Dallas Bar Association
HEADNOTES October 2009 Volume 33 Number 10
Florentino Ramirez Selected for Professionalism Award by Vincent J. Allen
D
escribed by his opponents as the “consummate professional,” it is no surprise that veteran Dallas attorney, Florentino “Tino” Ramirez. has been selected as the 11th recipient of the Morris Harrell Professionalism Award. The award will be presented Friday, November 6, at the Dallas Bar Association’s Annual Meeting at the Belo Mansion. The award is given annually to an attorney who “best exemplifies, by conduct and character, truly professional traits who others seek to emulate and who all in the bar admire…a lawyer who is well respected by his or her peers and makes them proud of the profession.” There is no question that Ramirez has demonstrated these traits throughout his 44-year career as an attorney. “Tino Ramirez truly exemplifies what it means to reach the pinnacle of a career through hard-work and a strong character,” said DBA President Christina Melton Crain. “Always a zealous advocate for his clients and a trusted counselor, he consistently reflects graciousness. Beyond merely being an example to follow, Mr. Ramirez understands the importance of mentoring and consciously strives to shares his insights with others.”
One of his frequent opponents in condemnation matters, Kenneth Wright, has the utmost respect for Ramirez and described him as a model attorney who is very courteous and thoroughly prepared for all of his cases. According to Wright, Ramirez is an old school attorney whose “word is his bond.” Ramirez is also revered by the tribunals in which he practices. He frequently represents the DISD in condemnation hearings. Charles Fiscus, a special commissioner who has presided over a number of these hearings, described Ramirez as an excellent attorney whose demeanor toward the tribunals, opposing parties and opposing counsel is a model of professionalism for others to follow. Recalling one hearing in particular, Fiscus believes that he would not have been able to finish the hearing if anyone besides Ramirez had been representing the DISD. The hearing was a difficult one because the parties opposing the DISD were not represented by counsel and disagreed among themselves as to the value of the subject property. Ramirez, undeterred by the repeated outbursts of the opposing parties during the hearing, presented his evidence in a very professional manner. Not only is Ramirez a model of professionalism both in the courtroom and out, but he strives to keep his clients involved in the legal process. He believes that attorneys should not only keep their clients informed, but should actively seek their input as well. Because most of Ramirez’s clients are from abroad, he has become adept at melding cultures together and helping his clients understand U.S. culture and SEE RAMIREZ, PAGE 13
DBA Announces New Editor of Headnotes
Focus Tort & Insurance Law
From Print to Web— What’s Next?
FTC Director of Policy Planning addresses DFW journalists & lawyers. by Jessica D. Smith
F
or 25 years, the Dallas Bar Association has honored local news journalists for their excellence in legal reporting by presenting members of the media with the Stephen H. Philbin Award. In 1982, Stephen Philbin lost his battle with leukemia. He was a long-time member of the Dallas Bar Association and a partner with the firm of Locke, Purnell, Boren, Laney & Neely. At the time of his death, Mr. Philbin was a leading authority on media law in Texas. He advised major publications and broadcast companies on libel law, regulations and licensing of broadcast properties, and fair comment rulings. In honor of his contributions to media law in the Dallas area, an anonymous donor funds the annual Philbin Awards, with the DBA Media Relations Committee coordinating the event. Dozens of entries have been received for the 2009 competition, including TV news reports from the major network affiliates, as well as both print and on-line news and feature articles from the area’s large metro newspapers, magazines and suburban publications. The winners will be announced at the Stephen Philbin Awards Luncheon on Tuesday, Oct. 13, at the Pavilion at the Belo Mansion. Last year, approximately 50 journalists attended the luncheon, which is open to judges and lawyers, offering a unique opportunity to get acquainted the local news reporters. The keynote speaker for the awards luncheon this year will be Susan DeSanti, the U.S. Federal Trade Commission’s Director of Policy Planning, who will present a talk entitled “From Town Criers to Bloggers: How Will Journalism Survive the Internet Age?” With the news media and the practice of journalism in transition, the FTC has decided to present a series of workshops in 2009 SEE EXCELLENCE, PAGE 10
Appealing to the Public
J
essica Smith has joined the Dallas Bar Association as the Association’s Communications/Media Director and as the Editor of Headnotes. Ms. Smith brings over 10 years of publishing experience to the DBA. She most recently served as Managing Editor of the Paint Horse Journal, a multiple award-winning publication of the American Paint Horse Association of Fort Worth. Ms. Smith managed the editorial and print production of four of the association’s publications, oversaw all editorial content, wrote monthly columns and feature articles, prepared press releases, marketing materials, e-newsletters and copy for the website. Prior to the American Paint Horse Association, Ms. Smith served as the Account Coordinator-Production at The Wall Street Journal and handled layout and production for not only The Wall Street Journal but also The Wall Street Journal Europe, The Asian Wall Street Journal and Barrons. She holds a B.S. in Journalism with a minor in Photography from Texas A&M University-Commerce.
More than 350 students from 11 DISD schools were at the Belo Mansion to participate in the DBA’s Appealing to the Public program with the Texas Court of Criminal Appeals. The program strives to educate our community and students about the judicial system. Students had the rare chance to observe the Court in session. Present at the hearing were Judges (back row, left to right) Tom Price, Larry Meyers, Michael Keasler, (front row, left to right) Cathy Cochran, Barbara Hervey and presiding Judge Sharon Keller.
Inside 3 Lawyers Continue the Mentoring Tradition 10 Designating Responsible Third Parties 12 It’s Good to Be an ‘Innocent’ Seller in Texas
2 He a d n o t e s l D a l l a s B a r A s s o c iation
Calendar
October Events FRIDAY CLINICS
October 2 — Belo Noon
“Taking Dangerous Dog Hearings Seriously,” Don Feare. (MCLE 1.00)*
October 9 — North Dallas**
Noon
“From the Mouths of Babes,” Mike Coales. (Ethics 1.00)* At Two Lincoln Centre is located at 5420 Lyndon B. Johnson Frwy., Suite 240 Dallas, Texas 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Griffith, Nixon and Davison P.C.
November 6 — Belo Noon
October 2009
“Role of Lawyers and Judges During the Holocaust,” Dr. William Meinecke. (MCLE 1.00)*
THURSDAY, OCTOBER 1 Noon
Construction Law Section “Media Savvy Litigation in the Internet Age,” David Margulies. (MCLE 1.00)*
Lawyer Referral Service Committee
5:30 p.m.
DVAP Pro Bono Awards Celebration
Family Law Section Board of Directors St. Thomas More Society DAYL CLE Committee
FRIDAY, OCTOBER 2 8 a.m.
Clerk and Coordinator Seminar
Noon
Friday Clinic – Belo “Taking Dangerous Dog Hearings Seriously,” Don Feare. (MCLE 1.00)* Transition to Law Practice Clinic “Legal Writing for the Beginning Lawyer,” Bryan Garner. (MCLE 1.00)
MONDAY, OCTOBER 5 Noon
Tax Section “Media Savvy Litigation in the Internet Age,” David Margulies. (MCLE 1.00)*
Peer Assistance Committee
TUESDAY, OCTOBER 6
Noon
Corporate Counsel Section “Insurance 101 for Corporate Counsel – Myths, Misconceptions and Half-Truths,” Aaron Johnston. (MCLE 1.00)*
Morris Harrell Professionalism Committee Topic Not Yet Available, Hon. Sidney Fitzwater. (MCLE 1.00)
6 p.m.
DAYL Board of Directors
6:30 p.m.
Texas General Counsel Forum
Tort and Insurance Practice Section “New Voir Dire Techniques to Win Your Case,” Lisa Blue. (MCLE 1.00)
WEDNESDAY, OCTOBER 7
Noon
Employee Benefits & Executive Compensation Section “DOL Update,” Susan A. Hensley, Deputy Regional Director, Department of Labor EBSA
Solo & Small Firm Section “Discovery Update,” Paul R. Clevenger
Public Forum Committee
DAYL Environmental Awareness Committee
5 p.m.
Bankruptcy & Commercial Law Section “The JIBs and Jabs of Bankruptcy in the Oil Patch: Current Issues in Oil & Gas Related Bankruptcy Cases,” Holly O’Neil. (MCLE 1.00)*
Sports & Entertainment Law Council
THURSDAY, OCTOBER 8
6 p.m.
J.L. Turner Legal Association
FRIDAY, OCTOBER 9
Noon
Friday Clinic – North Dallas** “From the Mouths of Babes,” Mike Coales. (Ethics 1.00)* At Two Lincoln Centre is located at 5420 Lyndon B. Johnson Frwy., Suite 240 Dallas, Texas 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Griffith, Nixon and Davison P.C.
Trial Skills Section Topic Not Yet Available
MONDAY, OCTOBER 12 Noon
Alternative Dispute Resolution Section “Resolving Construction Disputes,” David Surratt. (MCLE 1.00)*
Real Property Law Section Topic Not Yet Available
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
Law in the Schools and Community Committee
DAYL Elder Law Committee DVAP New Lawyer Luncheon
WEDNESDAY, OCTOBER 21
Noon
Energy Law Section “Impact of the American Recovery and Reinvestment Act of 2009 on Energy Infrastructure Development,” Jo Ann Biggs. (MCLE 1.00)*
Health Law Section Topic Not Yet Available
Law Day Committee Library Committee Pro Bono Activities Committee
Municipal Justice Bar Association
5:15 p.m.
LegalLine
Environmental Law Section “Media Savvy Litigation in the Internet Age,” David Margulies. (MCLE 1.00)
DVAP Pro Bono Training State Bar of Texas
6 p.m.
DVAP Belo Clinic
7 a.m.
State Bar of Texas
Noon
J. Reuben Clark Society
4:30 p.m.
DVAP CLE
FRIDAY, OCTOBER 30 7 a.m.
State Bar of Texas
9 a.m.
Blood Drive/Flu Clinic
Noon
DVAP
MONDAY, NOVEMBER 2
THURSDAY, OCTOBER 22 Criminal Law Section Topic Not Yet Available
Legal Ethics Committee
THURSDAY, OCTOBER 29
Non-profit Law Study Group
Noon
Noon
Tax Section Topic Not Yet Available
Peer Assistance Committee
TUESDAY, NOVEMBER 3 Noon
Corporate Counsel Section Topic Not Yet Available
Mentoring Committee
Tort & Insurance Practice Section “Supreme Court Update,” Justice Scott Brister. (MCLE 1.00)*
Christian Legal Society
Morris Harrell Professionalism Committee
FRIDAY, OCTOBER 23
WEDNESDAY, NOVEMBER 4
Noon
Intellectual Property Law Section Topic Not Yet Available
Noon
Solo & Small Firm Section Topic Not Yet Available
Media Relations Committee
TUESDAY, OCTOBER 13
Employee Benefits & Executive Compensation Section Topic Not Yet Available
Noon
Business Litigation Section Topic Not Yet Available Mergers and Acquisitions Section Topic Not Yet Available
Sports & Entertainment Law Section “Making Money Making Movies Boot camp.” (MCLE 4.00) At Poor David’s Pub, 1313 South Lamar, Dallas.
Public Forum Committee
1 p.m.
Media Relations Committee
5 p.m.
Bankruptcy & Commercial Law Section Topic Not Yet Available
DAYL Equal Access to Justice Committee
4 p.m.
Senior Lawyers Committee
6 p.m.
Home Project Committee Elementary Spanish for Lawyers
WEDNESDAY, OCTOBER 14 8 a.m.
Education Symposium
Noon
Family Law Section Topic Not Yet Available
5:15 p.m.
CLE Committee House Committee LegalLine
THURSDAY, OCTOBER 15 Noon
Minority Participation Committee
Dallas Criminal Defense Lawyers Association Dallas Gay and Lesbian Bar Association Federal Bar Association
DAYL Lunch & Learn
3:30 p.m.
DBA Board of Directors
UPL Subcommittee
FRIDAY, OCTOBER 16 Noon
Minority Participation Committee
Noon
Collaborative Law Section “Understanding the Attorney Advertising Rules As They Apply to Web sites,” Dale C. Howe. (MCLE 1.00)*
MONDAY, OCTOBER 19
Admissions and Membership Committee Publications Committee Speakers Committee
TUESDAY, OCTOBER 20 11 a.m.
Rule of Law Conference
Dallas Asian American Bar Association DAYL Barristers for Babies
Noon
Franchise & Distribution Law Section Topic Not Yet Available
DVAP/LANWT “Parenting and Custody Orders,” Speakers: Family Law Judges & Family Law Specialists (MCLE 01.00)
International Law Section Topic Not Yet Available
Entertainment Committee
Noon
Labor & Employment Law Section Dallas EEOC Activities Update and GINA of 2008.
