Dallas Bar Association
by Alicia Hernandez
“Progress has been restrained at best. I think many people believe that access to justice is the right thing to do, but most attorneys still are not willing to get behind it with their time or their wallets,” added Justice Hankinson. “This is frustrating because the Dallas legal community, like the rest of the State, relies on legal aid programs to help the clients they turn away. Without more support from the legal community, those clients
n
Deborah G. Hankinson
g pai am
Deborah Hankinson is a well-known, respected former justice on the Supreme Court of Texas and arbitrator, mediator, and appellate attorney. To those in the legal aid community, she is known as one of our nation’s best advocates for access to justice for the poor. Here in Dallas, she recently committed another $25,000 to the 2014 Equal Access to Justice Campaign benefitting the Dallas Volunteer Attorney Program (DVAP). Since 2003, she has supported the EAJ Campaign by contributing more than $241,000. Justice Hankinson’s support is not only in dollars and cents; she was a driving force behind the creation of the Texas Access to Justice Commission, which works to ensure that low-income Texans have access to justice in civil legal matters. She has also made an ongoing imprint on the development of equal access to justice in jurisdictions across the United States. She walks the walk, and talks the talk. And she is disappointed. Disappointed? “We have come a long way in Texas over the last decade, but there is so much more to be done,” said Justice Hankinson about the critical need for legal communities across the State, both large and small, to give to their legal aid programs, whether with volunteers or financial contributions. Justice Hankinson has witnessed what she sees as sluggishly slow growth in financial support from law firms and individual attorneys.
will otherwise go forward without any help at all.” The Dallas Bar Association and Legal Aid of NorthWest Texas have made great strides in developing pro bono programs and the access to justice campaign. Both organizations joined forces in 1997 to create DVAP and the Equal Access to Justice Campaign. DVAP has since developed into the most comprehensive pro bono program in Dallas, which has been honored nationally and has become a source of inspiration for other pro bono programs. But, it and Legal Aid alike, turn away clients because there are not enough lawyers willing to help. Likewise, the Equal Access to Justice Campaign has grown and developed over the years, but the campaign still only has 514 donors contributing the $844,900.96 to last year’s campaign. “Last year’s campaign broke records, and we are very grateful to all our donors,” said Aaron Tobin, Co-Chair of the 2014 Campaign. “But the key to growth and the future of success of the campaign is increasing our donor base with people committed to supporting the program every year. With over 15,500 attorneys in Dallas County, we can do better.” “DVAP is our pro bono program,” added Shonn Brown, Co-Chair of the Campaign. “No donations are too small. Just give; give consistently, and help keep access to justice alive.”
C �ce Jus
Deborah G. Hankinson donates $25,000 to Legal Aid
ces s to
Focus Technology & the Law
$600,000+
$550,000
$500,000
To Give: www.dvapcampaign.org.
December 2013 Volume 38 Number 12
Equ al A c
HEADNOTES
Alicia Hernandez is the director of the Dallas Volunteer Attorney Program and the DBA director of community services. She can be reached at ahernandez@dallasbar.org.
$450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,0000
Large Firms Support Campaign The Dallas Bar Association and Legal Aid of NorthWest Texas kicked off their annual Equal Access to Justice Campaign benefitting the Dallas Volunteer Attorney Program in September with a number of Dallas’ large firms committing major support. Please join the DBA and Legal Aid in recognizing and thanking the following for their generous gifts to the Campaign*. These firms have consistently supported the Campaign since its inception. The firms cumulative contributions are in parentheticals.
PLATINUM ($10,000)
GOLD ($5,000)
Andrews Kurth LLP ($60,000)
Akin Gump Strauss Hauer & Feld LLP ($74,700)
Baker Botts L.L.P. ($97,900)
Baker & McKenzie LLP ($23,550)
Gardere Wynne Sewell LLP ($80,730)
Bracewell & Giuliani LLP ($40,450.00)
Haynes and Boone Foundation ($90,500)
Carrington, Coleman, Sloman & Blumenthal, L.L.P. ($67,791)
Jackson Walker L.L.P. ($85,600)
Fish & Richardson ($15,550)
Jones Day ($128,500)
Gibson, Dunn & Crutcher LLP ($7,285)
Locke Lord L.L.P. ($115,200)
K&L Gates ($81,275)
Thompson & Knight ($114,620)
Norton Rose Fulbright LLP ($76,000)
Vinson & Elkins LLP ($64,650)
*Large firm donors as of press time.
Law firms, corporations and individuals wishing to make a pledge will be prominently recognized beginning at the $5,000 level each month through January. To donate, contact Alicia Hernandez, ahernandez@dallasbar.org. For more information about the Campaign see www.dallasbar.org/dvapcampaign. For additional donors, see page 4. The severe recession has hit poor people especially hard. More than 600,000 people in Dallas County qualify financially for DVAP’s help.
Inside 5
10 Ways to Harness the Power of the PDF
6
Dallas Bar Elects 2014 Officers
9
Legal Ethics and Social Media: It’s Complicated
13 Tech Toys for Lawyers – 2013 Edition
DBA MEMBER REMINDER: Your 2014 DBA DUES STATEMENT was mailed to your office or home in October! 2014 DBA DUES must be paid by December 31, 2013 to continue receiving ALL your member benefits. Thank you for your support of the Dallas Bar Association!
2 He a d n o t e s l D a l l a s B a r A s s o ciation
Calendar
December Events FRIDAY CLINICS
DECEMBER 13-NORTH DALLAS** Noon
“Estate Planning for Same-Sex Couples,” Jodi McShan. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 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 Underwood Perkins, P.C. RSVP to trivas@dallasbar.org.
MONDAY, DECEMBER 2
Tax Law Section “State Tax Update,” Cynthia Ohlenforst. (MCLE 1.00)*
FRIDAY, DECEMBER 6
Transition to Law Practice/Probate, Trust & Estate Law Section “Beginner’s Guide to Probate Practice,” Michael Duran, Larry Flournoy, Jack Wilburn and Hon. Chris Wilmoth. (MCLE 4.00). RSVP to ahernandez@dallasbar.org.
MONDAY, DECEMBER 9
TUESDAY, DECEMBER 3
Noon
Noon
Corporate Counsel Section “Tips from the Trenches: Delaware 2013,” Mark Morton. (MCLE 1.00)*
Tort & Insurance Practice Section “Cyber/Privacy Liability and Insurance,” Erin Nealy Cox, Michael Sean Quinn, Peter Smith and Stephen Malouf, moderator. (MCLE 1.00)
No DBA Events Scheduled
Alternative Dispute Resolution Section “Perception Really is Reality: Unlocking the Mediation Matrix,” Joe L. “Joey” Cope. (MCLE 1.00)* Real Property Law Section “Land Use Law in Dallas – Some Practical Suggestions,” Barry R. Knight. (MCLE 1.00)*
WEDNESDAY, DECEMBER 4
TUESDAY, DECEMBER 10
DAYL Attorneys Serving Troops
6:00 p.m. DAYL Board of Directors Meeting
Noon
Employee Benefits & Executive Compensation Section “2013 Executive Compensation Roundup,” Eric Winwood. (MCLE 1.00)*
Juvenile Justice Committee
Law Day Committee
Public Forum Committee
9:00 a.m. DBA Directory Photographer at Belo Noon
Solo & Small Firm Section “TLAP Program: How to Know When You’re About to Come Off the Rails and What to do About It,” Cameron Vann. (MCLE 1.00)*
Business Litigation Section “What Keeps General Counsel Awake at Night – New Trends in Business Litigation,” Heather Randall, David Radunsky, Kelly Rentzel, Scott A. Rosuck and Ladd Hirsch, moderator. (MCLE 1.00)*
Government Law Section “Civil Service Update,” Melissa H. Cranford and Julia Gannaway. (MCLE 1.00)*
5:30 p.m. Bankruptcy & Commercial Law Section “Judges Panel” (MCLE 1.00)*
THURSDAY, DECEMBER 5
Mergers & Acquisitions Section “2013 M&A Year in Review and 2014 M&A Outlook,” Mike McGill. (MCLE 1.00)*
DAYL Lawyers Promoting Diversity
Noon
“Friday Clinic” at Belo “Making the Transition from the Probate Code to the Estates Code,” Jim Roberts. RSVP to trivas@dallasbar.org.
Intellectual Property Law Section “License to Sue: How the New Texas Uniform Trade Secrets Act (TUTSA) Adds to Your Arsenal Against Trade Secret Theft and Corporate Espionage,” Steve Fox. (MCLE 1.00)*
Family Law Section Board Meeting
6:00 p.m. Home Project Committee
WEDNESDAY, DECEMBER 11 7:45 a.m. Dallas Area Real Estate lawyers Discussion Group 11:30 a.m. House Committee Walk Through Noon
DAYL Foundation Board Meeting
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
THURSDAY, DECEMBER 12 Noon
Environmental Law Section “Endangered Species Challenges to Oil and Gas Development,” Gabriel Eckstein. (MCLE 1.00)*
CLE Committee
Publications Committee
Christian Lawyers Fellowship
DAYL Lunch & Learn CLE. Contact cherieh@ dayl.com for more information.
DBA Family Holiday Party
“Case Law Update,” Richard Brown. (MCLE 1.00)*
Health Law Section Topic Not Yet Available
Pro Bono Activities Committee
Non-Profit Law Study Group
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
THURSDAY, DECEMBER 19 Noon
Appellate Law Section “Top Ten Questions About Arbitration Appeals,” Anne Johnson. (MCLE 1.00)*
DAYL Animal Welfare Committee
Christian Legal Society
3:30 p.m. DBA Board of Directors Meeting 6:00 p.m. J.L. Turner Legal Association
FRIDAY, DECEMBER 13 Noon
Courthouse Committee “Mandatory Dallas County E-filing CLE and Searchable PDF Workshop,” Jason Moreau and Wesley Summers. (MCLE 1.00)*
6:00 p.m. DBA Family Holiday Party Enjoy pictures with Santa, toy trains, clown, magician, face-painting, balloon animals, sing-alongs and more! Please bring an unwrapped toy to be donated to charity. For more information, contact rthornton@ dallasbar.org.
