March, 2010 - Tarrant County Bar Association

Bulletin
March 2010
Tarrant County
Bar Association
Phone:
Fax:
Website:
E-mail:
(817) 338-4092
(817) 335-9238
www.tarrantbar.org
[email protected]
2009–2010 Officers
President ............................John Allen Chalk, Sr.
President-Elect........................W. Bradley Parker
Vice President ....................Robert E. Aldrich, Jr.
Secretary-Treasurer ..............J. Benjamin Barlow
2009–2010 Elected Directors
Michael P. Heiskell
Steven C. Laird
David R. Seidler
Michael J. Henry
David E. Keltner
Lori A. Spearman
2009–2010 Appointed Directors
Ann L. Diamond
Caroline Harrison
Immediate Past President
Heather L. King
FORT WORTH-TARRANT COUNTY YOUNG
LAWYERS ASSOCIATION PRESIDENT
Jennifer L. Willingham
EXECUTIVE DIRECTOR
Patricia Graham, PLS, CLAS
EX-OFFICIO MEMBERS
STATE BAR OF TEXAS DIRECTORS
Janna Clarke
Mark G. Daniel
ABA DELEGATE
Judge David Evans
BAR BULLETIN
Roger Simon, Editor
Tanya Pierce, Assistant Editor
Pat Leake, PLS, CLAS, Staff Editor
The Tarrant County Bar Bulletin is a
monthly publication of the Tarrant County Bar
Association. Articles, photos, and events for
the calendar, suggestions, or comments should
be directed to
1315 Calhoun Street
Fort Worth, Texas 76102-6504
Deadline for submission is the 20th
day of the month, two months before the
date of the issue (e.g. April 20th for the
June issue). Items for publication may be
sent by fax to 817- 335-9238 or e-mail to
[email protected] in Word format.
Articles published in the Bar Bulletin
do not necessarily reflect the opinions of
the Tarrant County Bar Association, its
officers, or the Board of Directors.
Calendar listings, classifieds, advertisements, and feature articles should not be
considered an endorsement of any
service, product, program, seminar, or
event.
TCBA Bulletin
by John Allen Chalk, Sr.
Court Staff Seminar March 29 - 30, 2010
Kirk Bryant, Chair, and Robert Haslam, Chair-Elect, of the
Court Staff Appreciation Committee, with their committee
members, have planned a first-ever “Continuing Legal
Education Seminar” for court coordinators and court-staff
personnel (and also for lawyers and legal-support staff). This
seminar, which will provide 12 hours of educational credit for
court coordinators and 9 participatory hours and 1.5 ethics hours for lawyers,
will be at the TCBA Center on March 29 (8:45 a.m. - 5:00 p.m.) and 30
(12:15 p.m. - 5:00 p.m.), 2010. This 1½-day seminar will satisfy most of
the continuing-education requirements for coordinators in Tarrant County, and
is the result of much careful planning and interest by the committee and courtstaff personnel. Many Tarrant County law firms are sponsoring this important
event. The court-staff seminar will end with a reception at the TCBA Center
from 5:30 to 7:30 p.m. on March 30, 2010, with all Tarrant County court-staff
personnel as honorees. We are deeply indebted to TCBA’s Court Staff
Appreciation Committee for this major, new event.
Blood Drive at TCBA Center on April 1, 2010
Instead of all the silliness that goes with “April Fool’s Day,” let’s do the
really serious and unselfish act of donating blood. From Haiti to Helmand to
Fort Worth, the need for donated blood is daily and huge! Don’t ignore this
important humanitarian duty. By coming to the TCBA Bar Center and donating blood (this is the first time that our TCBA blood drive will be at the TCBA
Bar Center) on April 1, 2010, you will make a statement that reflects what I
know TCBA members to be—concerned human beings with a deep respect for
suffering, loss, and life! Snacks and drinks will be available all day. If you
just have to pull an “April Fool’s” trick on April 1, 2010,
2010 do it at the TCBA
Center and give life to a needy human being. Our special thanks go to Chair
Lewis Miltenberger, Chair-Elect Sharon Millians, and all of the members of
the TCBA Annual Blood Drive Committee who have worked hard to make a
contribution of life to others.
Bench Bar Conference on April 23 - 25, 2010, at
Lakeway Resort & Conference Center
The Bench Bar Conference Committee, under Chair Janet Denton, ChairElect and Finance Chair Greg Lehrmann, and their hard-working committee
members, has returned the 2010 Bench Bar Conference to Austin, Texas, and
the Lakeway Resort and Conference Center. The 2010 program has been
carefully planned with some unique, exciting speakers who should make this
Bench Bar Conference the best yet! Make your plans to attend and get better
acquainted with Tarrant County judges and practitioners. Our special
thanks go to all of the sponsors who have made significant gifts in order
to make the 2010 Bench Bar Conference possible. Look at the Bench Bar
Conference brochure when it comes in the mail and make a mental note to
thank our generous sponsors.
The Texas Lawyer’s Creed—“Lawyer to Lawyer”
February 9, 2010
At our CLE Luncheon on February 9, 2010, David Keltner did a great job
of presenting Section III of the Texas Lawyer’s Creed, although he was forced
to run late after an oral argument in Dallas. I thought long and hard about who
in the TCBA would be the most appropriate lawyer to make such a presentation. I didn’t want an “outsider,” someone who didn’t really know us well,
talking to us. As I talked with other lawyers and thought about who should
make this presentation, David Keltner’s name kept surfacing. Section III is the
heart of The Texas Lawyer’s Creed. It certainly affects TCBA members every
day in our dealings and relationships with one another. Thanks, David—
continued to page 5
March 2010
3
TCBF ANNUAL MEETING
The
Tarrant
County Bar
Foundation
held its
Annual
Meeting on
January 28,
2010, in the
Bar Center.
Chair Thomas J. Williams reported
that in 2009 the Foundation welcomed
45 new Fellows, reduced the principal
indebtedness on the headquarters
building, provided funding to numerous law-related community and professional projects, and implemented
policies and procedures that are in
compliance with new Internal Revenue Service requirements imposed on
not-for-profit organizations.
The Foundation will join the
Tarrant County Bar Association in
TIME
TO
2010 to partner on a variety of
community service projects in an
effort to save costs, efficiently utilize
resources, and reduce the frequency of
demand on the time and money of the
membership. The two organizations
will continue to share a goal of helping attorneys and serving the public.
The Foundation, however, will rely on
the Association to provide volunteers
and staffing for committees, while the
Foundation will focus on grants,
fundraising, fellows program, and
planned giving. Although this is a
new concept for Tarrant County, many
bar associations and foundations
throughout the country have implemented these types of working relationships, which are designed to
accommodate growth for both the
associations and foundations.
While the Association will
continue its primary mission of
providing service to the legal com-
VOTE
F O R N E W TCBA
AND BOARD MEMBERS
The nominees have been
announced and online election and
paper ballots will be launched on
March 15. It’s time for you to
make some choices. The nominees
this year are
President-Elect: Robert E.
Aldrich, Jr.;
Jr.
Vice President: J. Benjamin
Barlow;
Barlow
Secretary-Treasurer: Ann L.
Diamond, Michael P. Heiskell
or Chris Nickelson;
Nickelson
Director, Place 4: Caroline C.
Harrison, David F. Johnson or
Robert G. West;
OFFICERS
Director, Place 5: Stephen C.
Farrar, Christie S. Glenn or
Frank R. Jelinek;
Jelinek and
Director, Place 6: Lateph A.
Adeniji, Artie Errisuriz or
Karmen Johnson.
Johnson
For the positions with multiple
nominees, please make your
choices and cast your ballots. For
members voting electronically, you
will get an email on March 15,
letting you know that the election
is open. Please cast your electronic ballot using Ballot Box. If
you do not have an email address,
a paper ballot will be mailed to
you. If you have an email address
Tarrant County Bar Foundation
munity through CLE programs and
networking opportunities, the
Foundation will focus its energy on
giving back to the general public and
funding organizations and projects
that reflect positively on the legal
profession, including, but not limited
to, the projects such as Access to
Justice, Bears & Books Project, Blood
Drive, Canned Food Drive,
Community Outreach, Elder Law
Handbook, National Adoption Day,
and Trinity Habitat for Humanity.
The Foundation’s Board of Directors
remains committed to furthering its
mission of supporting the interests of
justice and the legal system through
carefully considered financial support
for appropriate organizations.
but prefer
a paper
ballot,
please drop
by the Bar
offices to cast
your vote. Voting will close at
5:00 p.m. on April 12, 2010.