Legal History Discussion Group
MONDAY, OCTOBER 26
DAYL
THURSDAY, NOVEMBER 5
Noon
Securities Law Section Topic Not Yet Available
Criminal Justice Committee
Noon
Construction Law Section Topic Not Yet Available
DVAP Pro Bono Training
Family Law Section Board
St. Thomas More Society
DAYL
DAYL CLE Committee
TUESDAY, OCTOBER 27 Noon
Probate, Trusts & Estates Section “Ethics Panel,” Greg Sampson, Coyt Randal Johnston, Barkley T. Miller and William D. Cobb. (Ethics 1.00)*
Courthouse Committee
American Immigration Lawyers Association
DAYL Aid to the Homeless
Dallas Bar Foundation
FRIDAY, NOVEMBER 6
Friday Clinic – Belo “Role of Lawyers and Judges During the Holocaust,” Dr. William Meinecke. (MCLE 1.00)*
3:30 p.m.
DBA Annual Meeting
DVAP Pro Bono Training
6 p.m.
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
Dallas Hispanic Bar Association Evening Ethics Program Moderator: Justice Kerry Fitzgerald
WEDNESDAY, OCTOBER 28 Noon
Noon
Juvenile Justice Committee
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If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Cathy Maher at 214/220-7401 as soon as possible and no later than two business days before the seminar. All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION. *For confirmation of State Bar of Texas MCLE approval, please call Teddi Rivas at the DBA office at 214/220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact KTarangioli@dallasbar.org.
October 2009
D al l as Bar A ssoci ati on l Headnotes 3
Special Mentoring Highlight
Making Pipeline & Mentoring Programs a Priority by Mike Keliher
W
e all know the Socratic Method from our law school days. In addition to making life miserable for 1Ls, Socrates also taught us about the value of mentoring. In his later years, he mentored Plato, who subsequently mentored Aristotle. Fortunately, Socrates’ mentoring tradition is as embedded in the legal culture as the Socratic Method is in law school. The DISD Partners in Education program has allowed many DBA members to mentor local students.
Fannin Elementary says Akin Gump rocks “AKIN GUMP YOU ROCK!” With those words, Fannin Elementary Principal Linda Trujillo thanked Akin Gump Tax Partner Dan Micciche for his firm’s hard work with her school. Principal Trujillo was sharing that Fannin, with 97.2 percent in math and 100 percent in reading, had been designated as Exemplary “for the first time since 1915.” Akin Gump became involved with Fannin in 2005. The firm has supported the school financially, with programs and with individual lawyers to student mentoring. Financial support started with upgrading the student library and has included clothing and supply drives. The firm has sponsored musical and spelling competitions and
recognized the teachers at appreciation breakfasts. Akin Gump’s mentoring was recently recognized in a piece aired on a Dallas news cast. However, it is the individual mentoring that matters most. Fannin Elementary sits in the shadow of downtown, but its students live an economic and social world away. On a weekly basis, Akin Gump volunteers leave their high-powered jobs to spend time with children helping them read and write. It is this consistent interaction that has proven to be so helpful. “The children love having someone come work with them every week,” Trujillo noted. The feeling is mutual. Dan Micciche observed, “the heart of our school partnership is our tutoring program. It has the greatest impact, and it is the most rewarding volunteer work we do.”
Akin Gump volunteers not only help support Fannin Elementary financially, but also through one-on-one mentoring, help the DISD school reach an Exemplary status for the first time since 1915.
extensive financial support, mentoring programs have included year-round tutoring, a year-round pen pal program between Baker Botts personnel and third graders, a field trip to the courthouse and recognizing Dorsey Scholars with a trip to summer camp.
Julius Dorsey Elementary loves Locke Lord goes one-on-one Baker Botts “Baker Botts means so much to our with Medrano Elementary
students,” Ms. Calico, a sixth grade teacher at Julius Dorsey Elementary, shared with Baker Botts lawyer Romina Mulloy-Levine. “You give our kids so much love and motivation, that you make them want to do better and be better.” Baker Botts adopted Julius Dorsey Elementary in 1992. Since then, Baker Botts has been recognized four times with the annual DISD Outstanding Business Partner award. In addition to
DBA Annual Meeting Nominations for DBA directors and officers will be made from the floor at the Annual Meeting on Friday, November 6 at 4 p.m. (A reception begins at 3:30 p.m.) Six director and four officer positions are elected annually. Within seven days following the Annual Meeting, all DBA resident members with an e-mail address on file with the DBA will be sent an online ballot. If you wish to vote online, please make sure the DBA has your e-mail address by visiting the DBA Web site at www.dallasbar.org, or please call Kim Watson at 214-220-7414 before 5 p.m., on Thursday, November 5, 2009. Please update your spam software to allow the e-mail ballot to enter your inbox from DallasBar@BallotBoxOnline.com. If you receive an online ballot but wish to vote by hard copy, please contact Cathy Maher at 214-220-7401 to request that a paper ballot be mailed to you. Only those resident members without an e-mail address on file with the DBA will be mailed a hard copy of the ballot.
The Board of Directors of the J.L. Turner Legal Association Foundation Invite You To The 57th Anniversary Scholarship & Awards Gala Saturday, October 24, 2009 • The Sheraton Hotel Dallas Reception: 5:30 • Dinner: 7:30 • Donation: $90 • Black Tie For more information, contact Phyllis Lister Brown at (214) 207-0836 or A. Shonn Brown at (214) 740-8714
“I passed my tests last year and Mike helped me every week,” fifth grader Johnequa P. wrote to Locke Lord Tax Partner Mike DePompei. “Thank you, Mike, for your help and for making me love reading and poetry.” Locke Lord is beginning its tenth year in partnership with Medrano Elementary. Again, financial support has been extensive. Further, Locke Lord participates in planning through its seat on the Medrano Board of Friends.
Mentoring is done one on one. The school selects dozens of students who are then paired directly with a Locke Lord mentor. This mentor spends time each week working with the students on math and reading. In the last decade, this program has led to a dramatic rise in test scores and the school has moved from “low-performing” to “recognized.” From Plato to Johnequa, mentoring continues to provide for a bright future. More information on DISD’s Partners in Education program can be found at http://www.dallasisd.org/part HN ners/partners.htm. Following a lengthy “big firm” legal career, Mike Keliher is now a financial, accounting and damages expert at his firm, Keliher Consulting. He can be contacted at mkeliher@ keliherconsulting.com
New Member Benefit Program WILL INCREASE YOUR CASH FLOW The DBA is pleased to announce that members can now use the Law Firm Merchant Account™ to easily accept credit cards from clients. You can accept credit and debit card payments from your clients for services rendered or retainers, and unlike traditional merchants the Law Firm Merchant Account™ accounts for earned and unearned fees. The Law Firm Merchant Account™ credit card processing for attorneys is a custom payment solution designed by Affiniscape Merchant Solutions. AMS examined the requirements for handling client funds and developed a system that resolves the ethical dilemma attorneys face when processing credit cards. The Law Firm Merchant Account™ complies with ABA and state requirements for managing client funds. With discounted member fees, law firms save up to 20–25% off standard credit card fees. If you are currently accepting credit cards, we encourage you to compare your current processor with the Law Firm Merchant Account™.
PRICE COMPARISON OF A STANDARD MERCHANT ACCOUNT VS LAW FIRM MERCHANT ACCOUNT™
Fees Application Fee Contract Terms Cancellation Fee Set Up Fees Annual Fee Monthly Minimum Fee Service Processing Rate for Swipe (In Person) Debit Processing Rate for Swipe (In Person) Transactions Processing Rate Keyed ( Internet/Mail/Phone) Processing Rate Mid & Non-Qualified (Corp, Biz, Pur. Cards) Transaction Fee (includes authorization and settlement) Monthly Statement/Service Fee Features PCI Compliance Fee Quick Books Module Billing Presentment and Electronic Invoices Online Bill Pay for Clients
Standard Merchant Account $75- $195 1-3 Years $70 - $300 $100 - $300 $50 - $200 $20 + 1.69% 1.85% 2.65% 1.50% 25 - 35 ¢ $10 - $15 $9.95 No No No
Law Firm Merchant Account None None None None None None 1.59% 1.79% 2.19% .86% 20 ¢ $5 Included Yes Yes Yes
Note: Over 50 local and state Bar Associations promote the Law Firm Merchant Account You can open a Law Firm Merchant Account™ at NO COST and begin accepting credit card payments now. Today through October 31, 2009 the $150 virtual terminal start-up-fee is waived for all Dallas Bar Association members. Call 866-3760950 or visit www.affiniscape.com/dallasbar to take advantage of this offer. Mention promotional code: DBAIntro.
4 He a d n o t e s l D a l l a s B a r A s s o c iation
October 2009
Headnotes
President's Column
The Future of Journalism: Will We Be Holding the Presses? by Christina Melton Crain
Were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter. — Thomas Jefferson, 3rd President of the United States of America
T
homas Jefferson, our third president and chief author of the Declaration of Independence, wrote these poignant words to fellow statesmen Edward Carrington in 1787. Although Jefferson was often maligned by the press, he was vehement in his defense of the freedoms embodied in the First Amendment. In 1786, he told John Jay, First Chief Justice of the United States (1745-1829), “Our liberty cannot be guarded but by the freedom of the press, not that it be limited without danger of losing it.” Likewise, through history, other noted figures have indicated the importance of the freedom of the press. Felix Frankfurter, American Jurist (1882-1965), stated, “Freedom of the press is not an end in itself but a means to the end of [achieving] a free society.” And Adlai E. Stevenson, American Politician (1900-1965), stated that, “The free press is the mother of all our liberties and of our progress under liberty.” Jefferson and the others knew the value of a free press, even though they certainly could not envision the 24/7 cable news coverage and plentiful, wide-ranging blogs to which we have become accustomed. But in many cities, the printing presses that this founding father and others defended have grown silent, as many newspapers have trimmed their newsroom resources. In 2009 we have to ask ourselves what the future of journalism looks like. Where will we find in-depth, accurate investigative reporting in the future? Today the future of journalism is a concern of many. Congress held a hearing on the subject this past spring, and now the Federal Trade Commission (FTC), the federal agency that works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop and avoid them, is hosting workshops across the country entitled “From Town Criers to Bloggers: How Will Journalism Survive the Internet Age?” The workshops, coordinated by FTC Director of Policy Planning Susan DeSanti, will bring competition, consumer protection and First Amendment perspectives to bear on the financial, technological and other challenges facing the news industry as consumers increasingly turn to the Internet for free news and information, advertisers increasingly move their ads onto on-line sites and reduce advertising buys as a result of the recession, and news organizations struggle with large debt that was taken on when times were better. It is no secret that several large daily newspapers across the country have declared bankruptcy in the past year, and others have imposed significant cuts in staff and other expenditures to lower their costs dramatically, although some smaller community newspapers may continue to have local monopolies. News magazines also have seen significant drop-offs in advertising revenues, despite relatively stable circulation numbers. Broadcast television news and radio news broadcasts have lost audience shares over the past decade, while cable and Internet audiences have grown. The news media and the practice of journalism are in transition, as evidenced by multiple innovative models for journalism that have emerged in the past few years.
And Dallas media outlets have not been immune to this development. The FTC reports that the workshops will consider a wide range of issues, including: the economics of journalism and how those economics are playing out on the Internet and in print; the wide variety of new business and non-profit models for journalism online; factors relevant to the new economic realities for news organizations, such as behavioral and other targeted online advertising, online news aggregators, and bloggers; and the variety of governmental policies—including antitrust, copyright, and tax policy—that have been raised as possible means of finding new ways for journalism to thrive. Witnesses will include journalists and other representatives of news organizations, privacy experts, direct marketers, online advertisers, academics, new media representatives (such as bloggers and local news Web sites), and consumer advocates. Twenty-six years ago, acknowledging the unique role the press holds in our communities and wishing to highlight its importance, the Dallas Bar Association (DBA) established the Stephen Philbin Awards, which recognizes excellence in legal reporting among local journalists. Mr. Philbin was a well-respected media lawyer in Dallas who succumbed to cancer in 1982. The following year, local reporters began vying for these coveted awards. Once again, the DBA will hold its Annual Philbin Awards Luncheon to honor such reporting on Tuesday, October 13, 2009, at noon at the Belo Mansion. The Philbin Awards Luncheon is hosted by the DBA Media Relations Committee which is co-chaired this year by the extremely capable team of Kara Altenbaumer-Price and Jenna P. Wright. And, because of the national focus on the future of journalism, the DBA is pleased to bring this year’s luncheon attendees the FTC’s Susan DeSanti to provide a unique, firsthand look into this very concerning and evolving issue. If your practice includes media clients, if you are a member of the media, or if you deal with the media in any capacity, you will not want to miss this rare opportunity. Ms. DeSanti joined the FTC from Sonnenschein Nath & Rosenthal, where her practice has focused on antitrust counseling and litigation in a variety of industries. She previously spent 15 years at the FTC, during which she helped develop federal antitrust policy in standard setting, intellectual property licensing, antitrust and patent issues, generic drug entry, mergers, and joint ventures among competitors. During that time, she served in a variety of positions, including Director of Policy Planning, Deputy General Counsel for Policy Studies, senior attorney advisor to Chairman Robert Pitofsky, and attorney advisor to Commissioner Dennis Yao. In addition to several years in private practice before she joined the FTC, DeSanti recently served as Senior Counsel to the Antitrust Modernization Commission. Tickets are $25 each and tables for 10 are available for $250. A special ticket price of $15 is available to members of the media. Your ticket includes lunch and MCLE credit of 1.00 hour, including 0.5 ethics credit. To reserve a ticket, contact Judi Smalling at jsmalling@dallasbar.org. Heed the words of Thomas Jefferson and others and don’t miss this opportunity to become educated on the future of media in our community and country—a much needed and valuable resource we cannot afford to take for HN granted.