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
St. Thomas More Society
Noon
D ecem ber 2013
Friday Clinic-North Dallas** “Estate Planning for Same-Sex Couples,” Jodi McShan. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 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 Underwood Perkins, P.C. RSVP to trivas@dallasbar.org. Trial Skills Section “How Predictive Coding Can Revolutionize Your Trial Practice,” Charles Schwartz and Chris Wycliff. (MCLE 1.00)*
MONDAY, DECEMBER 16 Noon
FRIDAY, DECEMBER 20 Noon
DAYL CLE Committee
MONDAY, DECEMBER 23
No DBA Events Scheduled
TUESDAY, DECEMBER 24
DBA Offices Closed in Observance of Christmas Holiday
WEDNESDAY, DECEMBER 25
DBA Offices Closed in Observance of Christmas Holiday
THURSDAY, DECEMBER 26
No DBA Events Scheduled
Legal Ethics Committee “Conflicts of Interest,” Mike Prince. (Ethics 1.00)*
FRIDAY, DECEMBER 27
DBA Community Service Fund Board Meeting
MONDAY, DECEMBER 30
TUESDAY, DECEMBER 17
No DBA Events Scheduled
No DBA Events Scheduled
11:00 a.m. Dallas Women Lawyers Association “Internal Investigations: Understanding the Process and Best Practices,” Keri McKenzie, Laureen Ryan and Sarah Saldana. (MCLE 1.00)*
TUESDAY, DECEMBER 31
Noon
DAYL Elder Law Committee
5:30 p.m. DVAP/JLTLA Family Law CLE “I’ve Passed the Bar, Now What? Handling Your First Divorce,” Hon. Tena Callahan, Hon. Aurora Madrigal, Deborah Pritchett and Karen Young. (MCLE 2.00, Ethics 0.20)* To register, email reed-brownc@lanwt.org. 6:00 p.m. Dallas Hispanic Bar Association
WENDESDAY, DECEMBER 18 Noon
Energy Law Section
DBA Offices Close at 1:00 p.m. in Observance of New Year’s Holiday
WEDNESDAY, JANUARY 1
DBA Offices Closed in Observance of New Year’s Holiday
THURSDAY, JANUARY 2 Noon
Construction Law Section Topic Not Yet Available
FRIDAY, JANUARY 3 Noon
Friday Clinic-Belo “RIP: Why the ‘Show Me the Note’ Argument is Dead in Texas Foreclosure Litigation,” Emily Schulte. (MCLE 1.00)*. RSVP to trivas@ dallasbar.org.
Judicial Investitures at Belo
Monday, December 9 6 to 8 p.m. at the Belo Mansion Enjoy pictures with Santa, toy trains, a clown, a magician, face-painting, tap dancing by Class Act, sing-alongs and more! PLEASE
BRING AN UNWRAPPED TOY TO BE DONATED TO
RONALD MCDONALD HOUSE.
Questions? Contact Rhonda Thornton at rthornton@dallasbar.org or (214) 220-7403.
Beginner’s Guide to Probate Practice December 2, 2013 | Noon – 4 p.m. at Belo | MCLE 4.00 Speakers: Hon. Chris Wilmoth, Michael Duran, Jack Wilburn and Larry Flournoy RSVP to Alicia Hernandez (ahernandez@dallasbar.org). Co-Sponsored by the Probate Section and the Transition to Law Practice Program
The Judicial Investitures for Justice Ada Brown (left), 5th Court of Appeals in Dallas, and Hon. Mary Murphy, Presiding Judge of the First Judicial Administrative Region (center), shown with DBA President Sally Crawford (right) was held November 13 at the Belo Mansion.
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 KZack@dallasbar.org.
De c e mb e r 2 0 13
D al l as Bar A ssoci ati on l Headnotes 3
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4 He a d n o t e s l D a l l a s B a r A s s o ciation
D ecem ber 2013
Headnotes
President's Column
Published by: DALLAS BAR ASSOCIATION
It’s a Wrap . . . almost By sally crawford
What an honor it has been to serve as President of the Dallas Bar Association, the best bar association in the country! I want to thank you, the members of the DBA, and the DBA staff, particularly Cathy Maher, for all of the support, guidance and friendship you have extended to me this year. The job of DBA President is not a one man show. It is truly a team effort and the DBA team is second to none. Several people have asked me what I like best about being DBA President or what I will miss the most when I am the “immediate past” president. Naturally my response is the personal parking space at the Belo! All joking aside, the best thing about being president has been the opportunity to meet, get to know and work with so many outstanding professionals, from the DBA past presidents, the Board of Directors, the committee and section members and the DBA staff. It has been a personal and professional privilege for which I will always be grateful. As I reflect on the last year, I feel a tremendous sense of pride—not for anything I have done, but simply for being a lawyer and a member of this bar association. More than ever before I have grown to appreciate how important lawyers are in and to our community. Not only do members of our bar help insure the quality, efficiency and effectiveness of our legal system, but they also contribute to the community as a whole in countless ways. Our lawyers are at work in our community every day doing great things. Of course the service that is dearest to my heart is the pro bono legal services our lawyers and staff provide to those less fortunate in our community. The Dallas Volunteer Attorney Program, or DVAP, (a joint program between the bar and Legal Aid of NorthWest Texas) provides civil legal aid to the poor through volunteer lawyers on a daily basis. In October DVAP celebrated National Pro Bono Week by sponsoring daily events for an entire week, including clinics and education for lawyers and the public. On October 30th, DVAP held its annual pro bono awards program and recognized individual lawyers, judges and law firms for the outstanding work they performed during the prior year. The awards were given not only for work performed through DVAP but also on behalf of Human Rights Initiative and for a successful initiative by former Judge Jay Patterson to help convince the Texas legislature to provide funds to support legal aid statewide. The committee for the Campaign for Equal Access to Justice was also applauded for the great work they are doing to raise funds to support the efforts of DVAP. At the DBA Annual Meeting the co-chairs of the Pro Bono Activities Committee, Susan Motley and Pamela St. John, received the Jo Anna Moreland Outstanding Committee Chair Award for the work of the committee to improve the delivery of pro bono services by, among other things, increasing the number of volunteer lawyers, involving law students in pro bono and partnering with other service organizations to broaden the reach and scope of services offered to the underprivileged. As the work of the Pro Bono Activities Committee demonstrates, there are many groups in Dallas (including DVAP) that provide opportunities for volunteer lawyers. Human Rights Initiative, for
example, held its annual Angels of Freedom awards ceremony in November, which recognized both firms and individual volunteer lawyers for their amazing work on behalf of refugees and immigrants who have suffered human rights abuses. The stories of the victims of human rights abuses are heart wrenching and the work of the volunteer and staff attorneys who help these victims is heroic. On October 25th Mosaic Family Services held its annual Champion of Human Rights Luncheon benefitting survivors of human trafficking and domestic violence. Judge Roberto Cañas was recognized for his devoted service to this organization. These are just a few of the many organizations through which DBA members provide pro bono service to those in greatest need in our community. In addition to pro bono service, there are many other activities and programs carried out through sections and committees of the DBA that benefit the community. This year Presidential Citations were awarded to Camille Stearns Miller and Erin Peirce for their work on the annual DBA Education Symposium. The Symposium consisted of a track for educators and, for the first time, a student track. The student track was a pipeline project intended to continue the work of the Diversity Summit which was the brainchild of former DBA President Paul Stafford. Approximately 150 high school, undergraduate and law students attended the program on October 21st. On November 5th, J.L. Turner Legal Association sponsored a pre-law pipeline program entitled “Becoming an Attorney.” The Honorable Winifred Cannon facilitated the program, which featured a number of distinguished participants including former DBA President Rhonda Hunter, the Honorable Royal Ferguson and Senator Royce West, just to name a few. These programs, along with other programs organized by the Law in the Schools and Community Committee, the Summer Law Intern Program Committee, the E‑mentoring Committee, the Mock Trial Committee, the Law Day Committee and the Juvenile Justice Committee, all focus on helping children and students in our community. The Public Forum Committee, Community Involvement Committee and other committees also sponsor numerous programs which benefit the community as a whole. And of course it goes without saying that the DBA provides outstanding services to its members through the sections and committees. By way of example, over 400 CLE programs were offered for free to DBA members last year alone. I know I have extolled the virtues of the DBA sections and committees throughout this year, but I want to say “thank you” to all members of the DBA for making our bar association the award winning organization that it is. Again, the quality of the DBA staff is unparalleled. The outstanding work of our members would not be possible if it were not for the highly skilled, professional DBA staff. Thank you, thank you, thank you for all you do. As this year draws to a close, I am looking forward to 2014 and the future of the DBA under the leadership of Scott McElhaney, the incoming president. I know that Scott will do a fantastic job and I hope that you will show him the same support and friendship that you have shown me. Thank you again for the privilege of serving as president of the Dallas Bar and for all of your work and devotion to our great bar association. HN
THANK YOU! The Dallas Bar Association and Legal Aid of NorthWest Texas kicked off their annual Equal Access to Justice Campaign benefitting the Dallas Volunteer Attorney Program in September with a number of Dallas’ legal community committing major support. Please join the DBA and Legal Aid in recognizing and thanking the following for their generous gifts to the Campaign*:
CHAIRMAN’S COUNCIL ($25,000) Anonymous Crain ♦ Lewis, L.L.P. Hon. Deborah G. Hankinson Payne Mitchell Law Group L.L.P.
DIAMOND ($15,000)
AT&T Anderson Tobin PLLC Connatser Family Law Gruber Hurst Johansen Hail Shank LLP
GOLD ($5,000)
PLATINUM ($10,000)
Exxon Mobil Corporation Deans & Lyons Godwin Lewis PC The Hartnett Law Firm KoonsFuller Mike & Erin McKool Simon, Greenstone, Panatier & Bartlett, P.C.
Jerry C. Alexander Bloom Strategic Consulting Carter Stafford PLLC Dallas Association of Young Lawyers Elrod PLLC Energy Future Holdings, Luminant & TXU Energy Mark & Laurie Johansen Jordan, Houser & Flournoy
*Donors as of press time.
Law firms, corporations and individuals wishing to make a pledge will be prominently recognized beginning at the $5,000 level each month through January. To donate, contact Alicia Hernandez, ahernandez@dallasbar.org. For more information about the Campaign see www.dallasbar.org/dvapcampaign. The severe recession has hit poor people especially hard. More than 600,000 people in Dallas County qualify financially for DVAP’s help.
