January 2012 TARRANT COUNTY BAR ASSOCIATION 1315 CALHOUN STREET FORT WORTH, TEXAS 76102-6504 ADDRESS SERVICE REQUESTED PRESORTED STANDARD U. S. POSTAGE PAID FORT WORTH, TX PERMIT 1807 If any of your contact information is incorrect, please submit your corrected information to the TCBA office at (817) 338-4092, fax to (817) 335-9238 or e-mail to [email protected].