2009 Stephen Philbin Awards Luncheon Recognizing Excellence in Legal Reporting
Ŷ Tuesday, 13 Ŷ The Pavilion at The n Tuesday, OctoberOctober 13 n The Pavilion at The Belo Mansion n Belo MCLE Mansion 01.00 / 0.5ŶEthics n KEYNOTE SPEAKER SUSAN DESANTI DIRECTOR OF POLICY PLANNING, FEDERAL TRADE COMMISSION “From Town Criers to Bloggers: How Will Journalism Survive the Internet Age?" Sponsored by the DBA Media Relations Committee. For tickets, contact Judi at JSmalling@dallasbar.org.
Published by: DALLAS BAR ASSOCIATION
2101 Ross Avenue Dallas, Texas 75201 Phone: (214) 220-7400 Fax: (214) 220-7465 Website: www.dallasbar.org Established 1873 The DBAís purpose is to serve and support the legal profession in Dallas and to promote good relations among lawyers, the judiciary, and the community. OFFICERS President: Christina Melton Crain President-Elect: Ike Vanden Eykel First Vice President: Barry Sorrels Second Vice President: Paul K. Stafford Secretary-Treasurer: Bill Mateja Immediate Past President: Frank E. Stevenson II Directors: Jerry C. Alexander, Arthur Anthony (President, J.L. Turner Legal Association), Kim Askew (at-large), Wm. Frank Carroll, Rob Crain, Sally L. Crawford, Hon. Elizabeth H. Crowder, Laura Benitez Geisler, Hon. Marty Lowy, Scott McElhaney, Patsy Yung Micale (President, Dallas Asian American Bar Association), Paul K. Stafford, Dena DeNooyer Stroh (President, Dallas Association of Young Lawyers), Diane Sumoski, Debra K. Thomas, Christie Villarreal (President, Dallas Hispanic Bar Association) and Brad C. Weber. Advisory Directors: Jennifer Duncan Edgeworth (President-Elect, Dallas Association of Young Lawyers), Karen McCloud (President-Elect, J.L. Turner Legal Association), Jose Angel Ortiz (President-Elect, Dallas Hispanic Bar Association) and Hope Shimabuku (President-Elect, Dallas Asian American Bar Association). Delegates, American Bar Association: Kim J. Askew, Hon. Douglas S. Lang Directors, State Bar of Texas: Talmage Boston, Beverly Bell Godbey, Timothy W. Mountz, Robert R. Roby, Mark K. Sales HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications / Media Director & Headnotes Editor: Jessica D. Smith Calendar: Kathryn Tarangioli In the News: Judi Smalling Art Director: Laura E. Heymann Advertising: Karla Howes PUBLICATIONS COMMITTEE Co-Chairs: Anne Pohli, Timothy Ackermann and Suzanne Westerheim Vice-Chairs: Vincent Allen, Lea N. Clinton Members: Joe Acosta, Heather Barbieri, Lance Caughfield, Scott Cheskiewicz, Paul Clevenger, Christina Melton Crain, Linda Dedman, Tobey Elliott, Rich Glass, Jennifer Green, Floyd Hartley Jr., Thomas Hoffman, Mary Louise Hopson, Young Jenkins, Victor Johnson, Susan Kravik, Thomas L. Mighell, Clay Miller, Hon. Jim Moseley, Susan Nassar, Heather Bailey New, Kirk L. Pittard, Irina B. Plumlee, Christopher A. Robison, Bryon L. Romine, Michelle Ross, Kathy Roux, Gregory Sampson, Barry Sorrels, Paul K. Stafford, Scott B. Stahl, Holland A. Sullivan, J. Allen Sullivan, Sherry Talton, Debra K. Thomas, Edith Miller Thomas, Ike Vanden Eykel, Jenna Wright and Paul F. Wright. DBA & DBF STAFF Executive Director: Catharine M. Maher Accounting Assistant: Shawna Bush Communications / Media Director: Jessica D. Smith Controller: Sherri Evans Director of Community Services: Alicia Hernandez Events Coordinator: Rhonda Thorton Executive Director, DBF: Elizabeth Philipp Law-Related Education & Programs LRS Program Assistant: Biridiana Avina LRS Interviewer: Marcela Mejia Coordinator: Amy E. Smith Membership Coordinator: Kimberley Watson Projects & Communications Assistant: Kathryn Tarangioli Publications Assistant: Judi Smalling Receptionist/Staff Assistant: Teddi Rivas DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Lakeshia McMillan, Andrew Musquiz, Jigna Gosal, Tina Douglas. Data Entry/Office Support: Patsy Quinn Copyright Dallas Bar Association. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher. Headnotes serves the membership of the DBA and, as such, editorial submissions from members are wel-come. The Executive Editor, Editor, and Publications Committee reserve the right to select editorial content to be published. Please submit article text via e-mail to jsmith@dallasbar.org (Communications Director) at least 45 days in advance of publication. Feature articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informational and educational purposes and is not intended as legal advice. Opinions expressed in articles are not necessarily those of the Dallas Bar Association. All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Associationís sole discretion. Headnotes (ISSN 1057-0144) is published monthly by the Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. Non-member subscription rate is $30 per year. Single copy price is $2.50, including handling. Periodicals postage paid at Dallas, Texas 75260. POSTMASTER: Send address changes to Headnotes, 2101 Ross Ave., Dallas, TX 75201.
O c t o b e r 2 0 09
D al l as Bar A ssoci ati on l Headnotes 5
The Dallas Bar Association From 1981-1990 Editor’s Note: As the Dallas Bar Association celebrates the inauguration of its 100th president, Christina Melton Crain, we will reflect each month on the bygone eras the organization has experienced. Darwin Payne’s book, As Old As Dallas Itself: A History of the Lawyers of Dallas, the Dallas Bar Associations, and the City They Helped Build, has been used as a source in these articles. It is available from the Dallas Bar Foundation for $25. Contact Elizabeth at ephilipp@dallasbar.org.
T
hough much of the country faced an economic downturn in the 1980s, the city of Dallas and the legal profession enjoyed unprecedented growth. The decade will often bring to mind the changing of the Dallas skyline, the Republican National Convention and the hopes of new growth and prosperity. John L. (Jack) Hauer was inaugurated as president of the DBA in 1981. While at Stanford he was co-editor of that institution’s first law review. As president of the DBA, Hauer presided over the DBA’s first “roast.” He was also the president of the Dallas Junior Bar Association, and he was a director of the State Bar of Texas from 1982 to 1985. During his many years as an active attorney, Hauer’s clients included the Dallas Transit Authority, LTV Corporation, and Southwest Airlines. When he retired from legal practice he was a partner in the firm of Akin, Gump, Strauss, Hauer & Feld. Darrell E. Jordan served not only as president of the DBA in 1982, but also as president of the State Bar of Texas in 1989-90, the first Dallasite to hold that office since Morris Harrell in 1971. Jordan began his legal career as assistant city attorney for the City of Dallas, and then became assistant district attorney for Dallas County under Henry Wade.
In 2008 Jordan was of counsel with Dykema Gossett, and earlier had been a partner with Crutcher, Hull, Ramsey, & Jordan and Hughes & Luce. Distinguishing himself in athletics before pursing his career as a lawyer, Jerry Lastelick was captain of the Jesuit High School baseball team in 1949, and is a member of the Jesuit Sports Hall of Fame. During his 1983 reign as DBA President, the Environmental Law Section and the dues check-off were created—which raised $100,000 in its first year and gave a generous kickoff to the Dallas Bar Foundation. Also that year, the Philbin Awards luncheon began. Lastelick was a founder of the First Texas Bank. In 1991, Jesuit presented him with its Distinguished Alumnus Award. Though the Korean War interrupted his studies, Robert A. Gwinn returned to SMU to complete his law school education, and in 1954 joined the firm of Long, Lipscomb & Seay, which ultimately became Gwinn & Roby. While his first inclination was to be a physician, instead Gwinn developed a specialty of defending doctors. Later, he began to specialize in aviation law. At his 1984 inauguration as Dallas Bar Association president, he said that new Dallas court facilities were at the top of his wish list. In 2008 the DBA named Gwinn as Trial Lawyer of the Year. One of the National Law Journal’s “Fifty Most Influential Women Lawyers in America,” Harriet E. Miers was also the first woman ever hired by, and to become managing partner of, the firm of Locke Purnell. When she took office in 1985, Miers also became the first woman president of the DBA. Six years later she became the first woman president of the State Bar of Texas. When George W. Bush was elected president, Miers moved to Washington to join his White House
staff, ultimately becoming White House counsel to the president. Chairman of the board of the DBA in 1982, Vincent Walker Perini made the move to president in 1986. In 1970, he was president of the Dallas Association of Young Lawyers. He also played an important role in getting the court facilities at Lew Sterrett Justice Center. For several years he taught a course at SMU Law School, “Texas Criminal Trial Practices.” He has also served as president of the Texas Criminal Defense Lawyers Association. George C. Chapman was awarded his LL.B. degree from the University of Texas in 1962, where he excelled in law school, his honors including service as editor-in-chief of the Texas Law Review. On becoming president of the DBA in 1987 he appointed a task force to address “a growing deterioration” of professionalism, and to help fulfill his goals he created a Task Force on Professionalism, which prepared a “Lawyer’s Creed” and a set of Guidelines of Professional Courtesy. He is also the primary author of the Code of Pretrial Conduct of American College of Trial Lawyers. In 2008 the Dallas Bar Association honored him with the Morris Harrell Professionalism Award. When Mike Joplin became president of the DBA in 1988, he was the fourth member of his firm, Strasburger & Price, to hold that office, following Henry Strasburger, Mark Martin, and Robert H. Thomas. During his term the Board adopted Guidelines for Creating & Sunsetting Sections. Joplin was with the firm of Strasburger & Price for 38
years before retiring and moving to Kerrville. He was a past president of the Dallas Junior Bar Association, and he was a ruling elder of the Highland Park Presbyterian Church. Spencer C. Relyea’s first position after graduating from the University of Texas Law School was a clerkship under Chief Justice John Hickman of the Texas Supreme Court. Before becoming DBA president in 1989, Relyea was chairman of the board of the DBA. During his presidency of the DBA he established the program that provides for summer clerkships for minority law students at Southern Methodist University. He is a Fellow of the Texas Bar Foundation. Relyea’s civic activities include a term as president of Our Friends Place, an institution that helps abused women. After Al Ellis served a tour of duty in Vietnam, he entered SMU’s law school, serving as chief counsel for the SMU Legal Clinic and on the board of editors for the Journal of Air Law and Commerce. Entering the legal profession and becoming active as a trial lawyer, he found time to be a leader in many legal and civic organizations. As DBA president in 1990, Ellis led the effort to develop the DBA’s plan for inclusion and established the Community Involvement Committee, which organized the DBA Home Project and many other community activities which still exist today. Now of counsel at Sommerman & Quesada, Ellis has tried more than 175 cases before a jury. Next month, we’ll look at the DBA and its presidents during the HN 1990s.
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6 He a d n o t e s l D a l l a s B a r A s s o c iation
October 2009
INAUGURAL OF IKE VANDEN EYKEL 101st President of the Dallas Bar Association
Saturday, January 23, 2010 Place: Your Home, The Belo Mansion Time: Cocktails: 6:30 p.m. • Dinner: 7:30 p.m.
