April 2014 - Tarrant County Bar Association

Join us in the celebration and enjoy…
food, fun and friends!
Thursday, April 3, 2014 • 5:30-7:30 p.m.
Sheraton Hotel • 1701 Commerce Street • Fort Worth
P
resident’s page
H
appy Anniversary to us! This
month we mark the 110th year of
the local Bar. As we consider the
lawyers who came before us and those
who will come after, let’s take a moment
to celebrate the long history of success of
the Tarrant County legal community. The
by Ann Diamond celebration has been arranged by the 110th
Anniversary Party Committee chaired by
Theresa Copeland; you’ll regret it if you miss it. it will be at
the Sheraton Hotel, not far from the Bar Association office,
on April 3, 2014, at 5:30–7:30 p.m. Come celebrate–you are
part of this history.
We have a great Cle luncheon planned for Tuesday,
April 8, at 11:45 a.m. at the Fort Worth Club. Our luncheon
is a partnership with Tarrant County Young lawyers and the
Association of legal Administrators/Fort Worth Chapter, and
our speaker will be Steve Gilliland, a member of the Speaker Hall of Fame. His topic will be “emerge: Partner Track
to Managing Partner–improve Performance/inspire excellence.” Join us for a nice meal and some Cle. This would be
a good lunch to bring your non-attorney staff to as well.
later in the month, we have the annual Bench Bar
Conference, April 25–27, 2014, at la Torretta lake Resort
in Montgomery, Texas. The Bench Bar Committee, chaired
by Julie Sladek, has put together a great weekend. Bench
Bar is a combination Cle event and casual celebration of
collegiality among the lawyers and judges. Take the time to
get to know some of the great people with whom you share
a profession and join us for a couple days.
As long as we are reflecting on our history and the importance of both our accomplishments and professional collegiality, let’s take a moment to think about how we lawyers
treat each other and the judiciary.
Are we proud of the way we carry out our professional
duties? Do we set a good example as informed citizens? Do
we refuse to create non-existent fact disputes, recognizing
that we are entitled to argue the significance of facts, but accepting that the facts are the facts? Does our behavior show
the world that intelligent, civilized people can vigorously
but respectfully disagree even when the circumstances are
difficult, even a matter of life or death? Do we zealously advocate for our clients but ultimately respect the rule of law
when it is finally determined, whether we agree or not? And
do we truly understand and believe that the judge who we
knew was a great judge before the trial commenced is still
the same great judge after the trial, whether or not the judge
ruled in our favor?
i recently had the opportunity to see a vivid example
of excellent lawyers and an excellent judge professionally
handle an extremely high pressure, high stakes, and very
public matter. it drove home the importance of the behavior
of all of us as lawyers and as respecters and defenders of
our judiciary. The lawyers on both sides treated each other
with great respect and collegiality, even though they came
to the dispute representing very different perspectives. They
were highly prepared and completely professional. Despite
the highly emotional facts on both sides of the dispute, the
essential facts simply were not in dispute. The lawyers, recognizing that theirs was a dispute on the law, stipulated to
all of the essential facts. not a single live witness was called,
nor was any live testimony necessary. Despite the very eager herd of journalists and many concerned onlookers from
across the ideological spectrum, none of the lawyers pandered to the cameras at the courthouse or overly stoked the
inherent drama of the situation. This was laudable; media
from around the world showed up to watch this issue play
out in our local courthouse and they saw respectful, sober
lawyers, not the made-for-TV caricatures that, sadly, we
sometimes see lawyers morph into when disputes catch the
attention of the public. This does not mean that the lawyers
shied away from real advocacy in this case; the words used
by each side effectively made the point advocated by that
side and no doubt were not easy words for the other side
to hear. One need not agree with an opposing advocate’s
characterization of the dispute, and need not be comfortable
with one’s opponent’s word choice, to admit the professionalism of the argument.
Perhaps you saw some of the media coverage of this
case, the one involving the tragic story of the brain dead
pregnant woman on life support over her family’s objection.
i will not here discuss the merits of the dispute, partly because as i write this the court still has plenary power and
partly because the merits and the question of what the law
should be are issues that will continue to play out in public
debate in the media and in political circles for months to
come. i will say this: Anyone who thinks that their own
certainty on either side of the issue forecloses the possibility
of a decent argument on the other side has not studied the
matter sufficiently. i have seen public commentators on both
sides of the issue who have expressed that kind of embarrassingly uninformed certainty. This was and is a difficult
issue. Though our society tends to seek the convenience
of one-line slogans or catchy sound bites even when dealing with complex, nuanced issues, we need to remember
that life and death dramas are not easy issues and that real
people are involved. And we must not let the presence of
cameras turn us into the equivalent of cartoon characters.
it came as no surprise to me that the lawyers were able
to be respectful to one another regarding the legal dispute
because, having done their due diligence and having spent
as much time as was available on the research necessary
to represent their clients, they must each have truly understood that their opponent also had an arguable point. And it
helped that all three of the courtroom lawyers, my colleague
continued on page 4
April 2014
■
TCBA Bulletin
1
C
ontents
Features
3
5
6
7
9
12
22
Tarrant County Bar Association
817.338.4092 ■ Fax 817.335.9238
website: www.tarrantbar.org
e-mail: [email protected]
2013-2014 Officers
13
110th Anniversary Celebration of the TCBA
Law Day
CLE Luncheon - Speaker Steve Gilliland, CSP,CPAE
President. . . . . . . . . . . . Ann L. Diamond
President-Elect . . . . . . . Michael J. Henry
Vice President. . . . . . . . . David E. Keltner
Secretary-Treasurer. . . . . . Robert G. West
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
Fifty-Year Lawyers
J. Benjamin Barlow
Snoopers Beware – Social Media & Family Law
Pictorial Coverage
Docket Call, Court Coordinator Seminar and Rodeo
Vincent Circelli, President
Executive Director
Patricia Graham, PLS, CLAS
People’s Law School
Ex-Officio Members
State Bar of Texas Directors
22
Departments
1 President’s Page
10 100 Club Members
11 Texas Lawyers for Texas Veterans - Tarrant County Chapter
14 Snippets - Civil and Criminal
15 LegalLine
16 New Members - TCBA Membership Renewal
18 Other Associations’ News & Information
19 Tarrant County Volunteer Attorney Services
20 Lawyer Referral and Information Service
20 Lawyers on the Move & in the News
20 Election of TCBA Officers and Directors
In every issue
22 Calendar of Events
24 Classified Advertising
24 TCBA Member Benefits Vendor List
24 Advertisers’ Index
Stay Connected to Us
2 www.tarrantbar.org ■ April 2014
Fort Worth-Tarrant County
Young Lawyers Association
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
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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
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program, seminar or event.
