L Torre L ke Re or nd Sp - Tarrant County Bar Association
Transcription
L Torre L ke Re or nd Sp - Tarrant County Bar Association
Bulletin February 2014 This year, join us at… La Torretta Lake Resort and Spa Bench Bar Conference XXI • April 25-27, 2014 La Torretta Lake Resort & Spa on Lake Conroe • Montgomery, Texas 2014 Conference Details Join fellow members of the Bench and the Bar at the newly renovated la Torretta lake Resort and Spa in Montgomery, Texas, April 25-27, 2014 for a memorable opportunity to network and build relationships while enjoying interesting speakers and presentations. This beautiful resort features numerous amenities, exceptional dining and a perfect setting for our conference social activities. Recruit Your Friends Returning Bench Bar attendees are challenged to recruit as many first-time attendees for Bench Bar XXi as possible. The attorney who recruits the most first-time attendees who register, pay and attend will win a free registration to Bench Bar XXii (2015). Judges’ Cup envy is a powerful emotion! if your name is not engraved on the “Judges’ Cup” start practicing now. The traveling Judges’ Cup Trophy will be presented to the winners of the Saturday 18-Hole Golf Tournament during the Saturday evening Awards Presentation. Scholarships: First-Time Attendees First-time attendees who have been licensed for five years or less are eligible for partial scholarships (based on double occupancy). For details and a scholarship form, call Sherry at 817-338-4092. Apply early for a scholarship. Grape Escape - Bus Tour Spend Saturday afternoon with a fun group touring area vineyards. The scenery will be beautiful and it will be a great opportunity to meet and socialize with fellow attorneys and judges. Barlow Big Heart Award James B. Barlow was a loyal attendee and supporter of TCBA Bench Bar Conferences. Jim made everyone feel welcome and was a positive role model for all who attended the conferences. in memory and special recognition of him, attendees will nominate a member who actively promotes positive relationships between the bench and bar during the conference. The attendee selected will receive the James B. Barlow “Big Heart” Award. New Events And Activities At Bench Bar XXI Beach Party • Miniature Golf Water Slides with Lazy River • Racquetball Courts MCLE Credit TCBA will be requesting 8.25 hours of MCLE credit, including 3.75 hours of ethics. Schedule • Bench Bar Conference XXI Friday, April 25, 2014 9:30 a.m. 11:00 a.m. 11:10 a.m. Mentors: Mentees: 12:15 p.m. 1:00 p.m. 1:45 p.m. 2:45 p.m. 3:15 p.m. 3:30 p.m. 6:30 p.m. 7:30 p.m. 9:00 p.m. Registration Opens Opening Remarks / Welcome “Transition to Practice” / Mentoring Panel (Ethics) Roland Johnson, Harris, Finley & Bogle, PC Judge Mike Sinha, District Judge, 360th District Court Judge Cynthia Mendoza, Associate Judge, 360th District Court Mike Heiskell, Johnson, Vaughn & Heiskell, PC Alex Kim, Kim & Andrews, LP Michael Schneider, Schneider Law Firm, PC Joseph Soto, Joseph R. Soto & Associates, PC Catherine Borum, Borum law Firm, PC lunch “Burnout and the Busy Lawyer” (Ethics) Bree Buchanan, Texas Lawyers Assistance Program “Human Trafficking - SLAVERY OUT OF THE SHADOWS” – Video presentation, Eric Nickols, Assistant District Attorney, Criminal District Attorney of Tarrant County “Water….For Everyone?” Bech Bruun, Texas Water Development Board Adjourn 9-Hole Golf, and lawyer Olympics Hospitality Social - essence lounge Dinner in Restaurant 157 Casino night – Hosted by law Office of Steven C. laird Saturday, April 26, 2014 8:30 a.m. 9:15 a.m. 10:00 a.m. 10:30 a.m. 11:15 a.m. 12:45 p.m. 1:00 p.m. 6:30 p.m. 7:30 p.m. 9:00 p.m. “2014 – Out With the Old (Probate) Code, In With the New (Estates) Code” Keith Branyon, Jackson Walker, LLP “Oil and Gas Royalty Litigation: Perspectives of Plaintiffs and Defendants” Jeff King, Winstead PC & David J. Drez III, Wick Phillips Gould Martin, LLP “18-Wheeler Collisions and You – What You Don’t Know Can Also Hurt You.” Steve laird, law Offices of Steven C. laird, PC Tarrant County Specialty Court Programs (ethics) Judge Jamie Cummings, County Criminal Court no. 5 Judge Elizabeth Beach, Criminal District Court No. 1 Judge louis Sturns, 213th Criminal District Court Judge Brent Carr, County Criminal Court no. 9 Judge Robb Catalano, Criminal District Court No. 3 Shotgun Topics: “DOMA” – Barbara D. Nunneley, Nunneley Family Law Center Laurie D. Robinson, Robinson & Smart, PC “Texas Lawyers Creed” (ethics) John Allen Chalk, Sr., Whitaker, Chalk, Swindle & Schwartz PllC “Building Trust for Better Negotiation Outcomes - Mediation, Dispute Resolution and Arbitration” (ethics) Jaquelyn Flynt, Director, Dispute Resolution Services Adjourn / Lunch – Pick up Box Lunches Judges’ Cup Golf Tournament and Grape escape Bus Tour Hospitality Suite Open Dinner in Restaurant 157, Awards Presentation, Door Prizes Jammin’ & Games with Bonfire at the Beach Sunday, April 27, 2014 8:30 a.m. Breakfast in Restaurant 157 Departure Drive Safely Tarrant County Bar Association • Bench Bar Conference XXI La Torretta Resort & Spa • Montgomery, Texas A Registration Deadline: March 21, 2014 (Registrations after March 21: Add $25 & Subject to Hotel Space Availability) Partial Scholarships Available - See Conference Details Guest Room Reservations • This facility is 100% non-smoking. Single $625 (very limited availability) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ Double $525 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ Registration includes: Accommodations Friday and Saturday nights and six meals, hospitality suite and 8.25 hours MCLE credit Non-Members: Add $125 to the registration fee to cover TCBA membership dues . . . . . .$ Add-on Thursday night stay (room only): $140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ Gender: Male Female Roommate All roommates must be registered to attend. if a roommate is not designated, we will assign one for you. If ADA requirements are necessary, please indicate. Leisure Activities Golf Friday $40 Saturday $60 Golf (Hdcp/Avg. score ) Golf (Hdcp/Avg. score _____) 9 holes with cart . . . . . . . . . . . . 18 holes with cart . . . . . . . . . . . . . . . . . . . . . . . . . $ Saturday Bus Tour $50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ Scholarship Contribution Please consider making a contribution toward scholarship fund. . . . $ Total Enclosed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ First time attendee? Yes No * New attendee competition (see Conference Details) Yes no if yes, invited by? Previous attendee? # of years attended name Firm/Office Address Fax Cell Phone email Area of Practice / My check is enclosed Card number Billing Zip Code Signature Please charge my registration fee to my: Mastercard # of years in practice Visa American Express Expiration Date / / Security Code Date Casual attire only! Make checks payable to TCBA • 1315 Calhoun Street * Fort Worth, Texas 76102-6504 Phone: 817.338.4092 • Fax: 817.335.9238 Cancellations Are Allowed Until March 21, 2014, but Fee Of $25 Will Apply. After deadline, no refunds are allowed. No exceptions. Thanks to our Sponsors Kelly Hart & Hallman LLP Whitaker Chalk Swindle & Schwartz, PLLC Law Of�ice of Steven C. Laird Thompson & Knight, LLP LexisNexis McDonald Sanders, PC Haynes and Boone, LLP Koons Fuller Family Law Brackett & Ellis, PC Gardner Aldrich, LLP Harris, Finley & Bogle PC Lively & Associates, LLP State Bar of Texas Shannon, Gracey, Ratliff & Miller, LLP Tarrant County Bar Foundation Bush Rudnicki Shelton, PC Barlow Garsek & Simon, LLP Parker Law Firm, PC Pope, Hardwicke, Christie, Schell, Kelly & Ray, LLP Law Of�ice of Greg Lehrmann Friedman, Suder & Cooke Bearden Investigative Agency, Inc. Decker Jones McMackin McClane Hall, & Bates, PC Bench Bar Conference Committee Julie Sladek Chair Fritz Quast Chair-Elect Greg Lehrmann Finance Chair MEMBERS Peter Bagley Ben Barlow nick Bettinger Patricia Cole Jacquelyn Flynt Justice lee Gabriel nancy Gordon Kyle Gray Cynthia Gustafson Karmen Johnson lisa leaton John lively Karin Mayer lyndsay newell Judge Don Pierson Shannon Pritchard Joe Regan John Shaw Melissa Swan Bob West Roger Wood Judge everett Young STAFF Patricia “Trisha” Graham, PlS, ClAS Sherry Jones P resident’s page H ere we are, already through the first month of 2014 and starting into the second. i hope January was a good month for you. if there is a fading new Year’s resolution sneaking towards the exit, reclaim that vanishing resolution. Or, if you haven’t done so, make a plan now for a successful year, even if you focus on just one area of your life. You could resolve to increase your network by spending more time with colleagues (we’d like to see more of you!) or to start or revive a project on your agenda. by Ann Diamond it is not too late. You can’t give up on 2014 yet. Tenacity is important to success. Our 50-year lawyers are living examples of that. On Tuesday, February 11, 2014, our 11:45 a.m. Membership Luncheon at the Fort Worth Club highlights these lawyers. Please join us as we celebrate their half-century contribution to our profession. Consider the struggles and societal change the 50-year lawyers have seen. You may have watched the original (1957–1966) Perry Mason TV