Dallas Bar Association
HEADNOTES March 2014 Volume 39 Number 3
Bob Mow Selected for 2014 DBF Fellows Award by Greg Taylor
This year, the Dallas Bar Foundation Fellows Award and the Justinian Award are being combined to honor an attorney who has throughout a distinguished career adhered to the highest principles and traditions of the legal profession, served both the community and the profession, and adhered to the highest ethical standards. The newly inaugurated Fellows Justinian Award will remain one of the most prestigious awards given to a member of the Dallas Bar. Based on these high standards, it is only fitting that the first-ever Fellows Justinian Award be presented to Bob Mow, a partner at K&L Gates. A Missouri native who proudly graduated from his state’s flagship university with distinction, Bob nevertheless made it to Dallas as quickly as he could, where he graduated magna cum laude from Southern Methodist University’s Dedman School of Law. That was in 1963, when the Dallas legal community was much smaller, and the practice was truly a profession. Bob joined Carrington, Coleman, Sloman and Blumenthal, where some of the legendary trial lawyers of Bob Mow Dallas taught him to practice. In the process, Bob became a legend himself. In 1985, Bob joined Hughes & Hill, later Hughes & Luce. He became the head of the trial section, and eventually was elected managing partner of the firm. Bob remained at Hughes & Luce until it merged with K&L Gates, where he continued to practice. Last year marked Bob’s 50th year in the profession. During the 1980s, the approach to law in Dallas began to drift from its historic professionalism towards so-called Rambo-style litigation. Bob felt this overly-aggressive approach to the law demeaned the profession, and he helped stem that tide in a variety of ways. He was an influential friend of the Northern District judges who authored the then-novel Dondi opinion in response to such tactics. He also served as chair of the Dallas Bar’s Grievance Committee for the Sixth District. And he chaired the Evaluation Committee of the Committee for a Qualified Judiciary. But apart from these contributions to the community and the profession, what Bob mostly did was mentor the next wave of Dallas litigators back towards the road to civility. If you have practiced law for any time in Dallas, you have felt Bob Mow’s influence. District Court Judges Barbara Lynn and David Godbey trained under him, as did luminaries like Kim Askew, Mark Werbner, Jeff Tillotson, Mark Sales and Allan Diamond, to name only a few. Great lawyers and Dallas Bar leaders such as Jim Coleman, Darrell Jordan, Fletcher Yarbrough, Bill Dawson and Rod Phelan worked alongside him. You know these names not only because of their legal abilities, but because of their professionalism and approach to the practice. In one way or another, they are all part of what some call “Bob’s Congregation.” Bob is a lawyer’s lawyer. Literally. For decades, whenever the best firms in town found themselves defending a potential ethics or malpractice complaint, one of their first calls was to Bob Mow. He has defended or advised some of the area’s
best-known firms, sometimes in front-page cases. In one prime example, after obtaining a complete defense verdict in a weeks-long defense of one of Dallas’ finest firms, a Texas Lawyer photo caption summed it up best: Nice Guys Finish First. He routinely handled “bet-the-company” litigation. Bob has always led by example. No matter how tough the case, or how abrasive the opposition, Bob was the consummate professional and always a gentleman (complete with seersucker jacket on some summer days). He did not have to browbeat witnesses. He simply was so well prepared that he could methodically force the truth from a recalcitrant witness without seeming like a gloating gladiator. Bob was the opposite of flashy— it was all substance with him. He was tough when he needed to be, but never mean-spirited. Over the years, he won the toughest of cases. He was innovative in his approach to the presentation of evidence long before PowerPoints and electronic courtrooms became the order of the day. Some of his best crossexaminations were conducted from a few scribbled notes on his handy 3x5 index cards, which he special ordered long after they disappeared from supply rooms. To Bob, it was always about credibility and putting a witness at ease. Bob trusted juries and taught those on his trial teams to do so. Perhaps because of his Show-Me State roots, he knew a jury wanted to be shown why his client was right. And show them he did, in an uncannily believable and likeable way. Think Perry Mason as portrayed by Jimmy Stewart. Juries did not side with Bob because he wowed them— they went with him because they trusted him. As a lawyer, Bob has been honored in almost every way possible. He has been named the Dallas Bar Association’s Trial Lawyer of the Year, the Texas Bar Foundation’s Ronald D. Secrest Outstanding Trial Lawyer, and SMU’s Distinguished Alumni for Private Practice. He’s also a member of the American College of Trial Lawyers, the American Board of Trial Advocates and certified in Civil Trial Law by the Texas Board of Legal Specialization. He is routinely named among the state’s top lawyers by Super Lawyers, D Magazine, and Texas Monthly, and has tried cases later named among the outstanding defense verdicts of the year by American Lawyer. Bob is a significant presence in the community. He played a key role in building First Baptist Academy, where he served as Chair of the Board. In 2010, First Baptist Academy awarded Bob and his wife, Jody, The Orville and Esther Beth Rogers Award for Service in the Area of Christian Education. From the LifeSavers Foundation to his work at an area suicide prevention hotline, Bob is committed to service and to helping others. The Dallas Bar Foundation is honored to award its inaugural Fellows Justinian Award to Bob Mow. The award will be presented on March 26, 2014, at a luncheon at the Belo Pavilion. To purchase tickets for the luncheon visit www.dallasbarfoundation. org or contact Elizabeth Philipp at (214) 220-7487. HN Greg Taylor is a partner at Diamond McCarthy, LLP. He can be reached at gtaylor@diamondmccarthy.com
Inside 9 Mandamus Review of Orders Granting New Trials 11 Subpoena Power Under Amended Rule 45 13 Where Do I Start in Drafting a Civil Jury Charge?
Focus
Focus Appellate Law/Trial Skills
Appellate Law/Trial Skills
Supreme Court Imposes New Requirements on Attorney’s Fees by Dan Callahan
Two recent cases effectively impose specific evidentiary requirements to successfully recover attorney’s fees under a fee shifting statute: El Apple I, Ltd. v. Olivas, 370 S.W.3d 757 (Tex. 2012) and City of Laredo v. Montano, 2013 WL 5763179 (Tex. Oct. 25, 2013). These opinions indicate that litigants now can expect a heightened level of appellate scrutiny of fee awards. The lesson to be learned from these two cases is simple: keep contemporaneous time records, and use them as evidence to support a request for fees. Olivas involved an award of fees under the Texas Commission on Human Rights Act to a successful plaintiff’s counsel. Montano involved an award of fees under the Property Code to a property owner who had successfully defeated a condemnation proceeding. In both cases, the successful lawyers requested a specific award, testified that they had worked sufficient hours to justify the amount requested, that the work was necessary, and that the requested fee was reasonable given the nature of the case and the result obtained. The Supreme Court reversed fee awards in both cases for the same reason—the evidence at trial had been insufficient to enable the trial court to make an informed decision about what constituted a reasonable fee for necessary services in that case. In each, the Court held that it was an abuse of discretion to make any fee award in the absence of sufficient evidence and remanded the case for a fee determination to be made in a way that would be consistent with the standards set out in the opinion. The party applying for a fee award has the burden of proof. That party should introduce evidence of (1) the nature of the work, (2) who performed the services and their rates, (3) when the services were performed, and (4) the number of hours worked. If multiple attorneys or other legal professionals are involved in a case, the evidence must explain which person performed which task or category of tasks, and why. In Olivas, the Court observed that “. . . in all but the simplest cases, the attorney would probably have to refer to some type of record or documentation to provide this
information.” Olivas, 370 S.W.3d at 763. “To establish the number of hours reasonably spent on the case, the fee application and record must include proof documenting the performance of specific tasks, the time required for those tasks, the person who performed the work, and his or her specific rate.” Id. at 765. Consequently, conclusory testimony from an attorney, and estimates about how much work he “probably” did, constitutes no evidence at all. In Montano the successful attorney’s testimony that he spent “a lot of time getting ready for the lawsuit,” conducted “a lot of legal research,” visited the premises which were the subject of the condemnation proceedings “many, many, many, many times,” and spent “countless” hours on motions and depositions was held to be no evidence at all of a reasonable fee. The trial court must ensure that a fee award does not gouge the opposing litigant. The Supreme Court believes that fee shifting statutes provide incentives to expend excessive time on unjustified work and a disincentive to early settlement. To ensure that these incentives do not result in an overly generous award, the evidence at trial must be sufficiently specific to enable the trial court to evaluate the work that was done, why it was necessary and why the charges were reasonable. Fee awards cannot include charges for duplicative, excessive or inadequately documented work. In light of these two opinions, any attorney who seeks an award of fees should offer detailed, contemporaneous time records into evidence and walk the trial court or finder of fact through them. That lawyer should be prepared to explain why each task or category of tasks was necessary, and why the person performing each task was the right person to do that. While these opinions do not say that this is the only way to properly prove up a request for fees, they come awfully close. Anyone who relies on less extensive documentation in support of a request for fees is taking a huge risk that fees which his or her client is entitled to recover will not be HN awarded. Dan Callahan is a shareholder at Kessler & Collins, P.C. He can be reached at dpc@kesslercollins.com.
Professionalism Tip A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit of litigation, courtesy, candor, cooperation, and scrupulous observance of all agreements and mutual understandings. Find the complete Creed online at http://txbf.org/texas-lawyers-creed/. Excerpt from the Texas Lawyers Creed
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
March Events
MARCH 7-BELO Noon
March 2014 Visit www.dallasbar.org for updates on Friday Clinics and other CLEs. 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 The Dallas Bar Foundation. RSVP to kzack@dallasbar.org.
