Dallas Bar Association
HEADNOTES June 2015 Volume 40 Number 6
Focus Tort and Insurance Practice
Frank Stevenson Elected SBOT President-Elect Bar, he co-founded the Transition to Law Practice Program and was the Founding Chair of the Summer Law Intern Program. Also Dallas Bar Association 2008 during his tenure, Mr. Stevenson president, Frank Stevenson, a was awarded the State Bar’s “Best partner at Locke Lord LLP, has Series of Articles” for his Headbeen elected State Bar of Texas notes President’s Columns. President-Elect. Mr. Stevenson Mr. Stevenson is a member of received nearly 55 percent of the Dallas Bar Foundation Board the 23,958 votes cast during a of Trustees where he served as month-long voting period that Secretary-Treasurer. He is a Susended April 30. taining Life Fellow of the DalMr. Stevenson will be sworn las Bar Foundation, a Sustaining in as president-elect during the Life Fellow of the Dallas AssoState Bar’s Annual Meeting on ciation of Young Lawyers, a SusJune 19, 2015, in San Antonio taining Life Fellow of the Texas and will serve as the 78th presBar Foundation and a Fellow of ident of the State Bar of Texas the American Bar Association. from June 2016 to June 2017. Frank Stevenson An active participant in his Eight other Dallas Bar members have served as State Bar President— community, he serves as an Associate MemAngus Wynne, Sr. (1939-1940); Robert G. ber of the Dallas Citizens Council, a Director Storey, Sr. (1948-1948); J. Glenn Turner, of the North Dallas Chamber of Commerce, Sr. (1952-1953); Paul Carrington, Sr. a member of the Dallas Foundation’s Schol(1960-1961); Morris Harrell (1970-1971); arship Committee and as President of the Darrell Jordan (1989-1990); Harriet Miers Sammons Center for the Arts. Mr. Stevenson is AV Preeminent© in (1992-1993); and Betsy Whitaker (2003Banking and Finance Law and in Transporta2004). Mr. Stevenson served on the State Bar of tion Law by American Lawyer magazine and Texas Board of Directors (2010-2014) and Martindale-Hubbell. Mr. Stevenson received a bachelor’s served as its chair in 2012-2013. He currently serves on the Legislative Advisory degree from Amherst College in 1977 and a Committee of the Texas Access to Justice J.D. from the University of Virginia School Commission, is a member of the Pro Bono of Law in 1980. He and his wife, Helen, have Work Group of the State Bar Board of Direc- three grown children. In other results, DBA member Scott Stolley, tors and is a member of the College of the of Thompson & Knight LLP, was elected to the State Bar of Texas. During his tenure as President of the Dallas State Bar of Texas Board of Directors. HN Staff Report
Bar None XXX: Obscenely Funny! Hits the Greer Garson Theatre in June by Michelle M. Alden
Teddi Rivas Retires Staff Report
Long-time Dallas Bar Association Receptionist, Teddi Rivas, has retired after 40 years of dedicated service to the DBA. Teddi began as a part-time employee in the Lawyer Referral Service in 1975. She became full-time in 1978. At the time, the DBA headquarters were located in the Adolphus Tower and hotel, membership was 3,353 and the DBA President was Charles P. Storey. Jo Anna Moreland was the Executive Director. Life at the DBA was much simpler in the 1970s. There were no personal computers, no fax machines, no postage machines, no multi-line telephones and no MCLE. Mem- Teddi Rivas ber dues were hand posted on 4x6 index cards; Inaugural invitations were hand-addressed and stamped by a small staff; and only a handful of voluntary CLE programs were held each week. In 1979, the DBA moved its headquarters to the Belo Mansion. Teddi continued as an
Interviewer in the Lawyer Referral Service, but soon became the Receptionist serving as the voice of the Dallas Bar Association until her retirement. She, however, wore many hats, including coordination of over 400 CLE programs each year, serving as the staff liaison to the DBA Home Project Committee, coordinating the Spanish for Lawyers classes, assisting with address changes, dues posting, bank deposits and more. Teddi was a trusted and loyal friend to the Bar, its members and the staff. The staff (and some special members) could always count on her to bring home-made breakfast tacos in the morning along with home-made salsa. And, during the holidays Teddi always treated the staff to her home-made tamales. The Dallas Bar Association has grown exponentially since 1975 and Teddi has always been an integral part of the DBA’s growth and its family. We all wish Teddi the best in her retirement. HN She will be greatly missed.
Inside 3 Steps for Responding to a Commercial Vehicle Accident 6 Pro Bono Golf Tournament 9 Mistakes in Corporate Insurance: The Top 10
13 The Implications of the Deepwater Horizon Decision
Join the cast and crew of Bar None June 10-13th as they present Bar None XXX: Obscenely Funny! This is the 30th year for the Bar None variety show and it promises to be the best show yet. Watch Dallas area lawyers and judges sing, dance and make you laugh so hard your sides hurt. As much as the cast and crew love performing and making people laugh, their real motivation is to support the Sarah T. Hughes Diversity Scholarship program. The scholarship program was established in honor of U.S. District Judge Sarah T. Hughes, a former trustee of the Dallas Bar Foundation, who devoted herself to improving the rights of women and minorities. The Hughes Scholarships provide tuition and fees for deserving minority law students each year. The Dallas Bar Foundation takes its responsibility for finding deserving recipients seriously. If you have ever met a Hughes Scholar, you know how impressive these students are. Support them
by coming to Bar None. Thousands of volunteer hours go into putting on such a large production each year. The hours come from lawyers all over the metroplex including 30-year veteran Director Martha Hardwick Hofmeister and Producer Tom Mighell, as well as the choreographers, script writers, committee members, actors and numerous behind-the-scenes staff. All of these Bar Noners share a passion for making a difference in the lives of the Scholars, our legal community and, for a few hours, the audience members. Show your support for the Dallas legal community and the Hughes Scholars by heading to the Greer Garson Theatre on the SMU Campus June 10-13th. To purchase tickets, visit www. barnoneshow.com, or contact Elizabeth Philipp at (214) 2207487 or ephilipp@dallasbar.org for sponsorship and ticket infor HN mation. Michelle Alden is the Managing Attorney of the Dallas Volunteer Attorney Program and a Member of the Marketing Committee of the Bar None Production Company. She can be reached at aldenm@lanwt.org.
Register now for the SBOT 2015 Annual Meeting The 2015 State Bar Annual Meeting is in San Antonio, June 18-19. For more information and to register, visit www.texasbar.com/annualmeeting.
2 He a d n o t e s l D a l l a s B a r A s s o ciation
June 2015
Calendar June Events FRIDAY CLINICS
JUNE 5-BELO Noon
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
“Latest Developments in Texas Insurance and Bad Faith Law,” Bob Allen. (MCLE 1.00)* RSVP to kzack@dallasbar.org.
JUNE 12-NORTH DALLAS** Noon
“Mastering Negotiation: Practical Tips and Ethics,” Thomas Noble and Charles Penot. (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 Fox Rothschild LLP. RSVP to kzack@dallasbar.org.
JUNE 19-BELO Noon
11:30 a.m. House Committee Walk Through Noon
Family Law Section “UCCJEA Gems,” Kevin Segler. (MCLE 1.00)*
Legal History Discussion Group “Are We ‘Licensed Liars’?: A Lawyer’s Investigation into the Historic Element of Truthfulness in Legal Ethics,” Josiah Daniel. (Ethics 1.00)*
Bench Bar Conference Committee
DAYL Lunch & Learn CLE. For more information contact cherieh@dayl.com.
Topic Not Yet Available
MONDAY, JUNE 1 Noon
Tax Law Section “Drafting Tax Provisions in Merger and Acquisition Agreements,” David Wheat. (MCLE 1.00)*
TUESDAY, JUNE 2 Noon
Corporate Counsel Section “2015 Labor & Employment Law Update,” Jacqueline Johnson. (MCLE 1.00)* Tort & Insurance Practice Section “Examining the 2015 Amendments to the Federal Rules of Civil Procedure,” Rebecca Rutherford. (MCLE 1.00)*
6:00 p.m. DAYL Board of Directors Meeting
2:00 p.m. Law Student Professionalism Program “A Program for Law Students & Recent Law Graduates,” Keynote speaker: Hon. Mary Murphy. Additional speakers: Samuel Bragg, Jonathan Childers, Justice Douglas S. Lang and Frank Stevenson. (MCLE 3.00)* RSVP to ahernandez@ dallasbar.org. Sponsored by Morris Harrell Professionalism Committee.
FRIDAY, JUNE 5 Noon
WEDNESDAY, JUNE 3 Noon
Employee Benefits & Executive Compensation Section Topic Not Yet Available Solo & Small Firm Section “Marketing and Business Development Tips for Small Firms,” Rob Crain. (MCLE 1.00)*
Juvenile Justice Committee
DAYL Judiciary Committee
5:30 p.m. Bankruptcy & Commercial Law Section “International Bankruptcy 101, Part II,” David Bennett, Rob Colwell, Judge Harlin D. Hale and Tim Springer. (MCLE 1.00)*
THURSDAY, JUNE 4 Noon
Construction Law Section “Electronic Discovery: How to Manage It In Your Construction Disputes,” Kristen Sherwin. (MCLE 1.00)*
Friday Clinic-Belo “Latest Developments in Texas Insurance and Bad Faith Law,” Bob Allen. (MCLE 1.00)* RSVP to kzack@dallasbar.org. Summer Associates Pro Bono Luncheon Speakers: Ashlie Alaman, Hon. Tena Callahan and Natalie Smeltzer. (MCLE 1.00)* To register, contact Alicia Perkins at perkinsa@lanwt.org. Sponsored by DVAP and the DBA Pro Bono Activities Committee.
5:00 p.m. Bar None 30th Anniversary Birthday Bash. $50 per person, all proceeds benefit the Sarah T. Hughes Diversity Scholarships. For tickets email ephilipp@dallasbar.org.
MONDAY, JUNE 8 Noon
Alternative Dispute Resolution Section Topic Not Yet Available
Real Property Law Section “Texas Title Updates,” Peter Graf and Bill Kramer. (MCLE 1.00)*
Peer Assistance Committee
DAYL ACE Committee
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo. 7:30 p.m. Bar None XXX at Greer Garson Theatre, SMU Campus. www.barnoneshow.com.
THURSDAY, JUNE 11 Noon
Transition to Law Practice Committee “Professionalism & Civility in the Legal Profession,” Kim Askew, Hon. Royal Furgeson, Janis Loegering and Justice Douglas S. Lang, moderator. (Ethics 1.00)*
CLE Committee
Publications Committee
Christian Lawyers Fellowship
Dallas Gay & Lesbian Bar Association
6:00 p.m. J.L. Turner Legal Association
FRIDAY, JUNE 19 Noon
Friday Clinic-Belo Topic Not Yet Available
Federal Bar Association
MONDAY, JUNE 22 Noon
TUESDAY, JUNE 23 Noon
DAYL Solo & Small Firm CLE. For more information, contact cherieh@dayl.com.