episodes. Perry and his trusty side-kicks, Della Street and Paul Drake, survived and succeeded in a mid-century solo practice without computers, fax machines, or cell phones. There was a touch of glamour to it all, at least on television. The reality in law practice then was that there was a lot of hard work that went into being a good lawyer, just as there is now. Looking back to Perry Mason’s day, Perry wasn’t just any lawyer. He was a fairly accurate visual representation of the demographics of the profession at the time. Much has changed in the past fifty years, and the diversifying of the profession is one very visible and welcome improvement. little girls who aspire to be attorneys no longer raise eyebrows when they voice their dreams. They now get the same reactions as do their brothers. The same is increasingly true for children of every race, ethnicity, religion, color, creed, disability, sexual orientation, gender identity, national origin, or other characteristic. The expense of a legal education and less than stellar primary and secondary public education are threats to the continued growth of diversity in our profession, to be sure. The hurdles are similar in other fields that demand advanced education. More must be done to actualize the promise of equal opportunity, but we can and should celebrate the fact that there has been movement in the right direction. As Perry Mason’s day slips into history, the lawyers on today’s television legal dramas may not all be great role models (for heaven’s sake, counsel, don’t do THAT at the office!), but at least there is now increasing diversity both in popular culture’s portrayal of our profession and in the real practice of law. Still, you may find yourself feeling unconnected to attorney colleagues and wonder what you have in common with lawyers you don’t know. Remember that most lawyers (like you) start their career with great enthusiasm to seek justice and do good things in the world. it is part and parcel of who we are as lawyers. This has been true for a very long time. Thus, as new lawyers find their way into the profession, they have justice-oriented senior colleagues upon whom they may call for guidance, even if those colleagues don’t share the same practice area, background or formative experiences. Don’t hesitate to reach out, to tap into the shared core value of justice that runs through the veins of your fellow lawyers. There are friends and allies to be made among colleagues from all backgrounds. TCBA is the connection point where these friendships and alliances can form and grow. Don’t miss out on the benefit of collegiality, one of the best reasons to be a TCBA member and to come in person to TCBA events. One TCBA event that especially celebrates collegiality is the Docket Call mixer. The next Docket Call is scheduled for 5:00 p.m., Thursday, February 27, at Ruth’s Chris Steakhouse in downtown Fort Worth, courtesy of sponsor lone Star Ag Credit. And, of course, April’s Bench Bar conference is drawing ever closer. looking to the future, as we enter an election year our Bylaws provide for a Judicial Preference Poll. The larger the number of poll participants, the more likely it is that all views will be fairly included. We have historically had a very good bench in Tarrant County. As attorneys, we need to take seriously our obligation to be informed so we can be supportive of good judges and judicial candidates and so that we can answer intelligently when fellow citizens ask for input before they cast ballots. The Bar itself has no opinion regarding any judge or judicial or other candidate–it is neutral politically. However, we believe in an informed electorate. The importance of the judiciary to the administration of justice merits your participation in the poll. Please watch for the poll email and give it your thoughtful input. looking forward to seeing you at the 50-year lawyer lunch on the 11th, Docket Call on the 27th, and at other events on our calendar, Ann February 2014 ■ TCBA Bulletin 1 C Tarrant County Bar Association 817.338.4092 ■ Fax 817.335.9238 website: www.tarrantbar.org e-mail: [email protected] ontents 2013-2014 Officers 3 Features 3 8 10 CLE Membership Luncheon to Honor 50-Year Attorneys Annual Blood Drive Give a meaningful gift this year for Valentine’s Day Tricks and Traps Practical Tips for Your Appellate Practice Departments 1 President’s Page 5 A YLA Snapshot 6 Snippets - Civil and Criminal 12 In Memoriam for John F. Green 13 LegalLine 13 Lawyers on the Move & in the News 13 New Members 13 Lawyer Referral and Information Service News 14 100 Club Members 15 TLTV-Tarrant County Chapter 15 Other Associations’ News & Information 16 Transition to Practice 2014 16 TCBA Member Benefits 17 TVAS Pro Bono Volunteer Spotlight In every issue 18 Calendar of Events 20 Classified Advertising 20 Advertiser’s Index 2012-2013 Elected Directors John H. Cayce Kim M. Naylor Randy E. Turner Nick S. Bettinger Steven K. Hayes Claudine G. Jackson 2012-2013 Appointed Directors Dabney D. Bassel Karmen Johnson Immediate Past President J. Benjamin Barlow Fort Worth-Tarrant County Young Lawyers Association Justin P. Huston, President Executive Director Patricia Graham, PLS, CLAS Ex-Officio Members State Bar of Texas Directors Robert E. Aldrich, Jr. J. Benjamin Barlow Judge Jo Ann Reyes ABA Delegate Janna W. Clarke Bar Bulletin John F. Murphy, Editor H. Dennis Kelly, Assistant Editor Ameera Hallaq, Staff Editor [email protected] • 817.338.4092 Graphics/Production Park Place Enterprises, Inc. [email protected] • 817.877.8901 The Tarrant County Bar Bulletin is a monthly publication of the Tarrant County Bar Association. Articles, photos, 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 ameera@ tarrantbar.org in Word format. cover gatefold 2 www.tarrantbar.org ■ February 2014 President. . . . . . . . . . . . Ann L. Diamond President-Elect . . . . . . . Michael J. Henry Vice President. . . . . . . . . David E. Keltner Secretary-Treasurer. . . . . . Robert G. West 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 lisitngs, classifieds, advertisements, and feature articles should not be considered an endorsement of any service, product, program, seminar or event. CLE Membership Luncheon to Honor 50-Year Attorneys Topic: Congratulations to You All – Well Done T he February CLE Membership Luncheon will be held at the Fort Worth Club on Tuesday, the 11th at 11:45 a.m, will feature Terry Gardner as keynote speaker, and honor attorneys who have been licensed and have practiced law for 50 years. Gardner of Gardner Aldrich, llP graduated with honors from the University of Texas School of Law, is board certified in Civil Trial law (since 1978) and Personal injury Trial law (since 1988) and has been in private practice in Fort Worth since 1967. Gardner has been very active in the Tarrant County Bar Association for a number of years and served as TCBA President during the 1991-1992 Bar Year. Recognized in various “Best lawyer” lists nationally, at the state level and locally, Gardner has conducted numerous seminars and workshops on trial practice. His topic will be “Congratulations to You All.” The luncheon program will include acknowledgment of attorneys who in 2013 reached the 50-year status. Honorees for this year’s elite group include: Joseph W. Colvin, Walter S. Fortney III, Ed Winton McKinney, Henry Meyer, Judge Billy D. Mills, James F. Thompson, Melinda Terry Vance, James Wagner, Bill J. Zimmerman. All past “50-Year-Attorneys” are invited to attend as guests of TCBA. Co-hosted by the TCBA and the FW-TCYlA, the cost of the buffet meal is $23 for members of either association. Reservations are required. The cost for guests and walk-ins is $28. For reservations, contact Sherry Jones at 817-338-4092 or e-mail: sherry@tarrantbar. org. You can also make reservations online. Go to the TCBA Keynote Speaker Terry Gardner, website www.tarrantbar.org, past president of Tarrant County click on the “Home” tab, then Bar Association and recipient of click on “Calendar,” find Feb- the 2007 Blackstone Award. ruary 11 and this program, and click the “register” button. Dress is business casual – suits and ties are not required. The Fort Worth Club is located at 306 West 7th Street, 12 floor. Parking is limited at the Fort Worth Club, but satellite parking may be available at nearby parking garages or parking meters. For directions, visit the Fort Worth Club’s website www.fortworthclub.com. ■ Docket Call Social THURSDAY February 27 5PM Ruth’s Chris Steak House 817-348-0080 813 Main Street • Fort Worth sponsored by February 2014 ■ TCBA Bulletin 3 Ameera HallaqJoins TCBA Staff T his new Year is also the official start of a new career for Ameera Hallaq. She has been volunteering for the Tarrant County Bar Foundation’s Pro Bono Programs since november of 2012, and she has now come aboard as Communications & Community Services Coordinator/Pro Bono Paralegal for the Tarrant County Bar Association (TCBA). Ameera is taking over Pat leake’s responsibilities, and she will also serve as the Paralegal for Texas Veterans-Tarrant County Chapter (TLTV) and the Tarrant County Volunteer Attorney Services (TVAS) programs. Ameera’s first career was in the rocky airline industry, where she