2101 Ross Avenue Dallas, Texas 75201 Phone: (214) 220-7400 Fax: (214) 220-7465 Website: www.dallasbar.org Established 1873 The DBA’s 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: Sally L. Crawford President-Elect: Scott M. McElhaney First Vice President: Brad C. Weber Second Vice President: Jerry C. Alexander Secretary-Treasurer: John A. Goren Immediate Past President: Paul K. Stafford Directors: A. Shonn Brown (At-Large), Rob Crain (Chair), Wm. Frank Carroll, Hon. King Fifer (Judicial At-Large), Laura Benitez Geisler, Hon. Martin Hoffman, Michael K. Hurst (Vice Chair), Michele Wong Krause, Angelina LaPenotiere (President, Dallas Hispanic Bar Association), Karen McCloud, Christina McCracken (At-Large), Mandy Price (President, J.L. Turner Legal Association), Sarah Rogers (President, Dallas Association of Young Lawyers), Mary Scott, Scott Stolley, Diane M. Sumoski, Robert L. Tobey, Aaron Tobin and Jennifer Wang (President, Dallas Asian American Bar Association). Advisory Directors: Tatiana Alexander (President-Elect, J.L. Turner Legal Association), Mey Ly (President-Elect, Dallas Association of Young Lawyers), Sakina Rasheed (PresidentElect, Dallas Asian American Bar Association) and Elisabeth A. Wilson (President-Elect, Dallas Hispanic Bar Association). Delegates, American Bar Association: Rhonda Hunter, Hon. Elizabeth Lang-Miers Directors, State Bar of Texas: Lawrence Boyd, Frank Carroll, Andy Payne, Tino Ramirez and Ike Vanden Eykel HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Thomas Phillips Display Advertising: Jessica D. Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Dawn Fowler and Lea Dearing Vice-Chair: Jared Slade Members: Timothy Ackermann, Kevin Afghani, Vincent Allen, Natalie Arbaugh, Favad Bajaria, Matthew Baker, Martha Beard-Duncan, Jody Bishop, Lisa Blackburn, Jason Bloom, Eric Blue, Bobby Braxton, Kandice Bridges, William Brown, Eliot Burriss, Stacie Cargill, Lance Caughfield, Sally Crawford, James Crewse, Joel Crouch, G. Edel Cuadra, Walter Dean, David Dodds, Adam Dougherty, David Dummer, Paul Garrett, Megan George, Jenny Givens, Jennifer Gjesvold, Melanie Glover, James Gourley, Virginia Greenberg, Jerry Hall, Susan Halpern, William Hammel, Jeremy Hawpe, Zachary Hilton, Kelli Hinson, Zachary Hoard, Tyler Hokanson, James Holbrook III, Ezra Hood, Mary Louise Hopson, Dyan House, Michael Hurst, Michelle Jacobs, Jessica Janicek, Taylor Jerri, Soji John, Douglas Johnson, Yoon-Joo Jung, Adam Kielich, Robert Kisselburgh, Lissa Kivett, Michelle Koledi, Susan Kravik, Shruti Krishnan, Norman Lofgren, Mallory Loudenback, Sixuan Lu, Margaret Lyle, Andrew Mayo, Ashley Mayya, Jennifer McCollum, Scott McElhaney, Elizabeth McShan, John McShane, Paige Montgomery, Nick Nelson, Yvette Ostolaza, Seth Phillips, Kirk Pittard, Irina Plumlee, Laura Anne Pohli, Robert Ramage, Gabriel Reyes, Morgan Richards, Carl Roberts, Richard Salgado, Brendan Sansivero, Brooke Schultz, Isabel Segarra, Yon Sohn, Thad Spalding, Paul K. Stafford, Jacob Stasny, Jeanette Stecker, John Stevenson, Scott Stolley, Brian Stork, Michael Sukenik, Billye Summers, Christine Tamer, Kristopher Tate, Robert Tobey, Pryce Tucker, David Urteago, Peter S. Vogel, Suzanne Westerheim and Andrew Wirmani 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 Thornton Executive Assistant: Mary Ellen Johnson Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewer: Marcela Mejia Law Related Education Coordinator: Kimberlynn Taylor-Corbin Membership Coordinator: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: 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, Miriam Caporal, Tina Douglas, Andrew Musquiz, Carmen Perales Program Assistant: Patsy Quinn Copyright Dallas Bar Association 2013. 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 welcome. 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 Association’s 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.
De c e mb e r 2 0 1 3
Focus
D al l as Bar A ssoci ati on l Headnotes 5
Technology & the Law
10 Ways to Harness the Power of the PDF PDF. All of this can be completed without printing a single sheet of paper. Why this is so powerful? You can fix typos, change the font, or add a new paragraph to a PDF without ever opening the original document.
by Kevin Segler and Jessica Janicek
By January 1, 2014 e-filing will be mandatory in all Texas courts. As such, PDFs are about to become the new normal (if they are not already). This article points out some of the more essential things you can do with Adobe Acrobat Reader and Pro in an effort to make your legal practice more efficient.
4. Combining & Splitting PDFs
Easily combine multiple PDF files into a single “PDF Portfolio” by using the “Combine Files into PDF” function, or split apart a PDF into multiple files by using the “Split Document” feature. Why this is so powerful? Create a single pleading in moments by combining your exhibits into one file.
1. Searchable PDFs
Looking for one term in a 200-page motion filed by the opposing party? Now, by using the “Optical Character Recognition” tool, you can make the entire document searchable, even when the original document is not available. As a result, virtually any search term becomes accessible in seconds, eliminating the need to spend hours reading through your opposing party’s pleadings, or your own for that matter. Why this is so powerful? Create searchable pleadings in minutes for quick reference.
5. Redaction & Document Protection
Redacting documents can be monotonous, and using the computer to redact does not permanently erase the confidential information you are trying to protect. Adobe allows you to redact and protect your documents securely by using the “Protection” tool, even removing the hidden metadata from the PDF. Why this is so powerful? Gone are the days of hand-redacting documents with black permanent marker. Now, you can easily redact confidential information in seconds.
2. Reduced Size PDFs
The Texas e-filing system limits the size of the file you can upload. If you have a large document to be e-filed, then you will likely need to utilize the “Reduced Size PDF” function prior to e-filing. Why this is so powerful? Reduce the file size of voluminous documents without changing their substance.
6. Bates Numbering
Adobe allows you to Bates Number large groups of files very easily by using the Bates Numbering feature. It can also provide you a Bates Numbering log which will show you your list of documents and the starting and ending Bates Numbers for each document. Why this is so powerful? Quickly
3. Editing Your PDFs
Just point and click to make electronic “sticky notes,” highlight and strike through text, change or delete font, or even add text directly into your
number and track thousands of pages of document production.
7. Mobilize Your PDFs
By downloading the Adobe application, you can view and create PDFs, store and access PDFs in the cloud, annotate and comment on PDFs, organize your documents, and even print and share your PDFs, all directly on your mobile device. Why this is so powerful? No computer? No problem. Create and send PDFs directly from your mobile device.
8. Electronically Sign PDFs
Electronically sign your PDFs in seconds. Use this tool to draw your name, paste an image of your signature, or even add a certified signature to the PDF. Why this is so powerful? Sign and track documents without ever printing a piece of paper.
9. Interactive PDFs
Use the Bookmarking tool to mark different sections of your documents and easily navigate to those sections. Similarly, you can create hyperlinks, either internally linking to a page within the PDF or externally linking to an outside
source such as Westlaw, to make navigation easier and more efficient. Why this is so powerful? Create interactive and easy to read appellate briefs, discovery documents, or other voluminous records.
10. Creating the Perfect E-Brief
Utilize the features discussed above to create an effective electronic appellate brief, searchable discovery documents, or even interactive pleadings. When you draft an electronic document and your PDF is searchable, bookmarked and hyperlinked, it makes it infinitely easier to review and understand (and hopefully, more persuasive). Why this is so powerful? Easily generate user-friendly and interactive documents for Texas Judges across the State. Now that you know some of these features, the best way to learn how to effectively and efficiently use them is to practice. That way, you can make the most of your PDFs, and your legal prac HN tice.
Kevin Segler is an attorney at Holmes, Diggs & Eames, PLLC. He can be reached at ksegler@texfamlaw.com. Jessica Janicek is an attorney at KoonsFuller, P.C. She can be reached at jjanicek@koonsfuller.com.
Mandatory Dallas County E-filing CLE and Searchable PDF Workshop Monday, December 9, Noon at Belo | MCLE 1.50 Speakers: Jason Moreau, Tyler Tech • Wesley Summers, Solutions to Technology RSVP Alicia Hernandez at ahernandez@dallasbar.org.
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6 H e a d n o t e s l D a l l a s B a r A s s o ciation
D ecem ber 2013
Dallas Bar Elects 2014 Officers Bradley C. Weber Elected President-Elect by Jessica D. Smith
Members of the Dallas Bar Association proudly elected its 2014 officers during the Annual Meeting on November 1. Bradley C. Weber, of Locke Lord LLP, was elected president-elect and will serve as the Association’s 106th president in 2015. Mr. Weber was elected to the DBA Board in 2006 and was elected Chair of the Board of Directors in 2011. He has served as Chair of numerous DBA Committees including the Finance Committee, Morris Harrell Professionalism Committee and Judiciary Committee. In addition, he was Co-Chair of the 20112012 Campaign for Equal Access to Justice and is a Board Advisor for the Antitrust & Trade Regulation Section. He has also served as the President of the Dallas Association of Young Lawyers in 1998 and is currently a member of the Antitrust and Litigation Sections of the American Bar Association. He is also a Life Fellow of both the Dallas Bar and Texas Bar Foundations and a Life Founding Fellow of the Dallas Association of Young Lawyers Foundation. Often named a “Texas Super Lawyer” by Texas Monthly Magazine, Mr. Weber earned his B.S. from Iowa State University and his J.D. from the University of Michigan Law School. He has been a guest lecturer on antitrust and trade regulation at the SMU Dedman School. He is a Partner at Locke Lord where he is also the Co-Leader of the firm’s Antitrust Practice Group, working in both
2014 Officers at the November 1 Annual Meeting include (left to right): Sally Crawford, Immediate Past President; Jerry Alexander, First Vice-President; Scott McElhaney, President; and Bradley Weber, President-Elect. (Not pictured, Rob Crain, second vice-president)
the Dallas and Washington, D.C. offices. Other officers elected at the Annual Meeting were: Jerry C. Alexander, of Passman & Jones, elected first vice-president, and Rob Crain, of Crain Lewis, L.L.P., elected second vice-president. Sally L. Crawford, of Jones Day, will serve as immediate past president and Scott McElhaney, of Jackson Walker LLP will serve as president in 2014. Additionally, on November 7 ballots for Secretary-Treasurer and director positions were sent to members and one of the following will assume the Secretary-Treasurer position in 2014: Audrey Moorehead or Courtney BarksdalePerez; and six of the following nominees will assume director positions in 2014: Laura Benitez Geisler, John A. Goren,
Michael K. Hurst, Kristina Kastl, Michele Wong Krause, Mary Scott and Robert Tobey. Ballots were due back November 18 and results were not available at press time. The 2014 presidents and president-elects of the minority bar associations will also serve on the board. Each year, the Texas Center for Legal Ethics & Professionalism co-sponsors the presentation of the Morris Harrell Professionalism Award with the DBA. The award was created in 1999 in honor of DBA Past President Morris Harrell to recognize an attorney who best exemplifies, by conduct and character, truly professional traits who others in the bar seek to emulate. This year’s Morris Harrell Professionalism Award recipient was Kim J. Askew, of K&L Gates LLP.
