Dallas Bar Association
HEADNOTES January 2016 Volume 41 Number 1
Jerry Alexander to be Inaugurated as DBA’s 107th President by Jess Davis
Jerry C. Alexander, the president of Passman & Jones PC, will take the reins as the 107th President of the Dallas Bar Association on January 1, 2016. Mr. Alexander, a general business litigator for more than 40 years, has been active in the DBA since the early years of his career, and has steadily risen through the DBA’s leadership ranks since he was elected to the DBA board in 2007. Recognizable for his tall frame, mustache, and twinkling blue eyes framed by a shock of white hair, Mr. Alexander has led the DBA’s Finance Committee, Judiciary Committee, Senior Lawyers Committee and the Judicial Polls Study Committee. He led the DBA’s Vision 2020 Commission, chaired Jerry C. Alexander the record-setting 2010 Campaign for Equal Access to Justice, and played a key role in drafting the Local Rules of Practice used in Dallas County’s Civil District and County Courts at Law as the chair of the local rules subcommittee of the Judiciary Committee in the 1990s. Mr. Alexander plans to use his term as president to involve more people in the DBA’s activities and committee work. Many DBA members may not know how great the benefits are from participating in the DBA’s programs and committees, and how renewing and fulfilling those activities can be, he said. So many lawyers went to law school with the goal of helping others, and get a tangible feeling of accomplishment from participating in programs like the Dallas Volunteer Attorney Program or LegalLine, contributing to build a Habitat for Humanity house or mentoring high school students and young lawyers, he added. “The Bar Association has so many programs that really reach out and help people,” he said. In a speech nominating Mr. Alexander to be the DBA’s next president, State Bar of Texas President Frank E. Stevenson—a former DBA president—called Mr. Alexander a “bril-
liant and indefatigable leader who has exercised a strong lifelong work ethic to benefit the Dallas legal community through his service to the Bar.” “This commitment to hard work lies at Jerry’s core,” Mr. Stevenson said in his speech. “It is who he is. In fact, it is who he has always been.” Mr. Alexander’s fate may have been sealed when his family moved in 1951 from Oak Cliff to University Park. The then5-year-old’s new neighbors were Louise and Grier Raggio—the pioneering family lawyers—who exposed Mr. Alexander to the world of lawyers, judges, and legal academics at gatherings in their home, and strongly encouraged him to become a lawyer. As a child, he had only a vague idea of their work, but the idea of becoming a lawyer stuck with him. Before he would become a courthouse regular, Mr. Alexander built a resume with steady jobs starting at age 12: working at a watermelon stand on Hillcrest Road as the “rind boy,” delivering newspapers, mowing lawns, helping at the family farm in Ellis County, substitute teaching, bartending, construction work, operating a ride at Six Flags Over Texas, and many more. After graduating from Highland Park High School in 1964, he studied English and chemistry at Southern Methodist University, where he was president of Phi Delta Theta fraternity. He worked as a chemist at an experimental farm run by the U.S. Department of Agriculture and worked as an aide for U.S. Representative Earle Cabell before returning to SMU to study law. One of his earliest jobs paid big dividends when Mr. Alexander was a law student. Passman & Jones real estate lawyer Jim Carmichael’s father owned the watermelon stand where Mr. Alexander had worked summers as a young teen, and recognized him when he was recruiting on campus at SMU. Mr. Alexander became one continued on page 10
Focus Sports & Entertainment Law
Dr. Michael J. Sorrell to Receive 2016 MLK Justice Award by Dawn Fowler
“I will need to hold my students close and tell them that I love them every day. But I struggle with telling them to have faith in a system that I know might very well betray them one day. I will wonder how to tutor them to find peace in places where there is none. And I will have no idea how to teach them to close their eyes and pray when I close my eyes and all I see is Emanuel AME.” Michael J. Sorrell, in the aftermath of the murder of nine parishioners attending a prayer service at Emanuel African Methodist Church in Charleston, South Carolina. On January 18, 2016, the Dallas Bar Association will honor Dr. Michael J. Sorrell, President of Paul Quinn College, as the 2016 recipient of the Martin Luther King, Jr. Justice Award. The annual award recognizes attorneys who embody Dr. Michal Sorrell the principles and values of Dr. King’s life and legacy: justice, compassion, and service. Dr. Sorrell epitomizes these values. He says that he is motivated by his amazing wife and two wonderful children, and that every day he feels more blessed and inspired to honor them. Professionally, he is most proud of his contributions to building a model for a truly great small urban college. His goal is to make a “down payment on perfect” at Paul Quinn, a small liberal arts college in an under-resourced area of South Dallas. He says that something does not have to be big to be complex, challenging, or rewarding. “This can work,” he says. It is possible to take students from an under-resourced community and the challenges faced by those students, and teach them to change their communities via a quality education. Paul Quinn accepts both students that other schools aggressively recruit and those who have likely been overlooked. Dr. Sorrell’s method is to create points of personal connection and emphasize experiential learning. Each student is required to work 10-20 hours per week through Paul Quinn’s Work Program. This allows them to receive two forms of education— academic and practical. Dr. Sorrell and the staff at the College have arranged for corporate sponsors to make this possible in addition to providing opportunities on campus. Dr. Sorrell also cares about his students on a truly personal level, and takes the time to know them. He has raised monies for eyeglasses and set up a travel fund. He acknowledges their struggles, but does not compromise his expectations. Dr. Sorrell has received awards and honors too numerous to list—from Washington Monthly’s “America’s 10 Most Innovative College Presidents” to Dallas Business Journal’s “Dallas’ Forty under Forty” and “Minority Business Leaders Award.” He
Inside
5 Access to Justice: Justice Hankinson Donates $25,000 to EAJ 8 DBA Athletic Director: Do More Now 14 Common Tax Issues in Representing Entertainers & Artists 17 U.S. Copyright Basics: Celebrating Creators
has received both the President’s and C.B. Bunkley Awards from the J.L. Turner Legal Association for his outstanding contributions to the Dallas legal community. Under his leadership, Paul Quinn College has also been awarded numerous honors and recognitions, and has undergone a radical transformation. Once a place of broken buildings, overgrown and dying vegetation, and unmet expectations, it is rapidly becoming a model for urban higher education. It is also a place of transformation—partnering with PepsiCo to dig up the football field and create an organic farm in a food desert. Staff and student-employees, who also learn business and marketing skills, operate the “US over Me Farm.” At least 10 percent of the produce is donated to neighborhood families and food banks. The rest is sold to the Dallas Cowboys, grocers, and restaurants to maintain the operations. Dr. Sorrell received his undergraduate degree at Oberlin College; his Ed.D. at the University of Pennsylvania; and his J.D. and M.A. from Duke. He received a Sloan Foundation Graduate Fellowship and was a Graduate Fellow at Harvard University’s Kennedy School of Government. At every institute, Michael was a leader. He was a special assistant in President Clinton’s Initiative on Race. He currently serves as a trustee or director for numerous entities including the College Board, Duke’s Sanford School of Public Policy and .SMU’s Tate Lecture Series. The Dallas Bar Association is honored to present Dr. Sorrell with this prestigious award for his service to so many organizations, Paul Quinn College, and the Dallas community. DBA President, Jerry Alexander, is proud on both a professional and personal level. “I have known Dr. Michael Sorrell over 15 years, and he is a most worthy recipient. Like Dr. King, he is a terrific motivator and educator, and he has been a great, positive influence on many young people, including a young person very important to me—my son.” Dr. Michael Sorrell is a testament of the truth of the axiom that history does not dictate destiny. The young people who society has dismissed are graduating from Paul Quinn and making valuable contributions to the Dallas community and their families fueled by the vision and transformative inspiration provided by Dr. Sorrell. Please join us in thanking and honoring Dr. Michael Sorrell at the Martin Luther King, Jr. Justice Award Luncheon at noon on Monday, January 18, 2016, at the Belo Mansion. Members of the DBA and community are invited to attend. To make reservations, contact Biri Avina at bavina@dallasbar.org. A plated lunch will be HN served at a cost of $14.95.
Dawn Fowler is a past co-chair of the DBA Publications Committee, and is a solo practitioner specializing in family law. She can be reached at dawn@dawnfowlerlaw.com.