rode the ups and downs as a pricing analyst for American Airlines for a number of years before deciding it was time for a change. She was always interested in the legal field and decided that it was time to pursue that path. After researching her options, she chose the Paralegal School at UT Austin because of its excellent program and reputation. To pursue her passion, Ameera drove a six-hour round-trip between Fort Worth and Austin twice weekly for a six month period. She completed her Paralegal Studies in an accelerated program and was ready to start her career in the legal field. Ameera’s compassion for those in need and her commitment to practice all that she had learned inspired her to start volunteering for the TVAS and TLTV programs. She 4 www.tarrantbar.org ■ February 2014 excelled and impressed all that had the opportunity to work with her because of Ameera’s resourcefulness, attention to detail, and treatment of her volunteer work as any paying job. Her commitment to the pro bono programs earned her recognition as the 2013 Paralegal of the Year for TLTV during the Annual Foundation Meeting on January 28. Ameera truly enjoys her work at the Ameera Hallaq Bar Association, and she is happy that Communications & she can bring together both her analyti- Community Services Coordinator/Pro Bono cal and artistic sides in this new posi- Paralegal tion. She says it is the first place she has worked where she is passionate, not only about her own work, but about the organization she works for and its mission. When she’s not working at the TCBA, Ameera spends her spare time applying her love of art and color to various art forms, particularly in the use of textiles, and in such hobbies as face-painting, restoring and upholstering furniture, painting, and photography. She also tries to find time to restore her 1917-vintage house in the Fairmount Historic District, where she lives with her family, which includes dog, Bindy, and cat, Scout. ■ I t o h s p a n S AYLA t feels as if it was just yesterday when i took over the role as TCYlA’s President, and now i am writing my last address to you. Having served first on the Board of Directors, and then as an Officer, i have been a part of TYClA for over four years. The time has flown by, and i have made more friends and acquaintances than I could possibly count (and consumed more Reata food than i care to admit). To say that being a part of TCYlA has bettered my life would be an understatement. i would not be where i am today without the friends and connections i made with the TCYlA. i encourage each young attorney to consider becoming more a part of TCYlA. elections will be held at the luncheon later this month, and committees abound all year long. This has truly been a gratifying experience and one I wholly recommend. To the Board, both past and present, it has been a pleasure to serve with each of you, and i wish you all the best moving forward. To the Fort Worth attorneys i have met along the way, i could not be happier or more proud to be a part of this community; you will never cease to amaze me with your courtesy, generosity, and selflessness. There could not be a better place to practice. Before I completely sign off, a quick update on our recent and upcoming events: On January 18, the TCYlA, along with TYlA, embarked upon Generation Generosity, a one-day community service event throughout greater Fort Worth. TCYlA and TYlA were present at the Tarrant Area Food Bank, northside inter-Community Agency, Ronald McDonald House, and more throughout the day. A big thank you goes out to the TYlA Board and our members for making this a great success. The upcoming spring is really when things start to heat up around here, both literally and figuratively. Planning for TCYlA’s Spring Fiesta is starting now, so if you were looking for a place to get involved with the TCYlA, this is it. There is lots to do, and lots of great people help every year. enjoy some pictures from last year to get the spring blood flowing. TCYlA will also be helping out with northside inter-Community Agency’s 7th Annual Taste of Fort Worth on March 22, 2014, at The River Ranch in the Fort Worth Stockyards. More information will be coming soon, but if you have ever attended this event, you know the food and beverages are always AMAZING. last but not least, this time of year is when the TCYlA Board of Directors begins considering nominations for Outstanding Young Lawyer, Outstanding Mentor, and the Liberty Bell Award (service to the Bar by a non-attorney). if there is someone you think may qualify for one of these awards, I encourage you to reach out to Cindy at [email protected] and let us know. That about wraps it up. i seriously will not know what to do with myself when this is all over. Maybe I’ll take a vacation. ■ Justin Huston President, FW-TCYLA February 2014 ■ TCBA Bulletin 5 Snippets Civil and Criminal by Justice Bob McCoy ■ 2nd Court Of Appeals Eloquence – A Lost Art CIVIL ITEMS OF INTEREST “i’ll take a drug test . . .if you’ll take an iQ test.” 1. Inverse Condemnation “The united States Supreme Court has identified three key factors to guide our analysis: (1) the economic impact on the claimant; (2) the extent of interference with the claimant’s investment-backed expectations; and (3) the character of the government’s action.” City of Lorena v. BMTP Holdings, L.P., 409 S.W.3d 634, 644 (Tex. 2013). Senator Fritz Hollings when challenged by his Republican opponent during a televised debate. Thanks to Roger Towery for this item. Who’s That Street Named After? Ferdinand FOCH (1851-1929), a French soldier, ended up as Supreme Commander of the Allied Forces in World War i. From “Who was Hulen? An attempt by Werner Magnus to find the origins of Street names in Fort Worth.” Who’s The Justice? Jack M. Langdon served as an Associate Justice from 1963 to 1974. Born in Stamford, Texas in 1910, Justice Langdon received his education at Texas Christian University, where he was a three-year football letterman. From 1937 to 1940 he served two terms in the Texas Legislature. From 1940 to 1945 he was a Special Agent for the F.B.i. Following this, Justice langdon went into private practice in Fort Worth for six years. In 1951, he became judge of the 17th District Court, where he served until 1963. At such time, he was elected to the Second Court of Appeals, where he served until his retirement in 1974. Following his retirement from the bench, Justice langdon lived and practiced law in Granbury. Ask Judge Bob Judge Bob, what is a registered accessibility specialist? The administrative code defines a registered accessibility specialist as “[a]n individual who is certified by the Texas Department of Licensing and Regulation [TDLR] to perform review and inspection functions of the TDLR.” Rogers v. Orr, 408 S.W.3d 640, 643 (Tex. App.–Fort Worth 2013). Ask The Danes Moses Ramses and Moses, can a court issue a protective order on a pet? Yes, in a protective order, the court may prohibit the person found to have committed family violence from: harming, threatening, or interfering with the care, custody, or control of a pet. See Tex. Fam. Code Ann. §85.022 (b)(7). The Danes’ Quote Of The Month Ramses “A living dog is better than a dead lion.” — ecclesiastes 9:4 6 www.tarrantbar.org ■ February 2014 2. Motion to Dismiss “The decision to dismiss a cause of action against a party is a matter ordinarily within the sound discretion of the trial court.” In re Estate of Whittington, 409 S.W.3d 666, 669 (Tex. App.–Eastland 2013). 3. Assigned Causes Action “The five instances in which assigned causes action are void as against public police are as follows: (1) The assignment of an interest in an estate is void if used to contest a will; (2) The assignment of plaintiff’s claim to a tortfeasor in settlement is void when tortfeasor asserts the claim against a joint tortfeasor; (3) “Mary Carter” agreements are void; (4) The assignment of a defendant’s claims against his insurer to the plaintiff is void under certain circumstances; and (5) The assignment of client’s legal malpractice claim arising out of litigation is void.” Magill v. Watson, 409 S.W.3d 673, 677–78 (Tex. App.–Houston[1st Dist.] 2013). (internal citations omitted). 4. Media Defendants “Media defendants cannot be liable for varying subjective impressions that may have been generated from the broadcast of true statements.” KTRK Television, Inc. v. Robinson, 409 S.W.3d 682, 690-91(Tex. App.—Houston [1st Dist.] 2013). 5. Jury Charge Instruction “For a jury charge, ‘[t]he court shall submit such instructions and definitions as shall be proper to enable the jury to render a verdict.’ Tex. R. Civ. P. 277. ‘An instruction is proper if it (1) assists the jury, (2) accurately states the law, and (3) finds support in the pleadings and evidence.’” D&M Marine, Inc. v. Turner, 409 S.W.3d 693, 698 (Tex. App.–Houston [1st Dist.] 2013. 6. Decisions for Other States “We may rely on federal decisions and decisions from other states as persuasive authority.” Little v. Delta Steel, Inc., 409 S.W.3d 704, 717 n.17 (Tex. App.