Melissa Kingston, of Friedman & Feiger, L.L.P., and Diane Sumoski, of Carrington, Coleman, Sloman & Blumenthal, L.L.P., co-chairs of the Judiciary Committee, and Susan Motley, of Disability Rights Texas, and Pamela St. John, of AT&T Services, Inc., cochairs of the Pro Bono Activities Committee, received the Jo Anna Moreland Outstanding Committee Chair Award. The Family Law Section, chaired by Jeffrey Coen, of Jeffrey Coen Mediations, received the Special Section Award. And the Minority Bar Leader Award was presented to Camille Stearns Miller, of White & Wiggins, L.L.P., and Jennifer Wang, of Dallas City Attorney’s Office. Presidential Citations were also presented to behind-the-scenes members who have faithfully performed often time-consuming tasks for the association. Recipients were: Victor Corpuz, of Jackson Walker LLP, for his outstanding commitment to the special DBA events and activities in commemoration of the 50th anniversary of the Assassination of John F. Kennedy in Dallas; Camille Stearns Miller, of White & Wiggins, L.L.P., and Erin Peirce, of Lori A. Leu &Associates, for their outstanding work in coordinating the Annual DBA Education Symposium; Rob Roby, of Big Brothers Big Sisters, for his outstanding efforts in raising funds for the renovation of the Belo Mansion and Pavilion, as well as his oversight of the renovation; and Mr. Weber, of Locke Lord LLP, for his outstanding work and commitment to the DBA and Community Service Fund as HN Finance Chair since 2008. Jessica D. Smith serves as the DBA’s Communications/Media Director. She can be reached at jsmith@dallasbar.org.
Catching Water: Who Owns Harvested Rainwater? by Calvin Trey Scott
In Texas, surface water rights are governed by the doctrines of riparian rights and prior appropriation. Groundwater is mainly governed by right of capture. Due to recent droughts and the potential for future water scarcity, individuals, businesses and schools have started capturing or “harvesting” rainwater. When rainwater is harvested, who is the rightful owner? Capturing rainwater has a long history. In Texas, there is evidence of Native Americans using rainwater harvesting 10,000 years ago. In the 1800s and early 1900s, it was not surprising for homes to have a water well and a cistern. The water well was used for livestock and washing clothes. Water from the cistern was used for cooking and drinking. Rainwater harvesting, whether in ancient or modern times, requires two elements: a catchment and a place to store the rainwater. A catchment is a broad surface used to catch rain. It can be as simple as a rooftop of an existing building or furrows in the ground. The storage area can be cisterns, tanks, ponds or in the soil. While rainwater harvesting may have a long history, laws governing rainwater harvesting are nearly non-existent. Currently, there is no federal law that pro-
hibits or regulates the construction and harvesting of rainwater. Thirteen states currently have some laws relating to rainwater harvesting. These laws range from simple tax credits to requiring the inclusion of rainwater harvesting systems in new and repaired buildings. Under Texas Water Code Section 11.021, the rainwater from every river, watershed, stream, canyon, ravine and depression is deemed to be the property of the State of Texas. However, this does not mean rainwater cannot be harvested. In Turner v. Big Lake Oil Co. 96. S.W.2d 221, 228 (Tex. 1936), the Supreme Court of Texas held that a land owner has a vested property right to any rain that falls on his land. Turner dealt with an earlier iteration of state owned water, but the language is the same. The Court held, “No citation of authority is necessary to demonstrate that the right of a land owner to the rain water which falls on his land is a property right which vested in him when the grant was made. Being a property right, the Legislature is without power to take it from him or to declare it public property and subject by appropriation or otherwise to the use of another.” In the Texas Codes, rainwater harvesting is even encouraged. Most telling
is Texas Water Code Section 1.003. Section 1.003 lists the public policy of the state of Texas in all matters concerning water. Section 1.003(8) declares the public policy of the state includes promoting the use of rainwater harvesting for potable and non-potable purposes in both private and public locations. Texas Local Government Code section 580.004 states that each municipality and county is encouraged to promote rainwater harvesting and give incentives to residential, commercial and industrial facilities that use rainwater harvesting. Under Texas Health and Safety Code Section 341.042, harvested rainwater should meet all necessary sanitary standards set forth from the Texas Health and Human Services Commission. Harvested rainwater also should not come into contact with a public water supply. These pro-
visions do not apply if the harvested rainwater is used for domestic use and the property on which rainwater harvesting is used is not connected to a public water system. And finally, Section 202.007 of the Texas Property Code states that a property owner’s association cannot restrict a property owner from using rainwater harvesting systems. When selling property, a seller is required to disclose the existence of a rainwater harvesting system on the property. An individual that harvests the rain on his or her property is the owner. Codes throughout Texas law also encourage the harvesting of rainwater. As of now, there are no laws preventing the HN harvesting of rainwater. Calvin Trey Scott currently works for US Trust, Bank of America Private Wealth Management. He can be reached at tscotty85@gmail.com.
JLTLA & DVAP Family Law CLE Tuesday, December 17, 5:30-7:30 p.m. at Belo
“I’ve Passed the Bar, Now What? Handling Your First Divorce” Speakers: Judge Tena, Associate Judge Aurora Madrigal, Deborah Pritchett and Karen Young MCLE 2.00, Including Ethics 0.50
To register, contact reed-brownc@lanwt.org JRFRIM_Ad2012.indd 1
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Focus
D al l as Bar A ssoci ati on l Headnotes 7
Technology & the Law
Searchable: Digital Privacy in the Workplace by Shaun Hassett
BYOD (bring your own device) policies are prevalent in modern organizations, with employees frequently allowed to use personal devices for business purposes. However, issues arise when the data on the employee-owned mobile device, or the mobile device itself, becomes the subject of an investigation. For instance, companies handling data governed by certain compliance laws such as PCI-DSS (Payment Card Industry Data Security Standard) or HIPAA (Health Insurance Portability and Accountability Act of 1996) may find that a device belonging to an employee is subject to immense scrutiny if data stored on the device becomes compromised. Accessing an employee’s personal device, however, is not as easy as simply asking the employee to turn it over and providing a replacement. The company must obtain the employee’s consent or else risk running afoul of statues that prohibit a company’s access to personal devices without consent, such as the Store Communications Act. One strategy for obtaining an
employee’s consent is through a user agreement. User agreements have been used successfully to define the terms by which an employee may access company information using a personal device, as well as the terms by which the company can control the device that the employee uses for such access. At a minimum, such a user agreement should: (1) clearly establish that the employee has no expectation of personal privacy in her mobile device if she accesses corporate data or engages in corporate communications; (2) clearly disclose what actions a corporation may take with respect to that device if it becomes the focus of an investigation; (3) inform employees that using an employee-owned device to access corporate information is a privilege; (4) inform the employee that the corporation has the right to completely wipe the device if it is reported lost or stolen, or is unconnected from the network for a period of time; (5) require the employee to activate security features such as a password or PIN code; and (6) require the employee to turn over the device (and any passwords) upon request in the event of an
~ In Memoriam ~ Since 1875, the DBA has honored recently deceased members by passing resolutions of condolences. This tradition continues through the work of the DBA Memorial & History Committee. To view the Memorial Resolutions presented to the families of deceased members, visit www.dallasbar.org. Winston Lamar Adkins. (1932-2013), a 1955 graduate of the University of Texas School of Law
Robert A. Gwinn, Sr. (1928-2013), a 1954 graduate of Southern Methodist University School of Law
James Grady Blanchette, Jr. (1922-2013), a 1947 graduate of the University of Texas School Of Law
Billy B. Joiner (1920-2013), a 1948 graduate of Southern Methodist University School of Law
Honorable Joseph Brantley Brown, Jr. (1933-2013), a 1954 graduate of Southern Methodist University School of Law
Norma Landa (1938-2013), a 1963 graduate of the University of Oklahoma College of Law
Arlen “Spider” Bynum (1935-2013), a 1963 graduate of Baylor Law School
Joseph Clarke Mathews (1959-2013), a 1984 graduate of Texas Tech University School of Law
Stephen Craig Coen (1952-2013), a 1986 graduate of Texas Tech University School of Law Jay Curtis Counts (1948-2013), a 1972 graduate of Southern Methodist University School of Law H. Sam Davis, Jr. (1929-2013), a 1951 graduate of Baylor Law School William C. Dowdy, Jr. (1925-2012), a 1951 graduate of the University of Texas School of Law Richard Gabriele (1948-2013), a 1976 graduate of the St. Mary’s School of Law Honorable Patrick C. Guillot (1945-2013), a 1969 graduate of the University of Texas School of Law
Wayne A. Melton 1920-2012), a 1952 graduate of Southern Methodist University School of Law James Franklin Mobley (1945-2013), a 1984 graduate of Texas Tech University School of Law Jeannette Sadler (1921-2013), a 1945 graduate of Southern Methodist University School of Law Charles O. Shields (1917-2013), a 1942 graduate of the University of Texas School of Law Roger G. Williams (1952-2013), a 1975 graduate of Southern Methodist University School of Law
investigation and for at least as long as is required to extract the relevant data. Clear user agreements are essential if employees are going to be permitted to access company data on personal devices. Importantly, any user agreement should be easily accessible. Burying the agreement in an employee handbook creates the possibility for the employee to argue ignorance of the agreement and its terms. Also, implementing click-toaccept agreements prior to installation of software on mobile devices can allow for access to company data. The intimate and potentially sensitive nature of personal information creates a heightened level of scrutiny when attempts are made to access an individual’s personal device, even when policies and agreements are in place that attempt to abolish privacy expectations. And, if those policies and agreements are unclear, companies can be subject to invasion of privacy and similar other claims. Companies also should consider the effect that monitoring or accessing any personal email account or personal data on employeeowned devices may have on employee
relations, even if such practices may be legally defensible. Legal and employee-relation problems that result from investigating employee-owned mobile devices can be further curtailed by limiting the scope of the investigation to what is absolutely necessary to satisfy legal requirements. A company should cease its investigation once it has what is needed to answer discovery, produce the necessary documents, or determine whether regulated data was accessed. The original cause of the investigation may not justify downloading every bit of data and accessing the employee’s own data. In conclusion, companies can minimize legal stumbles and tension in relationships with employees by: (1) setting clear expectations that an employee must allow access to the device in exchange for the ability and convenience of viewing company data; (2) separating company data from the employee’s own data where possible; and (3) setting limits on how far an HN investigation can go. Shaun Hassett is an associate at Alston & Bird LLP. He can be reached at shaun.hassett@alston.com.