DBA MEMBER REMINDER – RENEW TODAY! 2016 DBA DUES STATEMENTS were mailed in late November. 2016 DBA DUES must be paid by the end of the month to continue receiving ALL your member benefits including access to over 400 free CLE presentations and your monthly Headnotes publication. If you have not renewed yet, mail in your payment or go online and renew TODAY! Go to the DBA website and under the Membership menu, click on Renew Membership. Thank you for your support of the Dallas Bar Association!
2 He a d n o t e s l D a l l a s B a r A s s o ciation
January 2016
Calendar January Events FRIDAY CLINICS JANUARY 8-NORTH DALLAS** Noon
Cancelled
JANUARY 15-BELO Noon
“Commercial Litigation Financing: What Lawyers Need to Know When Clients Ask,” Charles Agee, Paul Koning, Lucian Pera. (MCLE 1.00, Ethics 0.50)*
FRIDAY, JANUARY 1 DBA Offices Closed in Observance of New Year’s Holiday
Real Property Law Section “Texas Legislative Update,” Richard A. Crow, Esq. (MCLE 1.00)*
Tax Law Section “Buy Assets? Sell Equity? Business and Tax Considerations in Asset and Entity Purchases and Sales,” Jennifer Gurevitz and Chris Morales. (MCLE 1.00)*
MONDAY, JANUARY 4 No DBA Events Scheduled
TUESDAY, JANUARY 5 Noon
Corporate Counsel Section “Proxy Season Update/Getting Prepared for Your Annual Meeting,” Jim O’Bannon. (MCLE 1.00)*
Tort & Insurance Practice Section Topic Not Yet Available
Public Forum Committee
5:30 p.m. Bankruptcy & Commercial Law Section “Bankruptcy Recent Developments in the Fifth Circuit and Supreme Court,” Hon. Harlin D. Hale, Rakhee Patel and Gerrit Pronske. (MCLE 1.00)*
Peer Assistance Committee
TUESDAY, JANUARY 12
MONDAY, JANUARY 18 Noon
Martin Luther King, Jr. Justice Award Luncheon Recipient: Dr. Michael Sorrell. RSVP to bavina@dallasbar.org.
TUESDAY, JANUARY 19 Noon
Antitrust & Trade Regulation Section Topic Not Yet Available
International Law Section “Killer Robots? Autonomous Weapons and the Law of Armed Conflict,” Prof. Chris Jenks. (MCLE 1.00)*
Community Involvement Committee
DAYL Elder Law Committee
Legal Ethics Committee
8:00 a.m. Federal Bar Association Civil Practice Seminar
DAYL Lawyers Promoting Diversity
St. Thomas More Society
Noon
Intellectual Property Law Section “From Creation to Litigation: Corporate and Trial Perspectives on Trade Secrets,” Austin Champion and Chris Storm. (MCLE 1.00)*
Public Forum “Courthouse Safety Forum,” Jeffrey McNair, Marquis Fomby and Eric Walker, moderator. (MCLE 1.00)* Open to the public. RSVP to sevans@dallasbar.org.
Alternative Dispute Resolution Section “Making the Best of a Bad Situation: Successful Strategies for a Bankruptcy Mediation,” Peter L. Borowitz, Hon. Harlin D. Hale, Jeffrey S. Sabin and John DeGroote, moderator. (MCLE 1.00)* Labor & Employment Law Section “MLK and the Power of Persuasion,” Mike Maslanka. (MCLE 1.00)*
Dallas Bar Foundation Board Meeting
11:30 a.m. House Committee Walk Through
Noon
DAYL Lawyers Against Domestic Violence
Judiciary Committee
MONDAY, JANUARY 11
Implicit Bias Special CLE “Uncovering Implicit Bias and Understanding Its Effects,” Hon. Bernice Donald, Prof. Sarah Redfield, Rhonda Hunter and Wei Wei Jeang. (MCLE 3.75, Ethics 1.00)*. RSVP to ahernandez@dallasbar.org.