FRIDAY CLINICS
“Performance Enhancing Substance Abuse-Its Detrimental Effect on Law Practices and Treatment Methods for Attorneys,” Charity Adams and Steve Beck. (Ethics 1.00)* RSVP to kzack@dallasbar.org.
MARCH 14-NORTH DALLAS** Noon
“Lawyer Communications on the Web: Malpractice Liability and Ethical Issues,” Robert Tobey. (Ethics 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 The Dallas Bar Foundation. RSVP to kzack@dallasbar.org.
MARCH 21-BELO Noon
Tax Law Section “Passive Activity and Hobby Loss Limitations: Withstanding an IRS Attack of Your Client’s Outside Business Activities Under IRC Sections 469 & 183,” Mary Wood. (MCLE 1.00)*
TUESDAY, MARCH 4 Noon
Corporate Counsel Section “Arbitrations: Pros and Cons – The Good, Bad and Ugly,” Rob Friedman. (MCLE 1.00)*
Tort & Insurance Practice Section “Ewing Construction Company v. Amerisure Insurance Company: Implications for the Contractual Liability Exclusion,” Meloney Perry, Pat Wielinski and Blake Evans, moderator. (MCLE 1.00)*
Treatment Methods for Attorneys,” Charity Adams and Steve Beck. (Ethics 1.00)*
MONDAY, MARCH 10 Noon
Alternative Dispute Resolution Section “The Joint Session in Mediation: Essential or Irrelevant?” Michael Gardner, Christopher Nolland and John Ship. (MCLE 1.00)*
Real Property Law Section “Securities Law Issues for Real Estate Lawyers,” George Lee. (MCLE 1.00)*
Peer Assistance Committee
TUESDAY, MARCH 11 Noon
Entertainment Committee
Legal Ethics Committee
6:00 p.m. DAYL Board of Directors Meeting
DAYL Lawyers Promoting Diversity 6:00 p.m. Home Project Committee
WEDNESDAY, MARCH 5
WEDNESDAY, MARCH 12
DAYL Freedom Run Committee
MONDAY, MARCH 17 Noon
“Guardian Ad Litem,” Jim Mitchell, Hon. Gena Slaughter and Dan Worthington. (MCLE 1.00)* RSVP to kzack@dallasbar.org.
MONDAY, MARCH 3 Noon
Morris Harrell Professionalism Committee
Labor & Employment Law Section “Fifty Shades of Gray: Mastering a Modern Complaint Investigation,” Rani Garcia, Julie Inmon and Sandra Lauro. (MCLE 1.00, Ethics 0.50)* Senior Lawyers Committee
TUESDAY, MARCH 18 Noon
Antitrust & Trade Regulation Section “Navigating the Minefield of Product Pricing and Distribution,” Scott Ewing. (MCLE 1.00)*
Business Litigation Section “The Affluenza Influence – Are Majority Shareholders Truly Under Siege in Texas Private Companies?” Jason Fulton and Ladd Hirsch. (MCLE 1.00)*
Government Law Section “Recent Federal Cases of Interest to Governmental Entities,” Randy Montgomery. (MCLE 1.00)*
International Law Section “Challenges in Transitioning from Corporate Counsel to CEO of a Multinational Service Company,” Larry Johnson. (MCLE 1.00)*
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group
Community Involvement Committee
DAYL Elder Law Committee
9:00 a.m. Pictorial Directory Photographer at Belo
Solo & Small Firm Section “How to Use LinkedIn, Facebook, and Twitter to Market Your Practice,” Chad Ruback. (MCLE 1.00)*
11:30 a.m. House Committee Walk Through
WEDNESDAY, MARCH 19
Public Forum Committee
DAYL Judiciary Committee
5:30 p.m. Bankruptcy & Commercial Law Section “An Update on the New US Trustee Fee Guidelines,” Michael Cooley. (MCLE 1.00)*
THURSDAY, MARCH 6 Noon
Judiciary Committee “New Local and State Rules from 2013 and 2014: An Update and Traps for the Unwary!” Hon. Martin Hoffman, Hon. Ken Tapscott and Robert Tobey, moderator. (MCLE 1.00)*
Family Law Section Board Meeting
St. Thomas More Society
FRIDAY, MARCH 7 Noon
Friday Clinic at Belo “Performance Enhancing Substance AbuseIts Detrimental Effect on Law Practices and
Noon
Family Law Section “What can Special Education Do For Your SAPCR,” George Shake. (MCLE 1.00)*
Bench Bar Conference Committee
DAYL Lunch & Learn CLE
Dallas Asian American Bar Association
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
THURSDAY, MARCH 13 Noon
CLE Committee
Publications Committee
Christian Lawyers Fellowship
6:00 p.m. J.L. Turner Legal Association
FRIDAY, MARCH 14 Noon
Friday Clinic-North Dallas** “Lawyer Communications on the Web: Malpractice Liability and Ethical Issues,” Robert Tobey. (Ethics 1.00)* At Two Lincoln
CURRENT COMMUNITY VOLUNTEER OPPORTUNITIES FOR LAWYERS Judge a Mock Trial Competition, contact ktaylor@dallasbar.org.
Help Build the DBA’s 24th House with Habitat for Humanity, contact gmcallister@ghjhlaw.com.
Tutor a Child Confined to the Henry Wade Juvenile Justice Center, contact ahernandez@dallasbar.org.
Mentor a Child Impacted by Incarceration, contact Mandy Klem at (214) 288-3551.
Speak to a Community or Civic Group on a Law-Related Topic, contact mjohnson@dallasbar.org.
Trial Skills Section “A Death in Paradise: Litigation Strategies and the Last Trial of Clarence Darrow – What Lawyers Can Learn from History,” Mike Farris. (MCLE 1.00)*
Transition to Law Practice Committee “Everything the Beginning Lawyer Needs to Know About Clients: Selecting, Attracting, Maintaining and Firing Them.” (MCLE 1.00)
MONDAY, MARCH 24 Noon
Computer Law Section Topic Not Yet Available
Securities Section “Texas Isn’t Delaware: Navigating the Unique Texas Derivative Statute,” Yolanda Garcia, Yvette Ostolaza, Robert Velevis and Angela Zambrano. (MCLE 1.00)*
Golf Tournament Committee
11:00 a.m. Dallas Women Lawyers Association
Employee Benefits & Executive Compensation Section “Current Challenges Faced by Church Plans,” Danny Miller. (MCLE 1.00)*
Noon
Slaughter and Dan Worthington. (MCLE 1.00)* RSVP to kzack@dallasbar.org.
Noon
Energy Law Section “Eminent Domain from Each Side,” Scott Moran. (MCLE 1.00)*
Health Law Section “Disclosing Unanticipated Outcomes in Medical Care: The Lawyer’s Role,” Lee Taft. (MCLE 1.00)*
Pro Bono Activities Committee Non-Profit Law Study Group
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
THURSDAY, MARCH 20
TUESDAY, MARCH 25 Noon
Probate, Trust & Estate Law Section “Choice of Entities,” David Dunning. (MCLE 1.00)*
Courthouse Committee
E-Mentoring Committee
American Immigration Lawyers Association
6:00 p.m. Dallas Hispanic Bar Association
WEDNESDAY, MARCH 26
11:30 a.m. Dallas Bar Foundation Fellows Luncheon. Recipient: Robert H. Mow, Jr. Tickets $65. For more information contact ephilipp@dallasbar.org. Noon
Sports & Entertainment Law Section “Business, Legal and Practical Issues in Producing Feature Films,” Bonnie Curtis. (MCLE 1.00)*
DAYL Equal Access to Justice Committee
DVAP New Lawyer Luncheon. For more information contact reed-brownc@lanwt.org.
Municipal Justice Bar Association
5:00 p.m. DVAP Belo Legal Clinic. Volunteers needed. For information contact reed-brownc@lanwt.org.
THURSDAY, MARCH 27 Noon
Civil Rights Act Special CLE Event “How the Civil Rights Act of 1964 Changed Dallas: The Need for the Act.” (Ethics 2.00)*
Collaborative Law Section Topic Not Yet Available
Noon
Appellate Law Section “Preserving, Proving, and Challenging Privilege,” Jadd F. Masso. (MCLE 1.00)*
Criminal Law Section “Family Violence Case Law Update,” Hon. Elizabeth Frizell. (MCLE 1.00)*
Media Relations Committee
Minority Participation Committee
Environmental Law Section “Federal Focus of Environmental Crimes,” Sarah R. Saldaña. (MCLE 1.00)*
Christian Legal Society
DBA Community Service Fund Board Meeting
DAYL Animal Welfare Committee
FRIDAY, MARCH 28
Dallas Gay & Lesbian Bar Association
Noon
Intellectual Property Law Section “Staying Litigation Pending Post-AIA Patent Review,” Austin Champion. (MCLE 1.00)*
DAYL CLE Committee
3:30 p.m. DBA Board of Directors Meeting
FRIDAY, MARCH 21 Noon
Friday Clinic at Belo “Guardian Ad Litem,” Jim Mitchell, Hon. Gena
MONDAY, MARCH 31 Noon
DAYL Solo & Small Firm Committee
Do You Need Summer Help? Pre-trained Interns for Hire! The Summer Law Intern Program has Dallas ISD student interns for hire. Part-time or Full-time - 4-wks or 8wks of our full program – the choice is yours! To learn more, contact Kimberlynn Taylor at ktaylor@dallasbar.org or visit us at: www.dallasbar.org/summerlawinternprogram
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.