Attorney Coaches Needed for Mock Trial Teams – Civil Case Coaches are needed to instruct teams for the 2013-2014 mock trial season (a civil case). Firms and partners can adopt teams as well. Dates and times vary with the schools. To sign up, please email Kimberlynn Taylor at ktaylor@dallasbar.org.
8 He a d n o t e s l D a l l a s B a r A s s o ciation
Focus
D ecem ber 2013
Technology & the Law
Law Firms, Clients Share Cybersecurity Risks by Craig Carpenter
Almost daily there are reports of cyberattacks and misappropriation of data from companies of all sizes and across all industries. Evidence suggests that these threats are rising—the number of successful corporate cyberattacks almost doubled in 2012. On average, companies spend more than $5 million to respond to each attack. This explains why cybersecurity has become a top concern of directors, officers and counsel. These attacks are more sophisticated and persistent than ever. Threats include intellectual property theft, loss of reputation and trust, loss of economic and competitive advantages, business disruption and liability to third parties. Law firms must understand these threats to properly advise clients, and also acknowledge they are targets. Not only are law firms a particularly valuable target, they are notoriously bad at implementing new technol-
ogy. Hackers know the relationship of trust between firms and their clients, and although most cyberattacks focus on corporations—particularly in the defense, finance and energy industries—roughly 7 percent of all cyberattacks targeted the legal and consulting service industry. Because of this, companies are increasingly demanding that their outside counsel meet certain cybersecurity standards.
Common Threats
Hacking is no longer confined to viruses lurking on random websites or password guessing. Insider threat is possibly the most significant data protection risk that companies face. Technology has made it easy for a disgruntled employee to alter or steal proprietary company data, accounting for one in five attacks across all industries. The consequences of such events can be devastating and often more costly than those by outside hackers. The insider threat is difficult to predict and
Professionalism Tip “Better a dry crust with peace and quiet than a house full of feasting, with strife.” Proverbs 17:1. Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser—in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good person. There will still be business enough. – A. Lincoln, Notes for a Law Lecture (edited) Provided by the DBA Professionalism Committee
prevent as it does not take a veteran hacker or a computer scientist to drag and drop files to a USB thumb drive or email documents from a work computer to a personal email account. The strength of a company’s firewall and intrusion detection system does not help when the attack comes from someone with legitimate access. The demand for 24/7 access and mobility has also added concerns about unintentional employee data loss. With the advent of Bring Your Own Device and mobile computing policies, more companies and firms are entrusting sensitive information to employees’ devices. This trend can boost efficiencies, but it can also create easier access for hackers. The attack may not even be intentional: innocent mistakes such as a laptop lost at the airport or a smart phone left in a taxi can lead to data breaches. The digital attacks that businesses and law firms face are also becoming more sophisticated, as cybercriminals use well-planned and targeted attacks, exploiting known vulnerabilities in a company’s systems and using custom malware not identified by most overthe-counter anti-virus programs. These attacks tend to employ social engineering tactics to trick a target into opening an email containing a link to a malicious attachment or website by including personal information about the target in the email. The attacks often use information found on social media accounts and are sent under the guise of a close friend seeking help or an update from that person’s bank to make it look trustworthy and legitimate.
Preparing a Defense
The first step to cybersecurity defense is acknowledging the threat and preparing a plan. Having policies in place that cover intrusion reporting, evidence retention, vulnerability testing and breach response will go a long way to prevent the chaos that comes with a breach and potentially limit the scope and damage. The second step in a robust cybersecurity defense is to educate and train users. A company’s cybersecurity plan is only as good as its weakest link, and employees must know and understand the threats and be trained to recognize and avoid them. Third, law firms and clients should prepare robust technical defenses. While new technology has increased the risk of data breaches for law firms and clients, it also provides helpful tools to combat the threats. Law firms and businesses should consider layered and mutually supportive systems to limit network access and protect individual files. These defenses should be updated regularly and tested frequently to ensure that they are functioning properly.
Conclusion
Unfortunately, cybersecurity and data breach risks are becoming more prevalent. To avoid falling victim to this costly crime, law firms and businesses must acknowledge the risk, get serious about their vulnerabilities and fortify their defenses, or face a greater risk of HN becoming the next victims.
Craig C. Carpenter is an associate at Thompson & Knight LLP. He can be reached at craig.carpenter@tklaw.com.
2014 INAUGURAL OF Scott M. McElhaney At The Westin Galleria Dallas
This O d Dog Happens To Know A Few Tricks. Rely on a trial lawyer with 40 years of experience and 175 trials. When your case needs to be mediated, call Al Ellis, a trial lawyer who has the experience to help you creatively resolve any dispute. His vast experience in the courtroom gives him comprehensive insight that allows him to understand the different perspectives of each case. Al is one of only 500 U.S. members of the International Academy of Trial Lawyers, and is a former President of the Dallas Bar Association — evidence that Al has earned the respect of peers on both sides of the docket. Once Al gets his teeth into a case, he won’t let go, working tirelessly until he negotiates a fair, mutually agreeable deal. When it’s time for mediation, there’s no one better to have at your side.
Al Ellis
T R i A l l AW Y E R / M E D i AT O R
Sommerman & Quesada, L.L.P. 214.720.0720 | Dallas, TX al@textrial.com
Saturday, January 1 1, 2014 The Dallas Bar Association will inaugurate its 105th President, Scott M. McElhaney at the inaugural ball on Saturday, January 11. The black-tie ball will include dinner, dancing to music by the band New Ground and silent and live auctions.
Cocktails 6:30 p.m. | Dinner 7:30 p.m. Tickets $150; Tables $1,500 | Judiciary $100 To reserve your ticket, contact Shawna Bush at (214) 220-7453 or sbush@dallasbar.org. Visit www.dallasbar.org for more information!
D e c e mb e r 2 0 1 3
D al l as Bar A ssoci ati on l Headnotes 9
Column Ethics
Legal Ethics and Social Media: It’s Complicated by John Browning
Social networking platforms like Facebook, Twitter, YouTube and LinkedIn have revolutionized the way people communicate and share information. In an age in which people seemingly share all kinds of details of their lives online, lawyers in virtually all practice areas have found social media to be a valuable avenue for discovery. However, such emerging technologies have also raised new ethical questions for lawyers. The first question goes to the very core of an attorney’s duties to a client—the duty to provide competent representation. While lawyers who are uncomfortable with the pace of technological innovation may be tempted to stick their heads in the sand when it comes to social media, they cannot really afford to because of recent changes to the ABA Model Rules of Professional Conduct In August 2012, Rule 1.1 of the Model Rules, which discusses competence, was expanded to make it clear that competent representation doesn’t just mean keeping current in caselaw or statutory developments in one’s area of practice. It also encompasses staying abreast of “the benefits and risks associated with relevant technology,” including how such advances impact conducting investigations, engaging in legal research, advising clients, and conducting discovery. A number of jurisdictions have already held attorneys to a higher standard when it comes to making use of online resources, including demonstrating due diligence, researching prospective jurors, and even locating and using exculpatory evidence in criminal cases. As “digital digging” becomes the norm, it becomes more difficult for an attorney to say she’s met the standard of competence when she’s ignored
social media avenues. For example, in an era in which it’s become standard practice for divorce lawyers to comb the Facebook pages of both the client and the adverse spouse (the American Academy of Matrimonial Lawyers surveyed its members, and 81 percent reported using evidence from social networking sites in their cases), can a lawyer who fails to do so truly profess competence? Many of the ethical quandaries that social networking presents for lawyers stem from the manner in which attorneys use (or misuse) these sites. For example, consider using social media sites to gather information about a party or witness. While there is generally no ethical prohibition against viewing the publicly available portion of an individual’s social networking profile, may an attorney (or someone working for that attorney) try to “friend” someone in order to gain access to the privacy-restricted portions of that profile? Ethics opinions from the Philadelphia Bar Association (March 2009), the New York City Bar (September 2010), the New York State Bar (September 2010), the Oregon Bar (February 2013) and others have made it clear that the rules of professional conduct against engaging in deceptive conduct or misrepresentations to third parties extend to cyberspace as well. As the New York City Bar ethics opinion emphasizes, with deception being even easier in the virtual world than in person, this is an issue of heightened concern. Not surprisingly, lawyers have found themselves in ethical hot water (and in one case, even facing a civil suit for invasion of privacy) for engaging in such false friending. A Cleveland, Ohio prosecutor was recently fired for posing as a murder defendant’s fictional “baby mama” on Facebook in order to communicate with two female alibi witnesses for the defense and to try to persuade them not to testify (a mis-
trial was declared). Similarly, even though Model Rule 4.2 of the Rules of Professional Conduct prohibits communicating with a represented party, lawyers have had to be reminded that this applies to communication via social networking as well. The San Diego County Bar Association Ethics Committee addressed this in a May 2011 opinion, and two New Jersey civil litigators are currently facing disciplinary charges for allegedly directing their paralegal to “friend” the plaintiff during a personal injury suit. Beyond using social networking for gathering information, the ethical duty to preserve information is another concern in the age of Facebook and Twitter. While no lawyer wants to discover embarrassing photos or comments on a client’s Facebook page that might undermine the case, Rule 3.4 prohibits an attorney from unlawfully altering or destroying evidence or assisting others in doing so. Clearly, a lawyer’s ethical duty to preserve electronically stored information encompasses content from social networking sites. It is a lesson that some lawyers have learned the hard way. For example, in the Virginia wrongful death case of Lester v. Allied Concrete in 2012, the plaintiff’s attorney directed his paralegal to instruct the client to delete content from his Facebook page that depicted him as something less than a grieving widower (the attorney
also had his client sign sworn interrogatories stating that he didn’t have a Facebook account). After a $10.6 million verdict for the plaintiff, the defense brought a motion for new trial based on spoliation of evidence. The trial judge cut the damages award in half (the Virginia Supreme Court later reinstated the full verdict) and imposed sanctions of $722,000 (most of which were against the plaintiff’s counsel) for an “extensive pattern of deceptive and obstructionist conduct.” The attorney, a partner in the largest plaintiff’s personal injury firm in the state and a past president of the Virginia Trial Lawyers Association, had his license to practice law suspended for five years by the Virginia Bar in June 2013. While the use of social networking in investigation and fact-gathering, preserving evidence, and even jury selection represents a vital addition to a lawyer’s arsenal, the misuse of these platforms is a potential ethical minefield. Lawyers should heed some of the same advice they dispense to clients: simply treat social media as forms of communication subject to the same rules and ethical constraints as more traditional modes, and above all, be careful HN what you post. John G. Browning is a Partner at Lewis Brisbois Bisgaard & Smith LLP and can be reached at jbrowning@lbbslaw.com.