American Immigration Lawyers Association
WEDNESDAY, JUNE 24
Noon
Collaborative Law Section Topic Not Yet Available
Criminal Law Section “Subpoenas, Expunctions and Nondisclosures in the Dallas District Clerk’s Office: How to Get Them Right the First Time,” Tina Cooper and Tia Davenport. (MCLE 1.00)*
Environmental Law Section “Hot Topics and Initiatives of TCEQ for 2015,” Richard A. Hyde. (MCLE 1.00)*
DAYL Lawyers Promoting Diversity Committee
Family Law Section Board Meeting
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group
THURSDAY, JUNE 25
11:00 a.m. Dallas Women Lawyers Association
DAYL Freedom Run Committee
8:00 p.m. Bar None XXX at Greer Garson Theatre, SMU Campus. www.barnoneshow.com.
SATURDAY, JUNE 13
8:00 p.m. Bar None XXX at Greer Garson Theatre, SMU Campus. www.barnoneshow.com.
MONDAY, JUNE 15 Noon
Labor & Employment Law Section “Maximizing Your Mediation,” Jay C. Zeleskey. (MCLE 1.00)*
TUESDAY, JUNE 16 Noon
Securities Section “Reg. A+ is Here…Are You Ready?” John R. Fahy. (MCLE 1.00)*
Municipal Justice Bar Association
Minority Clerkship Luncheon Learn about the broad range of opportunities in Dallas. RSVP to bavina@dallasbar.org.
For more information and to sign up, please go to www.bbbsmentor2.org. All current mentors are asked to enroll now. If you have any questions, please contact Mandy Klem at mklem@bbbstx.org. To watch a short video on mentor2.0 http://bbbsmentor2.org/2013/youtube-video-on-mentor2-0/
Christian Legal Society
“Our members are passionate about helping students be successful in high school, and we are very proud to join with Big Brothers Big Sisters to help make our programs stronger programs,” said Brad Weber, DBA president.
DVAP New Lawyers Luncheon. For more information, contact reed-brownc@lanwt.org.
Legal Ethics Committee
The DBA’s E-Mentoring Program concluded at the end of the school year and all current DBA mentors are encouraged to continue mentoring in the DBA/BBBS mentor 2.0 program at North Dallas High School for the 2015-2016 school year. Mentors are asked to make a two-year commitment with the hope that the match will last through high school, as well as make weekly e-mail contact with mentees and attend face-to-faceevents every six weeks at the school.
DAYL Animal Welfare Committee
Mentor2.0 is primarily an electronic platform, just as the DBA E-Mentoring Program and is also designed to help students graduate from high school, succeed in college and in their careers. The new program includes a guided curriculum, in-class staffing by BBBS, match support from BBBS, and fun in-person group events every six weeks at North Dallas High School.
DAYL Foundation Board Meeting
Judiciary Committee “The State of the Civil Justice System in Texas Panel Discussion,” Judge David Godbey, Tom Melsheimer, Jim Mitchell, Judge Craig Smith and Michele Smith. (MCLE 1.00)*
The Dallas Bar has been fortunate to have outstanding and committed leaders of the E-Mentoring Program over the years, and most recently, Co-Chairs, Krista Hanvey and Ashley Sissell, along with long-time committee member, Stephanie Zaleskin have led the successful program.
Minority Participation Committee
Trial Skills Section “Why Do Jurors Blame the Victim?” Quentin Brogdon. (MCLE 1.00)*
The Dallas Bar Association is proud to join hands with Big Brothers Big Sisters (BBBS) by merging its very successful E-Mentoring Program created in 2003 with BBBS very successful program, mentor2.0. The DBA will adopt the 2015 freshman class at North Dallas High School, located in Uptown in the fall.
DAYL Equal Access to Justice Committee
DALLAS BAR ASSOCIATION TO PARTNER WITH BIG BROTHERS BIG SISTERS ON mentor2.0
Appellate Law Section “When it Comes to Choice of Law, Don’t Believe Everything You’ve Heard,” Rob Gilbreath. (MCLE 1.00)*
Government Law Section “View From the Bench on Transitioning From City Attorney to Judge,” Hon. Bonnie Goldstein, Hon. Jim Jordan and Hon. Sam Lindsay. (MCLE 1.00)*
WEDNESDAY, JUNE 10
Noon
Friday Clinic—North Dallas** “Mastering Negotiation: Practical Tips and Ethics,” Thomas Noble and Charles Penot. (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 Fox Rothschild LLP. RSVP to kzack@dallasbar.org.
Noon
9:00 a.m. Jeff Coen Family Law Nuts & Bolts Video CLE (MCLE 6.00; Ethics 2.00)* To register, contact perkinsa@lanwt.org. Sponsored by DVAP and DBA Family Law Section.
Sports & Entertainment Law Section “Reality TV: Representation, Pitfalls and Protection,” Emily Horton and Reality TV Representative. (MCLE 1.00)*
FRIDAY, JUNE 12
TUESDAY, JUNE 9
THURSDAY, JUNE 18
Noon
7:30 p.m. Bar None XXX at Greer Garson Theatre, SMU Campus. www.barnoneshow.com.
Noon
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
JLTLA L.A. Bedford Awards Luncheon Keynote Speaker, Cheryl Wattley. Tickets: $25/ Tables: $250. For more information, contact twaits@mcglinchey.com.
3:30 p.m. DBA Board of Directors Meeting
FRIDAY, JUNE 26 Noon
Intellectual Property Law Section “TTAB: Year in Review,” James Creedon and S. Roxanne Edwards. (MCLE 1.00)*
Business Litigation Section “Injunctive Relief in State and Federal Court,” Hon. Martin Hoffman, Monica Latin, Julie Pettit and Hon. Renee Toliver. (MCLE 1.00)*
Franchise & Distribution Law Section Topic Not Yet Available
MONDAY, JUNE 29
International Law Section “The International Criminal Court: Its Present Difficulties and Uncertain Future,” Prof. Jenia Iontcheva Turner. (MCLE 1.00)*
TUESDAY, JUNE 30
DAYL Elder Law Committee
WENDESDAY, JUNE 17
Noon
Pro Bono Activities Committee DAYL CLE Committee
DAYL Solo & Small Firm Committee
6:00 p.m. Dallas Hispanic Bar Association
WEDNESDAY, JULY 1 Noon
Public Forum Committee
DAYL Judiciary Committee
Noon
Energy Law Section Topic Not Yet Available
Health Law Section Topic Not Yet Available
Library Committee
Noon
Non-Profit Law Study Group
FRIDAY, JULY 3
5:30 p.m. Bankruptcy & Commercial Law Section Topic Not Yet Available
THURSDAY, JULY 2
Family Law Section Board Meeting
DBA Offices Closed in Observance of Independence Day 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.
June 2 0 1 5
Focus
D al l as Bar A ssoci ati on l Headnotes 3
Tort & Insurance Practice
Steps for Responding to a Commercial Vehicle Accident by Daniel Karp
When the phone rings at 3:30 a.m., we naturally fear the bad news to follow. For those handling commercial vehicle accidents, late night calls can become a common occurrence. Having a rapid response plan ready to execute can often translate into a favorable outcome 18 months down the road. 1. Knowing whom to call is priority number one. Most of the time, the accident does not occur down the street. Having an accident reconstructionist and a dedicated independent investigator who can respond to the scene at any time is critical. He or she can take photos, perform an interview of your driver/client and speak to police immediately after the accident. Such interviews allow for an immediate assessment of potential liability and damages. Put the names of the reconstructionist and investigator on your phone under a dedicated folder— in order to avoid fumbling through your laptop in the middle of the night. 2. Have your own rapid response kit ready. There are times when the accident demands an attorney on-site immediately. In those situations, it is critical to have the materials on-hand to make sure you stay safe. A reflective safety vest, steel toed shoes, hard-hat, flashlight, and voice recording device are crucial. Walking around in spilled fluids, mud or wet conditions with nice shoes is no fun. Walking around in the dark is even worse; most police will respectfully decline a request to borrow a flashlight. Taking notes will be impossible. Dictate as you walk and you will be amazed at the number of details captured that would have otherwise been lost. 3. Secure the vehicles. If the vehicles are towed, make sure to send preservation correspondence to the tow yards immediately. Spoliation of materials regarding trucking cases has become a major issue in Texas, and you do not want to be the cause if your client gets sanctioned. 4. Download, download, down-
Professionalism Tip I will advise my client that we will not pursue tactics which are intended primarily for delay [or] . . . any course of action which is without merit. Find the complete Creed online at http://txbf.org/texas-lawyers-creed/. Excerpt from the Texas Lawyers Creed
load. If there is one absolute truth surrounding commercial accidents, it is that witness accounts and driver accounts are incorrect. Most trucks will have an Electronic Control Module (ECM) available for download to capture speed, braking, throttle position, cruise, and other critical information. Most late model cars also have an Automobile Control Module (ACM) that has the same type of information. If the other car was speeding, a digital record sways a jury much more than a witness who can never be sure of true speed. Many trucks now have in-board dash cameras. Make sure if the video is stored on the truck to preserve the hard-drive. If the video is uploaded to a server via satellite, make sure to place the client on notice to preserve the video. Video data takes up space and can be auto-deleted if not preserved. Having to explain that a video of the accident has disappeared eight months into a lawsuit is not good for
you or your client. 5. Protect your Client. If defending a claim, put your client on notice immediately to preserve GPS documents, Quallcom messages, Driver logs and other electronically stored materials. Assuming that the client preserves without input from you is a major mistake. 6. Testing. The Federal Motor Carrier Safety Rules and Regulations have specific criteria dictating the need for a drug and alcohol test. Make sure to know the rules and ensure the driver is tested within the time specified. Most large clients will have dedicated clinics such as Concentra or others that perform DOT regulated testing. If the driver was intoxicated, knowing immediately may help your client posture the claim for a more immediate resolution. 7. Witness Interviews. Most major commercial vehicle accidents are witnessed. However, waiting 10 days for a
police report can lead to a loss in memory or loss of desire to respond. Talk to the police on scene; if they are not too busy, they will often give you the names and phone numbers of the witnesses. Call police and witnesses the next day. If favorable, get those statements recorded ASAP. 8. Talk to your Driver. A driver’s statement and recollection of an accident is important, but the driver’s demeanor, body language, and comparing their story to the physical evidence at the scene is imperative. Nobody wants to be at fault, but if they are, meeting them in person gives much better insight into their version of the accident and the truthfulness of what they are saying. Good luck. When your client needs help, these simple steps can have you HN ready. Daniel Karp is a Partner at Fee, Smith, Sharp & Vitullo, L.L.P. and can be reached at dkarp@feesmith.com.