–Fort Worth 2013). CRIMINAL ITEMS OF INTEREST 1. Warrantless Search or Seizure “When police conduct a warrantless search or seizure, the state has the burden to show that the officer has reasonable suspicion to believe that an individual was violating the law. We have held that the officer must have specific, articulable facts that, when combined with rational inferences therefrom, lead him to reasonably conclude that a particular person actually is, has been, or soon will be, engaged in criminal activity. This standard is objective, thus there need be only an objective basis for the stop; the subjective intent of the officer is irrelevant.” Arguellez v. State, 409 S.W.3d 657, 663 (Tex. Crim. App. 2013). 2. Equal Protection “On appeal, the appellant’s contention must comport with a specific objection made at trial. Equal protection claims are subject to this rule.” Moreno v. State, 409 S.W.3d 723, 428 (Tex. App.–Houston [1st Dist.] 2013). 3. Court Reporter “[e]ven if Rule 13.1 does impose a preliminary burden on the trial court to ensure the presence of a court reporter at all proceedings, our case law also imposes an additional, independent burden to object when the official court reporter is not present, as he is required to be under Rule 13.1, in order to preserve any error that may occur for appeal.” Johnson v. State, 409 S.W.3d 738, 741 (Tex. App.–Houston [1st Dist.] 2013). 4. Accomplice-Witness Instruction “A defendant is egregiously harmed by the trial court’s omission of an accomplice-witness instruction if a rational jury ‘would have found the corroborating evidence so unconvincing in fact as to render the State’s overall case for conviction clearly and significantly less persuasive.’ We consider the extent of any harm ‘in light of the entire jury charge, the state of the evidence, including the contested issues and weight of probative evidence, the argument of counsel and any other relevant information revealed by the record of the trial as a whole.’” Torres v. State, 408 S.W.3d 400, 404 (Tex. App.–Houston [1st Dist.] 2012). 5. Right to Terminate an Interview “‘The right to terminate questioning is among the procedural safeguards that Miranda establishes’ to protect the Fifth Amendment right to remain silent. This right requires police officers to immediately terminate questioning when a suspect ‘indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent.’” Kupferer v. State, 408 S.W.3d 485, 489 (Tex. App.–Houston [1st Dist.] 2013). 6. Videotape Evidence “Although the trial court’s findings are afforded almost total deference, when evidence is conclusive, such as ‘indisputable visual evidence,’ any trial-court findings inconsistent with that conclusive evidence may be disregarded as unsupported by the record, even when that record is viewed in a light most favorable to the trial court’s ruling. Thus, when a videotape presents indisputable evidence contradicting essential portions of an officer’s testimony, that testimony cannot support a trial court’s finding even though the officer’s testimony might, by itself, be read to support the finding.” Thompson v. State, 408 S.W.3d 614, 622 (Tex. App.–Austin 2013). Quote Of The Month “let us reform our schools, and we shall find little reform needed in our prisons.” –John Ruskin Old News The County seat of upshur County is Gilmer, both named for two men who were accidentally killed at the same time. Abel Parker upshur, who was secretary of state for President John Tyler, was aboard the war ship Princeton sailing on the Potomac River, along with Thomas W. Gilmer. During a demonstration of the ship’s firing power, a breach of the gun exploded and killed Upshur and Gilmer. Interestingly, the present 1933 courthouse in Gilmer is on Tyler Street, named for the president. ■ NOTICE: Election of the 2014-2015 Board of Directors The TCBA Election Committee is accepting candidates for the position of Director. If you are interested in serving on the Board of Directors, please contact the TCBA office for a Director Candidate Request form by contacting the Bar Offices at (817) 338-4092 or by emailing [email protected] and submit your form to the Election Committee by March 1, 2014. ■ February 2014 ■ TCBA Bulletin 7 The Annual Lawyer Sketch Comedy Show le nt y St y u o C t n a r r Ta Starring Tarrant County Attorneys & Judges 4 Saturday, March 22, 2014 • 7PM Fort Worth Community Arts Center Tickets: $25/person • Sponsorships Available. Call Trisha 817.338.4092 facebook.com/tortfeasors Join us. Court Staff Appreciation Reception and Awards 4:30 p.m. • Thursday, March 27, 2014 Tarrant County Bar Center Show your appreciation to the court staff who help the legal community on a daily basis, and see the presentation of the Outstanding Staff Awards to Civil (including district/county courts at law/probate) Criminal Family Federal Courts Sponsors needed. Contact Sherry Jones • 817-338-4092 • [email protected] Give a meaningful gift this year for Valentine’s Day, and win a gift for yourself too! Donate blood at the Annual Blood Drive to be held on February 13! All donors will be eligible for entry into our drawing for door prizes! Come and join in a friendly competition and support your firm with the most donations! Did you know... • Donating blood usually takes about 10 minutes; the entire process from sign-in to juice-and-cookie takes about an hour? • Blood drives hosted by organizations supply roughly half of all blood donations across the United States? • Someone needs blood every two seconds? • One unit of blood can be separated into red blood cells, plasma and platelets, and can save up to three lives? • A patient could be forced to pass up a lifesaving organ, if compatible blood is not available to support the transplant? • If only one more percent of all Americans would give blood, blood shortages would disappear for the foreseeable future? James Harrison is a blood donor known as the “Man with the Golden Arm.” He has been donating blood since the age of 18, and has donated over 1000 pints of blood, holding the world record. Because of his unique blood composition, his blood has been used to save the lives of thousands of RH(D) positive babies with Rhesus disease, including his own daughter. His unique blood composition was considered so important that his life was insured for one million dollars. ★ ★ ★ There is no substitute for human blood ★ ★ ★ 8 www.tarrantbar.org ■ February 2014 February 2014 ■ TCBA Bulletin 9 Tricks Traps and Practical Tips for Your Appellate Practice by Mary H. Smith N o single topic in Texas appellate law has gotten more attention over the past couple of years than supersedeas practice. Because supersedeas issues arise in almost every civil appeal, it is important to stay abreast of these legal developments. Texas Rule of Appellate Procedure 24.1 provides that a judgment-debtor may supersede enforcement of a judgment by: (1) filing with the trial court clerk a written agreement with the judgment creditor for suspending enforcement of the judgment; (2) filing with the trial court clerk a good and sufficient bond; (3) making a deposit with the trial court clerk in lieu of a bond; or (4) providing alternate security ordered by the trial court. When the judgment is for money, the amount of the bond, deposit, or security must equal the sum of compensatory damages awarded in the judgment, interest for the estimated duration of the appeal, and costs awarded in the judgment.1 However, the amount must not exceed the lesser of fifty percent of the judgment-debtor’s current net worth or twenty-five million dollars.2 Despite this basic statutory framework, several questions have arisen. 1. Are Attorney’s Fees Compensatory Damages or Costs That Must Be Superseded? The Texas Supreme Court recently held that, in most cases, attorney’s fees are neither compensatory damages nor costs for purposes of suspending enforcement of a judgment pending appeal.3 Prior to this opinion, Texas courts of appeals were split on the issue.4 A. Generally, Attorney’s Fees Are Not Compensatory Damages. To determine whether attorney’s fees are included in the 1 2 3 4 Tex. R. App. P. 24.2(a)(1). Id. In re Nalle Plastics Family, Ltd. P’ship, 406 S.W.3d 168, 174-75 (Tex. 2013). See, e.g., Fairways Offshore Exploration, Inc. v. Patterson Servs., Inc., 355 S.W.3d 296, 30103 (Tex. App.—Houston [1st Dist.] 2011, no pet.) (attorney’s fees are compensatory damages that must be superseded); Corral-Lerma v. Border Demolition & Envtl., Inc., no. 0811-00134-CV, 2012 WL 1943763, at *3-5 (Tex. App.—El Paso May 30, 2012, orig. proceeding [mand. pending]) (same); Clearview Props., L.P. v. Prop. Tex. SC One Corp., 228 S.W.3d 262, 264 (Tex. App.