Complimentary Cocktails, Dinner, Dancing to A Hard Nights Day, Casino, Scotch Tasting, Silent Auction, Pavilion Terrace Lounge Tickets: $140/person • Tables of 10: $1,400 Seats are very limited. Online Reservations: www.dallasbar.org beginning November 15th or mail checks now to secure a ticket to: Shawna Bush 2101 Ross Ave. Dallas TX 75201
Meet the Belo Mansion Staff Elijah Coe Executive Chef, Belo Mansion
John Daly General Manager, Belo Mansion
Worked at Buckingham Palace
Four Seasons Hotels Background
Executive Chef, Elijah Coe began his culinary adventure at the age of 13 in his native England. Chef Coe worked at the quaint Otter Inn in the historical town of Honiton on the Southwest coast of England and ultimately became head chef. Chef Coe graduated from the Thanet School of Culinary Arts. After graduation, he joined the British Royal Navy where he became a senior chef for the Royal Family on Her Majesty’s Yacht, Britannia. Chef Coe also worked at Buckingham Palace. In addition he traveled with various foreign services dignitaries, preparing meals for them and their guests throughout the world. Chef Coe arrived in New York in 1998 and worked for Restaurant Associates as chef of their commissary. He supervised some of their most prestigious accounts, including the Guggenheim Museum, the Metropolitan Museum of Art, the Museum of Natural History and the Lincoln Center. During the time he spent in New York Chef Coe worked with Wolfgang Puck on the 1999 Oscar Awards dinner and also worked on the MTV Awards and Grammy Awards dinners. Chef Coe relocated to Fort Worth, Texas as Chef of the City Club of Fort Worth and the Bass Family. He joined the Culinaire team at the Belo Mansion in 2008.
The man with the Irish accent who has been greeting members at the Belo Mansion for the past five years is John Daly, General Manager. John received his BA degree in Hotel & Catering Management from Galway Regional Technical College in Galway, Ireland. During college John worked in Ireland, Germany and the UK. He came to the United States in the late 80’s. Much of John’s career has been spent with Four Seasons Hotels, including the Four Seasons in Boston, Maui, Nevis, West Indies and Irving, Texas. Under John’s leadership, the Four Seasons Nevis was voted Best Hotel in the World by Conde Naste Traveler. Before coming to the Belo Mansion, John was the Director of Food & Beverage for the Morton H. Myerson Symphony Center and was responsible for client relations including the Dallas Symphony Association and the Office of Cultural Affairs for the City of Dallas. John has brought his Four Seasons background to the Belo Mansion and implemented upgraded service standards and as a result he has been responsible for many of the very highest profile weddings, galas and corporate events in Dallas. John was the recipient of Culinaire’s President’s Award as the Business Leader of the Year.
Bronwen Weber, America’s Favorite Pastry Chef Bronwen Weber, the world’s cutest pastry chef is known nationally for her frequent appearances on the Food Network. Chef Bronwen, “America’s Favorite Cupcake” is the pastry chef for Culinaire’s Frosted Art and the Belo Mansion’s most special events. Chef Bronwen was recently selected as the best from amongst a field of 600 competitors on Food Network’s Here Comes the Cake. Her cake designs and living-out-loud approach to sugar and spice have been published in Brides Magazine, American Cake Decorating Magazine, and England’s Cakecraft Magazine, among many others. She has won countless Grand Prize, Gold Medal, and Best of Show distinctions in numerous competitions including Food Network’s Cupcake Competition, Spooky Cake Competition, and the Incredible Edible Mansions challenge and various cake shows around the country.
O c t o b e r 2 0 09
D al l as Bar A ssoci ati on l Headnotes 7
Column Business of Law
The Organized Lawyer Gives Hope to Law Offices Everywhere By Mary Louise C. Hopson
Then there’s the joy of getting your desk clean, and knowing that all your letters are answered, and you can see the wood on it again. — Lady Bird Johnson
L
ady Bird nailed it. Look around your office. If a client were to come in, what clues would he or she pick up from your office’s appearance about your level of professionalism and skill? If your office is not a picture of order and organization, help may be on the way in the form of a useful little book written by Kelly Lynn Anders, Associate Dean for Student Affairs and a professor at Washburn University School of Law. In addition to lots of detail about how to set up an office and keep the paperwork flowing smoothly, the book, published by Carolina Academic Press, offers a new way to look at one’s surroundings to enhance the chances of keeping things neat and tidy. Why should you be organized? For starters, you will have a greater sense of control over your work, which creates a more peaceful, serene work environment. Having an organized workspace also may keep one from being sanctioned for actions that may actually be related to disorganization: Commingling of funds, inability to produce requested records, late
filings. Inexcusable, but not malicious, says Ms. Anders: These problems are a result of being disorganized. Ms. Anders, who grew weary of her “Grand Canyon of clutter,” found herself yearning for a peaceful office and set about finding out how to create one. She realized that information overload often begins in law school, with new students struggling just to keep up with the sheer volume of information. Add that to the rapidly changing work environment, with the demand for instant communication, and it’s easy to see how anyone could feel overwhelmed. But it’s not just a question of buying boxes and bins and suddenly feeling organized. One has to know one’s organizational style to truly conquer the clutter.
Organizational Styles
A questionnaire comes to the rescue in chapter two that categorizes workers into one of four styles. Are you a “Stacker,” who likes to see everything stacked in piles nearby, giving the appearance of order and a sense of control? Or do you need to have everything relevant to a project spread out over your desk? If so, then you’re a “Spreader.” Soon there are so many documents that look alike that the Spreader can’t find anything, often in the presence of bosses or clients. It’s difficult to handle more than one project if
you’re a Spreader. “Free Spirits” have one or two specialties and are very focused on them, to the detriment of the appearance of their office. They often use numerous Post-it notes to jot down random ideas as they occur. “Packrats” are emotionally tied to their things and like to fill in empty spaces with their stuff. Many have items, such as movie memorabilia, that in large quantities can be distracting to visitors. Knowing which category you fall into is essential to getting a better handle on your organization, explains Ms. Anders. There aren’t “wrong” ways to work, she says, just different styles. Furniture can be tailored to fit the needs of all organizational types, with nooks and crannies for Stackers, lots of flat surfaces for Spreaders (but stay away from the conference table!), closed storage for Free Spirits, and both closed and open storage options for Packrats.
The Path to Organization
The first step after this assessment of organizational style is to clear off your desk, Ms. Anders says. See what you actually use in your day-to-day work, and note what items really need to be on your desk. Weed through your things and decide to keep, toss, or archive. Use a metal step file holder instead of the typical in/out
boxes, to corral daily work, current projects, and other items. The book offers suggestions for office layouts and furniture arrangements, in all types of settings from cubicle to corner office, for different organizational styles. Ms. Anders gives ideas about how to manage the sheer volume of information, including file systems, financial recordkeeping, and timekeeping records, with tips on the use of planners and electronic organizers. She also covers home offices and portable work environments, library organization, and hints on marketing, entertaining and personal appearance. Honest reflection about your own personal style of organization and a clear picture of how that organized space will stay that way are keys to success. If you have better control over your work environment, your clients may feel more confident entrusting you with their important legal matters. What’s not to HN like about that? To order the book, which costs $20 and is in paperback, call 800489-7486. ISBN # 978-1-59460-430-0. Save 10 percent when you order online at www.caplaw.com. Mary Louise Hopson has helped Dallas lawyers and other professionals market their services for 30 years. She has been a member of several DBA committees, including the Publications Committee. She has been writing and editing the Business of Law column for seven years. She can be contacted at mlhops@sbcglobal.net.
Emeritus Members The Dallas Bar Association honors members who have contributed to the legal profession for 50 or more years. All 50-year members are invited to attend the Annual Meeting on Friday, November 6 at 3:30 p.m. to be recognized. To RSVP, contact Cathy Maher at 214-220-7401 or cmaher@dallasbar.org. Licensed in 1937 Robert A. Hall Licensed in 1939 E. Leroy Hallman Bernard Hirsh H. Louis Nichols Licensed in 1940 Bardwell D. Odum Licensed in 1941 Royal H. Brin Jr. Robert S. Strauss Licensed in 1942 William F. Alexander Claude D. Bell Jr. Richard I. Galland Frank Ripy McWhorter Charles O. Shields Licensed in 1945 Jeannette Williams Sadler Licensed in 1946 James R. Alexander Lawrence W. Anderson W. Richard Bernays Frank G. Newman Robert E. Rain Jean L. White Licensed in 1947 Joseph W. Geary Lester A. Levy Sr. John F. Wilson James G. Blanchette Jr. George Garrison Potts Ralph D. Churchill Gordon R. Carpenter George Hopkins Licensed in 1948 George Ashley Clarence Bentley Thomas T. Barnhouse Lamar Carnes H. Gene Emery Florence K. Fletcher Charles O. Galvin Lionel E. Gilly
Paul Harkey Billy B. Joiner John P. Koons C. Sidney McClain Trevor Wm. Rees-Jones James F. Williams Joel T. Williams Jr. Licensed in 1949 Jack E. Brady John W. Collins Jr. Edward J. Drake William N. Hamilton Harold L. Hitchins William A. Hunter William L. Keller J. Howard Lennon John McCormack B. Thomas McElroy William A. McKenzie E. Donald McNees Cecil G. Magee Gordon H. Montgomery Hon. Ted Z. Robertson Marvin J. Wise Licensed in 1950 George C. Anson W.S. Barron Jr. Albert L. Bartley Jr. Harold B. Berman D. Louise Boucher Hon. Dean M. Gandy Charles C. Garner Henry Gilchrist Wayne Hancock William C. Herndon H. Louis Morrison Jr. William C. Odeneal A.W. Patterson Jr. Ralph W.Pulley Jr. F.W. Reese Paul Thorp Eldon R. Vaughan Robert G. Vial Charles J. Winikates Sr. Licensed in 1951 Thomas K. Bamford Hon. L.A. Bedford Jr. Ramsey Clark M. Wayne Cummings
H. Sam Davis Jr. James E. Day Jr. William C. Dowdy Jr. Zack E. Mason Joseph W. McKnight Harold Arnold Pollman John L. Roach Hon. R.T. Scales Hon. Thomas B. Thorpe Heman E. Walker J. Ralph Wood Jr. Licensed in 1952 John R. Anthony Jr. Robert F. Ashley Prof. Alan R. Bromberg John H. Chiles James E. Coleman Jr. Hon. Harry T. Holland Vester T. Hughes Jr. Jerry N. Jordan Graham R.E. Koch Wayne A. Melton Louise B. Raggio Joseph M. Stuhl Harry P. Stuth Jr. William H. Tinsley James A. Williams Richard S. Woods Licensed in 1953 Donald C. Alexander Robert L. Blumenthal Joe Don Denton Thomas L. Fiedler Roy W. Howell Jr. James A. Knox Hon. James W. Mast William R. McGarvey Hon. Hugh Snodgrass Licensed in 1954 Norma Lea Beasley Hon. Theo Bedard Frederick H. Benners Cooper Blankenship Paul M. Brewer Hon. Joe B. Brown Hon. Ben Ellis Robert A. Gwinn Charles W. Hall John M. Hamilton Harold F. Kleinman W.E. Notestine J. Redwine Patterson Benjamin E. Pickering Hon. Robert E. Price Allen P. Schoolfield
Maxel “Bud” Silverberg James C. Tubb John R. Wright Licensed in 1955 Winston L. Adkins Hon. Ted M. Akin John C. Biggers Charles D. Cabaniss Thomas N. Griffith Jess T. Hay Lawrence P. Hochberg Jack Pew Jr. Anthony G. Riddlesperger Forrest Smith Robb Stewart Lee D. Vendig Licensed in 1956 Benjamin R. Collier John L.Estes Frank Finn Merle R. Flagg Richard A. Freling Joseph J. French Jr. Roger A. Hansen Frank S. La Barba Jr. Marvin L. Levin Wilmer D. Masterson Elton M. Montgomery Hobert Price Jr. Frank Tupper Smith Jr. Sidney Stahl Claude R. Wilson Jr. Gerry N. Wren Licensed in 1957 Barton E. Bernstein William F. Bowles Don T. Cates Frank W. Elliott Jerry C. Gilmore Ivan Irwin Jr. Tom James William C. Koons Edward J. Lynch Bernard C. McGuire Kenneth J. Mighell Harold E. Moore Neil J. O’Brien William D. Powell Ronald Roberts Morton A. Rudberg Merlyn D. Sampels J. Richard Sanderson Clay C. Scott Jr. Carl A. Skibell Jason B. Sowell Jr.