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4 He a d n o t e s l D a l l a s B a r A s s o ciation
June 2015
Headnotes
President's Column
Vision 2020: A Halftime Report Brad Weber
As a kid growing up in Iowa during the 70s, I loved watching NFL football games on TV—especially those involving my beloved Minnesota Vikings. Other than the occasional Monday night games on ABC, the Vikings played their games on Sunday afternoons and most of them were telecast by CBS. Ray Scott and the late, great Pat Summerall were the network’s top team of announcers during those years, and it was always a treat when they were assigned to cover the Vikings’ games. In 1975, CBS debuted The NFL Today, which was a pre-game and halftime show hosted by Brent Musburger, Irv Cross, and former Miss America Phyllis George. During each pre-game show, Brent, Irv, and Phyllis would analyze the teams’ strengths and weaknesses, and then give predictions about the final outcome of the game. Later, at the intermission, they would talk about the key plays in the first half and the things that each team would need to do in the second half to win the game. As I recall, Brent would usually end those halftime reports by saying “We’ll see you again at the end of the game.” Perhaps because of my early love for televised football, I now find myself analyzing significant aspects of my life the way football analysts look at games. Similar to the pregame show, I will start by considering relevant information about the issue I am analyzing, including strengths and weaknesses, and then set goals and make recommendations for what needs to happen in the future. Midway through the process—say at halftime—I will look at what has happened so far, whether I am on track to reach the set goals, and what needs to be done in the second half to achieve success. Finally, at the end of the process, I will look back and assess how well I did and what led to the ultimate results. Using this approach, I decided to re-visit a long-range planning report issued by the Dallas Bar Association back in 2010. That year, DBA President Ike Vanden Eykel formed the Vision 2020 Commission to conduct a strategic evaluation of how the DBA would meet the challenges of the new decade. The Vision 2020 Commission, led by Jerry Alexander, Kim Askew, and Rob Crain, conducted an exhaustive investigation of the DBA and its activities. At the end of the investigation, the Commission issued a final report making predictions and recommending new initiatives and goals for the DBA to achieve by the year 2020. Well it is now midway through this decade—halftime in a sense—and I was curious to know how we did in the first half. The 2020 Commission’s report contained a number of financial and membership projections for the years 2015 and 2020. For the most part, we are right on track or even a little better than those projections. For example: • The Commission’s report projected that the DBA’s budget would be about $3.2 million in 2015 and a little over $3.5 million in 2020. The actual 2015 budget was right on that mark, at
SIGN UP FOR THE 2015 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 2015 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 2015 DBA 100 Club membership list! What are the perks? Our 2015 DBA 100 Club members will be recognized in Headnotes, the 2016 DBA Pictorial Directory and receive a Certificate of Appreciation as well as recognition at our Annual Meeting in November. If we receive your list by June 5th, your organization will be included in the July and August DBA 100 Club recognition ad in Headnotes. Send in your list TODAY! Don’t Miss Out on this Great Opportunity!
just over $3.2 million. • The report also projected that the DBA would receive total revenues of about $3.1 million in 2015 and a little over $3.4 million in 2020. At the end of 2014, the DBA had total revenues of almost $3.3 million, which is more than the 2015 projection and well on pace to meet the 2020 projection. • On the expense side, the Commission projected that the DBA’s 2015 expenses would total over $3.1 million, with a net surplus of about $13,000. For the year 2014, the actual expenses were a little under $3.2 million and the net surplus was about $71,000. Again, another favorable variance from the projection. • The Commission also projected that the 2015 Campaign for Equal Access to Justice would raise $725,000. In 2015, due in part to the hard work of Campaign Co-Chairs Robert Tobey and Laura Benitez Geisler, the Campaign brought in over $1 million, which was over $300,000 more than the projection! • Currently, the DBA has 10,243 members and we project the year-end total will be approximately 10,800. The Commission projected that the 2015 membership total would be at 10,756, and would grow to 11,417 by the end of 2020. We appear to be right on pace to reach that goal. • In 2010, 68 percent of the licensed lawyers in Dallas County were members of the DBA, giving us a 68 percent “market penetration rate.” The Commission projected that the DBA’s market penetration rate would rise to 70 percent by the year 2020. Today we already have surpassed that projection, with a 71 percent market penetration rate. The 2020 Commission’s report also made a number of recommendations regarding issues such as Membership, Facilities, Technology, Service to Members and Service to the Public. In reviewing these recommendations, I was happy to see that the DBA already has accomplished many of the recommended actions. For example: • The Commission recommended that the DBA should add a number of technology enhancements by 2020. These already have been accomplished, and include a newly designed website and weekly e-newsletter, a much larger presence on social media, upgraded audio/video equipment in the Belo Mansion and Pavilion, new computers for the staff and a new telephone system. • The report also recommended that the DBA should refurbish the Belo Mansion and Pavilion, so as to maintain it as a top-rated meeting facility in downtown Dallas. That project occurred in 2013, and another one is planned before 2020. • Another recommendation focused on law schools, and the suggestion that the DBA should create new opportunities for law students to become more active in the DBA before graduation. That is one of the recommendations I felt was very important, and it has become a theme of my year as President. There are still several important recommendations from the Vision 2020 Commission that have not yet been accomplished, including increased collaboration between the DBA and its sister bar association, new initiatives to assist the judiciary more frequent interaction with managing partners of major law firms to ensure their understanding of the value and importance of DBA membership, and more corporate involvement in pro bono efforts. As we look to the second half of this decade, I am hopeful that the DBA will be able to accomplish many of these recommendations. Well, that is my halftime report. And in the words of Brent Musburger, “We’ll see you at the end of the decade.”
Bring Your Summer Clerks to Belo Learn about the broad range of opportunities in Dallas. Law Student Professionalism Program (MCLE 3.00) Thursday, June 4, at 2:00 p.m. RSVP to ahernandez@dallasbar.org Speakers: Samuel Bragg, Jonathan Childers, Justice Douglas S. Lang, Hon. Mary Murphy and Frank Stevenson Summer Association Pro Bono Luncheon (MCLE 1.00, Ethics 0.25) Friday, June 5, at Noon. RSVP to perkinsa@lanwt.org Speakers: Ashlie Alaman, Hon. Tena Callahan and Natalie Smeltzer Minority Clerkship Luncheons Friday, June 12 and July 10, at Noon. RSVP to bavina@dallasbar.org
Published by: DALLAS BAR ASSOCIATION 2101 Ross Avenue Dallas, Texas 75201 Phone: (214) 220-7400 Fax: (214) 220-7465 Website: www.dallasbar.org Established 1873
The 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: Bradley C. Weber President-Elect: Jerry C. Alexander First Vice President: Rob D. Crain Second Vice President: Michael K. Hurst Secretary-Treasurer: Victor D. Vital Immediate Past President: Scott M. McElhaney Directors: Wes Alost, A. Shonn Brown, Jonathan Childers (President, Dallas Association of Young Lawyers), Laura Benitez Geisler (Chair), Hon. Harlin “Cooter” Hale (Judicial At-Large), Hon. Martin Hoffman, Krisi Kastl, Michele Wong Krause, Monica Lira (President, Dallas Hispanic Bar Association), Bill Mateja, Karen McCloud, Cheryl Camin Murray (At-Large), Courtney Barksdale Perez (At-Large), Bill Richmond (President, Dallas Asian American Bar Association), Ebony Rivon (President, J.L. Turner Legal Association), Mary Scott, Diane M. Sumoski, Robert L. Tobey (Vice-Chair) and Aaron Tobin Advisory Directors: Stephanie Gause (President-Elect, Dallas Association of Young Lawyers), Rocio Cristina Garcia (President-Elect, Dallas Hispanic Bar Association), Emmanuel Obi (President-Elect, J.L. Turner Legal Association), and Monika Sanford (President-Elect, Dallas Asian American Bar Association). Delegates, American Bar Association: Rhonda Hunter, Hon. Liz Lang-Miers Directors, State Bar of Texas: Wm. Frank Carroll, Leon Carter, John Jansonius, Florentino A. Ramirez and Scott Stolley 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 D. Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Jared Slade and Meghan Hausler Vice-Chairs: Paul Clevenger and Keith Pillers Members: Timothy Ackermann, Jerry C. Alexander, Vincent Allen, Natalie Arbaugh, Jody Bishop, Lisa Tomiko Blackburn, Jillian Bliss, Jason Bloom, Andrew Botts, Lance Caughfield, Chhunny Chhean, Stephen Clarke, Shannon Conway, Joel Crouch, David Dummer, Christopher Elam, Alexander Farr, Daniel Felz, Dawn Fowler, Robin Ghio, Basheer Ghorayeb, Kimberly Gonzalez, Andrew Gould, Susan Halpern, Jeremy Hawpe, Zachary Hilton, Ezra Hood, Mary Louise Hopson, Michael K. Hurst, Ashley Johnson, Amanda Kelley, Sara Krumholz, Margaret Lyle, Thomas Maddrey, Orly Mazur, Jodi McShan, Ethan Minshull, Paige Montgomery, Jessica Nathan, Jeffrey Novel, Eugene Olshevskyy, Mason Parham, Aimee Pingenot, Kirk Pittard, Laura Anne Pohli, Lisa Prather, Michelle Reed, David Ritter, Carl Roberts, Lantis Roberts, Eugenie Robichaux, Joshua Sandler, Chandrika Shori, Micah Skidmore, Stefan Smith, Bradley Smyer, Thad Spalding, Elizabeth Stanley, John Stevenson, John Ting, Paul Tipton, Pryce Tucker, Peter Vogel, Tracey Wallace, Brad Weber, Philip Worley 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 Interviewers: Viridiana Avina, Marcela Mejia Law-Related Education & Programs Coordinator: Kimberlynn Taylor Membership Coordinator: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Yedenia Hinojos DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Mentor Attorneys: Kristen Salas, Katherine Saldana Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Tina Douglas, Zaporra Gonzales, Andrew Musquiz, Carmen Perales, Alicia Perkins, Monique Scott, Zach Watkins Program Assistant: Patsy Quinn Secretary: Ellie Pope Copyright Dallas Bar Association 2015. 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.