—Houston [14th Dist.] 2007, no pet.) (per curiam) (attorney’s fees are costs that must be superseded); Shook v. Walden, 10 www.tarrantbar.org ■ February 2014 5 6 7 8 definition of “compensatory damages,” the Texas Supreme Court used basic principles of statutory construction. The Court first looked to the statute itself to see if it defined the term “compensatory damages.”5 Because it did not, the Court consulted Black’s Law Dictionary.6 ultimately, the Court relied upon its precedent and the ordinary meaning of the phrase “compensatory damages.”7 Since 1876, the Texas Supreme Court has distinguished between attorney’s fees and damages by emphasizing the difference between compensation owed for an underlying harm and fees that may be awarded for counsel’s services.8 The legislature also has made such a distinction. indeed, the primary statute that designates when attorney’s fees may be recovered provides that “[a] person may recover reasonable attorney’s fees from an individual or corporation, in addition to the amount of a valid claim and costs” when certain claims are at issue.9 Courts interpreting that statutory language have held “that the phrase ‘in addition to’ suggests that the legislature intended to differentiate between attorney’s fees, damages awarded for a valid claim, and costs.”10 The Texas Supreme Court confirmed this construction in 2009, noting that “suits cannot be maintained solely for the attorney’s fees; a client must gain something before attorney’s fees can be awarded.”11 Therefore, as a general rule, attorney’s fees are not compensatory damages for purposes of suspending enforcement of a judgment pending appeal. There is one notable exception to this general rule that practitioners should be aware of. if the underlying suit concerns a claim for attorney’s fees as an element of damage—a claim of unpaid fees, for example—then an award of fees may properly be included in the definition of “compensatory damages” for purposes of superseding the judgment.12 304 S.W.3d 910, 922 (Tex. App.—Austin 2010, no pet.) (attorney’s fees excluded from definitions of compensatory damages and costs and need not be superseded); PopCap Games, Inc. v. MumboJumbo, LLC, 317 S.W.3d 913, 914 (Tex. App.—Dallas 2010, no pet.) (same). In re Nalle Plastics Family, Ltd. P’ship, 406 S.W.3d at 171. Id. at 171-72. Id. 172-74. Id. at 172 (citing Landa v. Obert, 45 Tex. 539, 544-45 (Tex. 1876) (holding “that the decided weight of authority is against the proposition that the plaintiff has the right to claim his counsel fees . . . as a part of his damages”) & Wm. Cameron & Co. v. Am. Surety Co. of N.Y., 55 S.W.2d 1032, 1035 (Tex. Comm’n App. 9 10 11 12 13 14 15 1932) (noting that “[c]ounsel fees incurred in prosecuting a suit for or defending against a wrong are not ordinarily recoverable as actual damages”)). Id. (citing Tex. Civ. Prac. & Rem. Code § 38.001) (emphasis added). Id. at 173 (citing Shook v. Walden, 304 S.W.3d 910, 922 (Tex. App.—Austin 2010, no pet.)). MBM Fin. Corp. v. Woodlands Operating Co., L.P., 292 S.W.3d 660, 663 (Tex. 2009) (emphasis added). In re Nalle Plastics Family, Ltd. P’ship, 406 S.W.3d at 174-75. Id. at 175. Id. (quoting BLACK’S LAW DICTIONARY 398 (9th ed. 2008)). Id. (citing McClelland v. McClelland, 37 S.W. B. Attorney’s Fees Are Not Costs. To determine whether attorney’s fees are “costs” for purposes of superseding a judgment—a term undefined by the statute—the Texas Supreme Court first consulted Black’s Law Dictionary.13 Black’s Law Dictionary defines “courts costs” as “[t]he charges or fees taxed by the court, such as filing fees, jury fees, courthouse fees, and reporter fees . . . .”14 The Court also noted that both courts and the legislature have recognized that the term “costs” generally does not include attorney’s fees.15 even though attorney’s fees are like costs in that both may be taxed against a losing party, Rule 24.2 requires security only for costs themselves—not everything similar to them.16 Attorney’s fees are not costs for purposes of superseding the judgment. 2. Is the Judgment Included in a Judgment-Debtor’s Net Worth Calculation? Although the Texas Supreme Court has yet to weigh in on this issue, the Dallas and El Paso courts of appeals both held in 2012 that “the plain language of [TRAP 24.1] does not include a contingent money judgment in calculating net worth.”17 indeed, TRAP 24.2 speaks in terms of the judgment-debtor’s “current net worth.”18 until the liability set forth in the judgment is certain (after the appellate process has concluded), the existence and amount of the liability is contingent on future events. When the existence or extent of a liability depends on future events, it cannot be deducted when calculating a judgment-debtor’s current net worth.19 3. Do Consolidated Financial Statements Override the Requirement of Individual Net Worth Determinations? Texas Rule of Appellate Procedure 24.2(c) provides that, when a creditor contests a judgment-debtor’s net worth affidavit, the court “must issue an order that states the debtor’s net worth and states with particularity the factual basis for that determination.” Courts have construed this to mean that, “[i]n setting the amount of supersedeas security pending appeal, the trial court is required to consider the separate financial condition of each judgment-debtor.”20 However, oftentimes in business litigation, the parties are not individuals or even individual companies, but rather conglomerate businesses that include subsidiaries and affiliates. under Generally Accepted Accounting Principles (“GAAP”), accountants must create consolidated financial 16 17 350, 359 (Tex. Civ. App. 1896, writ ref’d) (“[A]ttorney’s fees, in this state, in view of our various statutes on the question of costs, cannot be classed as costs, and that the court would have no power to so declare such fees as costs, and to give judgment therefor.”) & Tex. Civ. Prac. & Rem. Code § 38.001 (providing that “[a] person may recover reasonable attorney’s fees . . . in addition to the amount of a valid claim and costs”) (emphasis added)). Id. at 176. Bus. Staffing, Inc. v. Jackson Hot Oil Serv., 392 S.W.3d 183, 187 (Tex. App.—El Paso 2012) (op. on motion) (emphasis added) (citing McCullough v. Scarbrough, Medlin & Assocs., Inc., 362 S.W.3d 847, 848-49 (Tex. App.—Dallas 2012) (op. on motion) & Anderton v. Cawley, 18 19 20 21 22 23 statements for affiliated companies rather than individual financial statements for each company.21 The rationale is that consolidated financial statements are necessary for a fair presentation of these companies’ true financial situations. So what happens when a party obtains a joint-and-several judgment against several affiliated companies and those companies seek to supersede the judgment pending appeal? in setting the bond amount, must the trial court consider the net worth of each individual entity, or should it consider only the consolidated financial statement of the controlling entity? Houston’s Fourteenth Court of Appeals answered this question in April.22 even though courts generally calculate net worth according to GAAP principles, Houston’s Fourteenth Court held that the GAAP consolidation rule does not displace the legal requirement that the net worth of each individual judgment-debtor must be determined separately, unless there is a finding of alter ego.23 Without a finding of alter ego, the court held that using the GAAP consolidation rule would impermissibly comingle the companies’ assets.24 This holding is consistent with a 2009 holding by the Texas Supreme Court that consolidated financial statements constitute no evidence of an entity’s ability to satisfy a judgment.25 4. Is an Expert’s Testimony or Report Required To Establish Net Worth? Houston’s Fourteenth Court also held that a judgmentdebtor does not have to present audited net worth evidence with a certification from a CPA that all requirements of GAAP have been met.26 instead, a judgment-debtor can meet its burden of proof by (1) preparing its own balance sheet and swearing to its own net worth or (2) presenting evidence from a bookkeeper with knowledge of the debtor’s records and a balance sheet of the debtor using GAAP principles to show net worth.27 5. Conclusion The trick under TRAP 24.2 is knowing what is included in the bond calculation and how to establish net worth. When faced with a supersedeas issue, just remember these four facts: (1) attorney’s fees are neither compensatory damages nor costs; (2) the trial court’s judgment is just a contingent liability; (3) consolidated financial statements cannot be used to prove an entity’s net worth; and (4) expert testimony is unnecessary. ■ 326 S.W.3d 725, 726 (Tex. App.—Dallas 2010, no pet.) & Tex. R. App. P. 24.2(a)(1)(A)); see also Montelongo v. Exit Stage Left, Inc., 293 S.W.3d 294 (Tex. App.—El Paso 2009, no pet.). Tex. R. App. P. 24(a)(1)(A) (emphasis added). Bus. Staffing, Inc., 392 S.W.3d at 188 n.6. G.M. Houser, Inc. v. Rodgers, 204 S.W.3d 836 (Tex. App.—Dallas 2006) (op. on motion). FASB Accounting Standards Codification (“ASC”) Topic 810, available at http://www. fasb.org. Hunter Bldgs. & Mfg., L.P. v. MBI Global, L.L.C., No. 14-12-00246-CV (Tex. App.—Houston [14th Dist.] April 30, 2013) (op. on motion), available at http://www.14thcoa.courts.state. tx.us. Id. at 6. 