Hon. Milton Sturman Robert H. Thomas Louis J. Weber Jr. Licensed in 1958 Burt Berry Walton P. Bondies Jr. R.W. Calloway Leland W. Carter Robert C. Cox Robert Edwin Davis F. Lynn Estep Jr. Robert (Jim) Foreman Ben A. Goff John W. Hicks Jr. Bill C. Hunter Jerry Lastelick John H. McElhaney Robert H. Power William T. Satterwhite Harry R. Shawver Jr. Dan W. Stansbury Robert C. Taylor Jack R. Wahlquist Emory L. White Jr. Barney T. Young Norman A. Zable Licensed in 1959 Webber W. Beall Jr. Tom A. Blakeley Jr. Allen Butler Marshall J. Doke Jr. Robert A. Fanning Frederick W. Fraley III Larry L. Gollaher James J. Hartnett Jack W. Hawkins Norman P. Hines Jr. James H. “Blackie” Holmes III Herbert L. Hooks Ray Hutchison Jerry P. Jones Jack M. Little George R. Milner George David Neal Donald F. Padgett Spencer C. Relyea III Paul L. Salzberger Edwin M. Sigel Joe A. Stalcup Charles M. Supple
8 He a d n o t e s l D a l l a s B a r A s s o c iation
Focus
October 2009
Tort & Insurance Law
Coverage for Punitive Damages By Veronica M. Bates
T
he question of whether punitive damages are covered by general liability policies under Texas law remained unresolved for decades. But in 2008, both the Texas Supreme Court and the Fifth Circuit issued opinions regarding insurance coverage for punitive damages. The end result is coverage for punitive damages is determined on a case-by-case basis, depending on the policy language and the severity of the underlying facts. In other words, punitive damages are generally covered unless the underlying facts are so egregious that to allow the insured to avoid responsibility for its conduct would violate public policy. In Fairfield Ins. Co. v. Stephens Martin Paving, LP, 246 S.W.3d 653 (Tex. 2008) the Texas Supreme Court answered the following certified question for the Fifth Circuit Court of Appeals: “Does Texas public policy prohibit a liability insurance provider from indemnifying an award for punitive damages imposed on its insured because of gross negligence?” In the underlying matter, Roy Edward Bennett died as a result of injuries sustained on the job. Bennett’s employer, Stephens Martin Paving, had an insurance policy with Fairfield Insurance Company that contained workers’ compensation and employer’s liability coverage. Fairfield paid workers’ compensation benefits under the policy. Bennett’s survivors then sued Stephens Martin Paving for gross negligence, seeking exemplary damages. Fairfield filed a declaratory judgment action in federal district court asserting it owed no duty to defend or indemnify Stephens Martin Paving in the suit for exemplary damages. The Texas Supreme Court held that the determination of whether exemplary damages for gross negligence are insurable requires a two-step analysis.
First, a court must determine whether the plain language of the policy covers exemplary damages sought in the underlying lawsuit against the insured. If the policy does provide coverage, the court must then determine if the public policy of Texas allows or prohibits coverage in the circumstances of the suit against the insured. The Court noted that a workers’ compensation insurance policy provides two types of insurance coverage‑workers’ compensation insurance and employer’s liability coverage‑and under this dual policy scheme, an employer would have coverage for workers’ compensation claims and claims for gross negligence. The Court then held that Texas public policy would not prohibit insurance coverage of exemplary damages for gross negligence in the workers’ compensation context with respect to the underlying facts and the type of employer’s liability policy at issue before it. In American International Specialty Lines Ins. Co. v. Res-Care Inc., 529 F.3d 649, (5th Cir. 2008), the Fifth Circuit applied the factors set out in Fairfield and held that due to the specific circumstances of that case, coverage for punitive damages did violate public policy. The underlying claim involved a group home that provides services for mentally disabled individuals. One of its residents, Trenia Wright, was a 37-year-old woman with cerebral palsy and mental disabilities. Ms. Wright fell in the hallway one evening and defecated on the floor. An employee poured a mixture of undiluted bleach and another cleaner onto the floor and left Ms. Wright soaking in the chemicals for hours. The following days were marked with gross mistakes on the part of the home’s staff with regard to the care of Ms. Wright, resulting in her death four days after the initial incident. The employee was later convicted. The Fifth Circuit followed the
Maximize Your Membership in the DBA! Join up to 3 DBA committees in 2010, and discover great networking opportunities —at no extra charge! Choose the committees in which you want to participate in 2010. Visit the DBA Web site at www.dallasbar.org and click on the “Members Only” section to access the “Committee Preferences” link. Members must indicate their preferences by October 23.
Even if you are serving on a particular committee now, you must re-join for 2010. For questions, contact Kathryn Tarangioli at KTarangioli@dallasbar.org.
High School Mock Trial Volunteers Needed! Earn CLE credit!
Fairfield test, noting that the Texas Supreme Court expressed reservations for providing insurance coverage for “extreme circumstances” that could encourage reckless conduct. The court concluded that such circumstances were present in this case, since all defendants were alleged to be grossly negligent, not only for direct participation in the bleach incident, but also for failure to take reasonable steps to prevent the situation from occurring and for failure to alleviate the harm immediately afterward. The court concluded that the circumstances were so extreme “that the purposes of punishment and deterrence of conscious indifference outweigh the normally strong public policy of permitting the right to contract between insurer and insured.” The
court further noted: “[T]his case demonstrates the kind of ‘avoidable conduct that causes injury’ where public policy is best served by requiring the insured to bear the costs of punitive damages.” The two-part test in Fairfield provides guidance to practitioners in determining whether an insurance policy will provide coverage for punitive damages. If the policy language does not prohibit such coverage, then each case must be analyzed on its own facts to determine whether the conduct is so extreme that public policy would pro HN hibit insurance coverage. Veronica M. Bates is a founding partner at Hermes Sargent Bates. She dedicates her practice to insurance-related matters and is a member of the Tort & Insurance Section of the Dallas Bar. She can be contacted at veronica.bates@ hsblaw.com.
SAVE THE DATE
Dallas Bar Association’s New Member Reception Look for your invitation to join us for a
Mardi Gras Feast
Honoring New DBA members & Newly Licensed Attorneys
Thursday, November 19, 2009 5:30 p.m. — 7:30 p.m. The Belo Mansion For more information please contact: Kim Watson, Membership Coordinator kwatson@dallasbar.org or (214) 220-7414
DVAP’s Finest Stephanie Powell
Stephanie Powell is a sole practitioner. She has been working with DVAP since 2007 and has handled more than 15 cases, including divorce, SAPCR, adoption, probate, and modification of Texas orders. Through volunteering with DVAP, Stephanie has been able to assist clients who were in the midst of very daunting situations. “I am very grateful to the DVAP mentor attorneys for their assistance and to DVAP for providing an opportunity to give back to my community,” she says.
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x3316.
Volunteers are needed to evaluate teams in the High School Mock Trial competitions held January, February and March 2010. Min. 3 hr. commitment per trial.
Sign-up on-line at www.dallasbar.org/thsmtc or contact Amy Smith at asmith@dallasbar.org.
A joint legal aid program of the Dallas Bar Association and Legal Aid of NorthWest Texas (formerly Legal Services of North Texas).
October 2009
Focus
D al l as Bar A ssoci ati on l Headnotes 9
Tort & Insurance Law
Right to Contribution and Equitable Subrogation By Craig Crafton
I
n Mid-Continent Insurance Co. v. Liberty Mutual Insurance Co., 236 S.W.3d 765 (Tex. 2007), the Texas Supreme Court ruled on the rights of co-insurers when there is a settlement. In Mid-Continent, two insurance companies separately provided primary insurance coverage to the same insured and cooperatively assumed the defense of a negligence suit against the insured. Mid-Continent and Liberty valued the negligence suit differently, resulting in Liberty paying substantially more than Mid-Continent. After settlement, Liberty sued to recover the difference. The Texas Supreme Court held that, with regard to settlement proceeds, there is no right of contribution between insurers because a direct claim for contribution between co-insurers disappears when the insurance policies contain “other insurance” or “pro rata” clauses. The Supreme Court further held that a subrogated insurer must sue on rights it has from its insured. The insurer stands in the shoes of the insured and obtains only those rights held by the insured against a third party. Equitable subroga-
tion is granted to an insurer to prevent a double recovery by the insured. Contractual subrogation, in contrast, is created by an agreement or contract that grants the right to pursue reimbursement from a third party. However, the Mid-Continent court noted that having a right to subrogation is distinct from the ability to recover under that right. Regarding contractual subrogation, the court stated: “A fully indemnified insured has no right to recover an additional pro rata portion of settlement from an insurer regardless of that insurer’s contribution to the settlement. Having fully recovered its loss, an insured has no contractual rights that a co-insurer may assert against another co-insurer in subrogation.” Further, the Court stated that “equity does not demand a different result.” See also Bay Rock Operating Co. v. St. Paul Surplus Lines Ins. Co., 2009 WL 856040 (Tex. App.—San Antonio 2009)(contractual subrogation right pursuant to its insurance policy controls and equitable principles do not come into play.) The Supreme Court, however, left open a crack in the door to post-settlement recovery among insurers: “When
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an insured is covered by multiple policies containing pro rata clauses, and the insured has not been fully indemnified, the insured may enforce this contractual obligation to recover the multiple insurers’ shares of the covered loss….” Subsequent insurance coverage cases have refined the application of Mid-Continent: n Lexington Ins. Co. v. Chicago Ins. Co., 2008 WL 3538700 (S.D. Tex. Aug. 8, 2008)(J. Rosenthal)(unpublished) - Lexington contributed to settlement in an underlying suit, later asserting that its policy did not cover the settled claims and demanding reimbursement from Chicago. The Court determined that both policies provided coverage and, citing Mid-Continent, held that the insured was fully indemnified in the underlying lawsuit. Because the insured was fully indemnified, Lexington had no cause of action to assert against Chicago. n Nautilus Ins. Co. v. Pacific Employers Ins. Co., 2008 U.S. App. LEXIS 25523 (5th Cir. Dec. 16, 2008) - Settlement of the cases fully indemnified the insured, EOG. Because EOG had no rights to enforce against Pacific, Nautilus could not stand in EOG’s shoes and recover from Pacific. n Duininck Bros., Inc. v. Howe Precast, Inc., Civ. A. No. 4:06-cv-00441 (E.D. Tex. Sept. 19, 2008)(J. Schell) (unpublished) – Here, in contrast, Duininck had not been fully indemnified. Thus, the court applied Mid-Continent in holding that “because Duininck possesses a contractual right to indemnity against its insurer, both Duininck
and Howe’s insurer have a right of reimbursement against Duininck’s insurer.” n Arrowood Indemnity Co. v. Gulf Underwriters Ins. Co. and Great West Cas. Co., 2008 WL 5686082 (W.D. Tex. Dec. 19, 2008) (J. Briones) (unpublished) - Arrowood sought reimbursement for amounts expended for defense and indemnity for uncovered claims. The Court denied Great West’s motion to dismiss under F.R.C.P. 12(b) (1), which argued that Mid-Continent had nullified a co-primary insurer’s ability to seek reimbursement from another alleged co-primary insurer under any contractual or equitable theory. Mid-Continent held that no right to contribution exists if other insurance clauses apply. In addition, Mid-Continent reduced an insurer’s ability, after the insured is fully indemnified, to recover from a co-insurer for settlement amounts paid. However, the courts in Lexington, Duininck and Arrowood have held the door open; under certain factual scenarios, if the insured is not fully indemnified, a right to subrogation exists. The right can arise contractually or equitably, depending on the insured’s rights against the insurance carriers. However, because of the reduced right to reimbursement, when there is a non- or under-participating insurer, a declaratory judgment action, prior to the insured being fully indemnified, may be necessary to preserve an insurer’s reimbursement rights HN as to another insurer. Craig Crafton is an associate in the Insurance Section of the Dallas office of Cozen O’Connor. He can be contacted at ccrafton@ cozen.com.
Justinian Award Nominations Due Soon The 28th Annual Justinian Award will be presented in April 2010 at the Belo Mansion. The Dallas Lawyers Auxiliary is seeking nominations for this prestigious award which is given annually to a member of the Dallas Bar Association who has dedicated his or her career to volunteer service through civic, educational, health, welfare or philanthropic endeavors in the Dallas community. • Are you a government lawyer? • Do you represent governmental entities in your legal practice? • Are you interested in issues pertaining to governmental entities and wish to network with government lawyers? For just $10 all DBA members can become charter members of the NEW DBA Government Lawyers Section. Joining is easy—simply fill out the 2010 DBA Dues Statement and mail it back to the DBA, or join on-line at www.dallasbar.org.