June 2 0 1 5
Focus
D al l as Bar A ssoci ati on l Headnotes 5
Tort & Insurance Practice
Seatbelt Evidence Now Admissible By Luke Radney
With the stroke of a pen, on February 13, 2015, the Texas Supreme Court brought the rules on admission of evidence of use or nonuse of seatbelts in civil cases into the 21st Century. Prior to Nabors Well Services v. Romero, seatbelt use or nonuse evidence was generally inadmissible in auto injury suits. This rule sprang forth when much of society viewed seatbelts differently than today. For those handling auto injury cases, whether for plaintiffs or defendants, the rule has been problematic in cases where jurors would undoubtedly question the use or nonuse of a seatbelt at trial even though the lawyers could not directly introduce seatbelt evidence. In a world where nearly everyone wore seatbelts, attorneys could never ignore the fact that jurors would wonder about how the use or nonuse of seatbelts impacted the claims being made. The road is now clear. The logic behind past decisions that precluded admission of seatbelt evidence in auto injury cases made sense when taken in the context of the times. Texas’ compara-
tive fault system was very different when seatbelt evidence decisions first came out in the 1960s and 1970s. If a plaintiff was negligent at all in causing her own injury then it was a total bar to recovery. There was no proportionate liability system as we have today. When the Texas Supreme Court issued Carnation v. Wong, 516 S.W.2d 116 (Tex. 1974), it upheld the exclusion of evidence of nonuse of seatbelts. The Court reasoned that people that did not otherwise cause their own injuries should not have their awards wiped out by arguments that they were comparatively negligent for failing to wear seatbelts, regardless of the degree to which nonuse of seatbelts effected the claimed injuries. The Court also rejected the argument that the injured person failed to mitigate her own damages when she failed to wear a seatbelt because a person cannot fail to mitigate damages they have not yet sustained, and a person is not yet damaged when they first get into a car and fail to put on a seatbelt. Also, Texas’ first law mandating seat-
belt use was not enacted until 1985. If the state did not require seatbelts to be worn, why should the courts penalize a claimant in a civil suit for failure to wear one? Texas was actually in the lead with some of the first states to enact seatbelt laws in 1985; New York was the very first state only a year before. The Texas legislature extinguished the preceding argument when it passed the 1985 seatbelt law; however, it then added to the statute that “Use or nonuse of a safety belt is not admissible evidence in a civil trial.” Eighteen years passed until the day House Bill 4 arrived in 2003. One of the many things that came out of HB 4 was the legislature’s elimination of the language prohibiting admission of evidence of seatbelt use or nonuse in civil cases. But, the legislature added nothing back into the statute and instead left the courts where they were 20 years before HB 4. The Court looked to what has changed since the Carnation decision came out to reach its decision in Nabors Well Services v. Romero. Our proportionate liability rules under Chapter 33 of the Texas Civil Prac-
tice and Remedies Code did away with the concern that any and all recovery would be barred if a jury put even a small percentage of fault on a claimant for nonuse of a seatbelt. Ultimately, the Court concluded that preventing admission of use or nonuse of seatbelts conflicted with the legislature’s desire under the modern proportionate liability rules to allow the jury to place percentages of responsibility on claimants, defendants, settling persons and responsible third parties. Thus, the use or nonuse of seatbelts in civil suits is now admissible. How will the decision impact case handling? If anyone should be happy, biomechanics experts should be. Now, if properly qualified, a biomechanics expert should have free rein to testify about the impact that use or nonuse of seatbelts had on the injuries sustained in civil suits. One thing is certain: the Romero decision gave us a rational direction in handling seatbelt evidence HN where we needed it. Luke Radney is an attorney at Burt Barr & Associates, L.L.P. He can be reached at lradney@bbarr.com.
JEFF COEN FAMILY LAW NUTS & BOLTS VIDEO CLE Thursday, June 18, 2015 9:00 a.m. to 3:30 p.m. at Belo MCLE 6.00 | 2.00 Ethics Sponsored by the DBA Family Law Section and DVAP To register, contact Chris Reed-Brown at reed-brownc@lanwt.org.
Friday, June 5, 5:00-7:00 p.m. at Belo Come enjoy a cabaret-style event that includes cocktails, small-plate appetizers and musical comedy performed by members of the Bar None XXX Obscenely Funny show. $50 per person, and all proceeds benefit the Sarah T. Hughes Diversity Scholarships. Tickets may be purchased online at www.dallasbarfoundation.org or by calling (214) 220-7487.
6 H e a d n o t e s l D a l l a s B a r A s s o ciationâ€
DBA Pro Bono Golf Classic On April 30, nearly 100 golfers participated in the 23rd Annual DBA Pro Bono Golf Classic at Brookhaven Country Club to benefit the Dallas Volunteer Attorney Program and Legal Aid of NorthWest Texas. All proceeds will be used to help provide pro bono legal services to low-income residents of Dallas. Thank you to all of our sponsors! We appreciate you!
June 2015
J une 2 0 1 5
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D al l as Bar A ssoci ati on l Headnotes 7
Tort & Insurance Practice
Pre-Injury Release of a Minor Child’s Claims by Ryan G. Cole
You arrive 5 minutes late to a birthday party at a local trampoline park, just in time for the safety video. After ushering your child in from the car, you are greeted by an employee who hands you a document attached to a clipboard. You quickly fill out and sign the document. In a flash, the kids are off to jump. Fifteen minutes later, your child suffers a broken arm. Only then do you notice a broken spring and frayed fabric. Texas law allows for the pre-injury release of claims, so long as the release provides fair notice of its terms—the language must satisfy the express negligence test and must be conspicuous. We have all seen them. Nobody reads them. Everybody signs them without thinking twice about it. What could possibly happen? A release is a contractual agreement where one party assumes the liability inherent in a situation thereby relieving the other party of responsibility. It operates to extinguish the claim or cause of action, and is an absolute bar to any right of action on the released matter. But what happens where the injured party is your child? What is the effect of the release signed by a parent? Surprisingly, even with the prevalence of bounce houses, trampoline parks, indoor rock climbing and skydiving facilities, a parent’s ability to release a child’s claim pre-injury has not been resolved. The Texas Supreme Court has long recognized Texas’ strong public policy in favor of preserving the freedom of contract. Freedom of contract
is included in the Texas Constitution. The Texas Supreme Court also recognizes the “indispensable partner” to the freedom of contract: contract enforcement. By signing an unambiguous release, the parent contractually agrees to release all claims, as consideration for her child being allowed to jump, climb or fly. If a claim is filed against the facility, it will argue that, as long as the release is clear and conspicuous, it serves as a valid defense to any negligence claim asserted against the facility. After all, a parent voluntarily signed the release, paid their fee and is the person asserting a claim on behalf of her child. Case closed. But current law is not so clear. The Texas Supreme Court has never addressed whether such a pre-injury release is enforceable. The Houston Court of Appeals discussed waiver of a child’s claims in Munoz v. II Jaz, Inc. In Munoz, (cited with approval by the Southern District of Texas in 2010 and 2014). The plaintiffs argued the trial court erred in granting summary judgment because an adult daughter/sister had no authority to waive the causes of action of a minor child and her parents. The court agreed and stated “[i]n order for the waiver to be effective, an agency relationship must have existed between the adult daughter and the parents. The adult daughter must have had either actual or apparent authority to bind the parents to such a waiver.” The court determined the adult daughter had no such authority. Plaintiffs also argued that the adult daughter had no legal authority to waive the child’s right to sue “because
the Texas Family Code vests that power in the parents exclusively, or alternatively, that it is against public policy for even parents to waive their minor child’s right to sue.” The Texas Family Code grants to the parents of a minor child the exclusive power to make decisions of substantial legal significance concerning the child. After reviewing the Texas Family Code, the court decided the adult daughter had no authority to exercise powers reserved to the parents. The Houston Court of Appeals could have stopped at that point. However, the court, in dicta, expanded its decision by determining that the parents also lacked authority to sign a waiver that affected the child’s rights, based on public policy grounds. Parental release was not before the court in Munoz, as the facts clearly established the parents did not sign a Release.
Friday, June 6, Noon at Belo Learn about the many pro bono opportunities in Dallas. Speakers: Ashlie Alaman, Luminant Energy Hon. Tena Callahan, 302nd District Court Natalie Smeltzer, Weil, Gotshal & Manges LLP Co-sponsored by the DBA Pro Bono Committee and DVAP. RSVP to perkinsa@lanwt.org. (MCLE 1.00).
Board Certified in Family Law Aubrey M. Connatser, PLLC
OPPONENT...”
FOR MORE THAN 25 YEARS, MIKE DEBRUIN has been handling family law cases involving complex property issues and custody disputes. “Mike is a formidable opponent in the courtroom and a savvy negotiator at the settlement table,” says Aubrey Connatser. “He is always more thoroughly prepared than his opponent, knowing the facts of his case better than anyone and able to present them adeptly and clearly. You couldn’t ask for a better advocate for you, your family, your business or your future.” To retain Mike DeBruin for a family law matter, call 214 306-8441 or email mike@connatserfamilylaw.com.
CONNATSER FAMILY LAW 300 Crescent Court, Suite 270, Dallas, Tx 75201 214 306-8441
www.connatserfamilylaw.com
info@connatserfamilylaw.com
Ryan G. Cole is a shareholder at Passman & Jones, P.C. He can be contacted at rcole@passmanjones.com.
Summer Associates Pro Bono Luncheon
MIKE DEBRUIN
“... A FORMIDABLE
Thus, parental release of a minor’s claim is an unsettled question. While the question of parental release remains unresolved in Texas, other jurisdictions, including Florida, Iowa, Utah and Tennessee, have come down against a parent’s ability to waive a child’s cause of action. Texas’ ultimate decision on pre-injury release of a minor child’s claims may not rest on whether the release language is clear and conspicuous. It may not rest on freedom of contract. The issue may ultimately be resolved by looking to the established procedure to settle an injured minor’s claim: a friendly suit. If a parent cannot resolve a child’s claim post injury without court approval, why would a parent have authority to release a child’s claim HN pre-injury?
8 He a d n o t e s l D a l l a s B a r A s s o ciation
June 2015
2015 DBA 100 CLUB - Get on the LIST! The Dallas Bar Association would like to recognize the following firms, government agencies, law schools and corporate legal departments for their support of the DBA along with their commitment to the advancement of the legal profession and the betterment of the community. The DBA 100 Club is a distinguished membership recognition category that consists of firms, law schools and government agencies with two or more attorneys as well as corporate legal departments that have 100% membership in the DBA. Recognition is given to the 2015 DBA 100 Club members in our June, July and August Headnotes and at our Annual meeting in November. Not a DBA 100 Club member yet? This is the perfect time to encourage your newly hired attorneys to join the DBA and take advantage of our many member benefits—such as 400 FREE CLE programs each year, networking opportunities, community projects and many other member benefits as well as the opportunity to qualify for the DBA 100 Club. Please note that the DBA 100 Club is open for renewal annually to every firm. We do not automatically renew a firm’s membership due to changes in firm rosters from year to year. How do you get on the list? To become a 2015 DBA 100 Club member, please submit your request via email and include 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 if you qualify, your firm will be added to the 2015 DBA 100 Club! If we receive your list by June 5th, your firm will be included on the July and August DBA 100 Club recognition list in Headnotes.