Also, check the Tarrant County
Bar website at www.tarrantbar.org
for the results of the Judicial
Qualifications Poll taken in
January. Click on the Membership
tab, then the TCBA Member
Benefits tab, and on the line for
polls. If you have any questions,
contact Trisha at the Bar Offices.
Tarrant County Bar Association
People’s Law School
March 6, 2010
8:30 a.m. to Noon
Texas Wesleyan School of Law
1515 Commerce Street, Fort Worth
4
March 2010
TCBA Bulletin
Docket Call Social
March 11, 2010 - 5 to 7 p.m.
hosted by TCBA and Fort WorthTarrant County Young Lawyers Association
at
525
Taylor Street
downtown
Fort Worth
(817) 348-9830
DON’T WAIT
TO
REGISTER – BENCH BAR
I once had all those ill-conceived
notions about why I didn’t care about
going to Bench Bar. I can’t afford it;
it’s not my group of lawyers; I don’t
golf; I don’t party. Now I can’t
imagine NOT going.
When I opened my own law office,
I decided it was necessary to tap into
other lawyers as potential referral
sources—yep, I admit it—it was good
ol’ free enterprise and the need to
make a living that spurred
me to attend my first
Bench Bar. And it was one
of the best BUSINESS
decisions I ever made.
Think about it—
everyone knows a lawyer. And no
matter what the area of practice, it’s
that lawyer they call first when they
need one. You know who they are:
the neighbor with a sister who’s
getting a divorce; the new parents
who need some estate planning
continued President’s Page from page 3
you did a masterful job on a sensitive
subject that we all needed to hear
about!
THE TEXAS LAWYER’S CREED—
“LAWYER AND JUDGE”
APRIL 13, 2010
The Honorable Dixon W. Holman
TCBA Bulletin
FILLING UP
FAST!!!
BY JANET DENTON, COMMITTEE CHAIR
advice; the friend whose sweetheart
did a little too much celebrating on
New Year’s Eve. They all call the
lawyers they know for referrals. And
the only way for you to get referrals
is to establish relationships with
lawyers who will refer business to
you. Otherwise, it’s outta’ sight,
outta’ mind. There just isn’t any
better way to establish those relationships than at Bench Bar, period.
“A good lawyer knows the law,
but a great lawyer knows the judge.”
Clichés exist because there is a grain
of truth to them. Isn’t a case that
much easier to handle (and therefore
better for your client) when you have
a good knowledge of and relationship
will present the final Section IV
(“Lawyer and Judge”) of The Texas
Lawyer’s Creed at our CLE Luncheon
on April 13, 2010,
2010 at the Fort Worth
Club at 11:45 a.m. We will also honor
all of our TCBA members who, as of
this bar year, have been licensed in
Texas for fifty years! Justice Holman
has been a practitioner, a trial judge,
March 2010
with the judge? There is no better
place to gain a mutual understanding
and respect with your judges than at
Bench Bar.
Yes, it’s a blast. Yes, it’s great
CLE. Yes, it’s a beautiful resort
weekend. But we all have a lot of
opportunities for those things all the
time. The difference with Bench Bar
is you get all of those things and
develop long lasting relationships—
relationships that grow into
strong friendships and more
business for everyone.
Most lawyers who attend a
Bench Bar never miss another
one. There’s a big message in
that fact. The cost should not be the
issue—it’s the value for what you pay,
and I submit to you that the value of
Bench Bar is . . . priceless.
Partial Scholarships Still
Available!
Contact Sherry at 817.338.4092
and an appellate judge, in addition to
all of his other civic and professional
accomplishments. Please plan to help
us honor all of TCBA’s 50-year
lawyers and to conclude, with Justice
Holman’s presentation, our year-long
CLE Luncheon studies of “The Texas
Lawyer’s Creed— A Mandate for
Professionalism.”
5
TARRANT COUNTY BAR ASSOCIATION SALUTES ITS
2 0 0 9 - 2 0 1 0 “ 1 0 0 C L U B ” MEMBERS
Adams, Lynch & Loftin, P.C.
Albert Neely & Kuhlmann, LLP
Allmand & Lee PLLC
Bakutis, McCully & Sawyer, P.C.
Bank of America
Barlow, Garsek & Simon, L.L.P.
Barrett, Daffin, Frappier, Turner & Engel, LLC
Bassel & Wilcox, P.L.L.C.
Beadles Newman & Lawler, PC
Berenson Firm P.C., The
Bishop Payne Harvard & Kaitcer LLP
Blaies & Hightower, L.L.P.
The Blum Firm, P.C.
Bob Leonard Law Group, PLLC
Bodoin, Agnew, Greene & Maxwell, P.C.
Bourland & Kirkman, L.L.P.
Bourland Wall & Wenzel, P.C.
Boyle & Lowry, L.L.P.
Brackett & Ellis, P.C.
Law Offices of Art Brender
Broude Smith & Jennings PC
Brown, Dean, Wiseman, Proctor,
Hart & Howell, L.L.P.
Bruner & Pappas LLP
Law Offices of Suzanne I. Calvert & Associates
Cantey Hanger LLP
Cash America International
Chalk, Cullum & Associates
City Attorney’s Office-City of Fort Worth
Cokinos Bosien & Young, P.C.
The Colaneri Firm, P.C.
Cook Children’s Health Care Systems
Cotten Schmidt & Abbott, L.L.P.
Craddock, Davis & Krause, LLP
Curnutt & Hafer, L.L.P.
Decker, Jones, McMackin, McClane,
Hall & Bates, P.C.
Dismuke, Waters & Sweet, P.C.
Fillmore Law Firm, P.C.
Forshey & Prostok, L.L.P.
Friedman, Suder & Cooke
Frost Bank
Gardner Aldrich, LLP
Goodrich Postnikoff & Albertson, LLP
Gordon Sykes & Cheatham, LLP
Griffith, Jay, & Michel, L.L.P.
Harris, Finley & Bogle, P.C.
Harrison-Steck, P.C.
Haynes and Boone, L.L.P.
Holland, Johns, Schwartz & Penny, L.L.P.
Hoodenpyle & Lobert, P.C.
Jackson Walker, L.L.P.
Johnston Legal Group, P.C.
Jose, Henry, Brantley, MacLean
& Alvarado, L.L.P.
K & L Gates LLP
Kelly Hart & Hallman LLP
Kirkley & Berryman, LLP
Kobs, Haney & Hundley, LLC
Landrith & Kulesz, L.L.P.
Law, Snakard & Gambill, P.C.
Legal Aid of NorthWest Texas
Linebarger Goggan Blair & Sampson, L.L.P.
Lively & Associates, L.L.P.
Loe, Warren, Rosenfield, Kaitcer, Hibbs, Windsor
& Lawrence, P.C.
McDonald Sanders, P.C.
Mellina & Larson, P.C.
Moses, Palmer & Howell, L.L.P.
Murphy, Mahon, Keffler & Farrier, L.L.P.
Naman Howell Smith & Lee, L.L.P
Padfield & Stout, LLP
Pennington & Hill, LLP
Pope, Hardwicke, Christie, Schell,
Kelly & Ray, L.L.P.
Ross & Matthews, P.C.
Second Court of Appeals
Shannon, Gracey, Ratliff & Miller, L.L.P.
Taylor Olson Adkins Sralla & Elam, LLP
Texas Wesleyan University School of Law
Thompson & Knight, LLP
Wallach & Andrews, P.C.
Watson, Caraway, Midkiff & Luningham, L.L.P.
Weaver Law Firm
Weaver and Tidwell, L.L.P.
Whitaker, Chalk, Swindle & Sawyer, L.L.P.
Whitley Penn, LLP
Wilson, White & Doby, L.L.P.
Winstead PC
Wolf Law Firm, P.C., The
Join the “100 Club” today! Law firms, government agencies, law schools, and corporate legal departments
with 100% of their attorneys (four or more) qualify. If your group has fewer than four attorneys, then people
qualified as an associate or student working for your group can become members, making your group eligible
to join the “100 Club.” The Association is proud of the participation of these law firms and other groups. It
is not too late to join and get your name on this page! For additional information, contact Membership
Director Cindy Rankin at the Bar Offices at 817-338-4092 or e-mail [email protected].