JOIN US FOR THE PARTY
Food, Fun and Friends
Celebrating Where We’ve Been in 110 Years
Cocktails & Hors d’oeuvres’
Thursday, April 3, 2014 • 5:30 p.m. - 7:30 p.m.
Sheraton Hotel - Piney Wood Ballroom
1701 Commerce Street, Fort Worth, Texas
Free parking is available in the law school parking lots
Thank You to Our Sponsors
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April 2014
■
TCBA Bulletin
3
PReSIDent’S PAGe
continued from page 1
at the District Attorney’s office larry M. Thompson on the
one side, and Heather l. King and Jessica Hall Janicek of
KoonsFuller, P.C., on the other, are all consummate professionals with an obvious respect for law and the justice system—and for human beings in crisis.
And then there is the judge.
Going into court, we as lawyers and our clients as litigants always hope we are entering the courtroom of a judge
we respect. We want to be confident that we will be respectfully heard and that our clients will have a fair hearing before a judge who thoughtfully considers the law and somehow brings clarity to the dispute that brought us to court. in
short, we all want to be before a good judge. lucky us: in
Tarrant County we have a long and enviable history of good
judges.
The case in my example was heard by Judge R.H. Wallace. in my opinion, Judge Wallace is the quintessential
good judge: Smart, diligent, scholarly, unfailingly respectful,
courteous, and even tempered, but completely in charge of
his courtroom in the best tradition of classic judicial calm
in the midst of a gathering storm. Going in, no one knew
how the judge would rule on the dispute. Both sides clearly
believed in their clients and in the arguments they put forth.
But, while neither side could be certain of the outcome,
without a doubt both sides were confident that they were
going before a respected jurist who would give the matter
the serious and thoughtful consideration it deserved. As
lawyers, we know that any judge may rule in favor of our
client or in favor of the other side, or some combination of
side,
is a responsibility
of
both. We want to win losing
because
wethere
are wired
that way, but
those
aligned
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losing
side
we know we won’t always win because that is not how to
it
upjudge
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can hope
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right to expect. it is plenty; it is the foundation of our
justice
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As you already know
if you followed
this matter
the
position
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the right of the losing party to pursue a remedy in the apthelawyers
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when
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but the judge. At least a little of that kind of criticism was
a
should
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That
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which
our
elected
legislative
guarantee going in. it’s a given: in a life and death case some
representatives
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don’t
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The
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the judge”
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as
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lawyers must never become part of that kind of condemnato attack
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of
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the case or issue or outcome. it isn’t about whether the apWe as citizens
best served
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pellate
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opinion
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agree on an adjudicated result. it isn’t even about whether a
permitisideology,
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to predetermine
outcome.
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demeanor,
proman, inherently imperfect endeavor. A judge must be one of
4 www.tarrantbar.org ■ April 2014
us, a flesh and blood human being, someone who has many skills and abilities but
fully shares our humanity. We would neither accept nor trust anything less. What
makes a good judge is whether he or she
studies the law, listens to the parties,
carefully considers the matter, conducts
court in a proper and unbiased manner,
clearly and decisively rules in the way he 2014 TCBA Volunteer
Appreciation
or she believes correctly reflects the law,
and takes no offense at the appellate review process should
a party opt to trigger it. A good judge must ignore the cacophony of voices on all sides from those who wish to turn
some court cases into political battles even while the matter
is still in litigation. in the end, the trial judge is and should
be merely resolving the dispute before the court at that moment in time based on the law and facts as they exist. Politics has its rightful place in the creation of law and in the
vigorous debate of public policy, but not in the courtroom.
in the months ahead, the philosophical and political battle regarding what the law should be is destined to be fought
in the legislature and in the court of public opinion. That is
all fine and good. We as a free people who respect and cherish life but also liberty in the form of personal autonomy
have been shown yet another situation in which these two
important values appear to clash. We can and should allow ourselves to feel anguish about the situation and shed
tears for the family’s heartache and the lives lost; we can
and should think seriously about what the law should be.
Maybe the law is correct as now adjudicated under the facts
presented; maybe not. legislators can change the law if they
fessionalism,
delity
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but applinever
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rules.
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fair
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lawyers
and
litigants
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should
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your colleagues,
good
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of this unique power of words from the
Ann
Law Day Awards Dinner
Thursday, May 8, 2014
at the Fort Worth Club
6:30 p.m. • Reception (cash bar)
7:15 p.m. • Dinner & Awards Presentations
$65 per person in advance
$75 per person at the door
R.S.V.P. by 5 p.m., Monday, May 5, 2014
Visit www.tarrantbar.org to purchase tickets
Or call 817.338.4092
Honoring Our Recipients
Blackstone Award - Judge L. Clifford Davis
Silver Gavel Award - Judge Brent A. Carr
Professionalism Award – James E. Webb
Outstanding Young Lawyer – Greg Monroe
Outstanding Mentor – Terry Gardner
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April 2014
Ann
Ann
■
TCBA Bulletin
5
CLe Luncheon Speaker
Steve Gilliland, CSP, CPAe
nationally known speaker Steve Gilliland is a member of the Speaker Hall of Fame and one of the most indemand and top-rated speakers in the world. He can be
heard daily alongside Jeff Foxworthy and Bill Cosby on
SiriusXM Radio’s laugh uSA and Blue Collar Radio. As
one newspaper stated, “Steve is what happens when the
humor of Ron White collides with the inspiration of Zig
Ziglar.”
in addition to his brilliant speaking career, Steve is a
prolific, accomplished author, evidenced by his book enjoy The Ride TM being on the publisher’s best seller list for
seven consecutive years.