Entertainment Committee
Trial Skills Section “Changes to the Federal Rules of Civil Procedure,” Jim Cuaderes and Jon. Irma Ramirez. (MCLE 1.00)*
Noon
WEDNESDAY, JANUARY 13
Government Law Section Topic Not Yet Available
Friday Clinic-Belo “Commercial Litigation Financing: What Lawyers Need to Know When Clients Ask,” Charles Agee, Paul Koning, Lucian Pera. (MCLE 1.00, Ethics 0.50)*
Mergers & Acquisitions Section “Recent M&A Developments in Delaware,” Mark J. Gentile. (MCLE 1.00)*
Construction Law Section “The Good, The Bad and The Ugly – the Truth About the Legislative Process in Texas,” Hon. Bennett Ratliff. (MCLE 1.00)*
Noon
Noon
Friday Clinic—North Dallas** Cancelled
FRIDAY, JANUARY 22
Business Litigation Section “Pitfalls of Retention/Engagement Letters,” Shelly Skeen and Robert Tobey. (Ethics 1.00)*
6:00 p.m. Home Project Committee
Noon
FRIDAY, JANUARY 15
Noon
THURSDAY, JANUARY 7
FRIDAY, JANUARY 8
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group
Family Law Section “Hidden Secrets: An Overview of Cell Phone and Computer Forensics,” Cody Breunig. (MCLE 1.00)*
Admissions & Membership Committee
Summer Law Intern Program Committee
DAYL Lunch & Learn CLE
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
THURSDAY, JANUARY 14 Noon
DVAP CLE “Avoiding Grievances and Honoring the Law,” Robert Tobey. (Ethics 1.00)* RSVP to reed-brownc@lanwt.org.
WEDNESDAY, JANUARY 20 Noon
Energy Law Section “How To Make Arbitration Work for You,” Cecilia Morgan, Charles Sartain and Mark Shank. (MCLE 1.00)*
Health Law Section Topic Not Yet Available
Golf Tournament Committee
DAYL Solo & Small Firm Committee
TUESDAY, JANUARY 26 Noon
Probate, Trusts & Estates Law Section “Portability,” Lora Davis. (MCLE 1.00, Ethics 0.25)*
Courthouse Committee
American Immigration Lawyers Association
6:00 p.m. Dallas Hispanic Bar Association
WEDNESDAY, JANUARY 27 DAYL Equal Access to Justice Committee
Pro Bono Activities Committee
Non-Profit Law Study Group
DVAP New Lawyers Luncheon. For more information, contact reed-brownc@lanwt.org.
Municipal Justice Bar Association
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
THURSDAY, JANUARY 21 Noon
Appellate Law Section “Avoiding Client Disputes,” Suzanne Raggio Westerheim. (Ethics 1.00)*
Media Relations Committee
Minority Participation Committee
Christian Legal Society
DAYL Animal Welfare Committee Dallas Gay & Lesbian Bar Association
Law in the Schools & Community Committee
Publications Committee
6:00 p.m. Criminal Law Section “Preventing Executions by Preventing Homicide: How Our Society and Legal System Can Stop Murderers Before They Kill,” David R. Dow. (Ethics 1.00)* Sponsored by the DBA Criminal Law Section and Rice University Lawyers Alumni Association.
Speakers: Jeffrey McNair, Assistant Chief, Dallas County Marshal’s Service Marquis Fomby, Judicial Security Inspector U.S. Marshals, Western District of Texas Eric Walker, Kilmer Crosby & Walker PLLC, Moderator
Senior Lawyers Committee “ABC&D’s of Medicare,” Ken Barge.