6
March 2010
TCBA Bulletin
LET YOUR CONSCIENCE BE YOUR GUIDE - PART 7
BY J USTICE
Trial Lawyer? Not If You Will Be
a Fact Witness
Before trial, each lawyer should
carefully read Texas Disciplinary Rule
of Professional Conduct 3.08. If a
lawyer was a direct (even if minor)
participant in a transaction that has
become the subject of litigation, then
he should reasonably expect to be
called as a fact witness at trial. There
are only five situations in which the
rules allow a lawyer to be both a
counsel of record and a fact witness at
trial:
(1) the lawyer’s testimony
“relates to an uncontested issue”;
(2) the lawyer’s testimony “will
relate solely to a matter of formality and there is no reason to
believe that substantial evidence
will be offered in opposition to the
testimony”;
(3) the lawyer’s testimony “relates to the nature and value of
legal services rendered in the
case”;
(4) “the lawyer is a party to the
action and is appearing pro se”; or
(5) “the lawyer has promptly
notified opposing counsel that the
lawyer expects to testify in the
matter and disqualification of the
lawyer would work substantial
hardship on the client”
Also, if a lawyer is disqualified
from being both the lawyer and a fact
witness at trial, then the other lawyers
in his office are disqualified from
acting as advocates at that trial, unless
the client gives informed consent.
(Rule 3.08(c).)
Be Truthful (Like You Ask
Witnesses To Be)
Rule 4.01 is the "do not speak with
forked tongue" rule. Lawyers, like
witnesses, are supposed to tell the
truth, the whole truth, and nothing but
the truth. This doesn't mean that
when negotiating an agreement for a
client, a lawyer can't strongly assert
the client's negotiating positions and
strategies. And it doesn’t mean that
the lawyer has to disclose the client's
identity in contract negotiations, if the
client is a seller or buyer who wants
to remain anonymous to the other
TCBA Bulletin
DIXON W. HOLMAN (Retired Senior Judge), 2nd Court of Appeals
party. Doing so is OK, unless keeping the client’s identity secret would
somehow facilitate criminal conduct
or fraud. (See Rule 4.01, Comment 1.)
The rule says that lawyers must not
make false statements of material fact
or law to another party or lawyer.
(Of course, a lawyer’s opinions about
monetary values that are in dispute
are not statements of material fact.)
Never Communicate with an
Opposing Lawyer's Client
If a party has no lawyer, then an
opposing party’s lawyer may communicate directly with that party, as
long as the lawyer clearly tells the
party that he is representing only his
client and no one else. That's why a
lawyer should never imply that he or
she is neutral or simply trying to protect everyone's best interests. Such
situations are covered in Rules 4.02
and 4.03, which impose on all lawyers a duty to learn whether an adverse party has a lawyer. If so, then
the lawyer shouldn’t communicate
directly with the adverse party, and he
shouldn’t encourage anyone else to do
so on behalf of him or his client.
Could Your Opponent Have
Some Rights, Too?
A lawyer should never use, or
threaten to file, criminal or disciplinary charges solely in order to gain
advantage over an opponent in a civil
case. Doing so improperly suggests
that the criminal law or disciplinary
process can be manipulated by private
interests for personal gain. (Rule 4.04,
Comment 2.)
There's an old saying that sometimes "an old shotgun will kick further than it shoots." In the context of
Rule 4.04, it means that if a lawyer
causes needless harm to an opponent
by using, or threatening to use, an
illegal or prohibited technique that has
no substantial purpose other than to
"embarrass, delay, or burden" the opponent, then Rule 4.04 could unleash
a "kick" that may do more damage to
the lawyer than to his opponent.
Heads Up—Even Coaches on the
Sideline Can Get Run Over
Now more than ever, veteran
lawyers in law firms "mentor" less
March 2010
experienced lawyers in
that firm. But "mentoring" is not without
its risks. Rule 5.01
says, "A lawyer shall
be subject to discipline
because of another
lawyer's violation of
these rules of professional conduct if .
. . [t]he lawyer is a partner or supervising lawyer and orders, encourages,
or knowingly permits the conduct
involved."
Both Rules 5.01 and 5.02 recognize that lawyers who supervise other
lawyers have a duty to take all reasonable steps to ensure that the professional conduct of the supervised
lawyers conforms to the disciplinary
rules. This doesn't mean that the
mentor is vicariously responsible for
all of the junior lawyer's professional
conduct, but a supervisor may be held
accountable for the junior's unprofessional conduct about which the
supervisor knew or should have
known. (See Rule 5.01, Comment 5).
This means that mentors should pay
close attention.
Whether one lawyer has direct
supervisory authority over another is a
question of fact. In some cases, a
senior associate has been deemed a
"supervising attorney." (Rule 5.01,
Comment 3.) And the restraint on a
lawyer's supervision of paralegals and
other non-lawyer assistants in the firm
is significantly similar. (See Rule
5.03.)
Pro Hac Vice
A lawyer who sponsors an out-ofstate attorney to be co-counsel in a
Texas lawsuit should read and comply
with Rule XIX of the Rules
Governing Admission to the Bar of
Texas:
(b) The motion of the non-resident
attorney seeking permission to
participate in Texas proceedings
shall be accompanied by motion of
the resident practicing Texas attorney with whom the non-resident
attorney shall be associated in the
proceeding of a particular cause,
which motion shall contain a statement that the resident attorney
continued to page 17
7
F ROM T HE C IVIL S IDE
BY J USTICE
NEW LAWS:
Senate Bill 328, which amends
section 524.012 of the Texas
Transportation Code, requires the
Department of Public Safety to
suspend a person’s driver’s license if
that person, while a minor, failed a
breath or blood alcohol test while
operating a watercraft.
ASK JUDGE BOB:
Judge Bob, what
is the rule of
reimbursement?
“The rule of reimbursement is purely
an equitable one. It
is not an interest in
property or an enforceable debt, per
se, but an equitable right which arises
upon dissolution of the marriage
through death, divorce, or annulment.
An equitable right of reimbursement
arises when the funds or assets of one
estate are used to benefit and enhance
another estate without itself receiving
some benefit. A claim for reimbursement includes payment by one marital
estate of the unsecured liabilities of
another marital estate. The trial court
resolves a claim for reimbursement
by using equitable principles, including the principle that claims for
reimbursement may be offset if the
court determines it to be appropriate.”
Phillips v. Phillips, 296 S.W.3d 656,
664 (Tex. App.—El Paso 2009, pet.
denied) (citations omitted).
ASK THE DANES AGAIN
Cleo and Ramses, if
I report that a dog is
being
treated
cruelly,
what has
to occur
so that the animal is
seized and removed
from the crueltreatment situation? “If a
peace officer or an officer who has
responsibility for animal control in a
county or municipality has reason to
believe that an animal has been or is
being cruelly treated, the officer may
apply to a justice court or magistrate
in the county or to a municipal court
in the municipality in which the
8
animal is located for a warrant to
seize the animal.” Tex. Health &
Safety Code § 821.022(a). Once the
court or magistrate has issued the
warrant, “[t]he officer executing the
warrant shall cause the animal to be
impounded.” § 821.022(c). “Cruelly
treated” is defined as including
“tortured, seriously overworked,
unreasonably abandoned, unreasonably deprived of necessary food, care,
or shelter, cruelly confined, or caused
to fight with another animal.” Tex.
Health & Safety Code § 821.021.
THE DANES’ QUOTE
OF THE MONTH
“In order to really enjoy a dog,
one doesn’t merely try to train him to
be semi-human. The point of it is to
open oneself to the possibility of
becoming partly a dog.”
Edward Hoagland,
“Dogs and the Tug of Life”
ITEMS OF INTEREST
1. Possibility of Reverter
“In contrast to the royalty interest, the
possibility of reverter is a non-taxable
interest.” Pounds v. Jurgens, 296
S.W.3d 100, 109 (Tex. App.—
Houston [14th Dist.] 2009, pet. filed)
(citation omitted).
2. Contract
“[B]ecause the purpose of the legal
system is to combat unlawfulness, not
promote it, we cannot construe a
contract to impose or enforce an
illegal obligation.” Ross v. Union
Carbide Corp., 296 S.W.3d 206, 218
(Tex. App.—Houston [14th Dist.]
2009, pet. filed) (citation omitted).
3. Licensed Professional Counselors
“[A license professional counselor]
may evaluate and treat a mental,
emotional, or behavioral, but not
physical, disorder. Health care
includes the care of mental conditions. Because [licensed professional
counselors] are licensed to treat
mental or emotional conditions that
interfere with mental health, and are
therefore licensed to provide health
care, [licensed professional counselors] are health care providers under
[section 74.001 of the Texas Civil
Practice & Remedies Code].” Mike
Norgaard, LPC v. Pingel, 296 S.W.3d
March 2010
BOB MCCOY, 2nd Court of Appeals
284, 288 (Tex. App.—Fort Worth
2009, no pet. h.) (footnotes omitted).