Steve built a multimillion-dollar company from the
ground up. His motto is straightforward: “if you take care
of people, the business will follow.” He has been recognized by Who’s Who for Speakers and Business Professionals, and The Pittsburg Business Times named his
company one of the fastest growing privately held companies in the region.
He received his bachelor’s degree from Grove City
College (PA) and his MBA from Globe university (Mn).
Steve’s topic at the April 8 Cle luncheon will be
“emerge: Partner Track to Managing Partner – improve
Performance/inspire excellence.” ■
6 www.tarrantbar.org ■ April 2014
Fifty-Year Lawyers
The following presentation was made by Terry Gardner
at the February Luncheon Honoring Fifty-Year Lawyers
F
ifty years ago you were “called” to the bar. An outdated
expression to be sure, but i love the sound of it. That being a lawyer is a calling, almost one that was somehow preordained. And the implication of it: that such a call is one to be
treasured and enjoyed by just a select few. So if i’m right, and
i think i am, then you all are to be commended.
But it is a calling, a profession that exacts a price and a
large price at that. For as you know, it consumes us. And for
better or worse, in so many ways, it defines us—who we are,
and it also measures our character for all to see.
Some years ago lynn liberato, then President of the State
Bar of Texas, gave a talk and her thesis sentence was, “What
we do is difficult.” And it is. By definition it involves conflict
and competition. every client believes you should “win” their
case, and they pay you with that as their expectation even
though, in the classic sense of litigation, only one-half will
prevail. We live with pressure.
And here i’m alluding to litigation because that’s what i
know best. But transactional lawyers, who are self-governing,
live under their own intense pressures—to achieve a desired
result in negotiating a deal, drawing legal instruments that are
air tight, whether it involves a merger, acquisition, contract,
will, or trust … the list is endless. To achieve their client’s
results, they must overcome obstacles: a law that stands in the
way, an adversary that won’t agree, and so on. in the end, no
matter how well they’ve done their jobs, nothing is fool proof,
even an installment note. everything can be challenged.
in thinking about my remarks today, i have, of course, reflected upon my own career and how i have tried to live my
life. i’m sure that you, the honorees, have done that more than
i because you have reached a milestone that most don’t make;
think of what you were doing fifty years ago. To think about
what you all have done for the past fifty years does boggle
the mind. The experiences you’ve had—good and bad—your
times of elation and of despair. This is to say nothing about
your primary duty: to be of service to others. For it is at the
end of the day, or the end of fifty years, that those will be the
memories that linger and will give you the most well-deserved
pride and satisfaction.
isn’t it odd how we so clearly remember how it all started,
with the serious demands of law school, and the friends we
made there who shared that journey? We never forget who our
law-school classmates were and who our professors were. We
almost always remember them very fondly. even today, when
we hear the name of someone we knew in law school, we’re
apt to remark, “we were in law school together,” and these
lasting memories are borne of pride: that we all went through
that challenging, sleep-deprived experience together: a shared
experience that binds us for a life time. That is remarkable.
Things have changed in these last fifty years, not just rules
and regulations and laws but our very legal culture. Fifty years
ago, our bar was much smaller, and we pretty much knew
most of the lawyers. The demographics and ethnicity of our
profession have changed. Thankfully. When Anne and i came
to town in 1967 after having spent a year after law school in
Austin, she couldn’t get a job. Period. Because of an accident
of birth: she was a female. Today, she serves on a court where
the majority of members are female. As i look out here, 50%
of our profession is women.
We were collegial, we all tended to get along and enjoy
each other’s company. now, it was not all necessarily socially
correct, and here i’ll omit any further mention of the young
lawyer’s highlight of the year: the junior-bar stag party. The
annual Blackstone Awards dinner and dance—men wore tuxes and women wore gowns, and after dinner there was dancing to a live orchestra. it was so exciting! The state bar convention was a big deal, and most of the lawyers attended or tried
to attend. You met with fellow lawyers from all over the state,
and it was fun. That’s how you stayed in contact.
At that time, it was against our ethical code for lawyers to
advertise, and few lawyers would even think of such a thing.
But in 1977, the u.S. Supreme Court brought a case up from
Kentucky and declared that such a prohibition denied the
plaintiffs’ first-amendment rights. now lawyers could advertise their services. Fast forward to today—billboard signs, TV
ads, screaming yellow pages, etc. assault our sense of dignity.
Then more and more emphasis began to be put on money.
There’s just no other way to say it. Slowly, even lawyers began
to refer to our profession as a “business.” it is no coincidence
that with this emphasis being put on money by gross advertising etc. that our standing in the public eye began a downward
spiral. no longer are we almost universally respected and in
some circles even revered. We now became the butt of jokes,
snide comments, and considered by some as no better than
street merchants in the market place. i hope i overstate this,
but you get the point. it is sad for all of us.
About the time that lawyers began to advertise and compete openly for business, we began to have a new subject
called “ethics” introduced in our seminars and workshops.
We are required by the bar association itself to have so many
hours annually of studying ethics. That’s how far we had
drifted from our roots. With this competition for business
and the departure from civility and professionalism, the Texas
Supreme Court commissioned and promulgated a “lawyer’s
creed” stating and reminding us of what was so obvious when
we started years ago. That was in 1989, twenty-five years ago.
Has it had an impact? not in my recent experience.
Today every agreement between lawyers, for God’s sake,
is reduced to Rule 11 agreements filed with the court. Our
word is no longer good enough. We have to stoop to a written
contract instead of a handshake. A Greek philosopher said,
“nothing endures but change.” it is the one constant. Our laws
and our courts have changed to a larger or smaller degree to
reflect the shifting political and social moods of the country.
The Jeffersonian idea of an elected judiciary is still, in my
judgment, the best alternative to selecting judges. But hasn’t
that changed? Fifty years ago, our trial bench here almost nevApril 2014
■
TCBA Bulletin
7
er alluded to their political views. Today, on the other hand,
the first thing a judicial candidate mentions about his or herself is their political party and how they embrace the philosophy of that party. That should have nothing to do with the
qualifications of one seeking to go on the bench. it is worse
on the national level. To fund a judicial race, the incumbent
or challenger must solicit money from the very people who
will practice before them. Before about twenty-five years ago,
i don’t think i remember a contested judicial race in Tarrant
County. We’ve seen how a judge’s personal biases or prejudices or agendas seep into their opinions. used to, that was all
but unheard of. it is especially obvious with the u.S. Supreme
Court—the vetting process the applicants endure is nothing
but a grilling on how they might rule on a politically sensitive
issue if brought before them.