24 25 26 27 Id. at 7 (citing In re Smith, 192 S.W.3d 564, 568-69 (Tex. 2006) (holding alter ego finding in a post-judgment net worth proceeding is relevant to the determination of a judgment-debtor’s net worth for purposes of Rule 24 but may not be used to enforce the judgment against the unnamed alter ego or any other non-judgment debtor)). Akin, Gump, Strauss, Hauer & Feld, L.L.P. v. Nat’l Dev. & Research Corp., 299 S.W.3d 106, 115-16 (Tex. 2009) (“The consolidated financial statements . . . are not evidence that a judgment would have been collectible from Panda international as of or after February 2000.”). MBI Global, L.L.C., No. 14-12-00246-CV, at 7-8. Id. February 2014 ■ TCBA Bulletin 11 John F. Green Jr., 93, passed away on December 26, 2013. He was born in Hamlin, TX on April 30, 1920. He began his law career with one of the oldest law firms in the country. He came to Fort Worth in 1964 and joined Hudson, Keltner, Smith and Cunningham, where he John F. Green practiced for over 10 years. in 1975 1920-1913 he moved, as partner, to The law Firm of John McBryde and Bill Bogle, which, at that time, became McBryde, Bogle and Green, and where he remained until he retired from full-time practice. John remained a member of the TCBA until 2012. John graduated from Hamlin High School, and went on to attend the University of Texas at Austin (UT-Austin). While there, he became a member of, and was later elected chapter president of the Sigma Phi epsilon Fraternal order. After leaving school for a time, and serving in the military, Green returned to uT-Austin where he finished his Bachelor of Arts degree and went on to attend and graduate from the University of Texas Law School with honors. While attending law school he was a member of Phi Delta Phi Legal Fraternity and served as editor for the Texas Law Review. John’s military career began in 1942, when he was inducted into the u. S. Army, shortly after his marriage to Madye Jo Bailey. He served as a second lieutenant after graduating from Officer Candidate School and went on to become a staff officer for the 275th engineer Combat Battalion of the 75th Infantry Division, and was sent with his unit to the european theater during WWii. After surviving several high profile campaigns, and serving honorably, he was awarded the Bronze Star. After the war he was transferred to Germany where he was assigned to military government through the end of his service. He held the office of captain upon his discharge. John married again in 1966 to Donna Jean Dunlap. He is survived by his son John F. Green iii of San Angelo, a granddaughter and two great-grandchildren. Funeral services were held on January 3, 2014 in Greenwood Funeral Home Chapel. ■ LAW DAY MAY 8 10% SAVINGS for all TCBA Members Business Cards • Letterheads Envelopes • Binders • Labels Color • Copies • Forms Brochures • Form Management Ask for Alan to get special discounted rate 817.577.0572 817.656.5131 fax email: [email protected] Full Service Printer Since 1989 12 www.tarrantbar.org ■ February 2014 Law Day Awards Dinner Fort Worth Club Tickets $65 Volunteer your time and skill to a valuable We Need You! Bring a friend… Free pizza for all volunteers! 6 pm to 8 pm the 2nd & 4th Thursday of every month. Lawyers on the Move & in the News Kelly Hart and Hallman announce three new partners as of January 1, 2014. Natalie J. Carlgren, a graduate with honours from The University of Oklahoma, J.D., in 2004 and a summa cum laude graduate from Austin College in 2001; David W. Cook who graduated summa cum laude from Texas Wesleyan School of Law (now known as Texas A&M University School of Law), J.D. in 2005 and graduated from Baylor university in 2002; and Christopher S. Greer, who earned his law degree from Texas Tech University School of Law, J.D., summa cum laude, 2005 and graduated in 2001, magna cum laude, from Angelo State university. community service outreach program To participate, call Carolina at 817-338-4092 or email [email protected] New Members Attorneys Joel Eckhardt Kyle Fonville Megan Leger James Patrick Murphy Charles Ocampo Jessica Phillips Judge Vera Verhoeven Student Bryan J. May Lawyer Referral and Information Service News The TCBA’s lawyer Referral Service is ahead of where we were financially this time last year. We would like to thank the following attorneys who have paid referral fees since last reported: Tawanna Cesare, David Cook, Christopher DeLisio, Margaret Fonville, Carlos Galliani, Andrew Gore, James Graham, Earl Hargrave, An Lee Hsu, Jeffrey Kaitcer, Michael Martin, Mike McBride, George Muckleroy, Stephen O’Rear, David Pritchard, Anthony Simpson, Jerry Walker, Mark Whitburn, and Bill White. Don’t forget to look for the LRIS billboard! If you are traveling south on i-35W, look to the left at Rosedale. This is the lRiS advertising for YOu! If you need a referral or if you need to refer a client to the Referral Service, please ask them to call (817) 3364101! NOTE! If you are giving clients the LRIS phone number, please give them 817-336-4101, rather than the main number to TCBA. In order to better serve clients with referrals, LRIS is under a different telephone system, so clients must use 817-336-4101 to receive referrals. February 2014 ■ TCBA Bulletin 13 Tarrant County Bar Association Salutes Its 2013-2014 100 Club Members Adams Lynch & Loftin P.C. Albert Neely & Kuhlmann LLP Allmand Law Firm, PLLC Anderson Law Firm Bakutis McCully & Sawyer PC Barlow Garsek & Simon, L.L.P. Barrett Daffin Frappier Turner & Engel, LLC Beadles Newman & Lawler PC The Beal Law Firm The Berenson Firm P.C. Blaies & Hightower, L.L.P. The Blum Firm, P.C. Bourland & Kirkman, L.L.P. Bourland, Wall & Wenzel, PC Brackett & Ellis, P.C. Broude Smith & Jennings PC Brown, Dean, Wiseman, Proctor, Hart & Howell, LLP Bruner & Pappas LLP Burford & Ryburn, LLP Suzanne I. Calvert & Associates Cantey Hanger LLP City Attorney’s Office-Fort Worth The Colaneri Firm, P.C. Cook Children’s Health Care System Curnutt & Hafer, L.L.P. Dawson Parrish, PC Decker Jones McMackin McClane Hall & Bates PC Dismuke, Waters & Sweet, P.C. Ebert Law Offices PC Edison, McDowell & Herrington, LLP Eggleston Flowers & King Forshey & Prostok, L.L.P. Friedman, Suder & Cooke FTS International Gardner Aldrich, LLP Goodrich Postnikoff & Associates, LLP Griffith, Jay & Michel, LLP Harris, Finley & Bogle, P.C. Harrison Steck P.C. Haynes and Boone, L.L.P. Holland Johns & Penny LLP Jackson Walker, L.L.P. Jim Ross & Associates Johnston Legal Group, P.C. JP Morgan Chase Bank K & L Gates LLP Kelly Hart & Hallman LLP Kirkley & Berryman, LLP Koons, Fuller, Vanden Eykel & Robertson Law Offices of Art Brender Law, Snakard & Gambill, P.C. Legal Aid of NorthWest Texas Linebarger Goggan Blair & Sampson, L.L.P. Lively & Associates, LLP Loe, Warren, Rosenfield, Kaitcer, Hibbs, Windsor, Lawrence & Wolffarth, PC McDonald Sanders, P.C. Mellina & Larson, P.C. Moses, Palmer & Howell, L.L.P Murphy Mahon Keffler Farrier, LLP Noteboom Law Firm Nunneley Family Law Center Padfield & Stout, LLP Pope, Hardwicke, Christie, Schell, Kelly & Ray, L.L.P. Ross & Matthews, P.C. Sanford, Baumeister & Frazier, LLP Second Court of Appeals Shannon, Gracey, Ratliff & Miller, LLP Tarrant County DA’s Office Taylor Olson Adkins Sralla & Elam, LLP Texas A & M University School of Law Thompson & Knight, LLP Wallach & Andrews, P.C. Watson Caraway Midkiff & Luningham L.L.P. Whitaker Chalk Swindle & Schwartz PLLC Wilson, White & Doby, L.L.P. Winstead PC The Wolfe Law Firm, P.C. This is a list of the “100” Club law firms. if your firm is not listed, then membership renewals for 100% of the firm’s attorneys have not been received. For information, contact Membership Director Cindy Rankin at 817-3384092 or e-mail [email protected]. law firms, government agencies, law schools, and corporate legal departments, with 100% of their attorneys (four or more) enrolled as members, qualify for the “100 Club.” TCBA is proud of the participation of these law firms and other groups in the 2013-2014 Bar year. TCBA Membership Cards Available As the TCBA gets more and more benefits, there are those who may want to carry a Tarrant County Bar Association membership card. They are available, upon request. Contact [email protected] or call 817-338-4092. We will prepare your card and you may come by the office, or we will send it to a section, committee, luncheon meetings, etc. 14 www.tarrantbar.org ■ February 2014 Texas Lawyers for Texas Veterans Tarrant County Chapter by Christopher DeLisio, committee member and volunteer A h, February! Home of Presidents’ Day, Ground Hog Day, and that ever notorious day for romantics, chocolates, and flowers: Valentine’s Day. It is traditional to honor this day by doing something special for our loved one or ones to show them our appreciation. But it can also be a day where we think of doing for others in general. This month TLTV would like to take this opportunity to appreciate both our Veterans and the volunteers that make the TLTV program possible and to show them some “love!” During 2013, these folks made it possible for TLTV to perform 503 intake interviews, to place 114 cases, and to offer excellent legal advice to countless others during 10 clinics. “We offer legal assistance to veterans and the spouses of deceased veterans. if they are within our income guidelines, we’ll try to place them with an attorney to handle their case pro bono,” explains Aleed Rivera, Director of the TCBF Pro Bono Programs. “And if they are over income, we’ll still make sure we give them a chance to be heard and offer advice on how to proceed. none of this could have been accomplished without the outstanding assistance and dedication of TLTV volunteers: attorneys, paralegals, law students, and veterans, and we want to make sure they know how much their continued volunteer service means to the program.” One of those dedicated volunteers