4. Mandamus
“Mandamus relief is available when
the trial court compels production
beyond the permissible bounds of
discovery. Intrusive discovery
measures—such as ordering direct
access to an opponent’s electronic
storage device—require, at a minimum, that the benefits of the discovery measure outweigh the burden
imposed upon the discovered party.
‘If an appellate court cannot remedy a
trial court’s discovery error, then an
adequate appellate remedy does not
exist.’” In re Weekley Homes, L.P.,
295 S.W.3d 309, 322 (Tex. 2009)
(orig. proceeding) (citations omitted).
5. Expunction
“It is certainly possible that [the
Texas Education Agency] may have
documents or files which pertain to
T.F.G. [who was acquitted on the
charge of indecency with a child],
and the allegations made against him,
separate and apart from the records
and files relating to the criminal
investigation, arrest, and prosecution
of T.F.G for the offense. . . . Based on
our reading of the plain language of
the statute, we believe [that] the
[intent of article 55.01(a) of the Texas
Code of Criminal Procedure] is not to
erase all evidence of the underlying
conduct, but to expunge any evidence
of the criminal investigation, subsequent arrest, and prosecution for that
conduct.” Tex. Educ. Agency v.
T.F.G., 295 S.W.3d 398, 403 (Tex.
App.—Beaumont 2009, no pet. h.)
(citation omitted).
6. Life Estate
“While no particular form of words is
necessary to create a life estate, the
words used must clearly express the
grantor’s intent to create a life estate.”
Fin. Freedom Senior Funding Corp.
v. Horrocks, 294 S.W.3d 749, 755
(Tex. App.—Houston [14th Dist.]
2009, no pet. h.) (citation omitted).
7. Silence
“Silence is equivalent to a false
representation [when] circumstances
impose a duty to speak and one
nevertheless deliberately remains
silent. A duty to speak exists [when]
TCBA Bulletin
the parties to a mediated settlement
agreement have represented to one
another that they have disclosed the
assets known to them . . . . ‘[W]hen
one voluntarily discloses information,
he has a duty to disclose the whole
truth rather than making a partial
disclosure that conveys a false
impression.’” Flood v. Katz, 294
S.W.3d 756, 763 (Tex. App.—Dallas
2009, pet. filed) (citations omitted).
8. Bystander Recovery
“The three-factor bystander recovery
test limits recovery of damages for
mental harm as a bystander to plaintiffs who establish three elements.
First, the plaintiff must show that he
was ‘located near the scene of the
accident, as contrasted with one who
was a distance away from it.’
Second, the plaintiff must show that
he ‘suffered shock as a result of a
direct emotional impact upon the
plaintiff from a sensory and contemporaneous observance of the accident,
as contrasted with learning of the
accident from others after its occurrence.’ Third, the plaintiff must show
that he and the victim ‘were closely
related, as contrasted with an absence
of any relationship or the presence of
only a distant relationship.’ . . . [T]he
bystander elements are ‘flexible’ and
should be evaluated on a case-by-case
basis.” Jones v. City of Houston, 294
S.W.3d 917, 920 (Tex. App.—
Houston [1st Dist.] 2009, pet. filed)
(citations omitted).
9. Dismissal
“‘We review a trial court’s dismissal
of a case upon special exceptions for
failure to state a cause of action as an
issue of law, using a de novo standard
of review.’” Somers ex rel. EGL, Inc.
v. Crane, 295 S.W.3d 5, 10 (Tex.
App.—Houston [1st Dist.] 2009, pet.
denied) (citations omitted).
10. Post-Answer Default Judgment
“[W]hen the evidence is legally
insufficient to support a post-answer
default judgment, the proper disposition is to remand for a new trial.”
Bennett v. McDaniel, 295 S.W.3d
644, 645 (Tex. 2009) (per curiam).
11. Limitations
“Limitations may be addressed by
way of special exceptions or other
preliminary hearing only if it is clear
from the face of the plaintiff’s
pleadings that limitations have run.”
TCBA Bulletin
Chacon v. Andrews Distrib. Co. Ltd.,
295 S.W.3d 715, 721 (Tex. App.—
Corpus Christi 2009, pet. filed)
(citations omitted).
12. Trade Fixtures
“It is now well settled that, as
between a landlord and his tenant, the
term ‘trade fixtures’ refers to and
means such articles as may be annexed to the realty by the tenant to
enable him properly or efficiently to
carry on the trade, profession, or
enterprise contemplated by the
tenancy contract or in which he is
engaged while occupying the premises, and which can be removed
without material or permanent injury
to the freehold. It is also well established that trade fixtures are distinguished from ‘improvements’ and
other types of fixtures (i.e., personal
property affixed to realty). An
improvement includes all additions to
the freehold except for trade fixtures
which can be removed without injury
to the property.’” C.W. 100 Louis
Henna v. El Chico Rests. of Tex., L.P.,
295 S.W.3d 748, 754-55 (Tex. App.—
Austin 2009, no pet. h.) (citations &
internal quotation marks omitted).
13. Arbitration
“A movant seeking to compel arbitration by mandamus must prove the
existence of an arbitration agreement
subject to the [Federal Arbitration
Act]. If the agreement is established,
the court must determine whether it
covers the non-movant’s claims. We
may not substitute our own judgment
for that of the trial court with respect
to matters within the trial court’s
discretion. The relator must establish
that the trial court could have reasonably reached only one decision.
Unless the trial court’s decision is
arbitrary and unreasonable, we will
not disturb it.” In re Datamark, Inc.,
296 S.W.3d 614, 616 (Tex. App.—El
Paso 2009, orig. proceeding)
(citations omitted).
14. Collateral Agreement
“Parol evidence may be admissible to
show collateral, contemporaneous
agreements that are consistent with
the underlying agreement. But this
exception does not permit parol evidence that varies or contradicts either
the express terms or the implied terms
of the written agreement. A collateral
agreement is one [that] the parties
March 2010
might naturally make separately, i.e.,
one not ordinarily expected to be
embodied in, or integrated with the
written agreement and not so clearly
connected with the principal
transaction as to be part and parcel of
it.” Adams v. McFadden, 296 S.W.3d
743, 752 (Tex. App.—El Paso 2009,
pet. filed) (citations omitted).
15. Texas Rule of Civil
Procedure 21a
“[I]f a document is served by fax on a
Saturday or Sunday before 5:00 p.m.,
the recipient’s time to respond would
begin to run even though the recipient
might not see the fax until the
following Monday (assuming [that] it
is not a holiday).” Amaya v.
Enriquez, 296 S.W.3d 781, 784 (Tex.
App.—El Paso 2009, pet. denied).
16. Mistake
“Mistake is an affirmative defense
that is waived if not pleaded.” In re
J.P., 296 S.W.3d 830, 837 (Tex.
App.—Fort Worth 2009, no pet. h.)
(citations omitted).
LEGAL QUOTE OF THE
MONTH (FROM A TIME WHEN
LAWYERS HAD THE TIME TO
PLEAD ARTFULLY)
“That the said Dockery is an old and
trusted employee, a man of over 60
winters, with snow in his hair, but
with summer in his heart; that the
faint odor of Hoyt’s perfume touched
his delicate nostrils and the full red
painted lips of this modern Aphrodite
brought back youthful dreams to his
aging head, although the season was
fall time, the sap began to rise in his
erotic soul as in romantic springtime
of yore.” Beatty v. Missouri, No.
18338 (McLennan Co., circa 1935).
[Thanks to Wayne Rohne for this item.]
OLD NEWS
Over 150 years ago, Fort Worth was
established. Named for Major
General William Jenkins Worth, who
replaced Major General David
Twiggs, the fort was manned by
Company F of the Second Regiment
of Dragoons. General Worth died
from Asiatic cholera in San Antonio
shortly before the fort was founded
and never saw the fort at its site. The
original site was on the bank of the
Trinity River, but it was moved to the
site approximately where the Tarrant
County Courthouse is today. The fort
closed on September 17, 1853.
9
SPOTLIGHT ON DIVERSIT Y
Salam H.
David,
Attorney
The Diversity Committee is committed to the inclusion of all
people in the legal profession. Through its projects, it strives to
enhance employment and economic opportunities for all
minority and women attorneys and to promote the involvement
of minorities and women in the Tarrant County Bar Association.