The recipient will be chosen by a panel of distinguished non-lawyer community leaders. Attorneys serving in public office or candidates for public office are not eligible. Please consider nominating one of the many outstanding attorneys in the community for the Justinian Award. Past recipients include lawyers from large and small firms, solo practitioners, and corporate attorneys. Nominations must be submitted in writing no later than January 1, 2010, to Jan Lamoreaux, 3883 Les Lacs Ave., Addison, TX 75001, or by e-mail at janlam@tx.rr.com.
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10 H e a d n o t e s l D a l l a s B a r A ss ociation
Focus
October 2009
Tort & Insurance Law
Designating Responsible Third Parties By Dan Callahan and Bryon Romine
I
n 2003, the Texas legislature made wholesale changes to proportionate responsibility law as part of the tort reform measures in House Bill 4. Most notably, Civil Practices & Remedies Code Section 33.004 was revised to permit the designation of responsible third parties (“RTP”). A defendant may now designate an RTP by filing a motion for leave to designate. An RTP is defined as any person who is alleged to have caused or contributed to the harm causing a plaintiff’s damages. The motion must be filed 60 days before trial, unless excused for good cause. A court must grant leave to designate the RTP unless an objection is filed within 15 days after the motion is served. Even if a timely objection is made, a court must grant leave to designate, unless the objecting party establishes that the defendant failed to allege sufficient facts to show an RTP’s responsibility. Any person may be designated as an RTP, including bankrupts or persons over whom the court lacks jurisdiction. Unknown persons, including criminals who may have caused a plaintiff’s loss or injury, may be designated as John or Jane Does until their identity is known. Although the statute does not require joinder, a plaintiff has 60 days after a person is designated an RTP to seek to join the person as party to the case, even if joinder would otherwise be barred by limitations. In construing a statute, Texas courts have looked to the plain meaning of its language. Thus, in order for a RTP to be apportioned responsibility, not only must a motion be filed, the court must issue an
order designating the RTP. In addition, the statute cannot be used to revive claims barred by the statute of repose, unlike those barred by the statute of limitations. The RTP statute is widely recognized as defense-oriented. However, authorizing claims barred by the statute of limitations clearly benefits plaintiffs. This provision may have had unintended consequences. In Flack v. Hanke, No. 04-08-00177CV, 2009 Tex. App. LEXIS 3639, Flack sued Hanke within the limitations period. After limitations expired, Flack and Hanke entered a settlement agreement under which Hanke agreed to designate Flack’s lawyers as RTPs who Flack could then join as defendants in the case. After the lawyers were joined, Flack dismissed its claims against Hanke. The Court recognized that the agreement was part of a strategy to avoid the statute of limitations, but held that the statute did not prohibit such collusion. Defendants in cases pending in federal court have also sought to use the RTP. Whether RTPs can be designated in such cases is a question that does not yet have a definitive answer. The Fifth Circuit has not addressed the question directly. The only Fifth Circuit opinion to mention the statute is In re Volkswagen, 371 F.3d 201 (5th Cir. 2004), a venue case where the RTPs were actually joined as parties. Federal district courts throughout the state are divided, although the trend in recent cases is clearly to permit designation. Some federal district courts have held that RTPs cannot be designated under Section 33.004, emphasizing that Federal Rule of Civil Procedure 14 controls under the Erie Doctrine, because joinder is a pro-
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cedural vehicle, not a substantive right. These cases do not directly address the fact that Section 33.004 does not require RTP to be joined as parties to the case. Other federal district courts allow the designation and emphasize that the current Section 33.004 does not conflict with FRCP 14 because under the Texas statute joinder is not required. These cases do not directly address the significance of §33.004(g), which provides that the motion to designate must com-
ply with the Texas Rules of Civil Procedure. Until the Fifth Circuit resolves this question, defendants will likely continue to seek to designate RTPs and plaintiffs will continue to oppose such designation, HN each party preserving error. Dan Callahan is a shareholder with Kessler Collins, P.C. whose practice focuses on commercial litigation and creditor’s rights. Bryon L. Romine, a member of the DBA Publications Committee, is also an attorney at the firm. His focus is commercial litigation and professional malpractice. Contact them at dpc@kesslercollins.com and blr@kesslercollins.com.
Excellence in Legal Reporting to be Honored continued from page 1
that will consider a wide range of issues, including competition, consumer protection and First Amendment perspectives, and the variety of governmental policies—including antitrust, copyright and tax policy—that are being considered for journalism to thrive. Ms. DeSanti was a partner at Sonnenschein Nath & Rosenthal in the Antitrust, Competition and Marketing Practices group in Washington, D.C. She has practiced antitrust law for more than 25 years. After spending her first 10 years in private practice deal-
ing with litigation, complex antitrust cases, handling mergers, and providing antitrust counseling, Ms. DeSanti spent 15 years with the FTC where she currently serves as Director of Policy Planning. DBA members can reserve their seats now for the Stephen Philbin Awards Luncheon on Tuesday, Oct. 13. Tickets are $25; or tables of 10 can be purchased for $250. No walk-ins will be allowed. Contact Judi Smalling at 214220-7452 (or at JSmalling@dallasbar. HN org) to purchase tickets.
Jessica D. Smith is the DBA’s Communications/Media Director.
Dallas Asian American Bar Association’s Awards Reception KEYNOTE SPEAKER: Gary F. Kennedy, Sr. Vice President, American Airlines Thursday, October 22 VIP Reception ~ 5:30-6:30 p.m. Awards Reception ~ 6:30-8:30 p.m. The Old Red Courthouse Downtown Dallas Bar For more information, log on to www.daaba.org or contact Wei Wei Jeang at WeiWei.Jeang@haynesboone.com
Runner-Up Receives From Neiman Marcus $1,000 Gift Card, Lunch for Four at NM Café And Custom Natura Bisse Gift Basket Second Runner-Up Receives From Bachendorf’s A Bachendorf’s Stainless Steel All Swiss Automatic Day-Date Water-Resistant Watch Raffle tickets are $100 each — or 6 tickets for $500. Proceeds benefit the Dallas Volunteer Attorney Program, which provides legal services to the less fortunate in our community. No more than 1,500 tickets will be sold. Purchase raffle tickets online at https://www.dallasbar.org/dvap/raffle.asp or at the DBA offices at the Belo Mansion (2101 Ross Avenue, Dallas, TX 75201).
Drawing will be held at the DBA Inaugural Ball on January 23, 2010. The winner need not be present to win. The winner is responsible for all taxes, title and licensing. Prize is non-transferable. No cash option is available.
October 2009
Dal l as Bar A ssoci ati on l Headnotes 11
The Attorney-Client Privilege in Will & Trust Contests By Mark Sales, Philip Lindquist and Christine Nowak
D
oes the attorney-client privilege apply in will and trust contests to protect communications made between a decedent and his lawyer during life? Suppose Father’s original estate plan left half of his assets to his Son and half to his Daughter. Father had previously told his lawyer that he and his late wife had a written agreement to treat their two children equally. A few years later, when Father was suffering from the early stages of Alzheimer’s, Father had a falling out with Daughter, prompting Father to make a new will leaving everything to Son. Following Father’s death, Daughter challenged the will and sought discovery from father’s estate planning counsel. Daughter’s success in getting discovery of those attorney-client communications turns on the nature of her claim. Normally, the attorney-client privilege survives the death of a client and may be asserted by a decedent’s personal representative. But certain exceptions to this rule are recognized in Texas, including the “testamentary exception” under Rule 503(d)(2). That rule provides that “there is no privilege…[a]s to a communication relevant to an issue between parties who claim through the same deceased client.” Tex. R. Evid. 503 (emphasis added). Will and trust contestants routinely argue that this exception is applicable to any and all disputes involving a decedent’s estate, permitting wholesale discovery from counsel of a deceased client’s estate planning files. But the tes-
tamentary exception to the attorneyclient privilege is narrower in scope and is limited to disputes between parties who claim “through” the same deceased client. The exception does not apply to actions where the dispute is between the estate and parties claiming “against” the estate. Scant case law exists in Texas addressing this important distinction between parties claiming through a decedent and parties claiming against a Texas estate. In the 2002 opinion In Re Texas A&M-Corpus Christi Foundation, Inc., the Corpus Christi Court of Appeals commented on their inability to find any “cases construing the parameters of this exception [Rule 503(d)(2)].” A donor had made an inter vivos gift of $2 million to Texas A&MCorpus Christi Foundation. After the donor’s death, the executors of the estate claimed that she lacked mental capacity and was wrongfully induced to make the gift. The Foundation in response sought to depose the two attorneys who had worked with the donor on estate planning issues before the contested inter vivos gift was made. The discovery related to the donor’s “longstanding intentions to make [the] gift…and her mental acumen shortly before [the] gift was actually made.” The Executors objected, asserting the attorneys were prohibited from responding to discovery because of the attorney-client privilege. On appeal, the court concluded that pursuant to Rule 503(d)(2), the attorney-client privilege did not bar the discovery. The court rationalized that the discovery was relevant to an issue between parties claiming through
the same deceased client – i.e. the duly appointed executor and the inter vivos donee of the decedent. Against this backdrop, consider the Nevada Supreme Court’s holding in Clark v. Second Judicial District Court, where the decedent’s ex-wife brought suit against the decedent’ estate. She sought the imposition of a constructive trust for the decedent’s breach of an oral contract to make a will. The ex-wife claimed the decedent had contracted at the time of their divorce to leave her a million dollars. In support of her claim, she sought production of any prior wills or codicils (or drafts thereof) and also to depose decedent’s estate planning counsel regarding the preparation of such wills. The court, on application for a writ of mandamus, found that the ex-wife must necessarily be considered adverse to the estate because “the essence of her claims [was for] breach of contract and misrepresentation by the decedent.” She was not claiming under or though
the decedent by virtue of an executed will, but rather was seeking to enforce a claim against or adverse to the interests of decedent’s estate. Construing these cases together, it is apparent that the testamentary exception to the attorney-client privilege applies where a party claims by or “through” the decedent, but not where the claim is based solely on an alleged contract or a tort claim “against” the decedent’s estate. So Daughter, in the beginning hypothetical seeking discovery from Father’s attorney, should succeed to the extent she seeks evidence that Father lacked competency when he changed his will. But she should fail to the extent she seeks evidence that Father breached his promise to treat HN Son and Daughter equally. Mark Sales and Philip Lindquist are partners with K&L Gates, LLP, and Christine Nowak is an associate with the firm. Their practice, collectively, focuses on the areas of estate planning and probate, trust and fiduciary duty litigation. They can be reached at mark.sales@klgates.com, phil.lindquist@klgates. com and christine.nowak@klgates.com, respectively.
EVENING ETHICS
Tuesday, October 27 ~ 6 to 9:30 p.m. At the Belo Mansion SPEAKERS * George Bowles * Quentin Brogdon * Ada Brown * Robert E. Davis * * Nina Cortell * Laura B. Geisler * Robert C. Hinton Jr. * Thomas L. Mighell* * Daniel J. Sheehan * Nancy Thursby * Justice Kerry FitzGerald (moderator) * No charge for DBA members. • ($65 for non-members). • $10 light buffet available. (MCLE 3.50–Ethics pending)
Register by October 19. Contact KTarangioli@dallasbar.org.
Texas Rule of Law Conference
Available NOW!
Tuesday, October 20 ~ Noon to 5 p.m. (4.5 MCLE, including 1.5 Ethics) At the Belo Mansion. Reception to follow.
KEYNOTE SPEAKER: CHIP PITTS Lecturer in Law, Stanford Law School, and board president of the Bill of Rights Defense Committee, and former chair of Amnesty International USA Audience to include a broad range of professions, including architecture, business, education, engineering, environment, human rights, labor, media, the military, health care, public safety, and religion. Organized by the DBA in cooperation with the ABA World Justice Project. No cost. RSVP to Kathryn Tarangioli at ktarangioli@dallasbar.org.
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12 H e a d n o t e s l D a l l a s B a r A ss ociation
Focus
October 2009
Tort & Insurance Law
It’s Good to Be an ‘Innocent’ Seller in Texas By Jonathan M. Spigel
A
Texas statute – Chapter 82 of the Texas Civil Practices and Remedies Code, enacted in 1993 – provides various benefits and protections to “innocent” sellers who often get named as defendants in product liability suits. To take advantage of those benefits and protections, however, the seller must be a truly “innocent” seller.