Send in your list TODAY! DBA 100 Club Members As of May 12, 2015 2 to 5 Attorneys A. William Arnold III & Associates, P.C. Ackerman & Savage, L.L.P. Adair, Morris & Osborn, P.C. Aldous \ Walker Alexander Dubose Jefferson & Townsend LLP Anderson & Brocious P.C. Anderson Beakley, PLLC Anthony & Middlebrook, P.C. Ashcraft Law Firm Ashley & Laird Atwood Gameros LLP Bailey Brauer PLLC Blackwell & Duncan, PLLC Blankenship, Wiland & O’Connor, P.C. Connatser Family Law Crain Lewis, L.L.P. Cunningham Swaim Curtis Law Group Daniel Sheehan & Associates, LLP Deandra M. Grant & Associates Dement | Stern PLLC Dunn Sheehan LLP Fisher & Welch, P.C. Goldfarb PLLC Hamilton & Squibb, LLP Hance | Wickham, P.C. Hedrick Kring, PLLC
Helms & Kilgore, PLLC Hollingsworth Walker Hooper & Hale, LLP Horton & Archibald, P.C. Johnston ♦ Tobey, P.C. Kabani & Kabani, PLLC Karel & Hicks, P.C. Kevin Buchanan & Associates, P.L.L.C. Kinser & Bates, L.L.P. Kleiman, Lawrence, Baskind & Fitzgerald, L.L.P. Koning Rubarts LLP Langley LLP Law Offices of Carmen S. Mitchell, LLP Law Offices of Maduforo & Osimiri Law Offices of Richard A. Gump, Jr., P.C. Lidji Dorey & Hooper Little Pedersen Fankhauser LLP Malouf & Nockels LLP Maris & Lanier, P.C. Marshall & Kellow, LLP Martin + Sallaway, PLLC McTaggart & Beasley, PLLC Mincey-Carter, PC Mullin Hoard & Brown, L.L.P. Musgrove Law Firm, P.C. Quaid Farish, LLC Raggio & Raggio, P.L.L.C. Ray & Thatcher, Attorneys at Law PC Richardson Koudelka, LLP Rose Walker, L.L.P. Rosenberg Paschall Johnson LLP
Sawicki Law Sheils Winnubst, PC Smith Hargrave Law Smith, Stern, Friedman & Nelms, P.C. Stamer Chadwick Soefje PLLC Stanton Law Firm PC Suggs Law Firm, P.C. The Courtney Firm The Vermillion Law Firm, LLC Tillman Batchelor LLP Travis Law Group, P.C. Ward & Turton, PLLC Winn, Beaudry & Winn, L.L.P. Woodward & Shaw Law Firms with 6 or More Attorneys Ackels & Ackels, L.L.P. Baker Botts, L.L.P. Beirne, Maynard & Parsons, L.L.P. Bell Nunnally & Martin LLP Bragalone Conroy PC Brousseau Naftis & Massingill Burford & Ryburn, L.L.P. Canterbury, Gooch, Surratt, Shapiro, Stein & Gaswirth, P.C. Carrington, Coleman, Sloman & Blumenthal, L.L.P. Carstens & Cahoon, LLP Carter Scholer Arnett Hamada & Mockler, PLLC Cavazos, Hendricks, Poirot & Smitham, P.C.
Cobb Martinez Woodward PLLC Cowles & Thompson, P.C. Cozen O’Connor Cutler Smith, PC Deans & Lyons, LLP Estes Okon Thorne & Carr PLLC Godwin Lewis PC Gruber Hurst Elrod Johansen Hail Shank LLP Guida, Slavich & Flores, P.C. Hiersche, Hayward, Drakeley & Urbach, P.C. Higier Allen Lautin, P.C. Hoge & Gameros, L.L.P. Jordan Cresswell Monk Reber, PC Kessler Collins, P.C. Key Harrington Barnes PC Klemchuk LLP KoonsFuller Littler Mendelson, P.C. Locke Lord LLP Malouf Lynch Jackson & Swinson, P.C. McCathern, LLP McKool Smith P.C. Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P. Mullin Russ Kilejian PC Munsch Hardt Kopf & Harr, P.C. Passman & Jones, P.C. Sayles Werbner, P.C. SettlePou Shore Chan DePumpo LLP
Sorrels, Udashen & Anton Spencer Law, P.C. Stacy & Conder, L.L.P. Steed Dunnill Reynolds Murphy Lamberth LLP The Bassett Firm, P.C. The Hartnett Law Firm Thiebaud Remington Thornton Bailey LLP Touchstone Bernays VernerBrumleyMcCurley Winstead PC Zelle Hofmann Voelbel & Mason LLP Corporate Legal Departments Austin Industries, Inc. Baptist Foundation of Texas Borden Dairy Company Front Burner Restaurants, LP Morgan Management Corporation Neuberger Berman Tenaska, Inc. Government Agencies & Law Schools City of Irving UNT Dallas College of Law Special Recognition Students of the UNT Dallas College of Law Inaugural Class 2014
Texas Lawyer’s Insurance Book Series Texas Insurance Coverage — The Litigator’s Practice Guide, by Amy Elizabeth Stewart the definitive resource for any litigator handling an insurance coverage dispute. Whether you practice personal injury litigation or insurance-defense, you’ll find our Texas Personal Automobile Insurance Policy, Annotated an indispensable and vital resource for your business.
Belo Mansion Catering Team Awarded With Team Award 2014 It was an historical year for the Belo Mansion & Pavilion Culinaire International team, as they achieved the highest revenue to date. The Belo Mansion & Pavilion has been one of Culinaire’s longest and most prestigious accounts for over 20 years—a top-rated destination for Dallas weddings and other social and corporate events. Teamwork definitely paid off with for group, who have worked together for numerous years. Congratulations to the team of General Manager Kevin Brant, Director of Catering, and his team, Dawn Finley, Catering Managers Bryan Starnes and Jonathan Greer, Operations Manager David Burak, Sous Chef Maksus Patoni and Executive Chef Brian Litolff. Congrats and keep up the good work!
Call 1.800.756.8993 to order.
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D al l as Bar A ssoci ati on l Headnotes 9
Tort & Insurance Practice
Mistakes in Corporate Insurance: The Top 10 By Marisa Jeffrey
Business insurance usually induces snores from corporate clients, but the impact of good, educated insurance decisions cannot be overstated. It affects the bottom line, and sometimes the survival of the business in the event of catastrophic loss or a bet-the-company lawsuit. Here are the top 10 common blunders: 1. Do not read the policy The corporate policyholder should always carefully read, and then re-read, the company’s policies. Pay particular attention to limits, coinsurance, deductibles, endorsements and notice requirements. To get what you are paying for, you have to read what you are paying for. 2. Assume the certificate of insurance equals coverage It is not unusual to find risk transfer provisions and insurance requirements in corporate contracts and many corporations will accept a certificate of insurance as evidence of the coverage required. However, a certificate of insurance is not an insurance policy—it is merely a document evidencing a policy has been written. Request a copy of the contracting party’s insurance policy for verification. 3. Rely on the insurance broker to know your risk Brokers attempt to get as many viable insurance opportunities for the insured as possible. However, it is the insured that knows its corporate risk better than anyone and, for this reason, should be intimately involved in the procurement process. Ask questions and do not hesitate to negotiate policy changes. 4. Fail to understand deductible v. self-insured retention
Deductibles and self-insured retentions (SIR) affect the corporate insureds’ responsibilities, including the requirement to put up collateral or pay defense costs, and may affect policy limits available to the insured. The insured usually pays defense costs or liability costs under a SIR before the insurer has any responsibilities under the policy while under a deductible, the insurer pays the loss and then expects reimbursement from the insured. Also, a SIR does not usually reduce the policy limits, while a deductible may be included as part of the policy limits. 5. Fail to provide timely notice of a claim The first step after a claim arises is to determine which insurance policies might be applicable and which insurance companies should be noticed. This can be a daunting endeavor because a single event can trigger several types of coverage. The general rule is: notify all possible policies that might be responsive to a claim, regardless of the type, reporting requirements, policy period or whether primary or excess. Make sure you have all your applicable bases (policies) covered. 6. Misunderstand claims-made v. occurrence based policies This distinction impacts which policy covers the loss in question and your notice responsibilities. An occurrence based policy protects you from any covered incident that “occurs” during the policy period, regardless of when a claim is made. Even after the policy period has ended, an occurrence based policy may cover your loss. Conversely, claims-made policies provide coverage for claims only when the claim is first made during the policy period.
7. Ignore a reservation of rights letter It is not unusual for insurers to issue a letter to reserve the right to deny coverage should an exclusion or other limitation ultimately apply. Corporate policyholders should always make it a habit to respond to a reservation of rights letter with official disagreement. The reservation of rights may also include extremely important information like the disclosure of a true conflict of interest between insurer and insured or a request for additional information. 8. Assume your defense counsel works for the insurer Defense counsel, paid for by the insurance company, ultimately works for you. The corporation is the client, not the insurance company. If it appears the defense counsel is attempting to steer defense out-
side of coverage there may be a conflict of interest that entitles the insured to control its own defense. 9. Fail to implement a robust risk management process Risk management approaches must evolve as fast as the risk itself. A structured and comprehensive risk management process will encompass all areas of the corporation’s exposure to risk. 10. Neglect exploring excess coverage Umbrella or excess coverage provides an added layer of coverage over already-existing primary policies. The premiums are generally affordable and worth consideration in every HN corporate insurance portfolio. Marisa Jeffrey is an associate at Amy Stewart PC. She can be reached at marisa@amystewartlaw.com.
LAW STUDENT PROFESSIONALISM PROGRAM A program for law students & recent law graduate Keynote speaker: Honorable Mary Murphy Additional speakers: Samuel Bragg, Jonathan Childers, Justice Douglas S. Lang and Frank Stevenson Thursday, June 4, 2:00 p.m. to 5:00 p.m. at Belo RSVP to ahernandez@dallasbar.org MCLE 3.00, pending Reception immediately following program. Sponsored by the DBA Morris Harrell Professionalism Committee
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
June 2015
DBA Celebrates Law Day On May 1, local judiciary and attorneys attended the 2015 Law Day Luncheon at which Justice Eva Guzman, of the Supreme Court of Texas, was the keynote speaker. In addition to awards presented to the winners of the Law Day Dallas ISD art and essay contests, the Dallas Association of Young Lawyers presented awards for Outstanding Mentor, Outstanding Young Lawyer and the Liberty Bell Award.
UNT Dallas College of Law Students, Justice Guzman (center) and Dean Royal Furgeson (back right)
DBA President Brad Weber and Justice Eva Guzman
(Left to right) DAYL President Jonathan Childers; Sakina Rasheed, DAYL Outstanding Young Lawyer Award recipient; and Hon. Jerry Madden, DAYL Liberty Bell Award recipient.