during 2013 was Stephanie Davis, who started volunteering while still a paralegal student at Tarrant County College and working for The Seibert law Firm part-time. “With a veteran population of nearly 10% in Texas, outreach and service to this group of people is imperative,” Stephanie states with passion. “The veterans who reside in our community have sacrificed their own comforts of home in order to ensure that our own comforts of home endure for generations to come.” “As a military spouse, i witnessed the daily sacrifices that our service men, women, and their families make in order to allow our military to remain the great protector of freedoms that it is,” says Stephanie, who is also the widow of an Iraqi war hero who made the ultimate sacrifice. “One of the reasons why Texas Lawyers for Texas Veterans is so important to me is because veterans devote their lives to the service of our country, yet ask for little in return. Providing pro bono legal services for this part of our community is one way that we, as legal professionals, can serve those who so selflessly served us.” If you would like to join TLTV, contact Aleed Rivera at the Tarrant County Bar at 817-338-4092, and let us know. no matter your specialty, we need to hear from you! ■ Other Associations’ News & Information FW-TC YLA 2012-2013 new Bar Year began September 1, 2013. if you need an application or meeting information, call 817-338-4092, email cindy@tarrantbar. org, or go to the website at tcyla.org. Arlington Bar Association Meets on the 3rd Wednesday of each month. President, Deborah R. Hinds. For location & information, email [email protected] MABA (Mexican American Bar Association) Meets on the last Thursday of each month at Rivas Mexican Restaurant, 5442 River Oaks Blvd., River Oaks 76114. For more information, contact President Eloy Sepulveda at 817-332-1285. Northeast Tarrant County Bar Association (neTCBA) Meets for CLE luncheons on the 3rd Tuesday of each month at la Hacienda Restaurant, Hwy. 121. Contact President Michael Jaskowak at 817-949-2161 or [email protected]. L. Clifford Davis Legal Association (f/k/a) Tarrant County Black Bar Association holds its meets on the 3rd Tuesday of each month at 6:00 p.m. For more information, contact President David Patin, Jr. at 972-230-4458. Black Women Lawyers Association For meetings and information, contact Sue Allen, President at (817) 926-5005 [email protected]. Tarrant County Criminal Defense Lawyers Association (TCCDlA) meets every 2nd Thursday at Joe T. Garcia’s, 2201 n. Commerce. For more information, contact President Gary Medlin at 817-877-3333. Tarrant County Family Law Bar Association Meets at 12 noon on the 4th Tuesday of each month at Family law Center Assembly Room on the 2nd floor. For more information, contact President Lindsay DeVos at 817-453-0101 or [email protected]. Tarrant County Trial Lawyers Association Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact Coby Wooten at 817-263-5190. 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 Monica Benson, (817) 263-5190 or mbenson@ kattenbenson.com The Dee J. Kelly Law Library Welcomes Bar Members! For the latest Texas A&M University School of Law library hours and information, please visit http://law.tamu.edu, or call 817- 212-3800. February 2014 ■ TCBA Bulletin 15 Transition to Practice 2014 Next Meeting - March 26 “Setting up a Legal Office” The Transition to Practice Mentor Program kicked off the 2014 program on Wednesday, January 22. Mentors and Mentees listened to Steve Hayes and Constance Hall, previous mentor/mentee pair, talk about how the program works and the success of the program for them. The program, entitled “introduction to Transition to Practice and Practicing in Tarrant County,” heard 348th District Court Judge Dana Womack talk about practicing in the Tarrant County courts. She touched on local rules, do’s and don’ts for judges in Tarrant County and what a mentee should expect when they first step into the courtroom here. TCBA Member Benefits Vendor List TCBA members may take advantage of discounts provided by the following vendors: ABA Retirement Funds program provides full-service 401(k) plans to benefit the legal community. To learn more, contact local rep. Jacob Millican at 817-451-5020 or visit www.abaretirement.com. AMO Office Supply offers TCBA members the lowest price guaranteed on office supplies, with next-day delivery and free shipping! Call 800-420-6421. Falcon Litigation Solutions offers discounts on copying, litigation displays, trial boards, etc. Call 817-870-0330. Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed materials—business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817-577-0572. Fort Worth Zoo, discount tickets - $9.50 adult, $6.50 for child or senior. For tickets, contact cindy@tarrantbar. org or 817-338-4092. if mailing or charging tickets, add 50 cents. Sprint offers 15% off the monthly service. For info, contact [email protected] or 817-338-4092. 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 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. 16 www.tarrantbar.org ■ February 2014 The Transition to Practice luncheons and Cle are sponsored by the TCBA. if you know a lawyer, licensed three years or less, who might be interested in the program, encourage him or her to join the TCBA. For more information on the program, contact Cindy Rankin at (817) 338-4092 or [email protected]. The program members will meet again on Wednesday, March 26 for “Setting Up a Legal Office.” ■ “New Look” for the Bulletin You may have noticed a new look for the Bulletin. Effective with the January 2014 issue, TCBA engaged the services of Park Place Enterprises, Inc, a local graphic arts firm, to handle our pre-press production. Trisha had worked with G.G. Park, president of Park Place, on various projects including the Tortfeasors logo and poster design, photographed the front cover of the Directory, designed the LRIS billboard and the Bench Bar XXI Conference logo. G.G. comments, “We love what we do and it has been gratifying to receive such positive feedback about the January Bulletin. Most of our clients turn into long-term relationships, and we hope to include TCBA/TCBF in that category.” Operating continuously in Fort Worth since 1982, Park Place has handled magazine production for American Airlines’ Flight Safety, an in-house publication for pilots. Other publications outsourcing to Park Place include, The Short Round, Texas Hereford, and The Cattleman plus numerous newsletters for a variety of businesses. In addition to magazine production, other services offered by Place Place include design for print advertising, copywriting, logo development and design, and photography. Past clients include the Dallas Cowboys football club, Little Caesars Pizza, textbook publisher Modern Curriculum Press and Haltom City Economic Development Corporation. Current clients include some of the top cutting horse breeders in the nation, one of the largest ranches in Texas, an agri-business insurance company, a manufacturer of upscale men’s shoes, a construction company, a national mortage company, a home health care business, a few local companies and we donate our services to help promote a non-profit mental health organization. The Park Place offices are located in the cultural district at 3301 Hamilton Avenue, Suite 109, Fort Worth, Texas 76107 and G.G. can be reached at 817-877-8901; ggpark@ flash.net. ■ Pro Bono Volunteer Spotlight Aaron Young got bit by the pro bono bug early on while at- tending Willamette university College of law (Willamette) in Salem, Oregon. He and his classmates organized an annual fundraiser to allow students to receive stipends for public-service internships. The beneficiary of one of these stipends, Aaron worked as a summer intern at Marion-Polk County Legal Aid, Inc., assisting clients with Social Security hearings and helping one client successfully navigate the Oregon state healthcare system. Because of the number of hours he devoted to pro bono service, Aaron received Willamette’s Pro Bono Award. After graduating law school in 2004, Aaron worked for the u.S. Small Business Administration and subsequently for American Airlines Federal Credit union (AAFCu), where he has been employed since 2008 and is currently Assistant General Counsel. He has also continued devoting a substantial amount of time and energy to pro bono work. Aaron is a regular volunteer at legalline, legal Aid of NorthWest Texas’s (LANWT) clinics, and at Tarrant County Volunteer Attorney Services’ (TVAS) pro bono events, taking pro bono divorce cases and assisting low-income clients with the preparation of estate planning and ancillary documents. in 2013, Aaron performed approximately 80 hours of pro bono work and received LANWT’s Volunteer Attorney of the Year award because of his faithful attendance at lAnWT’s clinics. in 2014, Aaron began serving on the TVAS Committee, helping plan and coordinate pro bono events for the Tarrant County legal community. Aaron enjoys pro bono work because he believes that it gives the people he assists a sense of hope and the comfort that they are not facing their legal problems alone. He sees having a legal license as a privilege and believes that