Tuesday, January 12, Noon at Belo | MCLE 1.00
Law Day Committee
Courthouse Safety Forum
Computer Law Section “Building a Data Breach Response Plan – Practical Solutions You Can Implement Today,” Laura Lewis and Sophilia Wu. (MCLE 1.00)*
Sports & Entertainment Law Section “Helping Photographers Navigate Legal Issues,” ºThomas Maddrey. (MCLE 1.00)*
CLE Committee
6:00 p.m. J.L. Turner Legal Association
Noon
Noon
Christian Lawyers Fellowship 3:30 p.m. DBA Board of Directors Meeting
MONDAY, JANUARY 25
THURSDAY, JANUARY 28 Noon
Collaborative Law Section “Collaborative Law Elevator Pitch,” Barrett A. Stern. ( MCLE 1.00)*
Criminal Law Section “Alcohol Monitoring Devices,” Brady Wyatt. (MCLE 1.00)*
Environmental Law Section Topic Not Yet Available
DBA Community Service Fund Board Meeting
FRIDAY, JANUARY 29 9:00 a.m. Law Stuff You Should Know “A 2015 Survey of the Law.” (MCLE 7.00, Ethics 1.50)* $20 for members and $30 for nonmembers. Registration required in advance to kzack@dallasbar.org. Noon
DAYL CLE Committee
YOU ARE INVITED! M Ùã®Ä Lçã« Ù K®Ä¦ JÙ. LçÄ « ÊÄ Monday, January 18, Noon at the Belo MLK JusƟce Award to be presented to
Dr. Michael J. Sorrell
Open to the public. RSVP to sevans@dallasbar.org. Sponsored by the Courthouse & Public Forum Committees
$14.95 per person. RSVPs required. Contact BAvina@dallasbar.org
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 Yedenia Hinojos 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.
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D al l as Bar A ssoci ati on l Headnotes 3
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4 He a d n o t e s l D a l l a s B a r A s s o ciation
January 2016
Headnotes
President's Column
Donations of Time & Treasure Jerry C. Alexander
As the holiday season winds to a close, we are still mindful of miracles. In this first column it is important that we all remember five miracles the Dallas Bar Association performs each and every year. These miracles come about through the generous donations of the time and treasure of our 11,000+ members.
Continuing Legal Education
The name given first by the DBA to its headquarters on Ross Avenue was the Dallas Legal Education Center. While “Legal Education” is no longer on the sign in front of the headquarters, it is what takes place inside. Every year, the DBA presents CLE programs resulting in nearly 14,000 CLE hours. Most of these programs are free, or have only a slight charge to defray expenses for copying outlines and light refreshments. That is a lot of hours—as many hours as three 150-member law school classes, where each student takes a 30-hour load per year. This leads to the irrefutable conclusion that the DBA is the fourth, or the “applied,” law school in North Texas. In continuation of this educational tradition, on January 29, 2016 a seminar will be held at Belo which will combine not only the best practitioners from the DBA, but at least two faculty members from all of the three North Texas Law Schools—Southern Methodist University (my school!), Texas A&M School of Law, and the University of North Texas College of Law. Our thanks go out to the Deans: Dean Jennifer Collins, SMU; Dean Royal Furgeson, Jr., UNT Dallas; and Dean Andrew P. Morris, Texas A&M, who have contributed to putting this seminar together, along with Kent Krause, Diane Sumoski, Robert Tobey, and the fabulous DBA CLE Committee. Please try and attend this seminar. It will be a survey of the most recent developments in the areas of the law that are most common to the practices of DBA members. Hopefully, with good attendance, this will become an annual event which will benefit us all, including developing closer ties between these three great schools of law and the DBA.
Dallas Volunteer Attorney Program (DVAP)
Each year DVAP raises money through contributions from generous individuals in order to provide legal services for indigents in civil matters. Most of the attorneys who perform these services are DBA members taking “pro bono cases.” Many of the “cases” are routine matters from which the poor should have representation just like everyone else. In order to qualify for aid through DVAP, a person must be within 10 percent of the poverty line. Presently 1/3 of the residents of Dallas County are dangerously close to this nationally established poverty line. Obviously to these financially “at risk” people a legal problem can be devastating. If they cannot get their car back from an unethical repair shop, then they cannot get to work, and risk losing their job. If someone is in an abusive domestic situation, they need to get out of it, but divorces cost money. Such examples go on and on, but this is a program that all attorneys, regardless of their view of the world outside of their law practice, have appreciated and supported throughout the years. The reason is simple from an attorney’s standpoint. In addition to the oath that we all take, there is the reality that if a substantial portion of a population is denied access to the institutions that are supposed to dispense justice, at some point they will seek justice on their own in the form of civil disobedience, criminal activity, or simply taking to the streets. Hence, the campaign that raises money for this program is aptly named “Equal Access to Justice Campaign.”