Spanish for Lawyers: Sign Up Now! 10-Week Course Spring 2014 | Cost: $180 January 7-March 11, 2014 For more information, contact Teddi Rivas at TRivas@dallasbar.org or (214) 220-7447.
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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 s s o ciation
D ecem ber 2013
Renew Your Membership!
Be sure to renew your membership to take advantage of all the DBA has to offer!
At the DBA Annual Meeting, Kim Askew received the Morris Harrell Professionalism Award. (Left to right): Vester Hughes, Ms. Askew, Bob Mow and Darrel Jordan.
In commemoration of President John F. Kennedy, the DBA hosted “The Trial of Lee Harvey Oswald.” Participants included (left to right): Victor Corpuz, Sally Crawford, Hon. Martin Hoffman, Bill Wirskye and Toby Shook.
J.L. Turner Legal Association hosted a “Pre-Law Pipeline Initiative: Becoming an Attorney” for local high school students.
The Dallas Bar Foundation hosted its annual “Evening With” program with speaker Senator Bill Bradley. Left to right: DBA President Sally Crawford, the Senator, and DBF Chair Tim Mountz.
Newly elected DBA President-Elect Brad Weber donated his time and blood at the DBA’s annual Halloween Blood Drive.
D e c e mb e r 2 0 1 3
Focus
Dal l as Bar A ssoci ati on l Headnotes 11
Technology & the Law
Smartphone Forensics for Attorneys by E. X. Martin, III
I read an article which stated that over five billion people own a cellphone, and approximately one billion of the world’s mobile phones are now smartphones. The utility and capabilities of cellphones and/or smartphones has increased beyond almost anyone’s expectations. Smartphones hold immense amounts of personal information and other data. In addition to telephone calls, they can be used for emails, SMS texts, MMS text messaging, calendars, Internet browsing, still pictures and video, banking, games, social media access, and GPS navigation. Both law enforcement and private attorneys are aware of the capabilities, utility, and data content of mobile devices. Digital evidence obtained from them is increasingly being used in both criminal and civil litigation. This widespread use of smartphones has resulted in the development of forensic extraction devices such as the UFED Cellebrite, pictured below. This device and its Physical Analyzer software can be used to acquire data from the major smartphone platforms including Apple iOS, BlackBerry, Android, Symbian, and Nokia for various kinds of digital evidence. The analyzer software provides in-depth analysis of the extracted data in a comprehensible format. A picture, or in this case a graphic, is worth a thousand words. The following graphic is of the Cellebrite Physical Analyzer and Extraction Summary window. The analyzer workspace contains the Project Tree which is on the left side of the graphic, and to the right of the Project Tree is the Extraction Summary tab which contains both Device Content and Phone Data information.
This next graphic image pertains to location information gathered from various sources such as cell towers, media locations and Wi-Fi networks.
The Project Tree arrangement displays a summary of the extracted information.
When I was using the Analyzer Software to review and examine some of the data pertaining to my iPhone 5 accessing wireless networks, I noticed that one wireless connection was the Westin Beach Resort in Fort Lauderdale, Florida. Initially I thought this was incorrect and then I remembered that I had spoken at an NACDL seminar in Fort Lauderdale, stayed at the Westin Beach Resort, and had in fact accessed the hotel’s wireless network with my iPhone. The extracted data confirmed my presence or at least the presence of my iPhone at the hotel in Fort Lauderdale. It is easy to see how such information could be used to prove a point in HN a trial.
The Project Tree in this example displays the following categories: Images, File Systems, Analyzed Data, Data Files and so on. Under Analyzed Data you can see extracted personal information such as calendar entries, call logs, chats, contacts, and notes. Messaging items such as Emails, MMS Messages and SMS Messages may also be extracted. Additionally, web history may be present for examination. GPS information and device information such as Bluetooth pairings and wireless network connections and Data files containing images, photographs, videos and audio files can also be extracted for examination. The following graphic image is an extraction summary of my iPhone, of calls I made and received, displayed in both spreadsheet format and graphically. The spreadsheet contains calls to and from and missed from a friend. The same information is displayed in the accompanying bar graphs which graphically show one incoming call, four outgoing calls, and two missed calls. You can also see the list of phone numbers, related name, total for each individual both incoming, outgoing, and missed. It is easy to see how helpful this information could be in a particular case. The following graphic displays various MMS text messages received on my iPhone. Multimedia Messaging Service (MMS) is a standard way to send messages,
E. X. Martin, III is a solo practitioner and can be reached at exmartin@airmail.net.
DVAP’s Finest David Carlock
David Carlock is a partner in the law firm of Carlock Gormley Hight. He has been a dedicated DVAP volunteer for many years, specializing in tackling challenging family law cases and mentoring DVAP volunteer attorneys on their family law cases. In addition, he has served as a pro bono ad litem attorney on several matters and has been a frequent continuing legal education speaker on family law issues at DVAP’s Nuts and Bolts program. David has also served as a volunteer at DVAP’s Belo Legal Clinic. Thank you for all you do, David! that include multimedia content, from mobile phones. In this example the messages sent contained photographs. I consider this graphic image particularly important because SMS and MMS text messages are being used in some manner in trials in civil and criminal cases. This graphic should give you some idea of how a forensic exam of a cell phone could help you find the text message you need and pinpoint it as to time and place. Also, please note the arrow at the bottom of the graphic. These two messages had been deleted but were located and preserved during the Cellebrite extraction process and were available for examination or review in the Analyzer Software.
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
12 H e a d n o t e s l D a l l a s B a r A s s o ciation
D ecem ber 2013
Effective Digital Advertising Disclosures by Debra L. Witter
Not so many years ago, a business that wanted to advertise its products had a relatively limited number of available platforms, most of which were static in nature. There were traditional print ads, television and radio and “out of home”—billboards, signs, etc. The rules of the road for what constituted an unfair or deceptive ad were generally understood. Then came the Internet, which exponentially increased both the potential audience and the available delivery mechanisms for ads. Now, consumers can view ads via a dynamic, interactive platform. In 2000, the Federal Trade Commission (FTC) staff issued a guidance document on how to make effective disclosures in Internet advertising. It should be noted that because staff guidance lacks the force of law, failure to comply is not necessarily a violation, nor does compliance provide a safe harbor. Nonetheless, the FTC made clear that basic “truth in advertising” concepts applied to all advertising, including Internet advertising. Ads must be truthful and not misleading or unfair; claims must be substantiated; and any disclosures necessary to qualify an ad must be clear and conspicuous. The guidance focused on how to make such disclosures meaningful in a non-print advertis-
ing world, using a series of examples. Thirteen years later, the nature of online advertising is dramatically different. Mobile devices—smart phones, text messaging-capable phones and tablets—present challenges for advertisers due to smaller screen sizes than traditional computers. Social media platforms such as Twitter limit the content of an ad to a finite number of characters. And social media can make it more difficult for the consumer to understand that content is an ad, such as a paid endorsement via Tweet or Facebook posting. In March, 2013, the FTC revised its guidance, reissuing “.com Disclosures: How to Make Effective Disclosures in Digital Advertising,” available at www.ftc.gov/os/ 2013/03/130312dotcomdisclosures.pdf. As before, the updated guidance addresses how to make compliant disclosures via a series of examples. The most important takeaway for advertisers is plain: the FTC asserts that if an ad is viewable on a particular device or platform, any necessary disclosures should be sufficient to prevent the ad from being misleading when viewed on that device or platform. If that is not possible due to inherent limits in the platform or device, the ad should not be disseminated via that platform or device. So, when designing an ad that may be viewed on mobile devices, the advertiser
Does Advertising Work? It Just Did!
must give consideration to the physical and technological limitations of those devices. For example, a consumer may “pinch” or “zoom” a mobile device screen and thus miss an important disclosure. Preferably, scrolling will not be necessary to find a disclosure. If it is, there should be text or visual clues that encourage the consumer to do so. Ideally, the disclosure will be unavoidable—that is, the consumer cannot proceed without viewing it. One solution often used in space-constrained ads is the use of a hyperlink to more detailed disclosure. The revised guidance confirms that this can be an acceptable method as long as the disclosure is not an integral part of an assertion or inseparable from it. For example, if an ad states a price, but there are additional fees that the consumer will have to pay, the existence of those fees must be clearly disclosed in the ad, even if the details are disclosed via hyperlinked text. The link must be obvious, and it should be clearly and specifically labeled so that the consumer understands its importance. The FTC believes that labeling a hyperlink “disclaimer,” “more information,” “terms and conditions,” or similar general
language is not likely to do this. Moreover, important disclosures should not be buried in a long paragraph of unrelated text. The hyperlink should take the consumer directly to the disclosures. Advertisers should assess whether hyperlink disclosures are adequate by monitoring click-through rates. The guidance also addresses the use of icons or short-form disclosures. For example, many advertisers had been using “#spon” (for “sponsored”) or certain visual icons to indicate when a tweet or text was actually a paid endorsement or advertisement. The FTC questions whether this is adequate. “Ad:” or “Sponsored” at the beginning of a tweet or text should be sufficient, but FTC is not yet prepared to accept use of icons or other abbreviations for disclosure, absent empirical evidence that their meaning is widely understood by consumers. Although the road and the vehicles may be constantly changing, the FTC continues to advise advertisers that the rules of the road regarding deceptive or misleading advertising still apply. HN Debra Witter is solo practitioner. She can be reached at dwitterlaw@aol.com.