he should use this privilege to help people who cannot afford to pay for legal services access our legal system and the benefits that it provides. Aaron also admits that he gets a lot personally out of his pro bono cases and his interactions with his clients. He and his wife of 13 years, Donna, are also teaching the next generation of Youngs to give back to the community. Aaron and his eight-year-old son, Shawn, regularly serve and attend dinners at The Presbyterian night Shelter’s Patriot House, where Shawn talks with, and learns from, homeless veterans. Aaron also recently spearheaded a canned food drive for the Tarrant Area Food Bank, asking AAFCu employees to “Can the lawyer.” The AAFCu employees resoundingly answered the challenge, donating six pallets of food and effectively evicting Aaron from his office, which was the storage site for the donated food. Aaron, who is originally from Gilmer, Texas, is a graduate of Texas Wesleyan University and is frequently seen at soccer practices on weeknights and soccer games on the weekend. He coaches Shawn’s team, the Wolfpack; his five-year-old daughter Gillian’s team, the (mighty) Cupcakes; and an adult soccer team, the Wyld Stallyns, on which he also plays. ■ Katherine Thomas first became involved in pro bono work in 2012 when Kelly Hart & Hallman LLP (Kelly Hart), where she practices bankruptcy law, partnered with in-house-attorney clients and took divorce cases referred by legal Aid of NorthWest Texas (LANWT). After her first pro bono divorce case, she also volunteered at Tarrant County Volunteer Attorneys Services’ (TVAS) first pro bono event in november 2012 and took another divorce case, which unexpectedly resulted in a trial in 2013. Over the past year, Katherine has spent approximately 60 hours performing pro bono work. She initially decided to take a pro bono case to give back to the community. However, Katherine also found her pro bono cases to be extremely interesting, as they allowed her to learn an area of law outside of her regular area of practice. Additionally, she enjoyed helping her client resolve legal problems and move on with her life. In addition to her pro bono service, Katherine also volunteers at the Tarrant Area Food Bank and is a member of the Fort Worth-Tarrant County Young Lawyers Association’s Board of Directors. Moreover, she is an active member of the Dallas Association of Young Bankruptcy lawyers, a group that encourages mentoring and networking among bankruptcy attorneys in the DFW area. Katherine grew up in Ennis, Texas, obtained her bachelor’s degree from Texas Christian University and her juris doctorate from St. Mary’s University School of law. upon graduating law school in 2009, Katherine clerked for the Honorable Ronald B. King, Chief U.S. Bankruptcy Judge for the Western District of Texas, before beginning her privatepractice career at Kelly Hart. When not working or performing volunteer work, she is currently spending her limited free time making wedding arrangements for her upcoming marriage to Travis Hopkins of Fort Worth. ■ TVAS Event Sponsorships Available if you or your firm, company, or other organization is interested in totally or partially sponsoring a Tarrant County Volunteer Attorney Services pro bono event by funding supplies and any other costs associated with the event, please contact Aleed Rivera at [email protected] for more information. ■ February 2014 ■ TCBA Bulletin 17 C alendar of Events February 2014 March 2014 TUESDAY, February 4 noon . . . . . . . . . . Collaborative law Section luncheon TCBA Office, $10 members; $15 non-members WEDNESDAY, February 5 noon . . . . . . . . . . Corporate Counsel Section luncheon TCBA Office, $17 members; $23 non-members FRIDAY/SATURDAY, February 7-8 6pm (Friday). . . . . Women Attorneys Section Retreat Hilton Garden inn, Granbury MONDAY, February 10 4:30pm . . . . . . . . . Board of Directors Meeting TCBA Office TUESDAY, February 11 11:45am . . . . . . . . TCBA Membership Luncheon Fort Worth Club. $23 members; $28 non-members WEDNESDAY, February 12 noon . . . . . . . . . . international & immigration Section luncheon TCBA Office, $15 members; $20 non-members THURSDAY, February 13 9am to 4pm . . . . . Blood Drive TCBA Office MONDAY, February 17 President’s Day Holiday Office Closed TUESDAY, February 18 noon . . . . . . . . . . labor & employment law Section luncheon City Club, $23 members; $28 non-members WEDNESDAY, February 19 noon . . . . . . . . . . intellectual Property Section luncheon City Club, $25 members; $30 non-members THURSDAY, February 20 11:30am . . . . . . . . Fort Worth Business & estate Section luncheon City Club, Free to members; $30 guests noon . . . . . . . . . . Construction law Section luncheon TCBA Office, $12 members; $17 non-members MONDAY, February 24 noon . . . . . . . . . . Bankruptcy law Section luncheon Petroleum Club, $23 members; $28 non-members TUESDAY, February 25 11:30am . . . . . . . . Tax & Estate Planning Section Luncheon Petroleum Club, $15 members; $25 non-members 1pm to 4pm . . . . . last Tuesday Cle TCBA Office, $80 members; $105 non-members THURSDAY, Februay 27 9am to 4pm . . . . . Court Coordinators Seminar TCBA Office noon . . . . . . . . . . environmental Section luncheon Reata Restaurant, $15 members; $25 non-members 5:00pm . . . . . . . . . Docket Call Social Sponsored by lone Star Ag Credit Ruth Chris, 813 Main Street, Fort Worth FRee to TCBA members; $10 guests FRIDAY, February 28 12:30 to 3:45pm . . Brown Bag Seminar TCBA Office, $70 members; $95 non-members TUESDAY, March 4 noon . . . . . . . . . . Collaborative law Section luncheon TCBA Office, $10 members; $15 non-members MONDAY, March 10 4:30pm . . . . . . . . . Board of Directors Meeting TCBA Office TUESDAY, March 18 11:30am . . . . . . . . Tax & Estate Planning Section Luncheon Petroleum Club, $15 members; $25 non-members noon . . . . . . . . . . Real estate Section luncheon City Club, $15 members; $20 non-members THURSDAY, March 20 Cocktails 5:30pm. . Fort Worth Business & Estate Section Dinner (Cash Bar) Dinner 6:00pm . . . Speaker 6:30 p.m. Petroleum Club, Dinner FREE to members; $30 guests noon . . . . . . . . . . Construction law Section luncheon TCBA Office, $12 members; $17 non-members TUESDAY, March 25 1-4pm . . . . . . . . . . last Tuesday Cle TCBA Office, $80 members; $105 non-members 4:30pm . . . . . . . . . Solo & Small Firms Section Mixer Parker law Firm, 2317 Plaza Parkway, Suite 100 Bedford 76021 THURSDAY, March 27 11:15am. . . . . . . . . Court Coordinators Half-Day (PM) Seminar 4:30pm. . . . . . . . . Court Staff Appreciation Reception TCBA Office FRIDAY, MARCH 28 12:30 to 3:45pm . . Brown Bag Seminar TAMU School of Law, $70 members; $95 non-members 18 www.tarrantbar.org ■ February 2014 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 February2014 ■ TCBA Bulletin 19 Advertisers’ Index Classified Advertising Affiniscape. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Chuck Noteboom. . . . . . . . . . . . . . . . . . . . . . . . . 19 Clark R. Cowley. . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Ernest (Skip) Reynolds. . . . . . . . . . . . . . . . . . . . . . 4 Fort Worth J.S.B. Companies, Inc. . . . . . . . . . . . . 12 Office Space For Lease 2 Executive Office Suites Available at Tivoli Court law Office. Front office reception, telephone, copy and data network facilities included. To inquire, please call 817-479-0565. J. Michael McBride, P.C.. . . . . . . . . . . . . . . . . . . . . 9 Executive Suites Exclusively for Attorneys. Receptionist, conference room, telephone system, parking, etc. One block from Family Law Center. 400 E. Weatherford. Call 817-3364451 or come by. Juris Fabrilis, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . 4 Services LexisNexis . . . . . . . . . . . . . . . . . . inside front cover 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 Fort Worth Mediation Center. . . . . . . . . . . . . . . . . 9 M Beth Kurgler, JD, MS. . . . . . . . . . . . . . back cover Stephens Anderson & Cummings. . inside back cover Structured Annuities, Inc.. . . . . . . . . . . . back cover Texas Lawyers Insurance Exchange. . . . . . . . . . . . 3 Tindall Square. . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Zelli. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Mark Your Calendar for Future Events February 11, 2014 . . . . . . . . 50-year Lawyer Celebration, Fort Worth Club February 13, 2014 . . . . . . . . Annual Blood Drive, Tarrant County Bar Center February 27, 2014 . . . . . . . . Docket Call Social Ruth’s Chris Steakhouse March 22, 2014 . . . . . . . . . . Tortfeasors 4 Fort Worth Community Arts Center March 27, 2014 . . . . . . . . . . Court Staff Appreciation & Awards, Tarrant County Bar Center April 3. . . . . . . . . . . . . . . . . . 110th Anniversary Celebration Party Sheraton Hotel April 25, 26, & 27, 2014. . . . Bench Bar Conference, La Torretta Lake Resort & Spa, Montgomery, TX May 8, 2014. . . . . . . . . . . . . Law Day Awards Dinner, Fort Worth Club 20 www.tarrantbar.org ■ February 2014 BAR BULLETIN • February, 2014 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) 338-4902, fax to (817) 335-9238 or e-mail to [email protected]
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