One of the diverse members of our Bar will be spotlighted each
month.
If you know of someone who would make a great
subject, please contact the chair of the Diversity Committee,
Patti Gearhart Turner, at [email protected].
Salam H. David
What is my philosophy about
practicing law?
My philosophy for practicing law is
first and foremost to meet the needs of
my clients with integrity, competence,
and compassion. As a foreign national working in immigration law, I know
and have personally experienced the
road that lies ahead for my clients.
Since immigration applications take
years to be processed, clients tend to
lose hope in their dreams of becoming
citizens. For this reason, my daily
commitment is to ensure my clients
remain in full compliance with the
immigration laws during the long
immigration process and do not give
up in the face of the daily cultural and
legal challenges. The most rewarding
part of practicing immigration law, for
me, is helping my clients to become
permanent residents and proud U.S.
citizens.
How does your life experience
influence your practice?
My background as a foreign nation-
al in conjunction with my experience
as an immigration attorney gives me
the unique ability to relate to my
clients and their struggles—struggles
ranging from legal to cultural to
language issues. Understanding what
it is like to come to this country and
assimilate the language and culture
allows me to share life lessons to
make their assimilation easier. My
job becomes more than paperwork
and deadlines; it transpires into
helping my clients integrate into this
country while maintaining their
cultural identities, a process I
undertook myself over a decade ago.
What is your best advice to a new
attorney?
I encourage new attorneys to pursue their true passion. Realistically, it
may not be possible to find a dream
job the day after law school ends.
However, as soon as life gives you the
opportunity to join a law practice you
truly enjoy in a field you are passionate about, you should consider changing, even if it is less lucrative. You are
more likely to succeed in your career,
and more importantly enjoy your
career, when you approach each day
with enthusiasm.
Background Information
I was born in Lebanon and lived
through twelve years of the civil war
before moving in 1988 to the United
States. After moving to the U.S., I
attended Judson College in Marion,
Alabama. There I received a B.A.
with a major in History and Political
Science. I continued my education at
the Cumberland School of Law in
Birmingham, Alabama and earned my
JD in 1994. My legal career started
with a position at International Paper
in Memphis, Tennessee, practicing
business immigration law. After working in corporate immigration law for
five years, I became a United States
citizen in 2003. During the same year,
I entered the private sector and worked with the immigration law firm of
Siskind Susser there in Memphis.
Currently, I do consulting work for
local Texas employers.
L UNCH- N-L EARN
A P R I L 9, 2010
NOON
Tarrant County Bar Center
1315 Calhoun Street
FREE
TO
TCBA MEMBERS
DOOR PRIZES
FREE LUNCH
“L ATEST T RENDS IN L EGAL R ESEARCH
AND P UBLIC R ECORDS ”
1.0 CLE ( FREE)
10
March 2010
TCBA Bulletin
THE IP DOMAIN: IT’S A JUNGLE OUT THERE –
AMAZON SETTLES KINDLE LAWSUIT
BY David Drez and Josh Borsellino, Haynes and Boone, LLP
Amazon’s new
electronic reading
device, the Kindle, has
become a hot ticket
item and was one of the
most sought-after holiday gifts in 2009. The
same revolutionary technology that has made it so popular is
also giving rise to novel legal questions, as evidenced by a class action
lawsuit Amazon recently faced in
federal court in Seattle, Washington.
The Kindle, which was launched
by Amazon in November 2008
(second- and third-generation devices
were released in February and June
2009), is a portable reading device
described by Amazon as “a revolutionary new display technology.”
While Amazon has kept its sales numbers quiet, it is estimated that almost
one million units have been sold to
date and that the Kindle (and the sales
from downloaded e-books) will generate $1.2 billion for Amazon this year.
Often described as the iPod for
readers, the Kindle allows its owners
to purchase via wireless download
books, magazines, and newspapers.
Kindle users make such purchases
through an online e-bookstore known
as the “Kindle Store.” The Kindle
also allows its users to highlight and
annotate the text of the e-books that
they purchase. The Kindle uses the
same 3G network as advanced cell
phones, and it can download content
using its own wireless delivery system. This same technology allows
Amazon to synchronize books between devices or even delete books
that have been purchased from the
devices. Kindle owners must sign a
“License Agreement and Terms of
Use,” which includes the following
provision:
3. Digital Content
Use of Digital Content. Upon your
payment of the applicable fees set by
Amazon, Amazon grants you the nonexclusive right to keep a permanent
copy of the applicable Digital Content
and to view, use, and display such
Digital Content an unlimited number
of times, solely on the Device or as
authorized by Amazon as a part of the
Service and solely for your personal,
non-commerical use. Digital Content
will be deemed licensed to you by
Amazon under this Agreement unless
otherwise expressly provided by
Amazon.
The lawsuit, styled Gawronski, et
al. v. Amazon.com, Inc. and Amazon
Digital Services, Inc., was filed in
August 2009 in the Western District of
Washington in Seattle. The plaintiff
alleged that Amazon violated the
device's terms of use when it remotely
deleted certain e-books from the
Kindle devices of readers who had
bought the books.
Amazon deleted the books after it
learned that they were added to the
Kindle Store by a company that did
not have rights to the books. Ironically, the books that were remotely
deleted included George Orwell’s
“1984” and “Animal Farm.” An
Amazon spokesman, Drew Herdener,
explained the deletions in an e-mail to
the New York Times, “[w]hen we
were notified of this by the rights
holder, we removed the illegal copies
from our systems and from customers’
devices, and refunded customers.”
Mr. Herdener said that such deletions
would not happen again—“[w]e are
changing our systems so that in the
future we will not remove books from
customers’ devices in these
circumstances.”
Upon learning that it had sold
books added to the Kindle Store by a
LIBRARY
ACQUISITIONS
JANUARY 2010
Books:
s Disabilities and the Law, 4th ed.; West
s Legal Malpractice, 2010 ed.; West
TCBA Bulletin
company that did not
have rights to the
books, Amazon faced a
series of decisions. If it
continued to sell the
books through its
Kindle Store, it faced
significant copyright
infringement exposure, and thus
discontinuing the sale of the books
was the easy part. It then had to
decide what to do with the pirated
books that had already been purchased. It elected to remotely erase the
books from the Kindles of users who
had already purchased them. When it
did so, it also deleted the users’ annotations. These deletions are problematic, as Amazon erased original
content created by the users. Arguably, the deletions could give rise to
legal claims against Amazon under
traditional common law causes of
action, such as trespass, conversion,
and misappropriation.
The case ultimately settled and was
dismissed in September of last year.
According to the Stipulation of Settlement, Amazon agreed not to remotely
delete e-books with a few limited
exceptions and to pay the plaintiffs’
counsel $150,000, a “portion” of
which would be donated to a charitable organization that promotes “literacy, children’s issues, secondary or
post-secondary education, health or
job placement.” The settlement was
presumably reached because, in light
of Amazon’s refunds, even if the
plaintiffs were successful, they faced
the prospect of recovering little or no
damages. However, this is not the last
we have heard of the novel legal
issues left unanswered by this suit,
which will certainly arise again as the
technology of the Kindle and other,
similar devices becomes more
prevalent.
s O’Connor’s Federal Rules Civil Trials, 2010; Jones
McClure
s Texas Consumer Law Handbook, 2010 (Texas Practice
Series: v. 28A); West
s Texas Freedom of Information Handbook, 5th ed.;
FOIFT
s Texas Pharmacy Laws and Regulations, 2010 ed.;
LexisNexis
March 2010
11
12
March 2010
TCBA Bulletin
Barbara
Armstrong
F AMILY L AW M EDIATIONS
AND
Tel
L ITIGATION
817-877-5995
Fax 817-877-5989
TAX-FREE INCOME
FOR YOUR RETIREMENT
Tax-free income is the best gift you can give yourself at
retirement. Converting to a Roth IRA from a traditional
IRA allows for tax-free accumulation as well as tax-free
withdrawals in retirement – which means you don’t have
to worry as much about what income tax rates will be in
the future.
Celebrating 20 years,
A Tradition of Excellence.
Thursday, April 15, 2010 and
Friday, April 16, 2010:
There are tax considerations and other factors that
determine whether converting to a Roth IRA is right
for you. And changes set for 2010 will eliminate the
$100,000 modified adjusted gross income (MAGI)
limit, which means anyone can convert to a Roth IRA.