How we communicate has changed. The old way was giving dictation to a secretary who took shorthand. Then it was
bulky tapes. And now, we communicate with our court filing
(e-filing) and our communication with our clients and opposing counsel by email. now that has to be a great change as it
is so efficient.
The cost of litigation has changed. You’ll recall your starting salaries—think about it now—it wouldn’t even cover your
monthly utility bills. My billing rate was $35 an hour. Today,
every case, simple or complex, small or large is expensive. The
pre-trial written discovery: interrogatories which automatically
raise objections, requests for admissions, motions to produce,
motions to compel, and motions to sanction the other party
or his lawyer are common place. The money spent to indulge
8 www.tarrantbar.org ■ April 2014
that madness is obscene. Think back on your careers, and try
to think of one case in which an answer to an interrogatory
turned the tide. They’re all but useless now even though each
new rule change comes with the promise that it will streamline discovery and reduce fees and costs to the public whom
we serve. in that they have failed abjectly.
Good lawyers? Have you noticed that the really good lawyers are the ones that are the easiest to work with, before and
during trial?
enough of the pessimism. Can anyone here even imagine
what practicing law will be like twenty, thirty years from now?
i don’t think so. Just when i feel jaded or disappointed or
cynical about the changes we’ve witnessed, i think of young
lawyers and especially those with whom i work. They are my
inspiration. Their characters are beyond reproach. They are
100% dedicated to the practice and practicing the ideals of
our profession. They work so hard. They are so smart. They
are so curious. They listen so intently. They are cautious but
confident. They are respectful. And most importantly, they’re
gracious and patient with me!
“The future of our calling is left in very good hands, and
that makes me so happy. For these young lawyers also appreciate what it means to be called to the bar. So to you, our
fifty-year honorees, who have suited up and shown up, in
good times and bad, who have been true to your calling and to
yourselves, you make the rest of us proud to be lawyers. Our
respect and admiration for you is boundless. For it is because
of you, and what you’ve done, that today we all stand taller!”
SO, THAnK YOu. We ARe All in YOuR DeBT.
Snoopers Beware – Social Media & Family Law
“Life was so simple when apples and blackberries were fruit, a tweet was the sound of nature,and facebooks were photo albums”
—Carl Henegan, Darkness Left Undone
W
by Brenda Hasenzahl, partner at the firm of Cotten Schmidt & Abbott, Fort Worth, Texas
ebster’s dictionary defines social media as a “form
of electronic communication through which users create online communities to share information, ideas,
and personal messages.” The numbers of users on some
of the more well-known social media sites are staggering:
Facebook reports 1.3 billion users, and Twitter reports 645
million users. According to the American Academy of Matrimonial lawyers, 81% of divorce attorneys have seen an
increase in the use of social media evidence in divorce proceedings1. As such, the use of social media in family law
cases is on the rise.2 As a an attorney handling family law
matters, common issues that may arise are 1) whether the
social media evidence was obtained permissibly, 2) whether
you may subpoena social media records, and 3) potential
spoliation issues.
A common scenario many family law attorneys now
face is a potential client walking through the door carrying
a stack of printed emails, Facebook posts, or Tweets that
“prove” their spouse is having an affair, or “proving” that
their former spouse is publically bragging about the purchase of expensive items, yet claiming to the court there are
no funds for child support. Before reviewing these documents, or attempting to introduce them as evidence, it is
important to ascertain whether they were obtained legally.
The applicable federal law is named the Stored Communications Act (“SCA”), codified as 18 u.S.C. § 2701, which holds
anyone liable who “intentionally accesses without authorization a facility through which an electric communication
service is provided…and thereby obtains…[an] electronic
communication while it is in electronic storage in such a
system.” Federal case law is clear that the SCA protects
unopened emails stored on email servers before they are delivered to, and opened by, their recipients.3 However, many
family law attorneys are faced with a slightly more “grey”
scenario where their client tells them the emails were found
“by accident” on their spouse’s computer, and the emails
were “already open.” The status of opened emails left on
an email server remains unclear between various federal
courts of appeals, as there is a legal debate as to whether
an opened email is still in ‘electronic storage’, and therefore
covered by the SCA. Although the u.S. Supreme Court has
yet to establish a precedent regarding this issue, the sage advice to give a client is to not access another party’s email or
social media accounts, whether directly or indirectly. even
if there is no liability under the SCA, the activity may be
deemed a violation of state law.
Chapter 123 of the Texas Civil Practice and Remedies
Code addresses illegal interception of communication, and
allows statutory, actual, and punitive damages. Texas also
recognizes intrusion of Seclusion and invasion of Privacy
causes of action that can be applicable if a person is found
to have intentionally accessed electronically stored communications (such as email, Facebook, and Twitter) without
authorization. A criminal case that garnered national head
lines occurred in Austin, Texas, where Shawn Macleod was
found guilty of installing spyware on his estranged wife’s
computer without her permission, with the intent to read
her emails and internet activity. Mr. Mcleod plead guilty to
the charge of unlawful interception of an electronic communication, and was given a sentence of four years in prison.
let this case be an example in advising your client not to
“hack” into a spouse’s email or social media provider in an
attempt to gain evidence in a family law proceeding.
Family law lawyers are also frequently faced with a client asking whether it is possible to subpoena the calls, texts,
and social media posts of their significant other. under the
same federal laws that make it illegal to access stored communications without authorization, cell phone providers
and social media companies are prohibited from disclosing
electronic communications, even if served with a subpoena.4
Barring very specific loopholes (such as allowing service of
a subpoena in criminal matters or if the requesting party is a
governmental entity) most mainstream cell phone providers
and social media companies will not issue information or respond to a request for production of documents. However, it
should be noted that anything posted ‘publically’ on a social
media site is not deemed privileged, and may be accessed by
opposing counsel or subject to a discovery request. Specifically, Texas district courts have ruled that accessing a public
Facebook page or similar type of social media source that is
open to a third party is not an invasion of privacy.5
it is important to remember that social media posts and
cell phone records are still subject to the same rules of evidence as more traditional forms of evidence. it is prudent
to caution clients against deleting social media posts which
may subject them to an adverse spoliation instruction. This
past spring, a federal new Jersey court ordered that “an instruction be given at trial to the jury that it may draw an
adverse inference against Plaintiff for failing to preserve his
Facebook account”.6 The court did not believe the Plaintiff’s
version that it was deleted “by accident”. This ruling can be
perceived as a warning to advise clients not to tamper with
social media once the anticipation of litigation has begun.