M arc h 2 0 1 4 â€
D al l as Bar A ssoci ati on l Headnotes 3
PERFECT LOCATION FOR YOUR NEW OFFICE OR HOME
2315 ROUTH STREET OPEN Sunday, March 16th from 2-5, and Sunday, March 30th from 2-5, or by appointment
Lucy Johnson | 214.616.1288 ljohnson@briggsfreeman.com
5600 W. Lovers Ln. Ste. 224, | Dallas, TX 75209
4 He a d n o t e s l D a l l a s B a r A s s o ciation
March 2014
Headnotes
President's Column
Published by: DALLAS BAR ASSOCIATION
Getting Involved Scott M. McElhaney
At dinner with my family late last year, my kids asked me what I had done that day. I mentioned that I had spent time at the Belo Mansion preparing for my job as President of Dallas Bar Association. My 14-year old son Christopher asked, “What exactly does the President of the Bar do?” My 11-year old son Henry added, “And, what does the Bar Association do?” My immediate answer to both questions—“A bunch of things!”— didn’t seem all that eloquent. As I tried to describe some of the programs and projects the members of the Bar support each year, I was struck by the vast number of things we do to serve our members, support lawyers and the justice system, and help the community at large. I also realized how easy the leaders of the committees and sections that sponsor those programs make it for everyone to get involved. Because one of my responsibilities is to encourage members of the Bar Association to participate in the programs we sponsor, I wanted to highlight a few of the programs I mentioned to my kids. These are programs that you—the members—have been putting on for years, if not decades, and the success that those programs have shown recently is the principal reason this Bar Association is often honored for the quality of its programming. One of our most innovative and important projects is our co-sponsorship of the Dallas Volunteer Attorney Program, or DVAP, with Legal Aid of NorthWest Texas. The program began in 1997 and provides civil legal aid to the poor through volunteer lawyers and a staff of lawyers and paralegals. It is dedicated to increasing the delivery of pro bono legal services to the poor in Dallas through the recruitment, training, and support of volunteer attorneys. Led by its Director, Alicia Hernandez, its Managing Attorney, Michelle Alden, and its Recruiter-in-Chief, Chris ReedBrown, the program provides advice, brief assistance, and full case representation in family, benefits, consumer, employment, housing, landlord-tenant, probate, and wills matters. DVAP also runs intake clinics all across Dallas and offers specialized instruction in its pro se divorce clinics, custody clinics, and wills clinics for people needing those services. Figures just released show that DVAP had another successful year in 2013. The needs of Dallas poor have grown. Last year, the program opened 5,203 applications for assistance, 5 percent more than the prior year. Several of the DVAP clinics saw dramatic growth. Application requests at the East Dallas Clinic more than doubled, and the requests for assistance at the largest clinic—the South Dallas Clinic held at the Martin Luther King, Jr. Center—grew by 44 percent. Thankfully, many Dallas lawyers stepped forward to address the growing need for legal help. All totaled, over 21,000 hours of service were donated by DVAP volunteers in 2013. The program made 1,232 referrals of cases to lawyers for full representation on a pro bono basis. Perhaps more impressively, 91 attorneys volunteered for the first time at one of the program’s legal clinics, and 252 attorneys took their first pro bono case, a rise of over 6 percent from the previous year. Many of these lawyers are taking cases outside of their regular practice area. (This includes
SIGN UP FOR THE 2014 DBA 100 CLUB! What is the DBA 100 Club? The Dallas Bar Association 100 Club is a special membership recognition category given to firms, agencies, law schools and organizations that have 100% membership in the Dallas Bar Association. What is the cost to join the DBA 100 Club? It’s FREE! How do you join? Firms, government agencies, and law schools with two or more lawyers as well as corporate legal departments may qualify for the DBA 100 Club if all attorneys are a member of the Dallas Bar Association. To join the 2014 DBA 100 Club, please submit a list of all lawyers in your Dallas office to Kim Watson, kwatson@dallasbar.org. We will verify your list with our membership records and once approved, your firm will be added to the 2014 DBA 100 Club membership list! What are the perks? Our 2014 DBA 100 Club members will be recognized in Headnotes, the 2015 DBA Pictorial Directory and receive a Certificate of Appreciation as well as recognition at our Annual Meeting in November.
JOIN TODAY!
me when I have taken family law cases; I even did not take the family law course offered in law school.) The DVAP staff and mentor attorneys stand ready to help. They provided support to DVAP volunteers over 4,500 times last year. The DVAP program makes it easy to volunteer, whether you want to staff a clinic or take a case to help out a person in need. If you have not volunteered, or volunteered recently, think about how easy DVAP makes it for you. Become one of the 250 new lawyers who will take a case this year and remember the DVAP slogan—“It’s like billable hours for your soul.” Of course, the DVAP program could not run without being adequately funded. That is why the Dallas Bar has, for many years, sponsored the Equal Access to Justice Campaign towards the end of each year, which is specifically dedicated to raising the money needed to run the program. This year the Campaign was led by co-chairs Shonn Brown, of Gruber Hurst Johansen Hail Shank LLP, and Aaron Tobin, of Anderson Tobin, PLLC. The 2012 campaign had raised a record amount, and I thought that that record would not be broken for quite some time. I did not consider, however, the outstanding level of energy, enthusiasm and determination that Shonn and Aaron, and the many who helped them, showed during the Campaign. With their hard work growing our donor base, Shonn and Aaron—along with Alicia Hernandez and Sam Prince, the Director of Development for Legal Aid of NorthWest Texas— helped the Equal Access to Justice Campaign set a new fundraising record. The Campaign raised over $915,000.00 this year. This is a remarkable achievement, and it will help ensure that DVAP continues on a sound financial footing in the future. Congratulations are in order to all who helped on the Campaign. But if your interest in helping others runs more towards students, the DBA has programs that also make it easy for you to get involved. We are in the midst of High School Mock Trial season. The Dallas Bar’s Mock Trial Committee organizes and administers the statewide high school mock trial program. This year marks the 35th anniversary of the competition in which public, private and home school teams from across Texas compete in an exciting advocacy competition. This year’s mock trial requires the students to act as attorneys and witnesses in presenting their side in a defamation case that asks whether the defendant, Casey Hogg, placed a post on a company electronic bulletin board claiming that the plaintiff, Campbell Colquitt, had been infected with Seeliasis, a loathsome (but fictional) disease. During the preliminary rounds in January and February, 150 fellow bar members volunteered their time each weekend to serve as judges of the competing teams’ advocacy. From Thursday, March 6, through Saturday, March 8, the top qualifiers from around the State will gather in Dallas to compete for the State championship. The Mock Trial Committee still needs qualified judges; I can tell you that judging the performances of the students as lawyers and witnesses is a blast. If you are looking for an opportunity to feel energized (and entertained) for a few hours while still giving back to the community, you can’t go wrong HN here.
Play Golf and Support Pro Bono Save the date for the 22nd Annual Pro Bono Golf Classic, benefitting the Dallas Volunteer Attorney Program. Thursday, May 1, 2014 at Brookhaven Country Club TREAT YOUR CLIENTS TO A GAME OF GOLF! Registration includes a sleeve of golf balls, goody bag, lunch, on-course beverages, posttournament reception and awards dinner. The tournament is a 4-person scramble format—limited to the first 128 golfers. Plus, we have first-rate team awards for 16 teams, a raffle and other fun contests and games! Check-in and practice range open at 10 a.m. and shotgun start is at 1:00 p.m. A reception and awards dinner will follow the tournament at approximately 5:00 p.m. Register now online at www.dallasbar.org. For more information on sponsorships, contact Rhonda Thornton at rthornton@dallasbar.org.