Key Definitions
To be an “innocent” seller under Chapter 82, the lawsuit must be a qualified “products liability action.” Chapter 82 broadly defines a “products liability action” as “any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product.” This applies whether the action is based in strict tort or products liability, negligence, or any other theory or combination of theories. In other words, no matter how the causes of action are set forth in the petition, as long as the suit is based, in part, on an allegedly defective product, Chapter 82 will most likely treat it as a “products liability action.” “Seller” is also broadly defined as “a person who is engaged in the business of distributing or otherwise placing, for any commercial purpose, in the stream of commerce for use or consumption a product or any component part thereof.” Finally, Chapter 82 defines “manufacturer” as “a person who is a designer, formulator, constructor, rebuilder, fabricator, producer, compounder, processor, or assembler of any product or any component part thereof and who places the product or any component part thereof in the stream of commerce.”
“Innocent” Sellers
“Innocent” sellers are defined in the negative – by those actions or characteristics that would exclude a seller from that designation. An innocent seller is one that did not manufacture the product in question, did not partic-
ipate in its design, and did not alter or modify the product (where such alteration and/or modification allegedly caused the claimant’s injuries, death or property damage). In addition, an innocent seller did not install the product (where the installation allegedly caused the claimant’s injuries, death, or property damage), and did not exercise substantial control over the content of the product’s warnings or instructions (if allegedly inadequate and caused the claimant’s injuries, death, or property damage). Finally, an innocent seller did not make any incorrect, express factual representations concerning the product that the claimant relied upon to his/her detriment, and did not have actual knowledge of the product’s alleged injury-producing defect at the time the seller supplied the product to the claimant.
that the party is not innocent (i.e., has independent liability), and therefore is not entitled to Chapter 82’s indemnification benefits and protections. Texas appellate decisions interpreting Chapter 82 acknowledge that the statute is quite “seller-friendly.” They have confirmed a “seller’s” right to indemnity from the product manufacturer in several instances: (1) the “seller” was not even in the chain of distribution of the product (but was named as a defendant anyway); (2) the product manufacturer did not manufacture the subject product, but made similar products; and (3) no proof of a product defect was required. When litigating a case involving multiple allegedly defective component products of a finished product, things
can get complicated. For instance, a component part manufacturer can be both a manufacturer owing indemnity to a “seller” or other entity in the distribution chain, but it can also be a “seller” entitled to indemnity from the finished product manufacturer, and sometimes those duties can offset. In sum, when representing a product manufacturer faced with a Chapter 82 indemnification demand by a “seller,” or when representing a product “seller” that may have a valid indemnification claim, you would be well-served to consult Chapter 82 to advise your client on HN its rights and obligations. Jonathan M. Spigel is a shareholder with Cowles & Thompson, P.C. and serves as the section head for the firm’s Tort Litigation and Insurance Section. He can be reached at jspigel@cowlesthompson.com.
Manufacturer’s Duty
Once a product distributor/retailer establishes itself as an innocent “seller” and is named as a defendant in a “products liability action,” the product manufacturer must indemnify the innocent “seller.” This includes court costs, other reasonable litigation expenses, reasonable attorney’s fees, and any other reasonable damages incurred by the “seller” to enforce its right to indemnification. This right includes settlement funds paid and certain damages included in a final judgment. This latter category of damages is deemed presumptively reasonable. The manufacturer’s duty to indemnify applies without regard to how and when the “products liability action” is concluded and is in addition to any other duty to indemnify established by law, contract, or otherwise. In essence, from the innocent “seller’s” standpoint, one takes an insurance coverage-type approach. If, within the four corners of the petition, the claims are grounded in a “products liability action,” the manufacturer’s duty to indemnify is triggered. However, if the “manufacturer” wants to contest the “innocent seller” status, the “manufacturer” has a much higher burden. It must obtain a finding (i.e., litigate the issue to trial)
DBA’s Annual Halloween Blood Drive & Seasonal Flu Shots Friday, October 30 From 9 a.m. to 4 p.m. at the Belo Mansion Please have a good meal, drink plenty of fluids before your donation, and bring your photo ID. Reserve the best time for you and your firm today. Visit www.dallasbar.org. For more information, contact Teddi Rivas at 214-220-7447 or TRivas@dallasbar.org.
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October 2009
Dal l as Bar A ssoci ati on l Headnotes 13
Ramirez a Model of Non-Party Subpoenas in Texas Courts and Arbitration Professionalism By Aimée D. Johnson
S
o you are embroiled in arbitration or litigation but the key non-party witness is located outside of subpoena range or across the Texas state line. Now what? Nonparty discovery in Texas state court or in arbitration can be expensive, timeconsuming, or not available at all. To avoid the need for reading this article, first determine if your non-party witness is friendly and will work with you without the need for a subpoena. Not friendly? Read on.
Out-of-State Discovery for a Texas Lawsuit
Because there is no uniformity among state courts, seeking this discovery will necessitate looking at both Texas procedure and the procedure of the state where the action is pending. (Few states have adopted the Uniform Foreign Depositions Act.) Under Tex. R. Civ. P. 201.1(a), Texas allows such depositions through a notice, letter rogatory or “other such device,” among other things, but the other state may limit what it will recognize from Texas. First, determine what the other state requires. That could be, among other things, a letter rogatory or commission, a deposition notice filed with the Court or the filing of an ancillary action. Contacting the court clerks in the sister state is often helpful. (A good resource for contact information is www.ncsconline.org/D_KIS/ info_court_web_sites.html.) Then, if needed, file a motion with the Texas court requesting it to grant relief in the form required by the other state.
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Discovery in Texas for an Out-of-State Lawsuit
Seeking non-party discovery in Texas also requires close examination of the procedural rules of Texas and the other state involved. Texas courts recognize a “mandate, writ, or commission” from another state for depositions of witnesses in Texas. Tex. R. Civ. P. 201.2; Tex. Civ. Prac. Rem. Code § 20.002. Obtain the commission detailing exactly what form of discovery is needed from the state where the action is pending. Then file an ancillary lawsuit in Texas (commonly entitled a “Suit to Perpetuate Testimony in Outof-State Action”) attaching the commission. A Texas subpoena may then be issued under the caption of that ancillary Texas action. The Texas court may now be petitioned for assistance obtaining compliance with the subpoena. Contacting the applicable Texas court clerk may provide additional information on procedural variations. (The Clerks of Texas Courts website provides contact information at www.txlaw.org/ clerks.html.)
Pre-Hearing Discovery Under the Federal Arbitration Act
Under the FAA, arbitrators are empowered to summon “any person” as a witness and request documents which may be deemed material as evidence in the case. The summons “shall be served in the same manner as subpoenas to appear and testify before the court.” 9 U.S.C. § 7. Arbitrator subpoenas may be enforced by a Federal district court where the arbitrators are located. This creates a jurisdictional gap when the non-party is located more than 100 miles from the arbitrators. Fed. R. Civ. P. 45(b)(2). Federal circuit courts disagree on whether pre-hearing subpoenas falling within this gap may be enforced. Compare Dynegy Midstream Serv., LP v. Trammochem, 451 F.3d 89, 96 (2d Cir. 2006) (no jurisdiction) with In re Security Life Ins. Co. of Am., 228 F.3d 865 (8th Cir. 2000) (implicit power). The Fifth Circuit apparently has not decided this issue. To avoid this quagmire, consider the impact of non-party discovery when selecting the location of the arbitration and arbitrators and the arbitration provider. For example, some argue that JAMS Rule 21(b) fills that gap.
Pre-Hearing Discovery Under the Texas Arbitration Act
The TAA specifically provides for pre-hearing discovery in arbitration. Tex. Civ. Prac. & Rem. Code § 171.051. Unfortunately, it is unclear how to get that discovery if the witness is more than 150 miles from the arbitration location. Tex. R. Civ. P. 176.3(a). If the witness is in Texas but outside the 150-mile bubble, then you may need to file an ancillary action (as described above) in the Texas district where the witness resides, based on your arbitrator-issued subpoena, and then serve a subpoena with that caption. If the witness is out-of-state and that state will not enforce an arbitrator-issued subpoena, file an ancillary action where the arbitration is pending, attaching your arbitrator-issued subpoena, request a commission (or whatever is required by the sister state), and then follow any additional requirements of the witness’s state. HN
Aimée Johnson is a Senior Associate at Fulbright & Jaworski L.L.P. She dedicates her practice to complex commercial litigation and arbitration and is a member of the Litigation Section of the Dallas Bar. She can be contacted at ajohnson@fulbright.com
continued from page 1
our system of justice. Ramirez was born in Dallas, Texas, on December 24, 1940. He spent his early years in Nuevo Laredo, Mexico, and Laredo, Texas, where his father operated a customs brokerage business. His family returned to Dallas when he was in the third grade to help his grandmother operate the family restaurant business, Luna’s Tortilla Factory. Ramirez worked in his uncle’s restaurant washing dishes, waiting tables and cooking in the summer while in school. When he was 15, despite his protests that he had no driver’s license, his grandmother began using him as a substitute delivery driver. She told him that if he were stopped, he should just tell the police that he was working. Yet, she would not loan him the car for dates because he had no driver’s license. As a child, Ramirez’s father described attorneys to him as professionals “in whom people entrust their confidences.” His father encouraged him to obtain a good education, telling Ramirez that “education is something no one can take from you.” That was when Ramirez decided that he wanted to be a lawyer. Ramirez attended Crozier Tech High School in the oldest remaining Dallas high school building, now a historical landmark. He then attended Texas A&M University where he obtained a business degree in 1962. After graduating from Texas A&M, he went on to obtain his law degree from the University of Texas in 1965. Although his father encouraged him to pursue a law degree, he did not receive the same encouragement from his grandmother. His grandmother had planned for Ramirez to work in management of the family business after he graduated from A&M. When he informed his grandmother that he would be attending law school instead, she said, “You’re just trying to get out of work. A man is supposed to work.” His grandmother disowned him for a time, but later changed her mind after Ramirez became a successful business attorney. Ramirez was certainly no slacker. He worked full-time while carrying a full load in law school. At the time he graduated from law school, it was virtually impossible for a Hispanic attorney to get a job at a law firm in Dallas. Thus, he hung out his shingle, becoming only the seventh Hispanic lawyer to practice in Dallas. Ramirez had always wanted to practice corporate law, but initially
started out taking anything that came in the door. To put bread on the table, Ramirez met as many lawyers as he could and told them that he would take $50 to bail a client out of jail anytime, day or night. While he was a young attorney, he traveled to Monterrey, Mexico, with a Dallas lawyer from whom he was renting office space to interpret for a purchase the lawyer was making. It dawned on him that because he was bi-lingual, he should market himself as an international lawyer. After three years of taking any case that came through the door, Ramirez got his break in 1968 when he was asked by Ricardo Abarca, an Under Secretary of State for Mexico, to represent a Mexican government-owned airline in connection with the seizure of airplanes by a U.S. bank because of a default on a loan. Ramirez was able to negotiate a deal for the release of the aircraft. As a result of his success in negotiating the release, the referrals began rolling in and Ramirez developed a reputation as the go-to lawyer for Mexican businesses needing representation in Dallas. Ramirez is a supporter of the arts. He was formerly the President of the American Museum of Miniature Arts, and is currently on the Board for the International Museum of Culture, which is proactive in demonstrating the evolution and development of education in primitive cultures. Ramirez and his wife, Linda, have been married for 23 years. Ramirez has three children and 10 grandchildren. He says his grandchildren are the most important thing in life to him now. Ramirez is active in the Dallas Bar Association, where he is Chair of the Senior Lawyers Committee and is a member of the Committee for a Qualified Judiciary. He is one of the six founders of the Dallas Hispanic Bar Association and was the first president of the International Lawyers Association, the predecessor to the Dallas Bar Association Section of International Law. At 68-years-old, Ramirez still handles a full case load. His firm practices from offices in Dallas and Mexico City in the areas of cross-border transactions, commercial real estate transactions, commercial litigation, immigration and condemnation proceedings. Ramirez has no plans to retire. He enjoys the practice of law so much that HN he sees no reason to stop.
Vincent Allen is a Partner at Carstens & Cahoon, L.L.P. He dedicates his practice to intellectual property and aviation law. He is a Vice Chair of the Publications Committee of the Dallas Bar Association. He can be contacted at allen@cclaw.com.
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14 H e a d n o t e s l D a l l a s B a r A ss ociation
In the News
October 2009
October
ON THE MOVE
Nathan T. Anderson has joined O’Neil Anderson as partner in the firm. Demarron A. Berkley has joined Gruber Hurst Johansen & Hail, LLP as an associate. R. Heath Cheek has joined Bell Nunnally & Martin LLP as associate in the litigation section. Wilson Chu has joined K&L Gates LLP as a partner. Brent W. Chandler has joined Hermes, Sargent, Bates.