Mr. Weber and the Dallas ISD winning students of the Law Day art and essay contests.
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Mark Lanier on “Technology in the Courtroom”
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Justice Don Willet and Supreme Court of Texas Blogger Don Cruse
Federal Judges—Meet Your New Judges
State Judges tell us “What the Jury Says”
Schedule Your Mediation Today 214-651-6100 www.DallasMediationLawyer.com
Events/Activities: Plan to Stay Friday Night! Sporting Clays, Game Plan, Golf, Tennis, Yoga and more! More than 7 hours CLE, including 1.00 hour ethics. | Casual Attire Only!
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Dal l as Bar A ssoci ati on l Headnotes 11
Tort & Insurance Practice
An Insured’s Obligation to Defend v. Indemnify by Karen Ensley
An individual or business buys a liability insurance policy for protection from claims which may be brought by a third party asserting a breach of the insured’s contractual obligations to the claimant. By issuing the policy, the insurance company agrees to cover any loss arising out of the insured’s liability to that third party, typically based on the insured’s negligence. The insurer’s resultant obligations, to the insured or others, are triggered only to the extent that these obligations were contractually undertaken by the insured and covered by the insurance policy. However, the duty to defend and the duty to indemnify are distinct and separate duties, based in part on when, and how, the duties are triggered. The duty to defend arises at the time the claims against the insured are asserted, and is established according to the “eightcorners doctrine,” considering only the factual allegations in the claim and the terms of the insurance policy. Further, the duty to defend is evaluated from the insured’s perspective and any doubts about
whether the allegations potentially state a cause of action within the coverage of the policy should be resolved in favor of the insured. Even so, the insurer’s duty to defend has its limits. The allegations must also be fairly and reasonably construed, and the rules favoring the insured should not be stretched by reading facts into the pleadings, considering allegations outside the pleadings, or imagining factual scenarios which might trigger coverage. If the factual allegations, read in the light most favorable to the insured, conclusively establish that the claims are outside the coverage of the policy, there is no duty to defend. Likewise, subsequent amendments to a claim or petition can trigger, or eliminate, an insurer’s duty to defend. In contrast, the duty to indemnify generally only arises once the liability of the insured has been conclusively determined. Prior to changes in Texas Constitution art. V, § 8, amended 1985, the settled rule was that the insurer’s duty to indemnify could not be determined until after the conclusion of the underlying litigation. While this is still generally the case, in 1996, the Texas Supreme Court interpreted
the broadened role of the district courts, as defined in the 1985 amendments, to include jurisdiction to resolve declaratory judgment actions on the duty to indemnify. However, this exception is fairly narrow, applicable only in those cases where the facts of the case would negate both the duty to defend and the duty to indemnify. Indemnity agreements, like any other contractual provisions, are construed under normal rules of contract construction. The primary goal is to ascertain, and give effect to, the parties’ intent as expressed in the agreement. As a result, indemnification will be denied when the loss is the triggered by events outside the scope of either the contract giving rise to the insured’s duty to indemnify, or the insurance policy. However, once the parties’ intent has been discerned through ordinary rules of construction, absent a contractual provision to the contrary, the doctrine of strictissimi juris (strict construction) applies, requiring that the agreement be strictly construed in favor of the indemnitor. Some courts have stated that in the absence of a duty to defend, an insurer can
have no duty to indemnify. The underlying rationale for this position is that if the allegations do not give rise to the duty to defend, then proof of those allegations cannot subsequently give rise to the duty to indemnify. However, not only are the duties to defend and indemnify separate, they are not dependent on each other. Accordingly, the insurer may have a contractual duty to indemnify when the established facts ultimately show that the claim is within the policy, regardless of whether the insurer had the duty to defend. An insurer that breaches its defense and indemnity obligations faces liability for the same types of damages that are available in any breach of contract action. Thus, the insurer may be liable for all foreseeable damages that resulted directly from the breach. Further, an insurer that wrongfully fails to defend an insured after a reasonable opportunity to do so waives its right to require the insured’s compliance with conditions precedent to policy HN coverage. Karen Ensley is a Shareholder at Cutler-Smith, PC, and can be reached at kensley@cutler-smith.com.
Dedication of DBA’s 24th Habitat for Humanity House Saturday, June 13, 10:00 a.m. at 2318 Wilhurt Avenue, Dallas, TX 75216
Don’t miss your opportunity to advertise (print & online) in the #1 “Legal Resource & Expert Witness Guide”
Please join us as we turn over the keys to the homeowner—the Alford Family.
in Dallas County. Contact PJ Hines at (214) 597-5920 or pjhines@legaldirectories.com
Still Need to Make Your Donation? The DBA’s Home Project needs your contributions. To donate make checks payable to Dallas Area Habitat for Humanity and mail to Yedenia Hinojos, c/o DBA, 2101 Ross Ave., Dallas, TX 75201.
CLIENT: Communities Foundation of Texas JOB#: CFOT-14-011 Brand Campaign
Health Care Is Under a Microscope.
TRIM: 5"w x 7.75"h LIVE: 5"w x 7.75"h BLEED: n/a COLOR: CMYK PUB: Headnotes CONTACT: Jessica D. Smith, Headnotes Editor Communications/Media Director (214) 220-7477 jsmith@dallasbar.org RELEASE: 5/8/15 INSERTION: June
GINI FLORER
Jody Rudman Has Seen It All.
JODY RUDMAN
Health care providers need experienced legal counsel in responding to the increase in Accusations of regulatory and coding violations Fraud allegations
Philanthropist and GiveWisely Participant
Criminal investigations A former assistant AG and federal prosecutor, Jody Rudman is uniquely prepared to represent doctors and other clinicians in these critical legal challenges to their licenses and livelihoods.
SU PP O R TIN G THE HE A R T of a CH A MPIO N
Our firm appreciates your referrals.
Following a stroke in utero that left her son with his brain severely damaged, Gini Florer has become a champion for children with special needs. John Lawson has progressed beyond expectations, but still needs special care. Grateful for the caregivers in their life, Gini and her husband, John, were inspired to provide support to other families
Deep in the heart of giving™
with similar life circumstances. The GiveWisely series at
J ody R u dm a n
j r udman@ kendal l l awgroup. com
Communities Foundation of Texas helped the Florers sharpen their personal giving strategy — one that reflects the lessons learned through their unique experiences. Through the class, they decided to give to Rays of Light, a nonprofit providing childcare support for parents of special needs children.
CFOT-14-011 Headnotes_GFlorer_01mg.indd 1
Open your fund today. Call us at 214-750-4145, email giving@cftexas.org or visit www.CFTexas.org/GivingFund.
5/8/15 2:43 PM
3232 McKinney, Suite 700 | Dallas, Texas 75204 www.kendalllawgroup.com
|
214-744-3000
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
June 2015
Keep Credit Card Payments Simple With LawPay by Tracey Gavin
Even with the low risk of credit card fraud in the legal industry, your firm should still adhere to security guidelines. The following is a quick guide to fraud preventing payment trends:
NFC
NFC or Near Field Communication are payments made through credit cards stored on smart phones. Charges are made by tapping, waving or simply getting close enough for a NFC credit card machine to read the digital signal from the card. The benefit to merchants has been debated due to the high cost of hardware. The most popular NFC program is ApplePay which requires the card holder to be present, or close enough for the credit card terminal to read the signal. This means your firm can only accept ApplePay when a client is in your office. Decide if NFC provides any real cost
savings before rushing out to buy a new point-of-sale system. For most traditional law firms, NFC does not make sense as a payment solution because your client must be present for payment.
EMV
EMV or Europay-MasterCard-Visa or sometimes known as “pin and chip” cards is a credit card embedded with an electronic chip, and considered a key security feature in preventing the use of counterfeit credit cards. Similar to NFC, EMV cards are mostly processed by a card machine. EMV technology has been largely focused on mid-size to large retailers. As a law firm, you have an advantage over traditional retailers because you know the identity of your clients, which drastically reduces the risk of accepting a counterfeit credit card.
PCI
PCI DSS, or Payment Card Indus-
JLTLA L.A. Bedford Awards Luncheon Tuesday, June 25, Noon at Belo Keynote Speaker: Cheryl Wattley, UNT Dallas College of Law To register, contact Tatiana A. Waits at twaits@mcglinchey.com.
try-Data Security Standards, has come to broadly represent the overall compliance and security when accepting credit cards. PCI has been required for law firms that accept credit cards since January 2015 and required by Visa, MC, Discover regardless of the method you choose to accept credit cards (i.e card present or card not-present). PCI is managed through a series of self-assessed security questions. Usually, law firms can reduce the security requirements and protect their firms by implementing a few small changes. To become PCI compliant, firms should eliminate the need to see, collect or store any credit card data from clients. If no one in your office touches, records or handles a client credit card, or the credit card number, then the risk for card fraud is almost eliminated. With a service like LawPay this can be done by using a secure web-based system that securely encrypts the credit card. Pro-
grams are available to add secure payment links to your website or send electronic invoices directly to clients. Your client may then pay online. These methods also eliminate the need for traditional credit card machines, thus further reducing your risk.
About LawPay
The LawPay program is a custom payment solution designed for attorneys and complies with ABA and state requirements for managing client funds. As a member benefit of the Dallas Bar Association, law firms save up to 25 percent off standard credit card fees. If you are currently accepting credit cards, we encourage you to compare your current processor and its fees with LawPay. To learn more contact (866) 376-0950 or www.Law HN Pay.com/dallasbar.
Tracy Gavin is the Marketing Director for LawPay. She can be reached at tgavin@affinipay.com.