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: Scott M. McElhaney President-Elect: Bradley C. Weber First Vice President: Jerry C. Alexander Second Vice President: Rob Crain Secretary-Treasurer: Audrey Moorehead Immediate Past President: Sally L. Crawford Directors: Tatiana Alexander (President, J.L. Turner Legal Association), A. Shonn Brown (At-Large), Wm. Frank Carroll, Laura Benitez Geisler (Vice Chair), Hon. Martin Hoffman, Hon. David Horan (Judicial At-Large), Michael K. Hurst (Chair), Krisi Kastl, Michele Wong Krause, Meyling Ly (President, Dallas Association of Young Lawyers), Karen McCloud, Courtney Barksdale Perez (At-Large), Sakina Rasheed (President, Dallas Asian American Bar Association), Mary Scott, Scott Stolley, Diane M. Sumoski, Robert L. Tobey, Aaron Tobin and Elisabeth A. Wilson (President, Dallas Hispanic Bar Association) Advisory Directors: Jonathan Childers (President-Elect, Dallas Association of Young Lawyers), Monica Lira (President-Elect, Dallas Hispanic Bar Association), Bill Richmond (PresidentElect, Dallas Asian American Bar Association) and Ebony Rivon (President-Elect, J.L. Turner Legal Association). Delegates, American Bar Association: Rhonda Hunter, Hon. Liz Lang-Miers Directors, State Bar of Texas: Lawrence Boyd, Wm. Frank Carroll, Andy Payne, Florentino A. 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: Deni Ackerman, Tina DeRobertis, Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Dawn Fowler and Jared Slade Vice-Chairs: Paul Clevenger and Meghan George Members: Timothy Ackermann, Vincent Allen, Natalie Arbaugh, Benjamin Barmore, Joi-lee Beachler, Martha Beard-Duncan, Lisa Blackburn, Jason Bloom, Eric Blue, Leigh Bradford, Bobby Braxton, Kandice Bridges, Kelsey Brock, Sara Ann Brown, John G. Browning, Casey Burgess, Eliot Burriss, Stacie Cargill, Nancy Carroll, Lance Caughfield, Julie Chandler, Joel Crouch, Walter Dean, Lea Dearing, David Dodds, Adam Dougherty, Brandon Duck, Christopher Elam, Alexander Farr, J. Martin Futrell, Jenny Givens, Jennifer Gjesvold, Andrew Gould, James Gourley, Nadia Haghighatian, Susan Halpern, William Hammel, Jordan Harrison, Jeremy Hawpe, John Herring, Zachary Hilton, Kelli Hinson, Tyler Hokanson, Alison Hollender, Mary Louise Hopson, Mandy Jenkins, Soji John, Cynthia Jon-Ubabuco, Yoon-Joo Jung, Tiffany Kamuche, Nicholas Kennedy, Adam Kielich, Michelle Koledi, Matthew Kolodoski, Susan Kravik, Norman Lofgren, Sixuan Lu, Margaret Lyle, Ashley Mason, Andrew Mayo, Jennifer McCollum, Christina McCracken, R. Sean McDonald, Scott McElhaney, Elizabeth “Jodi” McShan, John McShane, Michael Merrick, Christopher Meuse, Aaron Michelsohn, Wendy Mills, Constance Mims, Ethan Minshull, Paige Montgomery, Caitlin Morgan, Hon. Jim Moseley, Terah Moxley, Derek Neilson, Nick Nelson, Christopher Norcross, David Parham, Murali Pasupulati, Seth Phillips, Keith Pillers, Amiee Pingenot, Kirk Pittard, Irina Plumlee, Laura Anne Pohli, Ellen Pryor, Gabriel Reyes, Edward Rice, Morgan Richards, David Ritter, Carl Roberts, Richard Salgado, Joshua Sandler, Brandon Schwarzentraub, Calvin Scott, Ifeyinwa “Ify” Seales, Isabel Segarra, Micah Skidmore, Crystal Smith, Phillip Smith, Bradley Smyer, Yon Sohn, Thad Spalding, Timothy Springer, Jacob Stasny, Cori Steinmann, John Stevenson, Scott Stolley, Brian Stork, Amy Stowe, Billye Summers, Kristopher Tate, SaKinna Thomas, Pryce Tucker, Brent Turman, Peter S. Vogel, Bradley C. Weber, Suzanne Westerheim, Elisabeth Wilson 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 Director: Rhonda Thornton Executive Assistant: Mary Ellen Johnson Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewer: Marcela Mejia Law-Related Education & Programs Coordinator: Kimberlynn Taylor 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, Marisol Guzman, Andrew Musquiz, Carmen Perales Program Assistant: Patsy Quinn Copyright Dallas Bar Association 2014. 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.
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D al l as Bar A ssoci ati on l Headnotes 5
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
March 2014
In Memoriam - Relentless Activist and Attorney Adelfa Botello Callejo life. She always advocated for the poor and disadvantaged and demanded betThe Dallas legal community has ter education, fair representation, and lost a strong advocate for equal treatment for the discivil rights, tireless comenfranchised. As an attormunity activist, generney, she advocated for her ous philanthropist and clients and navigated the leader among the Hispanic legal system to achieve juslegal community. Adelfa tice. She was the voice of Botello Callejo died on the Hispanic community January 25, 2014, at the and of so many who had age of 90 after a valiant no voice of their own. As fight against brain cancer. a “godmother” to the HisShe is a legend in her own panic community in Dalright, having risen from las, she tirelessly fought to poverty in rural Texas, bring public attention to where she attended segreinjustices. Adelfa sought gated schools, to becoming to ensure that poor and an attorney and achieving Adelfa Botello Callejo minority children grew power, wealth and influence using her up with opportunities to succeed. She own indomitable style. cared deeply for people, their rights and Adelfa was a kind, generous soul who their futures. was always willing to give her support to Adelfa advocated tirelessly for individuals in need. Advocacy is a com- changes intended to eradicate barriers mon theme running through Adelfa’s to success. She laid the foundation for By Elisabeth A. Wilson
DVAP BELO LEGAL CLINIC Wednesday, March 26 ~ From 5 to 9 p.m. • At the Belo Mansion
VOLUNTEERS NEEDED! Attorneys are needed (at 6:30 p.m.) to provide legal advice to those who cannot afford an attorney. Support volunteers are also needed (at 5:30 p.m.) to help coordinate the legal clinic. Mentor-attorneys will be available to assist. Sponsored by the DVAP, a joint project of the Dallas Bar Association and Legal Aid of NorthWest Texas. To volunteer, contact Chris Reed-Brown, at (214) 243-2243 or reed-brownc@lanwt.org.
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others to follow and blazed many paths previously not tread by a Hispanic woman— or by anyone, in many cases. She was the first Hispanic woman to graduate with a law degree from SMU Dedman School of Law. Adelfa was a co-founder and past president of the Mexican American Bar Association in Dallas, which is the predecessor organization to the Dallas Hispanic Bar Association (DHBA). The DHBA presented Adelfa with its “La Luz” award in 2010, an award given to those who are trailblazers in lighting the path for Hispanics in the legal profession. Adelfa also served as a Past Director of the State Bar of Texas, Past President of the Dallas County Criminal Bar Association, former Regional President of the Hispanic National Bar Association, Executive Board member of the SMU Dedman School of Law, Chair of the Dallas Housing Authority, Member of the DFW Airport Board, Member of the DART Board, Lifetime Member of the
League of United Latin American Citizens and many more notable achievements. In 2012, the DISD dedicated the Adelfa Botello Callejo Elementary School in Pleasant Grove in her honor. Aside from her professional and community achievements, she was a beloved wife, sister and aunt to many who have made their own meaningful contributions to the Dallas community. She was respected by the broader Dallas community—and throughout the country—for her tireless efforts and passionate spirit of advocating against injustice. Adelfa Botello Callejo will be missed by the Dallas community. May her passionate spirit and civic concern leave a legacy to inspire us all to actively contribute to our community and to never lose sight of the noble HN ideals of our profession. Elisabeth A. Wilson is an associate at Winstead, P.C. and current president of the Dallas Hispanic Bar Association. She can be reached at ewilson@winstead.com.
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D al l as Bar A ssoci ati on l Headnotes 7
At PayneMitchell, we believe our clients have suffered enough without having to worry about the costs of fair legal representation. We commit to cases when we truly believe that the time and effort of going to trial or negotiating a settlement is worthwhile. That’s why we handle both personal injury and business litigation on a contingency fee basis. And because we have complete confidence in every case we represent, we’re able to combine passionate advocacy with compassionate support and understanding for the challenges our clients face. We measure success not only by achieving the best possible results for each client, but also by the positive changes in products, processes and practices we influence that result in a safer, better community for all. To learn more about why it pays to talk to PayneMitchell Law Group, contact us today.
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8 He a d n o t e s l D a l l a s B a r A s s o ciation
March 2014
Column State Bar President Jimmy & Rosalynn Carter Work Project Coming to Dallas SBOT President’s Update by Al Ellis
MARK YOUR CALENDARS!! The Jimmy & Rosalynn Carter Work Project will be coming to Dallas October 5-11, 2014. For 30 years, former President Carter and his wife, Rosalynn, give a week of their time to help Habitat for Humanity improve and build homes throughout the world. They have gone to 14 countries and 30 cities and built 3,000 homes with 65,000 volunteers. The Jimmy & Rosalynn Carter Work Project helps raise awareness for the critical need for simple, decent and affordable housing. In 2014, the Carters will focus their efforts in Dallas and Fort Worth; hosting the 31st annual Jimmy & Rosalynn Carter Work Project. This year, Dallas Area Habitat for Humanity will be the co-host site for the 31st Jimmy & Rosalynn Carter Work Project which will take place in East Oak Cliff. Trinity Habitat in Ft. Worth, Texas will also be co-hosting the event. Since 2004, Dallas Habitat has invested its time and talents into the revitalization of East Oak Cliff, also known as Oak Cliff Gardens, a residential neighborhood located behind the Veterans Hospital. Dallas Habitat’s vision for East Oak Cliff is one of comprehensive revitalization in partnership with the public sector, faith-based organizations, non-profits and private investors. Dallas Habitat’s neighborhood revitalization initiative focuses systematically on problem points to change the neighborhoods’ trajectory from one of disinvestment, depopulation and deterioration to stabilization and ultimately transformation into a thriving community offering families,
by Lisa Tatum
including families of veterans, a stable and healthy living environment. The Dallas Bar Association, in partnership with the Dallas Asian American Bar Association, the Dallas Association of Young Lawyers, the Dallas Hispanic Bar Association, the Dallas Women Lawyers Association and J.L. Turner Legal Association, has formed a task force to raise $100,000 to support the Carter Work Project and to assist in providing 1,000 volunteers-a-day during the week of October 5-11, 2014. Over the next several months, lawyers in Dallas will be asked to contribute financially and, most importantly, to provide hundreds of volunteers to build one of the projected homes, and to provide the enormous logistical support necessary for the DFW Carter Work Project to be the most successful Carter Work Project in its history. So, mark your calendars and be ready to take at least a day, if not the entire week, off from work to provide the needed support for this project. In this regard, we are encouraging not only lawyers to support this project, but also your very important staff personnel who support you on a daily basis. Stay tuned for more to come in the future, but Mark your calendars HN now!! Al Ellis is Of Counsel at Sommerman and Quesada LLP and a DBA Past President. He can be reached at al@textrial.com.