Two Day CLE and Symposium hosted by
Texas Wesleyan Law Review
Call today to schedule an appointment to learn more.
We’ll discuss your retirement goals to help determine if a Roth IRA makes sense for you.
Third Annual Chief Justice Joe Greenhill
Golf Tournament
Location: Law School
Friday, April 16, 2010:
Location: Cowboys Golf Club,
Grapevine, Texas
Edward Jones, its employees and financial advisors do not provide tax or legal advice.
Please contact a qualified tax or legal professional regarding your particular situation.
Saturday, April 17, 2010:
Robert J Holman
Alumni Association Community Crawfish
and Shrimp Boil
Financial Advisor
.
3426 S University Dr
Ft Worth, TX 76109
817-922-8934
Location: Law School Parking Lot
www.edwardjones.com
Member SIPC
A LU M N I W E E K E N D - A P R I L 15 - 17
For more event information,
visit http://alumni.law.txwes.edu
TCBA Bulletin
March 2010
13
Jenkins Garrett died at his home late on Wednesday, January 27, 2010, at the age of 95. He was born in
Caldwell, Texas, on December 14, 1914. He was the
youngest child of Jesse and Sudie Garrett. Mr. Garrett
attended the University of Texas as an undergraduate
and graduated from UT law school in 1937. After
graduating from UT, Mr. Garrett went on to study law at
Harvard University under Supreme Court Justice Felix
Frankfurter. During World War II, when colorblindness
caused him to fail a military physical, Mr. Garrett joined
the FBI and served for several years on the West Coast.
After the war, the Garretts eventually made their way
back to Fort Worth, where Mr. Garrett became general
counsel for the Leonard brothers. Mr. Garrett left the
Leonards in 1965 to form his own law firm but continued to advise the family until recent years. Before his
retirement, Mr. Garrett practiced law with the firm of
Harris, Finley & Bogle.
I N M EMORIAM
J ENKINS G ARRETT
In 1941, Mr. Garrett served as
president of the Fort WorthTarrant County Young Lawyers
Association, and in 1988, he was
a recipient of the Blackstone
Award, TCBA’s most prestigious
award. Since college, he had a
lifelong passion for history. Mr. Garrett became an avid
collector of Texas history pieces. In 1973, the Garrett
Collection of over 10,000 pieces was formally donated
to UT-Arlington. Today, the collection is open to the
public on the sixth floor of the library.
A longtime advocate for education, Mr. Garrett also
served on the boards of Southwestern seminary and the
Tarrant County Junior College district. He was appointed in 1963 to the governor’s committee on education
beyond high school. In 1966, Mr. Garrett began a sixEMBER
ENEFITS
year term on the board of regents for the University of
ENDOR
IST
Texas System.
TCBA members may take advantage of discounts
Dee Kelly said Mr. Garrett was a legal giant. "He
provided by the following vendors:
was a pillar of the legal community for years and years,
AMO Office Supply offers TCBA members the lowest
admired and respected by all." Mr. Garrett will be
price guaranteed on all office supplies, with next-day
missed by his family and friends.
delivery and free shipping! Call 800-420-6421.
AT&T Mobile Phone Service offers members a discount
on all purchased mobile-phone equipment, as well as an 8%
discount on its monthly service. This applies to new and
current AT&T customers. Email [email protected].
Bank of America Credit Card offers members the Platinum
Plus Mastercard credit card with WorldPoints rewards and
no annual fee. Contact the TCBA for more information.
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. Call
817-577-0572 for a quote.
LexisNexis offers members discounted rates on all
services. It is no longer just legal-research solutions--now it
offers client-development and litigation, as well as practicemanagement services and tools. Call John Doyen at 800344-3730 Ext 1236.
PREFERRED VENDORS LIST
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.
Technical Excellence, LLC, offers members a discount
on computer and network services, computer hardware and
software, recycling old computers, and web design. 817939-1432.
For Shredding and Document Disposal:
TCBA uses Magic Shred. It is a secure shredding business
that shreds your documents on-site. Magic Shred offers a
10% discount to TCBA members. 940-783-6580.
TCBA M
V
14
B
L
-
March 2010
TCBA Bulletin
Annual Meeting is Back in Town!
June 10-11, 2010
So Save the Date and Make Plans to Join Us!
DON’T MISS THESE FEATURED EVENTS
Bench Bar Breakfast, featuring former Congressman
and U.S. Secretary of the Army Pete Geren
— co-sponsored by the Judicial Section
and the Litigation Section
Legal Innovation Track — The Adaptable Lawyer
featuring legal technology expert Richard Susskind,
author of The End of Lawyers? Rethinking the
Nature of Legal Services
General Session Luncheon — A Conversation
on Media and the Law, featuring popular legal
analysts Roger Cossack and Jeffrey Toobin
— sponsored by the Litigation Section
FORT WORTH CONVENTION CENTER
Two Days of Quality CLE
for One Low Price!
Register Online Now:
www.texasbar.com/annualmeeting
Program highlights updated weekly.
TCBA Bulletin
March 2010
15
The Texas Wesleyan School
of Law Alumni Association
presents the
Third Annual Chief Justice Joe
Greenhill Golf Tournament
Friday, April 16, 2010, at
1600 Fairway Drive
Grapevine, Texas 76051
Proshop:
817-481-7277
Registration at noon, lunch at 12:30 and shotgun start at 1:30
G OLF T OURNAMENT S PONSORS
Cr uz-Br uno
Ro c h a Andresen,
LLP
For sponsorship information, contact Craig Woodcook at 817-877-5700 or [email protected].
For player registration, contact Delia Cruz-Bruno, Golf Committee Chair at 817-328-1590 or
[email protected].
16
March 2010
TCBA Bulletin
LL E I GN A EL
Tarrant Mediation Center
“Let us put our gray hair to work for you”
TCBA SALUTES OUR VOLUNTEERS,
THE REAL STARS OF LEGALLINE
Scheduling Mediations Daily
www.tarrantmediations.com
q
J. Kevin Clark
Attorney-Mediator
*Denotes Staff Volunteer
Civil and Family Law
Mediations Available
q
Full or half-day at
competitive rates.
q
Experienced mediators
and a comfortable
setting in a convenient
location.
q
Complimentary parking
Ed Winfrey
Attorney - Mediator
5608 Malvey Avenue, Suite 301
Fort Worth, TX 76107
817-348-6723
Fax: 817-377-9893
January 14, 2010
January 28, 2010
Joe Colvin
Mike Hrabal
Nadia Gilkes
Jim Graham
Cynthia Maragoudakis
Joy NeSmith
Cynthia Phillips
Marilyn Shell
Joe Colvin
Stephen Geis
Jim Gordon
Jeff Kinsel
George Lockwood
James Saint
Brian Walker
*Carolina Ibarra
*Carolina Ibarra
To volunteer for LegalLine, call Carolina Ibarra at
817.338.4092 or email [email protected]
fÑxv|tÄ g{tÇ~á
to Johnston Legal Group, P.C. (1/14/2010)
and to Tarrant County Bar Association
(1/28/2010) for donations covering the costs of a
light dinner for our LegalLine volunteers.
LAWYER REFERRAL & INFORMATION SERVICE
The TCBA LRIS is certified as a
Lawyer Referral Service as required
by the State of Texas under Chapter
952, Occupations Code, Certificate
No. 9309. It is one of only four
referral services in Texas that meet
the standards of the ABA Model
Rules.
Attorneys participating in the
Service agree to provide an initial
consultation of up to 30 minutes for a
817-336-4101
$20 fee. This fee will be waived if the
case is handled as a contingency
matter. Any fees beyond the initial
consultation will be agreed upon
between the potential client and the
attorney. Referrals are made on a
rotational basis.
Renewal packages for current
LRIS members are available. A copy
of the professional-liability-insurance
declaration sheet must be provided.
You may list six areas of law with the
LRIS membership fee, and additional
categories can be listed for an
additional fee of $25 each.
New members may request that a
LRIS application/contract be mailed
to you. Contact LRIS at 817-3384092 or lris@tarrantbar. org, or stop
by the office for an application packet.
This service is certified as a lawyer referral service, as required by the State of
Texas under Article 320d, Revised Statutes, and is approved by the ABA.
continued from page 7
finds the Applicant to be a reputable
attorney and recommends that the
Applicant be granted permission to
participate in the particular proceeding before the court.
The Texas lawyer will be the outof-state lawyer's sponsor in Texas for
the life of the lawsuit, and any unprofessional conduct by the out-of-state
lawyer in connection with the suit
may result in grievance proceedings
TCBA Bulletin
against both that lawyer and the Texas
lawyer.