SAVE THE DATE! LAW JAM 5 Saturday, August 22
Pro Bono Rocks at the Granada Log on to www.dbalawjam.org or contact jsmalling@dallasbar.org for sponsorship informa�on. Proceeds benet DVAP
June 2 0 1 5
Focus
D al l as Bar A ssoci ati on l Headnotes 13
Tort & Insurance Practice
The Implications of the Deepwater Horizon Decision by Veronica M. Bates
In a case worth hundreds of millions of dollars, the Texas Supreme Court definitively ruled that coverage to an additional insured, when acquired by contract, is limited not only by the policy terms but also by the terms of the contract itself. In Re Deepwater Horizon, 2015 WL 674744 (Feb. 13, 2015). The dispute arose from the April 2010 explosion and sinking of the Deepwater Horizon oil-drilling rig resulting in what is commonly known as the BP oil spill in the Gulf of Mexico. Transocean owned the drilling unit and operated it under a drilling contract with BP. Under the contract, Transocean agreed to indemnify BP for above-surface pollution regardless of fault, and BP agreed to indemnify Transocean for subsurface pollution. The contract also required Transocean to carry insurance naming BP as an additional insured, but specified that the scope of the additional insured coverage was for liabilities assumed by Transocean under the terms of the contract. The policies obtained by Transocean provided addi-
tional insured status to any person or entity to whom Transocean was obligated by way of an “insured contract” to provide such coverage. BP strenuously contended that, pursuant to the case of Evanston Ins. Co. v. ATOFINA Petrochems., Inc, 256 S.W.3d 660 (Tex. 2008), the additional insured coverage was governed by the policy language alone, not the indemnities assumed in the contract. The Court there, in fact, hold that the contractual agreement to name ATOFINA as an additional insured was separate and independent from the limitations found in the contractual indemnity agreement. Id. at 670. The question in the BP case became whether the Court was expressing a bright line test whereby coverage to an additional insured can never be limited by the terms of a collateral contract, or whether the ruling based upon the contract and policy language in that particular case. Deciding this issue was so close and the impact on the oil and gas industry was so great that the Fifth Circuit declined to rule and instead certified the question to the Texas
Supreme Court. In a majority decision with only one dissent, the Court held that the contract and policy language involved in Deepwater was distinguishable from that in ATOFINA and that the contract language did limit the scope of the additional insured coverage to liability for above-surface pollution. The Court noted that it has long held that insurance policies can incorporate limitations on coverage encompassed in extrinsic documents by reference to those documents. Therefore, the inquiry begins with a review of the policy; and if the policy language directs the reader to another document, then that document must be read in conjunction with the policy in order to determine the existence and scope of additional insured coverage. The additional insured provisions in the Transocean policies did reference the contract. Indeed, without the contractual requirement for insurance, BP would not be an insured under the policies. Therefore, it was necessary for BP to refer to the contract as well in order to assert additional insured sta-
Dallas Minority Attorney Program
tus. Turning to the contract, the Court focused on the insurance clauses which specified that BP was to be named as an additional insured under Transocean’s policies for liabilities assumed by Transocean under the contract. Since the contract terms only obligated Transocean to indemnify BP for above-surface pollution, BP was only insured under the policy for that type of liability - not for liability due to subsurface pollution. The Court noted that “under the terms of the drilling contract, BP’s status as an additional insured is inextricably intertwined with the limitations on the extent of coverage to be afforded under the Transocean policies . . .” In Re Deepwater Horizon sheds light on the Court’s earlier ruling in Atofina with a reminder that an insurance policy cannot be read in a vacuum. A policy is a contract which can incorporate terms of other contracts to define the scope of the coverage pro HN vided therein. Veronica M. Bates is a partner at Hermes Sargent Bates, LLP. She can be reached at veronica.bates@hsblaw.com.
NEED TO REFER A CASE? The DBA Lawyer Referral Service Can Help. Log on to www.dallasbar.org/dallas-lawyer-referral-service or call (214) 220-7499.
WELCOMES MICHAEL E. HANSON, JD, CPA On April 24, the Dallas Minority Attorney Program presented its annual program, which is designed to meet the unique challenges facing the minority or female attorneys practicing in the small firm or as a solo practitioner. Thank you to all of the CLE presenters and Judges who participated. Shown: (left to right): Rhonda Hunter, event organizer; “Meet the New Judges Panel,” participants; and (far right) Michele Wong Krause, event organizer.
Mike brings years of valuable experience in the business world to the area of family law. He started his business career as an Audit Manager at Arthur Andersen and has worked as a controller and CFO before deciding to attend SMU Dedman School of Law.
TLIExperience Because of our 35 years in the business, Texas Lawyers’ Insurance Exchange has been voted best professional liability insurance company in Texas four years in a row by Texas Lawyer magazine. That same experience and our exceptional employees are why TLIE is also a Preferred Provider of the State Bar of Texas. Not to mention, we have returned over $36,550,000 to our policyholders. See why experience makes the difference.
512.480.9074 / 1.800.252.9332 INFO@TLIE.ORG / WWW.TLIE.ORG
Managing Partner, Jody L. Johnson sees Mike as an asset for the firm’s clients. “Mike has valuable problem solving skills and the ability to quickly look at the big picture for our clients, but he is also adept at helping clients through the financial turmoil of their divorce.”
17480 DALLAS PKWY, STE. 101, DALLAS, TEXAS 75287 | 972-464-2724 Mike Yarber, President
@TLIE_
facebook.com/TLIE01
www.jljfamilylaw.com
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
Column
June 2015
In The News
FROM THE DAIS
Colin Cahoon, of Carstens & Cahoon, LLP, presented at “The Stampede,” an event held at the annual CLE hosted by Minnesota Intellectual Property Lawyers Association. Paul Schoonover, of Kleiman Lawrence Baskind Fitzgerald LLP, taught Sports Law at SMU’s Dedman School of Law and this spring he taught Ethics in Sports to degree candidates in SMU’s Master of Science in Sport Management program.
KUDOS
Kim J. Askew, of K&L Gates LLP, received the prestigious 2015 American Inns of Court Professionalism Award for the Fifth Circuit. The award was presented at the Fifth Circuit’s Annual Judicial Conference by Chief Judge Carl E. Stewart and BG Malinda E. Dunn, U.S. Army (Ret.). Kim was also awarded The Dallas Women’s Foundation’s 2015 Maura Women Helping Women and Young Leader Awards presented at the Leadership Forum and Awards Dinner. Michele Wong Krause received the Audrey Kaplan Inspiring Women of the Southwest Award. Patrick Shaw, of Woodward & Shaw, PC, received the 2015 Lifetime Achieve-
ment Award from the Dallas Association of Petroleum Landmen. Harriet Tabb, of McGuire, Craddock & Strother, has been admitted in the American College of Real Estate Lawyers, the premier organization of real estate lawyers in the U.S. Bryan P. Stevens, of Hallett & Perrin, P.C., has been elected Shareholder. Paul Watler, of Jackson Walker L.L.P. has been appointed to the University of Texas Moody College of Communication Advisory Council. Christa Sanford, of Baker Botts LLP, received 2015 Young Leader Award presented by The Dallas Women’s Foundation. Bill Holston, Jr., of Human Rights Initiative of North Texas, and Mike Gruber, of Gruber Hurst Elrod Johansen Hail Shank LLP, were recognized as Distinguished Alumni of SMU Dedman School of Law. Al Ellis, of Sommerman & Quesada L.L.P., has been selected to the 2015 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel. Darrell Jordan, of Diamond McCarthy,
LLP, has received the 2015 Texas Bar Foundation’s Outstanding 50 Year Lawyer Award. Jerry Clements, of Locke Lord LLP, has been named the 2015 Baylor Lawyer of the Year by the Baylor Law Alumni Association for her distinguished professional career and service to the community. P. Mike McCullough, of Thompson & Knight LLP, was honored with the Ruth and Ken Altshuler Callier Care Award for his longstanding dedication to the Callier Center for Communication.Disorders
ON THE MOVE
Hon. Chris Wilmoth and Scott Chase have joined Farrow-Gillespie & Heath LLP as a Partner and Of Counsel, respectively. Leland de la Garza and Julie A. Smith joined Hallett & Perrin, P.C. as Shareholders. Ron C. McCallum joined Simon Greenstone Panatier Bartlett, PC as Associate. Jane Taber joined Scheef & Stone, L.L.P. Dallas office as Partner. Shawn Tuma joined the firm’s Frisco office as Partner. Mary Ann Wyly joined The Miller Law Firm as Associate.
Kirsten Castañeda joined Alexander Dubose Jefferson & Townsend as Partner. Anna L. Wortham joined Travis Law Group, P.C., formerly known as Travis & Calhoun. The firm’s new address is One Galleria Tower, Suite 1700,13355 Noel Road, Dallas. TX 75240. Lora G. Davis and Laurel Stephenson have formed the firm, Davis Stephenson, PLLC, 100 Crescent Court, Suite 700, Dallas, TX 75201. 214-396-8800. Judith K. Tobey is Of Counsel for the firm. Brent Walker joined Aldous Law Firm as Partner. The firm’s name has subsequently changed to Aldous \ Walker LLP. Alexandra Wales joined Spencer Law, PC as Associate. David Newland and Andrew Ostapko joined Winstead PC as Associates. Joseph C. Portera joined Capital One as Managing Vice President & Chief Counsel, Financial Services. News items regarding current members of the Dallas Bar Association are included in Headnotes as space permits. Please send your announcements to Judi Smalling at jsmalling@dallasbar.org
SAVE THE DATE!
DBA Community Day of Service Saturday, October 24, 2015 A day of community service hosted by the DBA’s Community Involvement Committee. Questions? Contact elwoodb@gtlaw.com or acavazos@velaw.com.
DVAP’s Finest Carla Jaroch
Carla Jaroch is an attorney new to the Dallas Metroplex. Prior to attending law school, Carla was an Officer in the United States Air Force and served in New Mexico, Germany and Macedonia. Upon graduation from UNLV Boyd School of Law in 2011, Carla was a law clerk for two civil docket judges in the Eighth Judicial District Court in Las Vegas, Nevada. In April 2013, she relocated to Plano with her husband and son. After her admission to the Texas Bar in the spring of 2014, Carla founded her own law practice with a focus on family and juvenile law and began her volunteer work with DVAP. Carla has found her service to her DVAP clients to be the most professionally rewarding experience, and she has handled a variety of DVAP cases. As a result of the invaluable mentorship from the DVAP attorneys, Carla gained skills and expertise in areas of law and practice that would not otherwise have been so readily available to her as a new solo practitioner. As Carla has said, “I owe much of my future success to my time spent as a DVAP volunteer. This program gave me a unique learning opportunity no other academic program or law firm could match. I am deeply motivated by the experiences of my DVAP clients and see the impact my service has had not only on their lives, but in the lives of their loved ones and the community. It truly has been my pleasure and honor to volunteer with DVAP.” Thank you for all you do, Carla!
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
BECOME AN E-MAIL MENTOR TO NORTH DALLAS HIGH SCHOOL STUDENTS MENTOR2.0 Program In partnership with Big Brothers Big Sisters, the DBA has adopted North Dallas High School for the new MENTOR2.0 Program. North Dallas High School is conveniently located in Uptown at Cole and McKinney Avenue. The MENTOR2.0 Program is primarily an electronic pla�orm mentoring program with the 2015-2016 freshman students. It is designed for DBA volunteers to help students prepare for college and career success through e-mail and face-to face visits every six weeks at the school. This highly successful program has already made a huge difference in the lives of many students. All current mentors in the E-Mentoring Program are encouraged to sign up NOW at www.bbbsmentor2.org and you will be assigned a new student for the fall. And, NEW mentors are also needed. Please go to www.bbbsmentor2.org for more informa�on on how you can become involved. For more informaƟon: Email Mandy Klem at mklem@bbbstx.org.