January 2014 marked the midpoint of my tenure as president of the State Bar of Texas. As I look back on what we have accomplished as a bar in the first half of my tenure, I see many of the ways our bar touches the lives of others through public education and service. We serve our community by assisting those in need of legal services. We continued to raise money for the veterans at the Texas Access to Justice Gala in support of our Texas Lawyers for Texas Veterans program. We rolled out our Care Campaign, one of my presidential initiatives, and implemented the use of the Care Kit, which is a set of tools designed to encourage and make it easy for lawyers to engage in pro bono services, to help members of our community who are in need of free legal advice. It was with great pleasure for me that we launched our civ- Lisa Tatum ics education program “I was First. Vote for Me!” This, my other presidential initiative, is a multimedia, bilingual program that entered classrooms at the beginning of this academic year. The project focuses on U.S. and Texas historical figures who were the first to do something in history and is compliant with the Texas Essential Knowledge and Skills standards for social studies for grades kindergarten through fifth. Our reach with this program has extended to more than 196,000 students through teacher trainings and class presentations. Our bar continues its efforts at touching the lives of our members as well. We introduced the Texas Bar Private Insurance Exchange, an online marketplace where our members can compare plans from multiple providers, and our members are benefiting from our exchange, which has been reported to be easier to navigate than the federal website. Immediate Past President Buck Files and I initiated the Task Force on Aging Lawyer Issues to help address matters associated with aging lawyers related to the practice of law and to educate lawyers, judges, partners, and family members about those issues. As many of us extend our tenure as practitioners, still other young and aspiring lawyers join our ranks. This fall we welcomed more than 2,200 new attorneys to the State Bar of Texas. Tom Owens, the high scorer on the July 2013 bar examination, addressed
those in attendance with his speech about just getting started. The bar’s Transition to Practice program, which matches newly-licensed lawyers with more experienced attorneys who volunteer their time and experience to mentor lawyers in their first several years of licensure, continues to be a dynamic and helpful program for many of our new lawyers. I believe mentoring is an invaluable opportunity to learn from someone about life and the practice of law, including various issues ranging from law practice management and effective client representation to pro bono opportunities and career development. Local bar association and section involvement are also great ways to learn and connect. The Texas Young Lawyers Association Ten Minute Mentor provides instructional presentations on different topics for attorneys of all ages and tenure of practice when some quick advice is needed. We are a large bar organization and our members are at different stages in their lives, practices, and career trajectories. Recognizing these facts, the bar offers career and practice management tools and resources to assist our members who are searching for employment or opening a new practice. These include the Texas Bar Career Center, the electronic Job Flash, the Law Practice Management Office in a Flash and our Alternative Careers Seminar. With our membership size and demographic coverage, effective communication has become increasingly important. In June, we implemented a new social media plan to expand the ways our bar communicates with our membership. Our Facebook fan numbers increased by more than 1,600. We have a Twitter following of more than 2,000. We are in a place and time where greater engagement can have a significant and positive impact on our association and our community. The New Year is well underway and is filled with new opportunities. I want to take a moment to thank you. I remain grateful for the opportunity to serve and appreciate the congratulations and support many of you have shared with me along the way. There is much more that we can and need to do for our membership and our community and that extends beyond my tenure. And, together we can help one another and continue to make a difference. I look forward to hearing from you.
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D al l as Bar A ssoci ati on l Headnotes 9
Appellate Law/Trial Skills
Mandamus Review of Orders Granting New Trials by Wes Black
“We have it in our power to begin the world over again.”—Thomas Paine Although originally a reference to American independence, until recently this statement might have applied equally to a Texas trial judge’s power to “press the reset button” by ordering a new trial. For nearly a century this authority was largely unfettered, and new trial orders were reviewable only when the order itself was void or when the trial court erroneously identified an irreconcilable conflict in the jury verdict. The landscape began to change in 2009 with the Supreme Court’s decision in a case in which the petitioner sought mandamus review of an order granting a new trial solely “in the interests of justice and fairness.” In re: Columbia Medical Center, 290 S.W.3d 204 (Tex. 2009). On review, the Supreme Court imposed a requirement that a trial court state its specific reasons for granting a new trial, and that an order referencing only the interest of justice was insufficient. Three years later, the Supreme Court’s opinion in In re United Scaffolding provided additional guidance to trial judges, holding that a new trial order cannot merely recite, for example, that a particular finding was against the great weight and preponderance of the evidence; rather, the order must “indicate how the trial judge considered the specific facts and circumstances of the case at hand and explain how the evidence (or lack of evidence) undermines the jury’s findings.” In re United Scaffolding, Inc., 377 S.W.3d 685 (Tex. 2012). Together, Columbia and United Scaf-
folding require a new trial order to be “understandable,” “reasonably specific,” “cogent,” “legally appropriate,” “specific enough to indicate that the trial court did not simply parrot a pro forma template,” and issued “only after careful thought and for valid reasons.” In the parlance of an elementary school math teacher, these cases require trial judges to “show their work.” Neither case expressly overruled precedent that prohibited merits-based review of new trial orders except in very limited circumstances. As such, it was unclear how a Court of Appeals was to confront a new trial order that, although sufficiently specific, was wrongly decided. Last August, the Supreme Court unequivocally answered that question, holding that “an appellate court may conduct a merits-based review of the reasons given for granting a new trial.” In re Toyota Motor Sales, U.S.A., Inc., 407 S.W.3d 746 (Tex. 2013). The plaintiff in Toyota Motor Sales sought a new trial after an adverse jury verdict, arguing that Toyota’s counsel had violated a limine order in closing argument by referring to evidence of the plaintiff’s failure to use a seatbelt at the time of the accident. The trial judge granted a new trial and issued an order that complied with the specificity requirements of Columbia, stating that the defense counsel had willfully violated the limine order and that the harm could not have been cured by a limiting instruction. After conducting a “cumbersome review of the multi-volume trial record,” the Supreme Court determined that the plaintiff’s counsel had previously (and inadvertently) introduced this evidence
himself, thus placing it in the record and available for use during closing. The Court concluded that the trial court abused its discretion by granting a new trial for that reason. Before seeking mandamus review, a practitioner faced with an unwelcome new trial order should object to any lack of specificity and any meritless ground on which the order was based. Mandamus review of new trial orders will likely still require that the petitioner make a specific, non-futile request that the judge either denies or refuses to rule upon. Conversely, a practitioner who has secured a new trial should draft a proposed order that endeavors to satisfy the specificity requirements of Columbia, identifying all valid grounds that support the trial court’s decision, and excluding “the interests of justice” as a basis for the order. Although significant, Toyota Motor
Sales is merely the most recent example of the Supreme Court’s willingness to expand appellate review of interlocutory orders, placing the appellate courts in an increasingly supervisory role. This approach persists even in the face of statutory limits on appellate jurisdiction. As Justice Lehrmann observed in a footnote to her concurring opinion, merits-based review of a new trial order based on factual sufficiency or great weight and preponderance grounds is problematic because the Supreme Court lacks jurisdiction to conduct factual sufficiency reviews. See Tex. Gov’t Code § 22.001(a). It remains to be seen how the Supreme Court will conduct a comprehensive merits-based review of a new trial order based on a factual sufficiency challenge while remaining safely within its jurisdictional HN confines. Wes Black is a partner at Lenahan Law, P.L.L.C., and can be reached at wes@lenahan.com.
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2014 Distinguished Alumni Award Recipients
Congrat ulat ions! Sponsor a table or reserve your seat! Distinguished Alumni Awards Dinner
The Honorable Mary L. Murphy ’83 Presiding Judge of the First Administrative Judicial Region Distinguished Alumni Award for Judicial Service Wm. Stephen Boyd ’81 Chief Legal Officer of Baylor Scott & White Health Distinguished Alumni Award for Corporate Service Dr. Shen Shiaoming ’81 International Legal Consultant for Mackenzie & Albritton LLP Distinguished Global Alumni Award
March 27, 2014 – 6:00 p.m. The Belo Mansion & Pavilion
Table Sponsorship: $1,000 per table (10 seats) Seats: $100 per person Contact Stephanie Duvall at sduvall@smu.edu or call (214) 768-3634.