Jay Patterson Receives Lisa Blue and Fred Baron Access to Justice Award
Don’t miss your opportunity to advertise (print & online) in the #1 “Legal Resource & Expert Witness Guide” in Dallas County. Contact PJ Hines at (214) 597-5920 or pjhines@legaldirectories.com
Park Place Motorcars Dallas Ticket to Drive Raffle ...Winner receives 2014 Mercedes-Benz CLA-Class At the Pro Bono Awards Celebration on October 30, Jay Patterson was presented with the Lisa Blue and Fred Baron Access to Justice Award, which is given jointly by the DBA and Legal Aid of NorthWest Texas to a deserving individual, group or organization for their outstanding dedication to pro bono work and serving those less fortunate. (Left to right) Pamela St. John, Co-Chair of the Pro Bono Activities Committee; Mr. Patterson; Joel Winful, CEO of Legal Aid of NorthWest Texas; and Susan Motley, Co-Chair of the Pro Bono Activities Committee.
COME TO THE INAUGURAL OF SCOTT M. McElhaney
Runner-Up Receives: Key West Marriott Beachside Hotel 4-Night Stay with Rental Car and Airfare for 2
and bid on the following
Hotel Packages to Adolphus, Le Meridien, Omni Mandalay, Ritz‐Carlton, W Dallas and more
Private dinner for 8 in the Belo Kitchen with Execu�ve Chef Brian Litolff
A Night in The Kitchen with Abacus Chefs
Collec�on of men’s neck �es by Stanley Korshak
Purchase raffle tickets online at
Dining Cer�cates
And much more!
www.dallasbar.org/dvap/raffle.asp
Salon & Spa Packages
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.
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 11, 2014. 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.
Get your tickets now for the Inaugural, Saturday, January 11, at The Westin Galleria Hotel | www.dallasbar.org
De c e mb e r 2 0 1 3
Focus
D al l as Bar A ssoci ati on l Headnotes 13
Technology & the Law
Tech Toys for Lawyers – 2013 Edition by Tom Mighell
There’s a chill in the air, and people are making lists and checking them twice—which means it is a good time to start thinking about tech toys for the holidays—both for ourselves and those we love. This year, we continue to see the popularity of tablet devices, and there’s a focus on making your home smarter, through technology. This is the third straight year that tablet computers are really the hot technology toy of the season. The tablet market continues to improve, with Apple arguably the clear leader this season. In October Apple introduced the new iPad Air ($499 - $929), a lighter, faster version of its most recent tablet. It weighs just one pound, and it is 20 percent thinner than the previous model; many technology critics are saying it’s the best tablet on the market right now. For Android fans, the Nexus 10 ($399 and up) remains the top 10” tablet—however, at the time of writing the only available version is one released last year. And those of you who prefer to stay in the world of Windows will be pleasantly surprised by the Windows Surface Pro ($899 - $1799), a tablet that acts (and costs) more like a laptop, with full versions of Microsoft Office applications installed. Many tablet buyers, me included, prefer to use a smaller device, which is why 7” tablets are becoming so popular. The new iPad Mini (pricing to be announced) should be out by the time this article is published. It has all of the features of the larger iPad—retina display and fast processor the most notable—but in a smaller, easier-tohold form factor. The Nexus 7 ($229$269) is the still the best Android 7” tablet out there, and the Kindle Fire HD ($139-$169) is a good choice for reading books, magazines and basic tablet functions. For those of you who simply need a good e-reader, there is really only one choice: the Kindle Paperwhite ($119 - $179) is absolutely the best available—and just keeps getting better. In the past year, we have seen a real surge in technology tools for the home—gadgets that make it easier to do things around your house. You have probably seen commercials for the Nest Thermostat ($249), which learns
Feeling hunted?
the temperatures you like and builds a personalized schedule to efficiently manage the energy usage in your home. The company is also building Nest Protect ($129), a smart smoke/carbon monoxide alarm that promises not to be annoying; to shut off the alarm, you just need to stand under it and wave, and when the alarm is low on batteries it will notify you on your phone, not beep incessantly in the middle of the night. Another household tool that has seen a technology makeover is the light bulb. One example is the Phillips Hue (Starter Pack with 3 bulbs, $200), a personal wireless lighting system that can be controlled by your smartphone. You can set lights to come on or off at certain times, change colors, and set the tone for any event or situation. Phillips is not the only company designing smart bulbs—your local home improvement store will probably have a number of “smart bulbs” on sale. To monitor your house while you are gone, check out Dropcam ($199), a doit-yourself wireless video monitoring solution. Dropcam cameras are pretty high quality, and they connect to your computer wirelessly. You can view your cameras on an iOS or Android device, or through the Web interface, and you can even use the built-in speakers to talk to pets or people in your house. A subscription service allows you to record video and keep it in the cloud, if storing your home surveillance video is something that interests you. There is one cool stocking stuffer on my list this year, and it is Google’s Chromecast ($35). It is a key-shaped device that plugs into the high-def-
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inition port of your television, and broadcasts just about anything from your Google Chrome browser. You can broadcast YouTube videos, music or television from Netflix or Hulu+, or just about any other type of video from your computer or Android phone. At $35, this is a great little tech toy to give this holiday season. Finally, a real toy, for those of you who like to play with race cars: the Anki Drive ($199, plus $69 for more cars) is a cross between video racing games and the slot cars you may have played with when you were a child. The track is
covered with patterned codes that the cars read to stay in their “lanes,” and you drive the car using an app on your iPhone. You drive around the track and try to disable your opponent’s vehicles with “pulse blasts” fired from the app. Happy holidays everyone, and may you and yours get the tech toys you HN crave this season! Tom Mighell is a Senior Consultant with Contoural, Inc., and is the author of “iPad in One Hour for Lawyers,” “iPad Apps in One Hour for Lawyers,” and “iPad in One Hour for Litigators,” all published by the American Bar Association. He can be reached at tmighell@gmail.com.
Need to update your directory photo? The next photo session available to have your photo updated for the 2014 DBA Directory is:
Tuesday, December 10, 9 a.m. to 3 p.m. at Belo
The session is FREE and only takes 5 minutes! No reservation necessary. Photos may also be purchased for personal use.
If you have questions please contact Judi Smalling at jsmalling@dallasbar.org or (214) 220-7452.
14 H e a d n o t e s l D a l l a s B a r A s s o ciation
In the News
D ecem ber 2013
December
FROM THE DAIS
Susan Rankin, of Rochelle & Rankin LLP, and John A. Zervopoulos, of PsychologyLaw Partners, spoke at the 39th Annual Advanced Family Law Course held in San Antonio. Elliott Burdette and Ellen Bennett, of Burdette & Rice, PLLC, presented to the University of Texas School of Law Annual Conference on Estate Planning, Elder Law and Guardianships. Matthew S. Beard, of Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P, spoke at the Panhandle Chapter/TSCPA Tax Institute in Amarillo; David E. Colmenero, of the firm spoke at Lane, Gorman, Trubitt in Dallas and at the San Antonio Chapter/TSCPA CE Symposium; William R. Cousins III spoke at the TSCPA 2013 Advanced Estate Planning Conference in San Antonio; Joel N. Crouch spoke at the Fort Worth Chapter/TSCPA Tax Institute and also at the Texas Association of Certified Public Accountants Annual Meeting; Charles D. Pulman spoke at the 29th Annual Advanced Family Law Course; and Michael A. Villa, Jr. spoke at the State Bar of Texas Advanced Tax Law Course in Houston. Mr. Villa and Sarah Q. Wirskye spoke at the ABA Section of Taxation and Section of Real Property, Trust & Estate Law, Trust & Estate Division 2013 Joint Fall CLE Meeting in San Francisco. Tim Ackermann, of The Ackermann Law Firm, spoke to the DFW Hardware Startups Meetup Group. He also co-presented a CLE on trade secrets to the Collin County Bar Association’s Corporate Counsel Meeting. Felicia Finston, of Wilkins Finston Law Group LLP, spoke at the Plan Sponsor Council of America’s 66th Annual Conference in Scottsdale, Arizona. Audrey Moorehead, of the Law Offices of Audrey Moorehead, spoke at the Tarrant County Probate Nuts and Bolts CLE. Paula Beasley, of McTaggart & Beasley, and Vicky Gunning, of Locke Lord LLP, spoke at the Commercial Real Estate Women luncheon on finance/workouts; Karen Hart, of Bell Nunnally & Martin, discussed litigation/dispute resolution at the luncheon; Irene Hosford, of Husch Blackwell, covered purchase & sale; and Sally
Longroy, of Guida, Slavich & Flores, spoke on environmental law.
KUDOS
DBA President Sally Crawford, of Jones Day, received the “Board Leader of the Year” award from the Center for Nonprofit Management at its “Night of Light” annual dinner at the Anatole. The award was for her service as board chair of the Richardson Symphony Orchestra Dana J. Stewart, of Duffee+ Eitzen LLP., has been promoted to Partner. Marshall J. Doke Jr., of Gardere Wynne Sewell LLP, has been appointed by the American Bar Association as Chair of the Standing Committee on Audit; he also received an award from the ABA’s Section of Public Contract Law. Larry E. Glasgow, of the firm, serves as co-chair of The University of Texas School of Law Mergers & Acquisitions Institute, and Glenn T. Singleton was chosen by the Dallas Regional Chamber® to join the 39th Leadership Dallas class. Craig W. Weinlein, of Carrington, Coleman, Sloman & Blumenthal, L.L.P., was elected Chairman of the Board of Directors and Chairman of the Executive Committee of The Sedona Conference. Eugenia S. Hansen, of Hemingway & Hansen LLP, was posthumously awarded the first Tom Arnold Lifetime Achievement Award for excellence in intellectual property law. Richard Barrett-Cuetara, of Shannon, Gracey, Ratliff & Miller, LLP, will Co-Chair the Commercial Real Estate Subcommittee of the ABA Real Estate Litigation Committee. Christina Feller and Matthew Daniel, of Ferrer, Poirot & Wansbrough have been named Partners. Michele Wong Krause, of The Wong Krause Law Firm, has been appointed by the State Bar of Texas as its delegate to the American Bar Association House of Delegates. Josh O. Ungerman, of Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P., has been elected Chair of the American Bar Association Tax Section Civil and Criminal Penalties Committee.
Outstanding Court Staff Awards Luncheon The winners for the 2013 Outstanding Court Staff Awards will be announced and recognized at the DBA Judiciary Committee Luncheon on Thursday, December 5. RSVP to mjohnson@dallabar.org.