Given the millions of social media subscribers and its
growing influence, it is important to advise your clients
against sleuthing by impermissible means, or tampering
with social media once litigation has begun, as it could lead
to an unknowing violation of federal and state law. ■
http://www.aaml.org/about-the-academy/press/press-releases/e-discovery/big-surge-social-networking-evidence-says-survey2
http://www.reuters.com/article/2013/08/13/us-facebook-users-iduSBRe97C0WY20130813
http://articles.latimes.com/2013/nov/21/news/la-sh-twitter-users-graphics-20131121
3
Cruz lopez v. Pena, no. 2-12-CV-165-J, at *4 (n.D. Tex. Mar. 5, 2013).
4
18 u.S.C. § 2701 et seq.
5
Roberts v. CareFlight, 2012 Tex. App. lexis 8371 (Oct., 2012).
6
See Gatto v. United Air Lines, Inc., no. 10-cv-1090, 2013 u.S. Dist. leXiS
41909, slip op. at 11 (D.n.J. Mar. 25, 2013).
1
April 2014
■
TCBA Bulletin
9
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
Boyle & Lowry, LLP
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 & Hetherington, 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 Wolf 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.
10 www.tarrantbar.org ■ April 2014
texas Lawyers
for texas Veterans
Tarrant County Chapter
by Christopher DeLisio,
committee member and volunteer
I
had the opportunity to visit with an attorney, St. Clair newbern, at a recent clinic and got some of his impressions
about working with Texas lawyers for Texas Veterans-Tarrant
County Chapter (TlTV). Mr. newbern has been practicing
law for 46 years and volunteering for TlTV since it began.
What could lead a mild-mannered practitioner down such a
path?
“i just like helping people,” he said. “it used to be that
lawyers were lawyers because they liked helping people. We
should be giving back to the community.”
“This country needs to improve the way it treats its veterans. How can we not take care of our people?” Mr. newbern’s fierce love of both his country and his profession was
evident as we spoke. “Civilization is judged by how it treats
its weakest members. But it’s good that we’re getting lawyers involved; that lawyers think enough of their profession
to take half a day off to help.”
So what does help look like? no matter what the case is,
you’re helping a veteran get back on their feet. As an attorney, i don’t have all the answers, but what i can do is help out
with whatever legal problem is holding them back. A ticket
isn’t a big issue for most people. unless you’re broke, and
possibly struggling with a history of substance abuse, PTSD,
or other combat related illnesses. Then a ticket that you can’t
pay turns into a warrant for your arrest, and even more in
fines which you can’t pay either. How do you get out of this
mess? Class C offenses aren’t eligible for court-appointed attorneys, and everyone knows lawyers don’t work for free.
Picture the same scenario, but now add kids to the mix.
The veteran is trying to work, he is going on job interviews,
and has some work possibilities in the near future. With
things finally starting to look up, maybe the veteran can see
his kids again. He needs a lawyer to help get him the last few
feet to the finish line, but money has been tight for so long
that modifying a visitation or custody order seems
like a pipe dream.
The Army took me to a number of places that
could safely be described as armpits of the planet.
We spent days at a time on the barest amount of
sleep, sometimes operating in conditions that make
a homeless shelter seem like a Holiday inn. We’ve
spent days baking in sweltering gear to protect us
from chemical weapons attacks, nights shivering
next to comrades, soaked to the skin by rain from
a sky that seemed determined to see we’d never
go thirsty again. We’ve stood guard for agonizingly
boring hours, hating the grind, but
knowing excitement may be even
less desirable. And we’ve spent
holidays alone, far from loved
ones, sometimes unable to even
call. Some of us did it out of patriotism, some to grow up, and
some of us were picking a mili-
tary uniform before we were picked for a state pen uniform.
Whatever the reason, we came home different from the men
and women who first swore our oaths.
As attorneys, we enlist for a different sort of training, our
own unique shared suffering, first through education, then
the Bar examination, and ultimately we learn to effectively
practice our craft. That shiny gold card in our wallet comes
with great power to change lives, to create and to lift burdens;
to give someone a new lease on life; to bring hope and even
end suffering. So, take half a day off to volunteer for a TlTV
clinic, and see what you can do with yours.
Cheers!
Chris
April 2014
■
TCBA Bulletin
11
Docket Call • February 27 at Ruth’s
Chris Steak House sponsored by
Court Coordinator Seminar
February 27 at the
TCBA Dee J. Kelly Conference Center
12 www.tarrantbar.org ■ April 2014
The Greatest Show on Dirt • February 8 at the Rodeo
April 2014
■
TCBA Bulletin
13
Snippets
Civil and Criminal
by Justice Bob McCoy
■
2nd Court Of Appeals
eloquence––A Lost Art
Woman: Mr. Coolidge, i’ve made a bet against a fellow who
said it was impossible to get more than two words out of
you.
Coolidge: You lose.
Calvin Coolidge vs. a random woman at a White House dinner.
Thanks to Roger Towery for this item.
Who’s that Street named After?
Vickery, (previously known as Rio Grande St., and Stove
Foundry Rd.) was named after a developer in 1937.
From Werner Magnus, Who Was Hulen? An Attempt to Find
the Origins of Street Names in Fort Worth.
Who’s the Justice?
Joe C. Spurlock served as an Associate Justice from 1975 to
1983. Justice Spurlock was born in Throckmorton and received both his B.A. and ll.B. from the university of Texas.
He was engaged in the private practice of law from 1933 to
1968, when he was elected judge of the 96th District Court.
He served in that capacity until his election to the Second
Court of Appeals in 1975. Justice Spurlock’s son, Joe Spurlock ii, succeeded to his position on the Court of Appeals
upon his father’s retirement in 1983.