J une 2 0 1 5
Classifieds
Dal l as Bar A ssoci ati on l Headnotes 15
June
EXPERT WITNESS
Economic Damages Experts - Thomas Roney has more than twenty five years’ experience providing economic consulting services, expert reports and expert testimony in court, deposition and arbitration. His firm specializes in the calculation of economic damages in personal injury, wrongful death, employment, commercial litigation, IP, business valuation, credit damage and divorce matters. Mr. Roney and his experienced team of economic, accounting and finance experts can help you with a variety of litigation services. Thomas Roney LLC serves attorneys across Texas with offices in Dallas, Fort Worth and Houston. Contact Thomas Roney in Dallas/Fort Worth (214) 665-9458 or Houston (713) 513-7113. troney@thomasroneyllc.com. “We Count.” Mexican Law Expert - Attorney, former law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues: FNC motions, Mexican claims/defenses, personal injury, moral damages, contract law, corporations. Co-author, leading treatise in field. J.D., Harvard Law. David Lopez, (210) 2229494. dlopez@pulmanlaw.com.
OFFICE SPACE
Pearlstone Suites in the West End of downtown Dallas are unique new law offices combined with professional law firm marketing services to help attorneys launch or grow a solo practice or small firm. Suites include these amenities at no additional cost: Direct dial phone with personalized voicemail and call forwarding, high speed internet access, IT support, law office reception, on-site building security, conference rooms, kitchen and coffee service, fitness center, building directory listing, all utilities and CAM charges. Marketing services available include websites, branding, brochures, strategy, coaching and more. Pre-leasing discounts available until June 30. Visit www.pearlstonesuites.com or call (214) 446-3943. Furnished single office with secretarial space available if needed within small real estate law firm located at 4054 McKinney Avenue. Shared conference and break room, furniture, copier, fax, DSL & phone equipment are available if needed. No long term commitment and a monthly rate of $850.00. Call (214) 520-0600 Sublease at Campbell Centre I - Central Expressway & Northwest Highway area. Nice window office space ($2,600/mo) with separate space for assistant (addt’l $500 / mo); 12th floor. Space includes shared use of three conference rooms, kitchen, and covered parking garage spaces. Amenities include shared receptionist, phone system, copier, scanner, and fax. Please contact Mr. Hall at (214) 691-7781 Why Rent, when you can buy for even less? Two story, 6970 sq ft office building in east Dallas, corner of I-30 and St Francis exit. Walk across parking lot to JP court at County sub-courthouse. Hop on I-30 for EZ and fast access to downtown and courts. Use whole building yourself, or rent part of it to cover mortgage, and adjust it to suit your expanding practice and need for more space. Your occupancy could be FREE. Great, unique investment opportunity. Lots of parking. Available immediately. Possible seller financing. First come, first
serve. Don (214) 682-6425 (principal). 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. Private office space and suites for lease in Richardson. Excellent Location off Spring Valley two blocks east of I-75. Perfect space for Attorneys/CPA’s/Title Company/ Insurance Agent/Architects. Availability of Two Suites. Amenities Include: Receptionist service, Use of standard conference room, Complimentary coffee service, Full kitchen, Copier/scanner available for an added charge. Flexible lease terms. All utilities included. Free parking and 24/7 access. Additional information available please send email to: janice@nacollawfirm.com. Park Cities/Central Expressway – Upscale law firm has Class A office space with highend finish-out available. Located at 8150 Central Expressway in Dallas. Up to 3 partner offices, 6 associate offices, and 6 interior offices available. Access provided to 2 conference rooms, large boardroom and kitchen, as well as office amenities/equipment such as phone, Internet, copier, etc. Free surface and garage parking. Please contact Chelsea at (214) 367-6000. DOWNTOWN DALLAS – Office available, located in the historic KATY Building directly across from the Dallas County Courthouses. Receptionist, phone system, conference room, Wi-Fi, fax and copier available for tenants use. No lease required. Please inquire at (214) 748-1948. Far North Dallas-Tollway & Frankford Rd -Office Space Available, 2588 square feet, ready to go! Includes 7 Large Carpeted Private offices, Reception Area, Large Conference Room, Large Kitchen, Storage and Utility Rooms, Ample Parking. One block east of Dallas North Tollway. Contact Kevin at (214) 770-4063 or kevin@ kevinodavis.com. Walnut Glen Tower (Walnut Hill/Central). Looking for your next step? Leaving an existing firm and/or going out on your own? Thinking about an executive suite? Why not make the transition in an office of established attorneys with all the benefits of being in a law firm environment. The ability to ask questions of and brainstorm with more seasoned attorneys. How about practicing in a relaxed yet professional 4-lawyer environment in tasteful, bright offices in a class A building with views of downtown? Includes administrative stations, conference room, kitchen, copier, phone system, reserved garage parking, onsite restaurant and other amenities. If this sounds good to you, give us a call at (214) 750-1600 for details. Central Expressway | Park Cities – Varying sized offices and cubicles are available for rent. Office with several long-established law practices. Perfect for Solo practitioners and 2-to-3 partner groups. Your space comes with turnkey services, amenities and updated technology at affordable pricing. For pictures, floorplan and greater detail, please visit us at www.MeadowsLawCenter.com or call (214) 368-7880 Ext 4413.
Monticello and Highway 75– Furnished single office with secretarial space available if needed within small real estate firm. Conference and break room, furniture, copier, fax, DSL & phone equipment are available if needed. Monthly rate of $1,000. Call (817) 307-1985 for information. Class A Building | Central Expressway | Mockingbird Station | Premier Place - 3 window offices and 1 interior office available for rent in Class A building with movein June 1, 2015. Located at Premier Place, 5910 N. Central Expressway, 9th Floor, facing south towards Mockingbird Station and downtown Dallas. Access to conference room as well as other amenities, including phone, internet, copier/work room, kitchen, file room, etc. Perfect for Solo practitioners and small law practice from 2-to-4 person firm. Office located next to Mockingbird Station which has several restaurants within a short walking distance. Easy access to Central Expressway. For further information, please call Robert at (214) 987-0098 or email robert@grishamlaw.com. Park Cities/Preston Center/Toll Road – Spacious window office with adjoining conference room or secretarial space in recently built office suite. Amenities include additional large conference room, receptionist, fax, high speed color scanner/copier/printer, parking garage, internet – wired and WiFi. Email rick@tubblawfirm.com or call (214) 965-8535.
POSITION AVAILABLE
SMU Dedman School of Law is seeking a full-time Director for its new VanSickle Family Law Clinic that will assist low income residents. This is a non-tenure track position. The Director will teach a seminar and supervise student attorneys. However, during school vacations and summer months, the Director will be fully responsible for maintaining the Clinic’s docket. For a full description of the Director’s duties, see http://l.tx.bar. associationcareernetwork.com/Common/ HomePage.aspx. Requirements: J.D. degree, an excellent academic record, at least five (5) years of family law legal experience, and must be licensed by the Supreme Court of Texas by the end of 2015. Board certification in family law is preferred. Teaching experience and experience in running a legal clinic are also preferred. 12-month contract with benefits. Salary commensurate with experience. To apply, e-mail resume and a cover letter to bettya@smu.edu. REF: #00053687. Applications accepted until position is filled. SMU is an Affirmative Action/Equal Opportunity Employer. Health Law Attorney Needed Experience in healthcare regulatory and payment matters - Medicare, Medicaid, licensing, transactional or criminal law services to healthcare providers. We prefer a problem solver with a disciplined work ethic, excellent writing skills, good attitude who is selfmotivated and will participate in marketing & seminar presentations. Please email resume to markskennedylaw@msn.com. Paralegal Wanted: Duffee+Eitzen, OakLawn/Turtle Creek area boutique family law firm, is looking to hire a paralegal with at least 5 years heavy family law experience. Competitive compensation package. Please send resumes to meitzen@duffee-eitzen.com. Established commercial litigation and bankruptcy boutique looking to add one or two equity partners with portable business to grow and diversify firm. Please email DallasPartnerPosition@gmail.com for more information. Emmert & Parvin, LLP is seeking the addition of 2-3 attorneys with established practices in commercial litigation, family law and probate. Our compensation formula has no billable hours requirements and allows you to set your hours. Con-
tact Chris Parvin for more information at chris@emmertparvin.com. Estate Planning & Probate Attorney. Park Cities. Busy JD/CPA with growing Financial Advisory practice will mentor attorney with Estate Planning & Probate experience to leverage legal skills, increase earnings. Tech-savvy required. Develop partnership financial services practice to complement legal services. FAX resume (214) 363-1356. Legal Aid of NorthWest Texas (“LANWT”) currently has various openings throughout its firm at various locations. We are a Section 501(c)(3) nonprofit Texas Corporation. LANWT provides free civil legal services to eligible low-income residents in 114 Texas Counties. If you are interested in joining a great team that offers you the opportunity to rapidly develop litigation skills in court, a generous health benefits package, and the ability to be of service to others, we encourage you to visit LANWT’s career site at www.lanwt.org.
POSITION WANTED
Real Estate and Finance Attorney. Over fifteen years major firm experience representing lenders, buyers and sellers of commercial real estate, including multistate portfolios. Full or part time. Willing to maintain own insurance. Dallas area. Prefer real estate section of law firm. cpant@verizon.net. Of Counsel Energy Attorney. Does your matter have an energy component that needs to be addressed by an experienced energy attorney? As the energy industry continues to grow, many firms intake matters that do not necessitate hiring a full time associate nor retaining a partner exclusively for oil & gas support. If you have a project or a series of projects that require primary or ancillary assistance from an experienced counsel who possesses needed knowledge of the nexus of oil & gas and corporate law, please do not hesitate to contact me using the phone number or email address set forth herein. (214) 2641414 or ted@teslawfirm.com.
SERVICES
Helping trial lawyers win cases. Attorney with outstanding research and writing skills available for hourly projects. More than 30 years’ experience; law review, former judicial clerk. (972) 2438444; www.trialassistance.com. Immediate Cash Paid For Diamonds and Estate Jewelry. Buying all types of jewelry and high end watches. Consignment terms available @ 10-20 % over cash. For consultation and offers please call J. Patrick (214) 739-0089. Energy Acquisition(s): I buy any size royalty(ies), mineral(s), working interest(s) and try to reach (and pay) the sellers asking price. I am a licensed attorney and have been making oil and gas purchases for 35 +/- years. E-mail to bleitch@prodigy.net or call Brenda at 1-800-760-9890 or (214) 720-9890 for a friendly and quick analysis and response. 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.
16 HCNLW-1005 e a d n oCrain t e s | Lewis l DHeadnotes a l l a sAd.pdf B a r 3A s5/11/15 s o ciation 2:30 PM
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June 2015