Conclusion: The Texas
Lawyer's Creed
I close this series of columns with
the preamble to the Texas Lawyer's
Creed:
I am a lawyer. I am entrusted
by the People of Texas to preserve
and improve our legal system. I am
licensed by the Supreme Court of
March 2010
Texas. I must therefore abide by
the Texas Disciplinary Rules of
Professional Conduct, but I know
that professionalism requires more
than merely avoiding the violation
of laws and rules. I am committed
to this Creed for no other reason
than it is right.
Or, as Johnny & Jack might say,
"You Can Go or You Can Stay—
Let Your Conscience Be Your
Guide."
17
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of North Texas, Inc.
www.drsnorthtexas.org
4304 Airport Freeway,
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817-877-4554
817-877-4557 fax
Mediation Services
Mediation Training
DRS offers training courses
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MARK YOUR CALENDARS
A PRIL 1, 2010 - A NNUAL B LOOD D RIVE AT
T ARRANT C OUNTY B AR C ENTER
A PRIL 23-25, 2010 - B ENCH B AR C ONFERENCE
L AKEWAY R ESORT , A USTIN
M AY 4, 2010 - L AW D AY D INNER
AT THE
AT
F ORT W ORTH C LUB
J UNE 10-11, 2010 - S TATE B AR OF T EXAS A NNUAL M EETING
AT THE
O MNI H OTEL , F ORT W ORTH
O THER A SSOCIATIONS ’ N EWS & I NFORMATION
FW-TCYLA 2009-2010 Bar Year began on September 1, 2009. If you need
an application or meeting information,
call 817-338-4092, e-mail cindy@tarrant
bar.org, or go to the website at tcyla.org.
Spring Fiesta April 22, 2010
MABA (Mexican American Bar
Association) meets on the last Thursday of
each month at Anthony’s Place, 2400
Meacham Blvd., Fort Worth, 76106. For
more information, contact President Eloy
Sepulveda at 817-332-1285.
Tarrant
County
Black
Bar
Association meets on the 3rd Tuesday of
18
each month at 6:00 p.m. For more information, contact President Brian Salvant or
e-mail [email protected].
Tarrant County Criminal Defense
Lawyers Association (TCCDLA) meets
every 2nd Thursday at Joe T. Garcia's
Restaurant, 2201 N. Commerce Street.
For more information, contact President
Stephanie Patten at 817-348-0925 or
[email protected].
Tarrant County Trial Lawyers
Association meets on the 4th Wednesday
of each month at Joe T. Garcia’s
Restaurant.
For more information,
March 2010
contact Darrell Keith at 817-338-1400 or
e-mail [email protected].
Tarrant County Family Law Bar
Association meets on the last Tuesday of
each month. For more information, contact President Laurie Robinson at 817419-0023 or email [email protected].
Northeast Tarrant County Bar
Association (NETCBA) meets for CLE
luncheons on the 3rd Tuesday of each
month at LaHacienda Restaurant, Hwy.
121. Contact President Kate Smith at
817-479-0562 or [email protected].
TCBA Bulletin
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To make reservations for any of these events, contact Sherry Jones at 817-338-4092 or [email protected].
Visit www.tarrantbar.org for more upcoming events.
March 2010
WEDNESDAY, March 3
Noon
Corporate Counsel Section Luncheon
4:30pm
Tarrant County Bar Center, $17 members; $20 guests
THURSDAY, March 4
9:00 am to Third Annual All-Star CLE Program
4:30 pm
“Responding to Troubled Economic Times:
Emerging Legal Issues and Trends”
Tarrant County Bar Center, $125 includes lunch
5:30pm
Women Attorneys Section Fashion Show
at Neimans -- RSVP to [email protected].
FRIDAY, March 5
11:45am
Women Attorneys Section Luncheon
Omni American/University-details in email notice
SATURDAY, March 6
8:30am
People’s Law School
to Noon
Texas Wesleyan School of Law
MONDAY, March 8
5:00pm
TCBA Board Meeting, TCBA offices
THURSDAY, March 11
5-7pm
Docket Call Social co-hosted w/FW-TC YLA
The Vault Restaurant - 525 Taylor Street, F.W.
6-8pm
LegalLine - TCBA office; light dinner
MONDAY, March 22
Noon
Bankruptcy Section Luncheon
Petroleum Club, $20 members; $22 guests
TUESDAY, March 23
Noon
Real Estate Section Luncheon--Tarrant County
Bar Center, $20 members; $22 guests
Solo & Small Firm Section Reception
Tarrant County Bar Center
WEDNESDAY, March 24
Noon
Tax & Estate Planning Section Luncheon
Petroleum Club, $20 members; $22 guests
THURSDAY, March 25
5:30pm
FW Business & Estate Section Dinner
Petroleum Club-free, Section members; $30 guests
6-8pm
LegalLine - TCBA office; light dinner
FRIDAY, March 26
12:30Brown Bag Seminar - Elder Law: Answers that
4:15pm
Age Well - Tarrant County Bar Center
MONDAY, March 29
8:15am“A Continuing Legal Education Seminar”
5:00pm
Court Staff and Legal Support Staff (Attorneys
are welcome too!) - Tarrant County Bar Center
$75 for staff; $125 for attorneys
TUESDAY, March 30
11:30amContinuation of CLE Seminar to 5:00pm
5:30pm
Court Staff Appreciation Reception
Tarrant County Bar Center
1-4pm
Last Tuesday CLE - Ethics -- TCBA Office
$80 members; $105 non-members
WEDNESDAY, March 31
Noon
Transitional Practice Mentor Program
Tarrant County Bar Center
Contact Cindy Rankin at [email protected]
April 2010
THURSDAY, April 1
9am-4pm
Annual Blood Drive
Tarrant County Bar Center
11:45am
Energy Law Section Luncheon
Petroleum Club, $20 members; $22 guests
FRIDAY, April 2
Bar offices closed for Good Friday
WEDNESDAY, April 7
7:30am
Tax & Estate Planning Section Breakfast
Petroleum Club Sponsored by First Financial
Asset Management
Noon
Corporate Counsel Section Luncheon
Tarrant County Bar Center, $17 members; $20 guests
THURSDAY, April 8
6-8pm
LegalLine - TCBA office; light dinner
FRIDAY, April 9
11:45am
Women Attorneys Section Luncheon
Omni American/University-details in email notice
Noon
LexisNexis Lunch-n-Learn
Tarrant County Bar Center - Free to Members
Door Prizes, Free Lunch
MONDAY, April 12
5:00pm
TCBA Board Meeting, TCBA offices
TCBA Bulletin
TUESDAY, April 13
11:30am
CLE Membership Luncheon, Fort Worth Club
Speaker: Former Justice Dixon Holman
Texas Lawyer’s Creed IV - “Lawyer to Judge”
Celebrating 50-year Lawyers
$22 members; $25 guests/walk-ins
MONDAY, April 19
Noon
Bankruptcy Section Luncheon
Petroleum Club, $20 members; $22 guests
TUESDAY, April 20
Noon
Labor & Employment Law Section Luncheon
Petroleum Club, $20 members; $22 guests
THURSDAY, April 22
5:30pm
FW-TC YLA Spring Fiesta - Joe T’s
6-8pm
LegalLine - TCBA office; light dinner
FRIDAY, SATURDAY & SUNDAY, April 23-25
Lakeway Resort & Spa, Austin
Friday, 11am Check-in/registration - look for brochure in the
mail; registration deadline March 16, 2010
TUESDAY, April 27
1-4pm
Last Tuesday CLE - Ethics -- TCBA Office
$80 members; $105 non-members
4:30pm
Solo & Small Firm Section Reception Tarrant County Bar Center
March 2010
19
MIKE HRABAL
Accepting referrals in:
• Complex Civil Litigation
• Fair Debt Collection Defense
• Debt Collection
• Bankruptcy
Board Certified Civil Trial Law & Personal Injury Trial Law,
Texas Board of Legal Specialization
2501 Parkview, Suite 123, Fort Worth 76102
817/335-3200 • www.LawTexas.com
V O L U N T E E R S N E E D E D !!
The State of Bar of Texas is starting,
with its 2010-2011 term, a program
called
Texas Lawyers for Texas Veterans.
This is program being launched by
the President-Elect Terry Tottenham.
If you want more information, contact Trisha
at [email protected].