Travis Tygart ’99 Chief Executive Officer of the U.S. Anti-Doping Agency Emerging Leader Award The Honorable Elizabeth Lang-Miers Justice of the 5th District Court of Appeals Honorary Alumna
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
March 2014
DBA Remembers Jeff Coen and Ken Fuller courts and justice in our community. Jeff’s support for DVAP was endless. In addition to always being willing to take on a pro bono client, train volunteers or help Former judge, family lawyer and stead- plan a program, he reinvigorated DVAP’s fast supporter of the Dallas Volunteer Attor- Family Law Nut’s & Bolts CLE program ney Program, Jeff Coen died on January 14, over a decade ago. With his 2014 at the age of 62. guidance and encouragement, Jeff became involved in pro DVAP redesigned the CLE to bono during the early years of his require attorneys who attended legal career, representing many the program to commit to reprepro clients free of charge through senting DVAP clients, a change what is now the Dallas Volunthat dramatically increased the teer Attorney Program. As his number of clients served by the practice developed, Jeff started to program. Jeff also helped DVAP mentor other attorneys in their expand the effectiveness of its pro pro bono work, sharing his legal se divorce program by enthusiasknowledge as well as his strong Jeff Coen tically developing a “night court” commitment to professionalism for pro se and pro bono attorneys. and integrity with others. After becoming Jeff brought his own joy of life and an Associate Judge for the Dallas Family energy to everything he did. He approached Courts in 1994 and then the District Judge people with a smile, treated all with respect of the 254th District Court in 2002, Jeff and kindness, and threw himself full force did not forget pro bono. He continued to into any project he took on. These are the encourage lawyers to donate their legal tal- ingredients that made him so well-loved and ents to the less fortunate, and, if anything, respected as an attorney, judge and friend became even more aware of the great service and helped him inspire so much positive that pro bono lawyers provide to clients, the change for others. by Alicia Hernandez
Jeff Coen
Ken Fuller
attorneys were known to line up outside his office door for guidance and support. Ken Fuller, aviator, marine, beloved Ken did not stop with mentoring. He husband and father, and lawyer, died on was at DVAP to help, so he did it all and January 18, 2014 at the age of 81. did it all well. He represented clients and Ken’s passion during his retirement second-chaired cases with volunteers. He years was pro bono. He volunteered every recruited his colleagues and Monday and Tuesday for at least friends to take pro bono cases. the last 12 years at the Dallas He planned and spoke at DVAP Volunteer Attorney Program. trainings. He revised legal docuAs a board certified family law ments to ensure that DVAP was practitioner who helped draft always up to speed on changes in the Texas Family Code, Ken the law. soon became indispensable to Ken was a friend, mentor the program. The DVAP staff and father figure to the DVAP continuously sought his advice staff, many Dallas pro bono and counsel on pro bono clilawyers, the legal community ents’ cases, he mentored hunand beyond. He was always tryKen Fuller dreds of pro bono volunteers, ing to do more and to do better and he fine-tuned DVAP’s Pro Se Divorce so that DVAP, its clients and its volunProgram so that these clients would get teers could succeed. the same, expert level of legal help as the Thank you, Ken, for your devotion to clients at Ken’s law firm, KoonsFuller. pro bono and for inspiring the DVAP staff Ken’s open heart and open mind made and volunteers to do more and do better people feel at ease in seeking his help, and every day. HN his vast family law experience made everyone confident in his counsel. In addition Alicia Hernandez is the director of the Dallas Volunteer Attorney to the DVAP staff and pro bono attor- Program and the DBA director of community services. She can be neys seeking his assistance, Legal Aid staff reached at ahernandez@dallasbar.org.
SAVE THE DATE! Dallas Minority Attorney Program CLE April 4, 2014 | 8:45 a.m.-5:00 p.m. at Belo | Free Luncheon Speaker: Lisa Tatum, SBOT President Topics Include: court appointments, client development, managing and developing your practice, technology and much more. MCLE 7.00, pending To register, email ahernandez@dallasbar.org.
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D al l as Bar A ssoci ati on l Headnotes 11
Appellate Law/Trial Skills
Subpoena Power Under Amended Rule 45 by David C. Kent
The subpoena power of Federal Rule of Civil Procedure 45 has long been a powerful tool for obtaining evidence from party and nonparty witnesses. Due to technical and abstruse wording, however, the Rule often has been misapplied, creating disputes about whether subpoenas were properly issued, served, or enforced. Even the Federal Civil Rules Advisory Committee labeled Rule 45 a “three-ring circus.” To overcome these problems, Rule 45 was amended effective December 1, 2013. The amendments simplified and clarified procedures for issuing, serving, complying with and enforcing subpoenas. Place of issuance–45(a). Subpoenas now must be issued by the court in which suit is pending rather than, as before, from the district where performance would occur. While an attorney could issue and sign a subpoena under the old Rule, he generally had to be admitted to the issuing district, which often required obtaining the services of local counsel in distant or remote locations. The amendments solve that problem. Place of service–45(b). The amendments now authorize nationwide service of process (not to be confused with place of performance, discussed below). Previously, discrepancies between the places of issuance, service and performance generated disputes about the subpoena’s validity. Now, the deponent or witness can be served wherever he made be found, regardless of how far it may be from his place of residence or employment or the place designated for performance. Place of performance–45(c). The amendments left unchanged most of
the Rule’s provisions protecting nonparties from the burdens of compliance and enhanced protections for parties. As before, non-party witnesses need only attend a hearing or deposition within 100 miles of where the witness resides, is employed or regularly transacts business in person. A non-party witness can additionally be required to attend trials anywhere in the state the witness resides, is employed or regularly transacts business, provided that it not be at his “substantial expense.” Subpoenas duces tecum are subject to the 100 mile limit. For trial testimony by party witnesses, the 100 mile/in-state geographic limits apply. The amendment’s objective was to overrule the result of In re Vioxx Products Liability Litigation, 438 F. Supp. 2d 664 (E.D. La. 2006), where the court required a corporate party’s officer to travel to Louisiana for trial even though he lived and worked in New Jersey. These geographic limits only apply to trials. They do not apply to party depositions, where no subpoena is required. Parties and their officers, directors and managing agents can still be required to attend depositions upon notice, without subpoena and without regard to the geographical limitations of Rule 45(c). Place for enforcing compliance– 45(d), (e), (f) and (g). All motions related to compliance with a subpoena, e.g., motions to quash or for protection, to compel, etc., should initially be brought in the district where performance is to occur. The amended Rule is not absolute in this regard, however. It includes a new subsection 45(f) allowing local courts to transfer motions to the court of suit if (1) the deponent or witness consents to the transfer, or (2) the local court finds that
“exceptional circumstances” warrant a transfer. The burden of proof rests upon the party seeking the transfer. The Rule does not define “exceptional circumstances.” The Advisory Committee Notes say that transfer may be appropriate when necessary to avoid disrupting the issuing court’s management of the underlying litigation; for example, to avoid inconsistent results where the issuing court has already ruled on the points in dispute. The court where compliance is to occur (or the court to which a motion is transferred) has authority to issue contempt orders for failure to comply with either the subpoena itself or any subsequent orders requiring compliance. The transferee court can retransfer the case back to the local court for purposes of obtaining compliance. Counsel for the deponent or witness in the local transferring court can appear and argue in the transferee court without pro hac vice admission.
Advance notice of a pre-trial discovery “documents only” subpoena–45 (a)(4). The amendments made a nonsubstantive, but nevertheless important, change. As created in 1991 and modified in 2007, parties could issue pre-trial discovery “documents only” subpoenas, provided they notified other parties before service of the subpoena. Parties often ignored these notice provisions, however, which frequently provoked disputes about “mystery” documents that seemingly appeared out of nowhere at depositions, hearings or trials. The notice provision now is more conspicuous, with its own subsection, 45(a)(4). All parties must receive notice of intent to serve a Rule 45 subpoena, along with a copy of the subpoena, before the subpoena is served. By its wording, the “advance notice” provision does not apply to subpoenas requiring document produc HN tions at or after trial. David C. Kent is Special Counsel at Sedgwick LLP. He can be reached at savid.kent@sedgwicklaw.com.
‘BAR NONE’ AUDITIONS Tuesday, April 1 ~ 5:30 to 7 p.m. ~ Belo Mansion Auditions for Bar None XXIX: Kinky Suits will take place April 1 at Belo! All who audition will be cast. The Bar None show, to be held at the Greer Garson Theater June 11-14, benefits the Sarah T. Hughes Diversity Scholarships.
Choreographers Also Needed. Contact Rhonda Hunter at rfhunter@hotmail.com. Questions? Contact Bar None’s Director, Martha Hardwick Hofmeister, at (214) 780-1400 or mhofmeister@shacklaw.net.
PROFESSIONAL SEMINAR 2014 T U E S DAY, M AY 13
Top Charitable and Estate Planning Ideas for the New 2014 Tax Environment
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12 H e a d n o t e s l D a l l a s B a r A s s o ciation
Focus
March 2014
Appellate Law/Trial Skills
Modern Cross Examination: Winning Through Your Opponent’s Testimony by John P. Walsh
During trial, should attorneys rely primarily on their opponent’s witnesses to prove their case or rely more on their own witnesses? Two nationally renowned trial attorneys, Larry Pozner and Roger Dodd, argue that a “constructive” cross examination approach is more effective for winning because it relies on eliciting favorable testimony from an opponent to establish major elements of their case. While attorneys have always sought to gain some favorable testimony from their opponents, this approach aims to rely primarily on winning through an opponent’s witnesses rather than their own witnesses. Traditionally, trial attorneys have primarily used a “destructive” cross examination approach to undermine their opponent’s case by assailing the opponent’s witnesses. A trial attorney following this approach focuses on techniques to damage the opponent’s credibility, trustworthiness, and reliability. If attorneys are unable to damage the
witness, they often attempt to limit or marginalize the witness’ testimony. They generally would not work to elicit favorable testimony to support major aspects of their case, leaving that heavy lifting primarily to the direct examination of their own witnesses. The constructive cross examination approach arguably is more effective for winning trials because it aims to establish accepted facts. At trial, attorneys can elicit favorable testimony from their own witnesses on direct examination or from their opponent’s witnesses on cross. Relying on direct examination is unpredictable and unreliable because the fact-finder may discount or not accept this evidence. But the fact-finder generally will accept as true the favorable testimony that attorneys obtain from their opponent on cross, making a fact established on cross an “accepted fact.” And a case built on accepted facts is much stronger than a case built on unpredictable direct examination. The destructive approach is natural in an adversarial system. For some attorneys, there
Interviewers Needed Help Interview Dallas ISD High School students for the 2014 Summer Law Intern Program.