Ask Judge Bob
Judge Bob, what is the “baseball rule”?
it’s a rule “that a stadium owner owes only a limited duty to
spectators to protect them from baseballs hit into the stands.
under the limited duty, the stadium owner must provide
‘adequately screened seats’ for all those who wish to sit behind a screen.”
Martinez v. Hous. McLane Co., 414 S.W.3d 219, 222 (Tex.
App.—Houston [1st Dist.] 2013).
Ask the Danes
Moses
Ramses
Ramses and Moses, who decides if
dogs have to be registered?
The citizens of the county in which
they reside. “On receiving a petition
signed by at least 100 qualified property taxpaying voters of the county or
a majority of the qualified property
taxpaying voters of the county, whichever is less, the commissioners court
of a county shall order an election to
determine whether the registration of
and registration fee for dogs will be
required in the county.” Tex. Health &
Safety Code Ann. §822.022(a).
14 www.tarrantbar.org ■ April 2014
The Danes’ Quote Of The Month
“let sleeping dogs lie–who wants to rouse ‘em?”
—Charles Dickens, David Copperfield
Civil Items of Interest
1. Jurisdiction
“A nonresident may structure its business so as to not
profit from a forum’s laws and not be subject to its jurisdiction.”
Moncrief Oil Int’l Inc. v. OAO Gazprom, 414 S.W.3d 142,
154 n.13 (Tex. 2013).
2. Governmental Immunity
“like its counterpart of sovereign immunity, governmental immunity protects political subdivisions of the
state, including counties and its agencies, from liability
and lawsuits. Governmental immunity is waived only by
clear and unambiguous language indicating the legislature’s intent do so.”
Harris Cnty. Hous. Auth. v. Rankin, 414 S.W.3d 198, 201
(Tex. App.—Houston [1st Dist.] 2013) (internal citations
omitted).
3. Mutual Mistake
“The elements of mutual mistake are: (1) a mistake of
fact; (2) held mutually by the parties; (3) which materially affects the agreed-on exchange . . . . under the doctrine of mutual mistake, when parties to an agreement
have contracted under a misconception or ignorance of
a material fact, the agreement will be voided.”
N.Y. Party Shuttle, LLC v. Bilello, 414 S.W.3d 206, 212
(Tex. App.—Houston [1st Dist.] 2013) (internal citations
omitted).
4. novation
“novation is the substitution of a new agreement between the same parties or the substitution of a new
party on an existing agreement . . . . To establish a novation, the party raising the defense must prove: (1) the
existence of a previous, valid obligation; (2) a mutual
agreement of the parties to a new contract; (3) the extinguishment of the old contract; and (4) the validity of
the new contract.”
N.Y. Party Shuttle, LLC v. Bilello, 414 S.W.3d 206, 214
(Tex. App.—Houston [1st Dist.] 2013) (internal citations
omitted).
5. Summary Judgment Motion
“[A] response to requests for admissions is not a response to a summary judgment motion. And an oral response is legally no response.”
Nguyen v. Kuljis, 414 S.W.3d 236, 243 (Tex. App.—Houston [1st Dist.] 2013).
6. Physician
“‘The term ‘physician,’ as it is ordinarily used, refers to a
person who is licensed to practice medicine. it does not
impose any geographical limits.’ neither rule 702 nor
chapter 180 of the Texas Administrative Code places any
restrictions on what state a doctor must be licensed in
to be qualified to testify as an expert.”
N.H. Ins. Co. v. Allison, 414 S.W.3d 266, 274 (Tex. App.—
Houston [1st Dist.] 2013) (internal citations omitted).
Criminal Items of Interest
1. Circumstantial evidence
“Circumstantial evidence is as probative as direct evidence in establishing an actor’s guilt, and an actor’s
guilt can be established with circumstantial evidence
alone. in circumstantial-evidence cases, every fact need
not point directly and independently to the guilt of the
appellant; it is enough if the conclusion is warranted by
the combined and cumulative force of all the incriminating circumstances.”
Davis v. State, 413 S.W.3d 816, 821 (Tex. App.—Austin
2013).
2. Lesser-Included offense
“[T]he elements of the lesser-included offense do not
have to be pleaded in the indictment if they can be deduced from facts alleged in the indictment.”
State v. Meru, 414 S.W.3d 159, 162 (Tex. Crim. App.
2013).
3. Reasonable Suspicion
“Reasonable suspicion requires more than a hunch;
it exists only when an officer has specific, articulable
facts that, taken together with reasonable inferences
from those facts, would lead the officer to reasonably
conclude that the person detained is, has been, or soon
will be, engaging in criminal activity. The reasonablesuspicion determination is an objective one made by
considering the totality of the circumstances.”
Delafuente v. State, 414 S.W.3d 173, 177 (Tex. Crim.
App. 2013) (internal citations omitted).
4. Investigative Detention
“An investigative detention, which implicates Fourth
Amendment protections, ‘occurs when a person yields
to the police officer’s show of authority under a reasonable belief that he is not free to leave.’ in determining
whether the interaction constituted an encounter or a
detention, courts focus on whether the officer conveyed
a message that compliance with the officer’s request
was required—‘whether a reasonable person in the citizen’s position would have felt free to decline the officer’s requests or otherwise terminate the encounter.’”
Johnson v. State, 414 S.W.3d 184, 193 (Tex. Crim. App.
2013) (internal citations omitted).
5. PSI Report
“A PSi does not necessarily have to establish beyond a
reasonable doubt that the defendant is responsible for
extraneous misconduct before a court may consider it
in assessing punishment . . . . Rather, the PSi need only
provide the trial court ‘with some basis from which it
can rationally infer that the defendant was responsible
before using it to inform its normative judgment of what
punishment to assess within the statutorily prescribed
range.’”
Salinas v. State, 414 S.W.3d 232, 234-35 (Tex. App.—
Houston [1st Dist] 2013) (internal citations omitted).
6. Definition of “Beyond a Reasonable Doubt”
“in Texas, courts are not required to give the jury a definition of beyond a reasonable doubt. . . ‘[e]ach juror
must decide for himself what amount of proof would
constitute the threshold of beyond a reasonable doubt.’