20
March 2010
TCBA Bulletin
L ANew
WMembers
YERS
LAWYERS
on the move & in the news
PATRICIA B. COLE has been named as a shareholder at
Decker, Jones, McMackin, McClane, Hall & Bates. Ms.
Cole offices at 801 Cherry Street, Suite 2000, Fort Worth,
telephone 817-336-2400 & email [email protected].
HAL RAY, a partner at Pope, Hardwicke, Christie,
Schell, Kelly & Ray, LLP, was elected to membership in
the American Law Institute.
JOHN DAVID MILKS, formerly of Palmer & Manuel,
LLP in Dallas, has joined the Law Firm of Jim Bearden &
Associates, PLLC, located at 2404 Roosevelt Drive,
Arlington 76016, telephone 817-261-5297.
LEWIS D. SCHWARTZ, formerly a partner in Holland,
Johns, Schwartz & Penny, LLP, announces that he has
become of counsel to Bruner & Pappas, LLP located at
3700 West Seventh Street, Fort Worth 76107; telephone
817-332-6633; and email [email protected].
NAMAN, HOWELL, SMITH & LEE, PLLC announces
the firm has moved, effective March 1, to 405 Fort Worth
Club Building, 306 West 7th Street, Fort Worth 76102.
Telephone numbers and email addresses will remain the
same.
Jackson Walker is pleased to announce that SUSAN
HALSEY has been named Managing Partner of the firm’s
Fort Worth office located at 301 Commerce Street, Suite
2400, telephone 817-334-7200.
Attorney Members
Debra Atchison
Thomas A Bleich
Eugene L. Buss
Kimberly Collier
Bryan T. Davis
Monique Gibson
Kathryn E. Elliott
Valery Ingley
Jessica Hall Janicek
Evelyn Clare Russell
Elizabeth Johnston Smid
Frances A. Smith
Joel C. Smith
Wytaine E. Smith
Jordan E. Watson
Student Members
Jason Amon
Jennifer Sheetz
LAW OFFICE OF JASON MILLS
Board Certified Immigration and
Nationality Law
Texas Board of Legal Specialization
First Board Certified Immigration
Attorney in Fort Worth
Immigration Cases Removal Defense
Business and Family Visas
Citizenship
Consular Processing
800 West Weatherford Street
817-335-0220
Fort Worth, Texas 76102
Fax:
817-335-0240
[email protected]
TCBA Bulletin
March 2010
21
CLASSIFIED
ADVERTISING
EMPLOYMENT OPPORTUNITIES
OFFICE SPACE FOR LEASE
FORT WORTH -
B ANKRUPTCY OR B USINESS /C ORPORATE ATTORNEY
sought by Naman, Howell, Smith & Lee. We have 54
lawyers in four offices in cities along I-35, including
Austin, Fort Worth, and Waco. We are seeking to
expand the practice in our Fort Worth office. Prefer at
least five years experience and portable business.
Compensation is negotiable. Send inquiries and
resumes to [email protected].
2 OFFICE SPACES available for rent in law office – Newly
renovated office building located just South of Downtown
at 306 W. Broadway Avenue, Fort Worth (across from
Broadway Baptist Church). Space is available furnished
or unfurnished and includes phone & fax, internet,
private-gated parking, security system, 2 conference
rooms/ library, copy room, and kitchen. One office is
13.5’ x 11.7’ the other office is 15.7’ x 10.9’. Contact
Rosie @ 817-332-8505 or [email protected].
FORT WORTH NOT-FOR-PROFIT ASSOCIATION is
seeking an attorney who has practiced for at least five
years and has significant experience in probate, real estate
and administrative law. Excellent In-House opportunity
with competitive salary and benefit package. Respond
confidentially by email to [email protected].
1,500 SF LAW OFFICE great location, just outside
downtown, close to Courthouses, free parking,
$1,500/month includes utilities. Contact Mark at 817294-1900 or [email protected].
LITIGATION ATTORNEY – AV-rated firm in downtown
Fort Worth is seeking an associate with one to two years
experience as litigator with excellent writing, research,
and analytical skills, and a strong work ethic, to assist in
busy civil litigation/insurance defense practice. Team
player and good academics essential. Please fax resume
to Administrator 817-332-5054, or email to
[email protected].
S ERVICES
Raúl Cáñez for assistance with your immigration issues
in English or Spanish.
Raúl Cáñez para ayuda con sus asuntos sobre la
inmigración en español o inglés.
[email protected] 817-886-0651
Classified Ad Rates
C ORNER
OFFICE ,
ATTRACTIVELY
DESIGNED ,
overlooking Main Street in Sundance Square – personal
secretarial area; common library; conference room;
kitchen; access to Westlaw, DSL, copier, fax. Within five
blocks of all county courthouses. 817.334.0200.
EXECUTIVE SUITES EXCLUSIVELY FOR ATTORNEYS.
Receptionist, conference room, telephone system,
parking, etc. One block from Family Law Center. 400 E.
Weatherford. Call 817-336-4451 or come by.
O FFICE S UITES -- Office Space, Adjacent Civil Criminal - Family Courts. Fax - Xerox - Conference
Rooms - Kitchen. 111 N. Houston or Wells Fargo North
Main. Call 817-429-2000 - Dale.
PACKAGE DEAL FOR ATTORNEY: Executive Office (270
sq ft) furnished with high-end furniture, phone system,
internet, and copier/fax/scan/print/emailer. Renovated
building in I-30 corridor, minutes from downtown Fort
Worth. Competitive price can include Lexis and sharing
of assistant. Allen at (817) 744-7808.
Members only: The first 15 words are $25 plus $1
per word thereafter for the Bar Bulletin. The same
text to the website classifieds, which gets over 5,000
hits per month, is $15 per month. For a complete
quote, contact Pat at email [email protected].
S PACE FOR RENT IN LAW OFFICE - 10’ x 17.75’, I-30 &
Beach Street, furnished or unfurnished, asking
$575/month (including internet), call 817-338-0608 or
email [email protected] for more info &
pictures.
Address Labels Available
B EDFORD . Office Sharing - Furnished, corner office.
Copier, fax, internet access, conference room. 817-2829050. Todd Duncan.
Have you moved? Do you want to send an
announcement? Purchase membership mailing
labels for professional announcements, change of
addresses, etc. For more information, contact the
Bar offices at (817) 338-4092 or email
[email protected].
22
March 2010
TCBA Bulletin
E
ER
200 W
W.. Exchange Ave.
Ave.
v
Fort W
Worth,
orth, Texas
Texas 76106
Phone: 817-377-4800
Fax: 817-377-4821
www.ftwmediation.com
www
w..ftwmediation.com
T
F
M
D
H
WOR
RT
T
O
IA
TI O N C E N
Featuring:
Mediation & Arbitr
Arbitration
bitrration
a
services
Trey
Gordon
and
W.
by T
rrey Gor
rd
don an
nd John
John
o
W. Hughes
The Center is located in the
Fort W
Worth
orth Stockyards National Historic District.
Please visit our website to view the most
unique & historical mediation facility in T
Texas.
exas.
Conference rooms are available for
legal or business meetings for a reasonable fee.
For assistance in scheduling your next mediation with
Trey
T
rey Gordon or John W
W.. Hughes, please call
817-377-4800.
Or e-mail us at:
rrey Gor
rd
don)
[email protected] (for T
Trey
Gordon)
[email protected] (for JJohn
o
ohn W
W.. Hughes)
Mediate Befor
Before
re You
You
o Litigate
S PA C E
IN
B A R C E N T E R AVA I L A B L E
FOR RENT
Not enough room for a large mediation, arbitration, or
deposition? Remember the Tarrant County Bar Center!!
With over 3,000 square feet in the Bar Center, it offers
a great forum for large meetings and seminars. The Center
can be divided into three sections for mediations and
arbitrations, or use just one section for your smaller
meetings, luncheons, or study groups.
Also available for rent is the large Board room or a
small conference room.
For information, contact Pat
Leake at 817-338-4092 or [email protected].
TCBA Bulletin
©
March 2010
SOLD
JSB 1/4 page
23
BAR BULLETIN
TARRANT COUNTY BAR ASSOCIATION
1315 CALHOUN STREET
FORT WORTH, TEXAS 76102-6504
ADDRESS SERVICE REQUESTED
PRESORTED
STANDARD
U. S. POSTAGE PAID
FORT WORTH, TX
PERMIT 1807
If any of your contact information is incorrect, please submit your
corrected information to the TCBA office at (817) 338-4092, fax to (817)
335-9238 or e-mail to [email protected].