H. Barret Marshall, Jr., of Hawkins Parnell Thackston & Young, LLP, has been promoted to Partner. Bill Compton, of Andrews Kurth, has been elected President of the Texas Association of Bank Counsel. Victor D. Vital, of Greenberg Traurig, LLP, received the inaugural Peter Perlman Service Award by the Litigation Counsel of America. Richard K. Martin, of Haynes and Boone, LLP, has been elected chairman of the Advisory Board for The Salvation Army’s DFW Metroplex Command. Claire Collins Schwarz was honored by the SPCA of Texas with its Spencer Humanitarian Award. Audrey Moorehead, of the Law Offices of Audrey Moorehead, was selected the 2013 Attorney of the Year by the L. Clifford Davis Legal Association (formerly the Tarrant County Black Bar Association). Herbert J. Hammond, of Thompson & Knight LLP, has been elected to the American Law Institute.
MOVED
David T. Owens has opened his own firm, The Owens Law Firm, PLLC, 610 E. Weatherford Street, Fort Worth, Texas 76102. Amy K. Lewis and Anne Moberg have joined Hiersche, Hayward, Drakeley & Urbach P.C. as Associates. James J. Sullivan has joined Gardere Wynne Sewell LLP as Partner; Sara Nau, Blake Elizabeth Sachs, William Stewart, Darcie A. Thompson, and Katherine Tullos have joined as Associates. Eric Griffin has joined Counsel On Call as Director. Holly D. Friedman and Jonathan L. Howell have joined McCathern, PLLC. Patrick F. McManemin has joined Thompson & Knight as Partner and J. Thomas Gilbert, Michael Tristan, and John P. Vacalis join as Counsel. Desmond Cooks and Reasha Hedke have joined Scheef & Stone, L.L.P. as Associates.
Alan J. Rosenberg and Christopher Villa have joined The Willis Law Group. Hunter Johnson has joined Constangy, Brooks & Smith, LLP as Partner. J. Benjamin King and Eric D. Madden have joined Reid Collins & Tsai LLP as Partners. Gilbert Mediation Group has moved to Coit/CBS Tower, 12001 N. Central Expy., Suite 650, Dallas, Texas 75243. H. Joseph Acosta has opened Acosta & Associates P.C., with offices in Dallas and Irving, phone: (214) 614-8939 or (214) 661-5789. John W. Slates and Gregory A. Harwell have formed Slates Harwell LLP, 1700 Pacific, Suite 3800, Dallas TX 75201. Lisa Shereen Zamaludin has joined the firm as a Partner; Colbie Brazell, Giselle Finne Gafford, and Matthew M. Waterman, have joined as Associates. Cassie Evans has joined Quilling, Selander, Lownds, Winslett & Moser, P.C. Deanya Kueckelhan Cocanougher has joined Cantey Hanger LLP as Partner. Andrea Bouressa joined Cox Smith Matthews Inc. as Senior Counsel. Elizabeth Thompson and Sandra Zamora also joined the firm. Erika Larson has joined Winstead PC as Associate. Lindsey Marsh has joined Wick Phillips as Associate. Monica Cruz has re-joined the firm of McCurley Orsinger McCurley Nelson & Downing, L.L.P as Associate. Simon | Paschal PLLC has opened a new office 13601 Preston Road, Suite W870, Dallas, Texas 75240. John Dugdale has joined Guida, Slavich & Flores, PC. as Of Counsel. News items regarding current Dallas Bar Association members are included in Headnotes as space permits. Please send your announcements to Judi Smalling at jsmalling@dallasbar.org.
CIC NEEDS YOUR DONATIONS
The DBA Community Involvement Committee is collecting gently used men and women’s suits, coats, dress clothes (including dress shoes, shirts, belts and ties), and DVDs/Board games. Benefits the Dallas Life Foundation and the Bright Star Youth Academy. Drop off donations Friday, December 7, 9:00 a.m. to noon at Belo (circle drive). For more information, contact Kara Altenbaumer-Price (kara.altenbaumer-price@usi.biz) or Dionna Little (djlittle@jonesday.com).
D e c e mb e r 2 0 1 3
Classifieds
Dal l as Bar A ssoci ati on l Headnotes 15
December
EXPERT WITNESS
Economic Damages Experts - Thomas Roney has more than twenty five years’ experience providing economic consulting services, expert reports and expert testimony in court, deposition and arbitration. His firm specializes in the calculation of economic damages in personal injury, wrongful death, employment, commercial litigation, IP, valuation and divorce matters. Mr. Roney and his experienced team of economic, accounting and finance experts can help you with a variety of litigation services. Thomas Roney LLC serves attorneys across Texas with offices in Dallas, Fort Worth and Houston. Contact Thomas Roney in Dallas/Fort Worth (214) 665-9458 or Houston (713) 513-7113. troney@thomasroneyllc.com. “We Count.” Mexican Law Expert - Attorney, former law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues: FNC motions, Mexican claims/defenses, personal injury, moral damages, contract law, corporations. Co-author, leading treatise in field. J.D., Harvard Law. David Lopez, (210) 222-9494. dlopez@pulmanlaw.com. Drug/Alcohol Expert - Pharmacy Professor; 33 years’ experience consulting, teaching, researching prescription, illegal, over-the-counter drugs, alcohol, drug testing. Trial and deposition experience specializing in drug-related domestic, civil, criminal cases. Reviews, summaries, depositions, discovery, trials. Allison Welder, Ph.D. (361) 542-5636; allisonannewelder@yahoo.com; www.welderconsulting.com.
FOR SALE
SLIGH Tradition Hardwood Executive Office Furniture. Desk: 7 drawer, leather in-laid top (3 panel) excellent condition. 72” wide, 36” deep, 30” tall. Credenza: 4 drawer, excellent condition: 74” wide, 20” deep, 30” tall. High Back Leather Chair: Blue in color, recliner, swivel, excellent condition. Contact: John Hilz (jhilz@ altacm.com) Cell: (214) 808-0065.
OFFICE SPACE
Small law firm with transactional
and litigation practice seeks relationship with established attorney(s) having portable complementary practice, and/or office sharing. Firm is located in a downtown Dallas Class A building minutes away from courthouse with partner/associate offices, conference room, law library, secretarial station, kitchen, parking garage, photocopy/ scanner/ postage/facsimile and related amenities. Contact Laura at (214) 9229265.
Travis Walk off Knox St. for sublease. Great location at 4514 Travis Street, large conference room, kitchen, secretarial space, all amenities, short walking distance from a dozen restaurants. Seek compatible attorneys with their own practice to office with friendly group of litigators. Call Andrew Bergman at (214) 528-2444 or Paul Sartin at (214) 599-0448 or email rsanchez@ abergmanlaw.com.
Downtown AV preeminent law firm has two window offices available for lease with secretarial station (if needed), reception area, conference room, elevator exposure and kitchen. Please call Mark or Vicki at (214) 7520400.
Established boutique Estate Planning Law Firm in North Dallas has immediate openings for a full time and part time legal assistant with estate planning and probate background. Email your resume to sc@smithstephenslaw. com.
Downtown Dallas – Office available, located in the historic KATY Building directly across from the Dallas County Courthouses. Receptionist, phone system, conference room, wifi, fax and copier available for tenants use. No lease required. Please inquire at 214/748-1948. Park Cities/Central Expwy – Law firm has up to 3 window offices in Class A building for lease. Great location at 8080 Central Expwy. at Caruth. Spectacular views of downtown and Park Cities. Elevator exposure and expensive finish out. Large conf. room and kitchen. Secretarial space, high speed scanner/copier, broadband, extra storage and other amenities available. Call John/(214) 546-6337 or (214) 2924202. North Dallas Tollway (Galleria area) office space. Several offices available in different sizes, all with accompanying mahogany secretarial carrel. Hardwood floors and ornate mahogany paneled walls in common areas. All have access to three conference rooms, copier, postage meter, high speed internet, phones and two kitchens. Receptionist services also available. Please call Brittanie at (972) 934-4100.
POSITION AVAILABLE
Come practice law with (not for) a really great 14-lawyer firm in beautiful offices in Campbell Centre. Walk in the door and start practicing immediately. We will take care of virtually everything else. Bring your own staff or we will supply. Also 1 or 2 window offices with secretarial space and conference room available for sublease. Contact Steve Palmer @ (214) 2426440 or spalmer@pamlaw.com. See our website at www.pamlaw.com. Thiebaud Remington Thornton Bailey, a law firm specializing in medical malpractice defense and healthcare law, is seeking to hire a Legal Nurse Consultant with 3 years’ experience in medical malpractice defense. Send your resume to C. Santosuosso, Adm. Mgr., Thiebaud Remington Thornton Bailey, 1445 Ross Ave., Ste. 4800, Dallas, TX 75202 or e-mail to csantosuosso@trtblaw.com or fax to (214) 954-0999. Civil Trial Attorney Position. 2+ years’ minimum experience in civil law. Other requirements: Please do not be afraid to work hard. You have to be able to laugh at yourself, but never at oth-
ers. Lose the ego – you’re not that special. Treat the staff like you would treat your best client. Be willing to do things our way. For goodness sake, DO NOT throw people under the bus. The Bassett Firm provides competitive salaries and exceptional benefits. Interested applicants send resume to nmenchaca@ thebassettfirm.com. Health Law Attorney Needed. Experience in healthcare regulatory and payment matters - Medicare, Medicaid, licensing, transactional or criminal law services to healthcare providers. We prefer a problem solver with a disciplined work ethic, excellent writing skills, good attitude who is self-motivated and will participate in marketing & seminar presentations. Please email resume to markskennedylaw@msn.com. Patent Agent. Law firm and great place to work, seeking a Patent Agent for its downtown Dallas office. USPTO Registration and a minimum of 5 years’ of patent prosecution required. Advanced degree in mechanical or electrical engineering preferred. Interested candidates please forward a resume and writing sample to resumes@solidcounsel. com.
SERVICES
Diamond and Gold Buyer. Buying all types of Diamonds, Immediate Cash Paid. Consignment terms available @ 10 -20% over CASH. For consultation and offers please call (214) 739-0089. To place an affordable classified ad here, contact Judi Smalling at (214) 220-7452 or email jsmalling@dallasbar.org.
Connect jobseekers with employers in the legal field. Run your ad in the DBA’s online Career Center. www.dallasbar.org/career-center.
Uptown/Travis Walk: Law firm has up to 2 affordable window/patio offices in
Our mediation office in Dallas, Texas serves clients in an atmosphere of fairness and excellence. Focused on Resolution
Contact Us
Mike McCullough works to resolve your case in a fair and efficient manner. You can trust our staff to serve with balance and respect.
Phone: (214) 365-9000 www.McCulloughMediation.com 9400 N. Central Expwy., Suite 1305 Dallas, TX 75231
16 H e a d n o t e s l D a l l a s B a r A s s o ciation KM_HN_attorneyad110513.pdf
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