is nothing more important than destroying an opponent on cross. These attorneys may even impeach the opponent on a prior inconsistent statement when that testimony is unrelated to the attorney’s theory of the case. But this approach may actually damage or waste a key witness that could establish an important aspect of your case. In a constructive approach, trial attorneys should focus their case on obtaining favorable testimony from their opponents. The more aspects an attorney can establish with her opponent’s witnesses, the more likely she is to win. To illustrate, consider a trade secrets case where a plaintiff claims that its customer lists are trade secrets and the defendant claims that these lists are neither secret nor economically valuable to the plaintiff as a secret. On cross, the defendant may elicit testimony from the company’s marketing director that his primary job is to develop the company’s brand, that this manager worked diligently to build up the brand, and that the company’s brand is tied to the prestige of the company’s various customers. Digging deeper, the defendant may elicit testimony about the manager’s work at a trade show where he circulated a presentation on a video monitor that displayed the logos of his largest customers. The defendant may also elicit testimony from the sales staff about emails to prospective customers that frequently namedropped their current customers to establish credibility with these potential new custom-
ers. These witnesses may also testify that they do not have any documentation to show the execution of non-disclosure agreements with any of the prospective customers who were told about the company’s prestigious customers. All of this testimony supports the defendant’s theory that the company derived economic value from disclosing its customer lists to third parties; the plaintiff did not gain any economic value in keeping this information a secret. A constructive cross examination is difficult to execute and requires significant preparation. It is never easy to maneuver an opposing witness to testify favorably. To deal with these difficulties, Pozner and Dodd have developed an array of special techniques and strategies to elicit favorable testimony from an unwilling opponent. These techniques and strategies are described in detail in their book, Cross-Examination: Science and Techniques. Many of these techniques rely on obtaining sufficient facts and details about the case to maneuver an opponent to testify in a certain manner that favors a party’s theory. Without sufficient facts and details, it is unlikely that an attorney can effectively employ a constructive cross examination. Therefore, if you cannot win the case through your opponent’s witnesses, you may need to re-evaluate the HN strength of your case. John P. “Jack” Walsh is an attorney at The Wade Law Firm, P.C. and can be reached at jwalsh@wadelaw.com.
You can hire an intern AND help with interviews Dates/Times: April 8, 9 & 10 at 1:30 p.m. To learn more, contact Kimberlynn Taylor at ktaylor@dallasbar.org or visit us at: www.dallasbar.org/summerlawinternprogram
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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
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Focus
D al l as Bar A ssoci ati on l Headnotes 13
Appellate Law/Trial Skills
Where Do I Start in Drafting a Civil Jury Charge? by Stacy Obenhaus
This article is what I wish someone had written for me 100 jury charges ago, before drafting my first charge, answering key questions like “where do I start?” and “what next?” There is no one way to do it, certainly, but here is what generally works for me. First, gather the live pleadings; any summary judgment/dismissal orders; and discovery responses addressing damages theories (disclosures, expert reports, etc.). With these you can determine the range of possible claims, defenses and issues remaining for trial. Second, determine what purpose your document will serve. Get the judge’s specific requirements, if any, from the court’s website or scheduling order. If the court ordered an exchange of drafts before trial, your task may simply be to get something resembling a charge to opposing counsel by the deadline. If the court wants a proposed joint charge to work on during trial, that may demand more effort. If the draft is for the charge conference, or if it is part of a pretrial order under Federal Rule of Civil Procedure 51, you need a very precise product. In state court you might prepare the document following Texas Rule of Civil Procedure 276. Third, if you are not the trial lawyer, talk to the trial lawyer about her theory of the case to further focus the submission. For example, she might say that the only DTPA theory she will pursue is breach of warranty, or that of the nine defenses the answer asserts, only “waiver” should be submitted. Fourth, outline the matters the charge will submit: (a) basic liability issues; (b) actual damages; (c) punitive
damages issues—e.g., malice, amount, and intentional acts that “bust the cap;” (d) vicarious liability issues (agency, alter ego, conspiracy, etc.); (e) affirmative defenses, including issues of comparative responsibility; and (f) issues needed to support any requested equitable relief (e.g., the amount of restitution). Each category has sub-categories. Thus, submitting malice might include instructions on when malice can be attributed to a corporate defendant. Comparative responsibility generally requires the submission of liability issues regarding third parties (e.g., settling defendants) as a predicate to apportioning responsibility to them. Fifth, get the Texas Pattern Jury Charge (PJC) books and get at it. If you are drafting a proposal for the court, draft a complete “Charge of the Court” with verdict forms the judge could hand to the jury even if it includes only your client’s issues at this point. Number the submissions with headings identifying the issues. For example, for “breach of contract” the charge might start with a contract formation question, followed by a question on breach, then damages, etc.—like this: Question No. 1a [contract: formation], Question No. 1b [contract: breach], Question No. 1c [contract: damages] . . . For the next cause of action (e.g., fraud) do a “Question No. 2” series—and so on. Then you can add/ delete questions from a series without having to renumber all questions in your entire document, which gets confusing. Once you exhaust the PJCs, go to the relevant statutes or caselaw for your questions and instructions. This gets challenging, but a rule of thumb is to first trace that statutory or case language
precisely and then modify it to eliminate “legalese” a jury may not grasp. Remember your goal: to ask the question(s) whose answer(s) will entitle your client to relief regarding the claim at issue, even if that relief is “plaintiff takes nothing.” Submit only disputed fact issues. Thus, if Newco undisputedly failed to pay the contract price, you would not submit “did defendant fail to comply with the agreement,” when the only issue is whether any duty to pay was triggered. You might just need to ask: “Did plaintiff timely deliver the goods in accordance with the agreement?” Once you have covered the basic issues for liability, damages, defenses and vicarious liability, clarify the submission. If four tort claims arise from one injury, you might submit one actual
Do You Want to Refresh Your Spanish? Spanish for Lawyers is the Answer! 10-Week Course Summer 2014 | $180 April 1-June 3, 2014 All courses are a continuation of spring semester. For more information, contact Teddi Rivas at TRivas@dallasbar.org or (214) 220-7447.
damages question conditioned on affirmative findings as to any one or more of the liability questions. You might submit respondeat superior issues by instruction rather than separate question—e.g., ask if Newco committed fraud and instruct that Newco is responsible for its officers’ conduct. Define technical legal terms. Check the conditioning language closely—then check it again! Finally, show the draft to the trial lawyer (or someone who knows the case well) and refine it in light of the anticipated proof, balancing your case’s strengths and weaknesses against the need for a legally correct submission. Deceptively simple, right? Good HN luck! Stacy R. Obenhaus chairs the appellate practice group at Gardere Wynne Sewell and can be reached at sobenhaus@gardere.com.
Check Out the DBA Activities Celebrating The Dallas Arts District This Month! www.dallasbar.org
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
Focus
March 2014
Appellate Law/Trial Skills
Effective Tips and Strategies for Litigators in Arbitration by Joseph M. Cox
The Supreme Court of Texas and courts all over this great state and nation have, for years and years, compelled cases to arbitration. And, for the most part, the courts uphold arbitration awards. Thousands of arbitration awards have been entered throughout the years with a scant percentage of such awards being overturned. This article will remind you of the basics, and provide a little insight into the arbitration process and how lawyers can better represent their clients.
Read the Arbitration Clause at Issue
The first thing that a lawyer should do is read the arbitration clause at issue. Although this sounds like simple advice, I have encountered numerous lawyers who do not know what the arbitration clause at issue states. Arbitration clauses may have limitations on discovery, attorneys’ fees, deadlines and many other details. It is you, the lawyer, who needs to know these details.
Know the Scope of the Arbitration Clause
The trial court will decide the threshold issue of whether there is a binding arbitration agreement in place between
the parties. Once the trial court decides this threshold issue, the arbitrator will decide the scope of the arbitration agreement. Whether some or all of the claims in a matter will be arbitrated depends almost entirely on the arbitration clause at issue and the claims that are being asserted. Obviously, the parties can expand the scope of the arbitration clause by agreement. But, the arbitration also can be expanded by waiver. It is incumbent upon lawyers to know the scope of the arbitration clause and what causes of action or claims are part of the pending arbitration and what are not. Object early and often to any expansion of the scope of the arbitration beyond the clause. Seek court intervention, if necessary, to preserve this issue for the appellate system.
Be Prepared
Know the Rules of the Forum
The issue of whether rules of evidence apply is first determined by the arbitration clause. If the arbitration clause is silent, then no rules apply to a final hearing or any matters taken up prior to a final hearing such as summary judgments. The better practice is to speak with your opposing counsel and agree to the Texas or Federal Rules of Evidence. Without such an agreement, all sorts of hearsay (and hearsay within hearsay) become admissible at a final hearing. Further, the lawyers should discuss any rules of procedure that will apply to matters such as summary judgments.
There are several forums that provide for arbitrations such as the American Arbitration Association (AAA) and JAMS. You should know the rules that apply to your arbitration. AAA has different rules for commercial cases, employment cases, expedited rules and many others. For example, under Rule R-43(d)(ii) of the Commercial Arbitration Rules of AAA, if both parties request attorneys’ fees, the arbitrator can award attorneys’ fees even if there is not a provision for attorneys’ fees in the arbitration clause.
Perhaps it is best if lawyers would think of the final arbitration hearing as if it were a bench trial or a one-person jury. Oftentimes, lawyers seem to take a looser approach, somewhat lackadaisical, to the arbitration process and the final hearing. Whether it is putting on less evidence or not having exhibits or other evidence ready for the final hearing, the arbitrator notices the difference. There is not a lesser burden of proof in arbitration. Lawyers should have their trial briefs, exhibits and witnesses ready, and they should also prepare a closing brief. In simple words, be ready for arbitration just like you would be for a trial at the courthouse.
Rules of Evidence? Procedure?
Know the Costs and Discuss with Client
The common thought amongst the business community is that arbitration is faster and cheaper. Lawyers know this is not the case. Arbitration can be as expensive as a normal lawsuit at the courthouse. However, the advantages to arbitration are that it can be quicker and private. Discuss this fact with your client so that he or she is not taken aback at the cost or time. Arbitration can have the same amount of discovery as it would in the court system with the added cost of the one- or three-person panel. The arbitrator can help the parties reign in discovery especially if the lawyers work out an agreement on the amount of discovery (but most arbitrators are reluctant to limit discovery barring an agreement for fear that this is tantamount to refusing to hear evidence, which is one way to vacate an award).