[T]he jurors must use their common sense in determining whether proof beyond a reasonable doubt has been
met.”
Anderson v. State, 414 S.W.3d 251, 256 (Tex. App.—
Houston [1st Dist.] 2013) (internal citations omitted).
Quote of the Month
“extreme Justice is extreme injustice.”–Cicero
old news
in December 1836 the Republic of Texas established the post
office department with postal rates ranging from 6¼¢ for
distances up to 20 miles to 37½¢ for distances over 200
miles for single page letters (a sheet folded over with the
address on the front; envelopes did not come into use until
1845). The penalty for the first offense of mail robbery was
ten years, and a second offense subjected the offender to
death by hanging. ■
We need You!
LegalLine participants.
2/13/2014 2/27/2014
Joe Colvin
Sylvia Duarte
Vicki Wiley
George Lockwood
Dave Olivas
Scott Phillips
Joe Colvin
James Saint
Franklin Moore
Volunteer your time and skill
to a valuable
community service
outreach program
To participate,
call Carolina at 817-338-4092
or email [email protected]
Bring a friend…
Free pizza
for all volunteers!
6 pm to 8 pm
the 2nd & 4th
thursday
of every month
April 2014
■
TCBA Bulletin
15
New
Members
Attorneys
elizabeth Cortright
Gustavo Cuadra
Cathy Cunningham
Jennifer Dillon
Rashelle Fetty
Samantha Gowans
Robert l. Gunter Jr.
lara newman
Jack Ormond
Tim Robinson
Sarah Sylvester
Students
Tera Bias
Jennifer Carroll
Brandon Daggett
Justin Davis
Brent Dore
Bolton Harris
Matthew Masek
Chelsea Mikulencak
lynne nash
Adam nicholson
Michael Schneider
Kristen Zahnow
Associate
Don linnen
Paralegal
Rosalinda Webber
tCBA Membership
it’s hard to believe that we are nearing the end of this bar
year. Yes, i know it’s only April, but the bar year ends
June 30, and renewal invoices will go out the first of
May!
Members, please watch your emails for invoices the first
part of May. For those of you in large firms, i will send
a folder with your invoice in it to your administrator, as
well, but you need to let them know what Sections and
committees you wish to join before they turn the invoices
back into us with payment.
Thanks to each of you for your continued support of the
Bar Association. We can only be as good as our membership. ■
16 www.tarrantbar.org ■ April 2014
April 2014
■
TCBA Bulletin
17
other Associations’
News & Information
FW-TC YLA 2013-2014 new Bar Year began September 1, 2013.
if you need an application or meeting information, call 817-3384092, 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.
18 www.tarrantbar.org ■ April 2014
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 Colby Wooten at 817-632-8400.
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 [email protected]
Texas Association of Defense Counsel
Meets for lunch every 4th Wednesday at Angelo’s. Contact George
Haratsis, McDonald Sanders, 817-336-8651 for more information.
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.
t
arrant County Volunteer Attorney Services is gearing up
for its 2nd Pro Bono event of 2014. This event will be
focused on providing estate Planning assistance to low income residents of Tarrant County. Volunteer attorneys will
prepare Wills, Powers of Attorney, Directives to Physicians
and other ancillary documents. The document execution
event will be held on April 29th at 5:30pm at the Tarrant
County Bar Association Dee J. Kelly Conference Center at
1315 Calhoun Street, Fort Worth, Texas. On April 9th from
3-5pm a free Wills & estate Planning Cle will be offered at
the same address to volunteer attorneys who wish to take
a pro bono case for this program. Come join in this community service event and help us in “Doing our part!”
To volunteer, contact Shauna Wright at shauna.
[email protected].
For more information about the program, contact Aleed
Rivera at [email protected] or 817-338-4092. ■
April 2014
■
TCBA Bulletin
19
News
Lawyer Referral and
Information Service
W
hile you may still join lRiS for 2013-2014 at a prorated dues amount, current members need to watch
their email (mail for those who don’t have email) the first of
May for the 2014-2015 lRiS Renewals. All referrals will stop
at 4:30 p.m. on June 30, 2014 unless a new application has
been received for 2014-2015. At this time, no changes in the
rules are anticipated.
Fast,
Friendly &
Accurate
The TCBA’s lawyer Referral Service would like to take
this opportunity to thank all of its members for their continued support of the program. We’ve grown every year in both
membership numbers and in revenue for the lRiS. lRiS is
now self-sustaining and no longer depends on funds from
the TCBA. We are very proud of the direction this service has
taken! it would not be possible without our members!
We would like to thank the following attorneys who
have paid referral fees since last reported: Neal Callaway,
Bill Catterton, Margaret Crosby, Wes Dauphinot, Sylvia Duarte, Patrick Gallagher, Chris Heise, Dustin Lee, John Milks,
Warren Norred, David Pritchard, Andrew Seibert, and Cynthia Williams.
Call (817) 336-4101 to contact the Referral Service!■
Title searches throughout Texas
performed by professional abstractors.
www.reisresearch.com
817-335-5092
It’s time to Vote
2014-2015 TCBA Officers and Directors
tBCA Attorney Members:
You will receive an e-mail inviting you to open
BallotBox to cast your vote. Elections open at
9AM on Tuesday, April 1 and
close at 5PM on Monday, April 22.
Lawyers on the Move &
in the News
20 www.tarrantbar.org ■ April 2014
Fort Worth attorney Jason C.N. Smith has opened the
law Offices of Jason Smith. The firm handles trial and appellate matters in employment, personal injury, and insurance.
The office is located at 600 8th Avenue in Fort Worth, 817334-0880.
Travis Patterson, an associate in Shannon Gracey’s Fort
Worth office, has been selected to be District Representative
for the American Bar Association Young lawyers Division for
District 26. He will represent the affiliated young lawyer divisions from north and West Texas on the ABA YlD Council, as
well as represent Texas Young lawyers Association.
Prichard Bevis and Scot Pierce have recently joined
Whitaker Chalk Swindle & Schwartz as Partners. Prichard
Bevis handles oil and gas as well as other real-property-related transactions and litigation. Scot Pierce practices in secured
transactions, commercial litigation, and bankruptcy.