Susan Jordan has opened Jordan Law 701 South Brazos, Suite 900, Austin, TX 78701 (by appointment). Marc D. Katz has joined Andrews Kurth LLP as partner. David A. Krueger has joined Kroney Morse Lan, PC as a shareholder and Brian Merkley has joined the firm as an associate. Kevin J. Muenster has joined Taber Estes Thorne & Carr PLLC as partner. Melanie Kemp Okon has joined the firm as an associate.
G. Edel Cuadra and Israel R. Silvas have joined Godwin Ronquillo PC as associates.
Retired Judge Jay Patterson, formerly of the 101st District Court, has started a mediation practice and can be reached at 214-533-6433 or jayjanp@earthlink. net.
Dan C. Dargene has joined Ogletree, Deakins, Nash, Smoak & Stewart, P.C. as a shareholder.
Kate M. Patrick has joined Munsch Hardt Kopf & Harr, P.C. as an associate.
Erin B. Dempsey has joined Dykema Gossett PLLC as Of Counsel of the Real Estate Practice Group. Clifton M. Freeman has relocated his law office to 10440 N. Central Expwy Suite 1295 Dallas, Texas 75231. Telephone number 214-234-0300. Kelly C. Ganzberger has joined Mullin Law, PC. Chuck Jacaman has joined Condon | Thornton | Sladek | Harrell LLP as partner.
Kevin M. Ross of The Law office of Kevin M. Ross, P.C. has opened an office for the practice of law at 16950 Dallas Parkway, Suite 111, Dallas, Texas 75248, and is Of Counsel to Law Offices of Shawna L. Brown, P.C. Michele C. Spillman has joined Taber Estes Thorne & Carr PLLC as an associate. E. Webb Spradley has joined Haynes & Boone LLP serving as Of Counsel. Vincent P. Slusher has joined DLA Piper as partner.
Michael R. Johnson has joined Goins, Commercial Properties Ad_finalHR.pdf 5/22/09 9:02:52 Underkofler, Crawford & Langdon, LLP,AM Peter K. Wahl has joined Jackson as partner. Walker LLP as a partner.
Kirk D. Willis has joined Helms & Greene, LLC as managing partner. Amy Pollock has joined the firm as partner and Tina E. Tuccelli and Jas Braich have joined as associates.
KUDOS
Virginia C. Alverson of Jackson Walker, L.L.P has been accepted into the class of 2009-2010 Leadership Arts Institute of North Texas Business for Culture and the Arts. Byron Egan of the firm has been awarded the 2009 Burton Award for Legal Achievement. Richard A. Anderson of the Federal Public Defender’s Office was presented a Lifetime Achievement Award by the State Bar of Texas for outstanding contributions to excellence and professionalism at the Advanced Criminal Law seminar in Dallas. Frederick J. Barrow of Littler Mendelson, P.C.has been appointed as Chair of the Council of Chairs for the State Bar of Texas for 2009-2010 Robert Harms Bliss, a sole practitioner in Dallas, has been presented with the Distinguished Texas Real Estate Attorney Lifetime Achievement Award by the Real Estate, Probate and Trust Law Section of the State Bar of Texas. Jonathan S. Blum of Susan G. Komen Breast Cancer Fnd., Inc. has been named vice president, legal and risk management at Susan G. Komen for the Cure®. Michael H. Cooper of Looper Reed & McGraw, P.C., was appointed to serve on the American Institute of Certified Public Accountants (AICPA) Energy Tax Policy Task Force as co-chairman of the Energy Producer Work Group.
Gregory Huffman of Thompson & Knight, LLP, has been elected to the board of the Texas Historical Foundation. Sonya D. Hoskins with Robinson & Hoskins, L.L.P received the 2009 Southern University Law Center Distinguish Alumni Award. She was appointed Assistant Treasurer of the National Bar Association at the NBA’s 84th Annual Convention and is a candidate for President-Elect of the National Bar Association for 2010. Sally A. Longroy and Diane Sumoski of Carrington, Coleman, Sloman & Blumenthal, L.L.P., have been named to new leadership positions in the Section of Litigation of the American Bar Association. Longroy was appointed as a Director of Division II of the Section of Litigation and Sumoski has been named Chair of the Special Committee on Multi-District Litigation. Mark A. Melton of Hunton & Williams LLP has been selected by the Dallas Junior Chamber of Commerce as one of the 2009 “Five Outstanding Young Dallasites. Mary Goodrich Nix of Gordon & Rees, LLP has been selected by the Texas Junior Chamber as an Outstanding Woman of Texas for her management of e-Mentoring, Esq. Christopher J. Parvin of Palmer & Manuel, LLP has elected to Place 4 of the City Council of the City of Cedar Hill, Texas. Jenny L. Womack of the firm has been selected as a 2009 Angel in Adoption by the Congressional Coalition for Adoption Institute in Washington, DC.
October 2009
Dal l as Bar A ssoci ati on l Headnotes 15
Classifieds
October
OFFICE SPACE
the DART rail line runs directly behind the building on Pacific Ave. Take clients to eat dinner at Mortons located in the basement or to eat lunch in the West End Historic District which is within walking distance. Remodeled “Ready To Move In” offices are available and ready for you. Sizes available: 626 sq. ft.up to 5,107 sq. ft. One man offices are also available for a cost of $400.00/ mo. Call Scott Ehley for information at 972-241-3545 or email at sehley@international-capital.com Mention the Ad and receive a moving allowance!
Two offices available for rent in our historic West End building with a secretarial area available as well. Each of the two offices rent at $650 each and the secretarial area would be an additional $500. The two offices can rent individually or as a package. Contact Craig Miley at 214-692-8800 or craig@mileybrown.com. Plano Class “A” Office Space in Legacy Bank Plaza. Access to conference rooms, library, kitchen, computer network, phone service, copier. Garage parking. Executive offices and support staff space available. Email jody.johnson@aj-familylaw.com (972-608-4300).
Hidden in the shadow of CityPlace. For Lease ±4,000 ft. second floor of garden office building at 4225 Office Parkway, two blocks east of Central, one block north of Haskell. Recently remodeled. $13.25 full serve + 40% electric on minimum two-year lease. Some covered parking, nice reception, conference and kitchen. 972-367-6540 or 972-367-6527. pbogner@stoneeagle.com.
Office space available within small real estate law firm located at 4054 McKinney Avenue. The space includes shared break room, copier, fax, DSL & phone equipment. No long term commitment and a total monthly rate of $550.00 Call 214-520-0600. Walnut Glen Tower (Walnut Hill/Central Expwy) Office: Spacious office in relaxed, yet professional 3 lawyer environment, including secretarial station, conference room, kitchen, copier, telephone system, DSL line, garage parking, penthouse view and other amenities. Call (214) 750-1600 for details.
Executive suites. All amenities bundled at one reasonable rate including conference, kitchen, high-speed Internet, T-1 phone rates, Internet fax, receptionist, 24/7 HVAC, 24/7 access, etc. Beautiful ‘A’ garden building in Richardson directly at the DART stop near 75 Central and Spring Valley. Current tenant roster is largely attorneys. 972-367-6540 or 972367-6527. pbogner@stoneeagle.com.
OFFICE SPACE near Victory and West End. 501 Elm Place building has exposed wood beams and original brick walls. The seven story atrium allows for natural light. Located across from the Records Building and the Sixth Floor Museum,
Large offices for rent at very reasonable rentals. Amenities include ample onsite gated parking, oriental garden, large koi pond, cactus garden. Convenient to all Dallas courts and traffic arteries. Onsite management also provides assistance in set-
Making Money Making Movies ‘Boot Camp’ Friday, October 23 from 1 to 6 p.m.
Sponsored by the DBA Sports & Entertainment Law Section
At Poor David’s Pub (1313 South Lamar Street in Dallas) $35 for lawyers (about 4.0 hours CLE) $20 for non-lawyers or with no CLE credit.
Topic: Making Money Making Movies: From Script Acquisition to Film Distribution Register by Friday, October 16, by mailing a check (payable to DBA Sports & Entertainment Law Section) to Marc W. Taubenfeld, c/o McGuire Craddock & Strother C, Lincoln Plaza, 500 N. Akard, Suite 3550, Dallas, TX 75201.
IRS REPRESENTATION
ting up new legal practices. Call 214 9659777 for tour and complimentary lunch. North Dallas Tollway (Galleria area) office space. Hardwood floors and ornate mahogany paneled walls in common areas. One office (approx. 13.5 x 13.5) with built-in mahogany secretarial carrel (located in outer office area). Access to three conference rooms, copier, postage meter and two kitchens. Receptionist services available. Please call Kristi at 972-934-4100. FURNISHED RETAIL OFFICE SPACE IN SOUTH OAK CLIFF. Rent is extremely reasonable and negotiable. Use of conference room included. Office is 9.5’X10.75’. Ideal for an attorney just starting their practice. For more information/pictures: (214) 372-2400 or inquire@thegjlawfirm.com.
SERVICES
Expert consultant/witness- Business organizations, transactions, corporate, nonprofit, alter-ego, conflicts, ethicsAuthor, Texas Corporation Law and The Complete Guide to Nonprofit Corporations, www.knowlespublishing. com; Lawrence G. Newman; (214) 522-7444; lgn@newman-law.com; www. newman-law.com. MEXICAN LAW EXPERT. Attorney, law professor testifying since 1997 in U.S. lawsuits involving Mexican law
issues – Mexican claims/defenses; personal injury; moral damages; forum non conveniens. Co-author, leading treatise in field. J.D., Harvard Law. David Lopez 210-222-9494 / dlopez@ pulmanlaw.com. LexisNexis Customer Conference Coming to Dallas, September 24-25. Register today for the 2009 LexisNexis Practice Management Annual Conference, September 24-25 at the Fairmont Hotel in Dallas. Offering 6 CLEs, this intensive “deep-dive” into practice management offers solutions to improve your firm’s profitability. Take advantage of special reduced registration fee of $99 (use PROMO CODE NEW99 to receive your discount). Join fellow PCLaw™, Time Matters®, Juris® and LexisNexis Total Practice Advantage™ customers for a full range of product training plus peer networking with colleagues facing the same everyday challenges you do. To register visit www. lexisnexis.com/pmac
FOR SALE
DALLAS/BRYAN PLACE - For Sale, 3000 San Jacinto Street, 2-story Victorian house built in 1923, converted to law office in 1982. 3,500 sq.ft. includes 10 offices, reception area, conference room, library, kitchen and 3 baths (1 with shower). 17 parking spaces on site, 9 covered. Owner/Senior Partner of firm is retiring. Call Ken Fuqua 214-828-1900.
Classified Advertising – 2009 Rates & Deadlines Headnotes is mailed monthly to approximately 10,000 attorneys in the Dallas area, and is ideal for announcing available office space, job openings, items for sale, services, etc. DBA Member Rates: 40 words or less $80; 41-60 words; $112; 61-100 words $140. Non-Member Rates: 40 words or less $128; 41-60 words; $160; 61-100 words $190. Web Page Rates: Classified ads which run in Headnotes can also be posted on the DBA Web site for an additional fee of $40 for a 30-day period, or $60 for non-members. Web-only ads are also available. Ads are posted at www.DallasBar.org/members/classifieds.asp. Deadlines: Ad text and payments are due on the 10th of the month prior to the issue date. For instance, ads for the October 2009 issue of HEADNOTES are due September 10. Payment must be made at time ad is submitted. Mail items to Judi Smalling c/o Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. For additional information: Request rate card and details from JSmalling@ dallasbar.org.
DAYL Dinner with the Judiciary Tuesday, October 13, 2009 5:45 p.m. – Tower Club $45/person or $400 for 10 Questions: Cherie Harris (cherieh@dayl.com)
Mark your calendars! The Minority Attorney Business Development Initiative, Sponsored by the Minority Participation Committee, Invites you to the following events: Starting Your Own Firm Speaker: Paul Stafford
Friday, October 16, 12-1 p.m. est
1990
current
IRS TAX PREPARATION
n
delinquent n corporate n personal payroll taxes n irs audits
(972) 385-8182
n
(877) 590-2500
Minority Attorney Trailblazers Luncheon Moderator: the Honorable Teresa Guerra Snelson Speakers: Marcos Ronquillo, James Ho, Charlye Ola Farris and Judge Clifford L. Davis
Wednesday, November 11, 12-1 p.m. For more information, contact Alicia Hernandez at ahernandez@dallasbar.org
16 H e a d n o t e s l D a l l a s B a r A ss ociationâ&#x20AC;
October 2009