Conclusion
If you know your arbitration clause, know your forum and prepare your arbitration case just like you would try a case at the courthouse, you will be in the best position to obtain a favorable ruling for HN your client.
Joseph M. Cox is a partner at Bracewell & Giuliani LLP and the former Judge of the 160th Judicial District Court. He can be reached at joe.cox@bgllp.com.
PLEASE SAVE THESE DATES October 5‐11, 2014
President Jimmy Carter, together with thousands of volunteers, will be in the DFW area for a weeklong build. The DBA and the sister bar associa�ons will partner with Dallas Habitat for Humanity on this project. For more informa�on about volunteering, contact kzack@dallasbar.org.
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Classifieds
Dal l as Bar A ssoci ati on l Headnotes 15
March
EXPERT WITNESS
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) 2229494. dlopez@pulmanlaw.com. 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.”
OFFICE SPACE
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 at (214) 546-6337 or 214-292-4202. North Dallas Tollway/LBJ – Class A Building - Lincoln Centre. Approx. 5,000 sq. ft. of office space for sublease. Several varying sized offices available. Shared Amenities include: Receptionist, use of conference rooms, copiers, postage meter, high speed internet, phones, kitchen area and parking garage. Contact: Cindy Robbins (972) 458-5358
The Annual Elm Fork Sporting Clays Course Event Is coming soon! Elm Fork Shooting Range, 10751 Luna Road, Dallas For more information, contact rthornton@dallasbar.org. Hosted by the Entertainment Committee
Office Space - Nicely decorated in North Dallas has 2 window offices available to share with a Board Certified Family Law specialist. Great location and easy access from either LBJ or Central Expressway. Free covered parking, large conference room, copier, highspeed internet, phones, kitchen and on site new health facility are all included. $975/ month. Call (214) 580-8000 or email us at kim@buholzlaw.com. Cost Reduced! Must lease or sell* condo offices in Preston Tower. Shared amenities (kitchen, conference room, reception area; wet bar and private bathroom in large corner office). Call (214) 369-1171 or email herbhooks@aol.com (*asking price reduced from $475k to $375k for 2,800 sq. ft.) North Dallas–Dallas North Tollway/ PGBT. Window office approx. 10x14 available for rent with civil litigation law firm. $500 including electric and Internet. Ideal for criminal or family lawyer. Easy access/ plenty of parking. Call Val (972) 334-9700 or email val@hulselaw.com. North Dallas. Law firm located at Lincoln Centre has two partner size offices and one cubicle available. located at Tollway and LBJ; two conference rooms; break room/ kitchen; copiers; postage machine. Email: dallasipfirm@gmail.com for more information. North Dallas - Law Firm has several offices with window views for lease near 635 & 75. Amenities include use of 3 conference rooms, covered parking, copier. Asking $950.00 month, Contact Aaron at (214) 336-4004. North Central at Meadow Road. Thinking about leaving your law firm and looking for office space? Officing on your own and looking for new space? Consider officing with PlusAssociates LLP, a Multidisciplinary Professional Services Group of
DBA Home Project “Helping Hands” Happy Hour Please join us to fundraise and celebrate the DBA currently building its 23rd home! The Tower Club will generously donate tips and a portion of proceeds from beverage purchases to the DBA’s Home Project. Thursday, May 15, 5:00 - 7:00 p.m. Tower Club, 1601 Elm Street, Thanksgiving Tower, 48th Floor, Dallas, TX
DVAP’s Finest Brad Johnson
Brad Johnson is a sole practitioner. He has been a regular volunteer at the Garland Legal Clinic for the last five years, and received the Outstanding Garland Clinic Attorney award in 2012. He has also taken on a few pro bono divorce cases, as well as serving as a speaker about volunteering at legal clinics at various New Lawyer Luncheons at the Belo. In addition, he refers new lawyers to the DVAP table at the New Lawyers Reception each fall. Thank you for all you do, Brad!
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
Firms. If your area of practice complements those that are currently provided at PlusAssociates LLP, this may be the perfect place for you. Our current firms provide the following services: Tax Planning, Tax Return Preparation and Asset Protection (Bruce E. Bernstien & Associates, P.C.), Commercial Collections, Wills and Trusts (Law Office of James R. Alexander), IRS Controversies, Wills and Trusts (Law Office of Stanton D. Goldberg), Financial Planning, Investments, Insurance, Estate Planning and Retirement Planning (Lora J. Hoff Financial Planning - CFP), Real Estate Investments (Trendview Real Estate Services - Carl Cross), Commercial Litigation (Cole & Cole, P.C. - Robert R. Cole, Jr.), Estate Planning, Probate, Wills and Trusts (John Paul Kelly, PC) and Commercial Litigation (Gramms Law Firm P.C. Darrell Gramms). Several offices are available with conference rooms, kitchen, fax machine, copier, scanner, phone service, high-speed internet, email, voicemail, free covered parking and Dart Station nearby. Meadow Park office building is at Meadow Road and North Central Expressway. Join us and take advantage of being associated with a growing group of firms with many opportunities for referral of clients to your firm. Call (214) 706-0837. 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. Offices available for rent with law firm located in Downtown Dallas Class A, arts district building. Amenities include conference room, law library, secretarial station, kitchen, parking garage, photocopy/scanner/postage/facsimile and related amenities. Contact Laura at (214) 922-9265. Sublease available for portion of beautiful space on Spring Creek Parkway, west of Custer in Plano. Two medium size window offices, one large corner window office and one interior office available. Sublet includes use of conference rooms, library, and kitchen. Plenty of parking. Fantastic rate. Email GadnessLaw@yahoo.com or call Laura Gadness or Nancy Amick at (214) 473-8383 for more info.
POSITION AVAILABLE
Attorney Position Available. Growing Collin County (Craig Ranch) AV Preeminent™-rated litigation and business boutique is seeking attorney(s) who believe they are ready to “do their own thing” with like-minded attorneys. Firm to provide beautifully-furnished office and everything needed for successful practice, including collegial atmosphere. Applicant will keep what she/he collects after contributing reasonable fraction to overhead. For self-motivated lawyer(s) with some portable business and looking to “make the leap” and control their own destiny, please email resume and cover letter to info@saunderswalsh.com.
Transactional Associate Attorney. Addison Law Firm, a nationally recognized, boutique transactional firm is seeking an Associate attorney with three or more years of experience in real estate and corporate transactional matters. Qualified and interested candidates should send their resumes to mmartin@addisonlaw.com. North Dallas. Intellectual Property Law firm located at Lincoln Centre is looking for a Patent Agent. At least 3 years’ experience in patent prosecution. Engineering or Computer Science preferred. Email: dallasipfirm@gmail.com for more information. Probate/Litigation Paralegal. Boutique probate, trust, and guardianship administration and litigation firm has an immediate opening for a probate / litigation paralegal with a minimum of 5 years’ experience in either probate or litigation. Excellent drafting and proofing skills a must. Candidate must be proficient in WordPerfect, Excel, Word and Outlook. Key traits include attention to detail, diligence, problem-solving skills, and the ability to work autonomously. Some evening / weekend work anticipated. Salary commensurate with experience. References, salary history and salary requirements are required with submission of resume for consideration. Send requested information to bbthompson@cnbwlaw.com. Palmer & Manuel, LLP seeks to add two attorneys with self -sustaining business in practice areas compatible to our existing practice. See our website at www.pamlaw.com and call Steve Palmer or Rebecca Manuel at (214) 242-6444.
POSITION WANTED
Real Estate and Finance Lawyer. More than 15 years major firm experience representing purchasers/sellers/lenders in commercial transactions, including multistate portfolios. Prefer real estate section of law firm. Excellence and responsiveness are priorities. Full or part time. D/FW area. (Principals only please). Respond to: Dallas Bar Association, Box 14–02, 2101 Ross Avenue, Dallas, Texas 75201.
SERVICES
Oil and Gas Buyer. Buying royalty interests, overriding royalty interests and nonoperating working interests. Send descriptive information to royalty@coromandelenergy.com for a prompt and fair evaluation. Owner is SBOT and DBA member. 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.
Last chance for a new directory photo! There are two upcoming photo sessions available to have your photo updated for the 2014 DBA Directory.
Wednesday, March 12: 9 a.m. to 3 p.m. at Belo Friday, March 14: 11 a.m. to 1:30 p.m. at the
North Dallas Clinic (5420 LBJ Frwy, Ste. 240)
It’s 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.
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
March 2014
Reputation. Resources. Results.
“The breadth, depth and pace of family law has changed immensely since I began practicing. To be successful in family law today, you have to be a savvy business person, with expertise in a multitude of areas such as business, accounting, and real estate. As a firm our size, we’re able to leverage each others expertise, resources and experience for every client’s benefit.” KoonsFuller, P.C. President Rick Robertson
Uptown Dallas 1717 McKinney Avenue Suite 1500 Dallas, Texas 75202 (214) 871-2727
Houston 109 North Post Oak Lane Suite 425 Houston, Texas 77024 (713) 789-5112
West Plano 5700 West Plano Parkway Suite 2200 Plano, Texas 75093 (972) 769-2727
www.koonsfuller.com
Denton 320 West Eagle Drive Suite 200 Denton, Texas 76201 (940) 442-6677
Southlake 181 Grand Avenue Suite 225 Southlake, Texas 76092 (817) 481-2710