Shannon, Gracey, Ratliff & Miller, llP is pleased to announce that Patrick J. Maher, partner and head of the firm’s
labor & employment Group, has been elected to serve a
three-year term as a Section Representative to the Board of
Directors of the State Bar of Texas. As a Section Representative, he will serve in facilitating communication and cooperation between these specialty Sections and the top governance
of the State Bar.
Jeremy R. Pruett has been promoted to Shareholder at
the law firm of Bourland, Wall, & Wenzel, PC. Jeremy Pruett’s
practice focuses on business planning, business transactions,
and real estate law. ■
April 2014
■
TCBA Bulletin
21
C
April 2014
alendar of Events
WeDneSDAY, April 2
noon . . . . . . . . . . Corporate Counsel Section luncheon
TCBA office
THuRSDAY, April 3
5:30 pm . . . . . . . . 110th Anniversary Party
Sheraton Hotel, Downtown Fort Worth
SATuRDAY, April 5
12:30-4 pm . . . . . . People’s law School
TAMu law School
TueSDAY, April 8
11:45 am. . . . . . . . Membership luncheon
Fort Worth Club
THuRSDAY, April 10
noon . . . . . . . . . . environmental law Section luncheon
TCBA Office
noon . . . . . . . . . . energy law Section luncheon
City Club
6:00 pm . . . . . . . . legalline
TCBA office
MOnDAY, April 14
4:30 pm . . . . . . . . TCBA Board of Directors Meeting
TCBA office
TueSDAY, April 15
noon . . . . . . . . . . labor & employment Section luncheon
City Club
5:00 pm . . . . . . . . Collaborative law Social
Office of Diane Wanger
WeDneSDAY, April 16
noon . . . . . . . . . . Business litigation Section luncheon
City Club
THuRSDAY, April 17
noon . . . . . . . . . . Construction law Section luncheon
TCBA Office
FRiDAY, April 18
Good Friday • TCBA Office closed
MOnDAY, April 21
noon . . . . . . . . . . Bankruptcy Section
City Club
THuRSDAY, April 24
6:00 pm . . . . . . . . legalline
TCBA office
FRiDAY, April 25-27
Bench Bar Conference XXi
laTorretta Hotel & Spa
Montgomery, Texas
TueSDAY, April 29
11:30 am . . . . . . . . Tax & estate Planning Section
Petroleum Club
1-4 pm . . . . . . . . . last Tuesday Cle
TCBA Office, $80 members; $105 non-members
4:30 pm . . . . . . . . Solo & Small Firms Section Mixer
no location yet
5:30 pm . . . . . . . . TVAS Wills and estate Planning event
May 2014
THuRSDAY, May 1
5:30 pm . . . . . . . . Women Attorneys Section Fashion Show at
neiman Marcus
WeDneSDAY, May 7
noon . . . . . . . . . . Corporate Counsel Section luncheon, TCBA Office
THuRSDAY, May 8
6:30 pm . . . . . . . . law Day Awards Dinner
Cash Bar Reception
7:15 pm . . . . . . . . Dinner
Fort Worth Club
$65 per person in advance: $75 per person after
May 5
MOnDAY, May 12
4:30 pm . . . . . . . . TCBA Board Meeting, TCBA Office
TueSDAY, May 13
5:30 pm . . . . . . . . Appellate, Business litigation and Corporate
Counsel Sections Mixer
Bird Café
THuRSDAY, May 14
noon . . . . . . . . . . Construction law Section luncheon
TCBA Office
TueSDAY, May 20
11:30 am . . . . . . . . Tax & estate Planning Section luncheon
Petroleum Club
noon . . . . . . . . . . Real estate and international & immigration law
Sections Joint luncheon
City Club
noon . . . . . . . . . . Collaborative law Section elections
TCBA Office
MOnDAY, May 26
Memorial Day Holiday • TCBA Office Closed
TueSDAY, May 27
1-4 pm . . . . . . . . . last Tuesday Cle
TCBA Office
4:30 pm . . . . . . . . Solo & Small Firms Section Mixer
TBA
WeDneSDAY, May 28
noon . . . . . . . . . . Transition to Practice Cle luncheon
TCBA Office
Must be part of the program to attend
THuRSDAY, May 29
noon . . . . . . . . . . Appellate law Section luncheon
Fort Worth Club
FRiDAY, May 30
12:30 – 3:45 pm . . Brown Bag Seminar
TCBA Office
It’s FREE!
Saturday, April 5, 2014 • 12:30 - 4PM
Texas A&M University School of Law
in downtown Fort Worth 1515 Commerce Street
Community Service Program underwritten by the
Tarrant County Bar Foundation for the
citizens of Tarrant County
22 www.tarrantbar.org ■ April 2014
April 2014
■
TCBA Bulletin
23
Classified
Advertising
Office Space for Lease
Two Class A office spaces available for office share.
includes conference facilities, receptionist services, copy/
fax, internet included.
Call 817-460-5900.
Services
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. Raul.Canez@Canezlaw.
com 817-886-0651
Stay Connected to Us
Advertisers’ Index
Deborah Adame. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ALA Partner Luncheon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Bench Bar Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Burns Grapics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Clark R. Cowley. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Edward Jones. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Fort Worth JSB Companies, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Fort Worth Mediation Center. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Foster & East . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Juris Fabrilis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
M. Beth Krugler. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . back cover
Law Offices of Steven C. Laird. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Law Pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
LexisNexis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . inside front cover
J. Michael McBride. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Chuck Noteboom. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Real Estate Information Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Ernest (Skip) Reynolds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Jason Smith. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Stephens Anderson & Cummings. . . . . . . . . . . . . . . . . . . . . inside back cover
Structured Annuities, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . back cover
Texas A&M University School of Law Community Weekend. . . . . . . . . . . . 8
Texas Lawyers’ Insurance Exchange. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Tindall Square. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Zelli. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
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 [email protected] 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.
24 www.tarrantbar.org ■ April 2014
BAR BULLETIN • April, 2014
Tarrant County Bar Association
1315 Calhoun Street
Fort Worth, Texas 76102-6504
ADDRESS SERVICE REQUESTED
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]
PRESORTED
STANDARD
U. S. POSTAGE PAID
FORT WORTH, TX
PERMIT 1807
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