Mock Trial
The Mock Trial program was started by the DBA in 1979 with only 4 Dallas ISD schools and was called the “City Championship.” The program works just as your mock trial or moot court programs worked in law school. Smart lawyers write a problem, and the students figure out how best to present the case—with students acting as both attorneys and witnesses. Through the
efforts of many at the DBA, the Mock Trial Program is now a raging state-wide success! Judy Yarbro and Steve Russell, who have “retired” from Mock Trial after 25+ years of service, Prater Monning, who has been an active participant and backer of the program for 30 years, and Steve Gwinn, the present chair, who has been a part of the program since 1999, along with hundreds of DBA volunteer judges and coaches have grown this program to encompass nearly 200 schools annually and involve approximately 2,000 high school students from all over the State. Current vice-chairs, in addition to Prater Monning, are Tasha James, and Seth Phillips. You are welcomed as a judge in these competitions. You do not have to know anything about trials or evidence, but you will get to see a lot of hard-working young people present their cases. Each year, the DBA and the people involved with the program, receive correspondence from students thanking the DBA for allowing them to participate in the competition stating that the program turned their lives around, and they had a lot of fun. Thank you to all who have ever participated in the Mock Trial Program, as an organizer, judge, or coach. Please continue to do so and encourage others to do so as well.
Habitat for Humanity
This year will be the 25th consecutive year that the DBA has sponsored a Habitat for Humanity build, making the DBA the longest-running whole house sponsor in Texas. Each year through donations of time and money by the generous members of the DBA, a new home is built for a family who would not otherwise qualify for home ownership. Many families have been able to stay together because of the program and all the families have been able to enjoy a better quality of life. Under the leadership of David Fisk and Ethan Minshull, and with the help of Al Ellis and other volunteers, another house will be built and the program will continue.
Bar None
The Bar None Production Company, comprised almost entirely of DBA members, celebrated its 30th anniversary last year. This means that for 30 consecutive years Bar None production company has put on a musical comedy review. Each year has been a different show with new content, new lines to be learned, new songs to be sung, different costumes to be sewn, and on and on. This has to be the longest running musical comedy show in the world! Thirty years is a great run. Now, for the really cool part. During that 30 years, Bar None has raised $1.7 million for the Dallas Bar Foundation’s Sarah T. Hughes Scholarship program to assure that minority law students receive financial aid so they can continue and complete their legal educations. If you have never been to Bar None you have missed out on something that you will find really, really funny! Most of the skits are about lawyers, judges, courts, clients, and situations that we all have to face many times without humor. How does this happen every year? There is a lady named Martha Hardwick Hofmeister who has been the director of each of these productions for all 30 years. I am told she is a stern task master and that my well known problems with authority figures will not serve me well when, as President of the Dallas Bar Association, I have to be in the production this year. Tom Mighell has been the producer for a number of years, and assures each one of these productions is profitable so it can make these donations to the Foundation, including donations last year of over $100,000! Rhonda Hunter, former President of the DBA and our current ABA delegate, has been the choreographer for these shows for all 30 years! Well, that is it! First column is in Headnotes! I hope you enjoyed it and did not mind being reminded of the five miracles (among many others) that occur each and every year because of the hardworking members of the Dallas Bar Association and its dedicated staff. Please support these programs and come to these events. You will not only help the Dallas Bar Association and the community at large, but you will be incredibly enriched, personally. HN See you at the Belo!
COME TO THE INAUGURAL OF Jerry C. Alexander Saturday, January 16, 2016 | The Westin Hotel Galleria and bid on Packages from:
Bob’s Steak & Chop House W Dallas-Victory Stanley Korshak Boulevardier
Perry’s Steakhouse & Grille Hotel St. Germain Rapscallion Cooper Aerobics
Get your tickets now for the Inaugural at www.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: Jerry C. Alexander President-Elect: Rob D. Crain First Vice President: Michael K. Hurst Second Vice President: Laura Benitez Geisler Secretary-Treasurer: Sakina Rasheed Foster Immediate Past President: Bradley C. Weber Directors: A. Shonn Brown, Jonathan Childers, Dawn Estes, Rocio Cristina Garcia (President, Dallas Hispanic Bar Association), Stephanie Gause (President, Dallas Association of Young Lawyers), Hon. Martin Hoffman, Krisi Kastl, Bill Mateja, Karen McCloud, Cheryl Camin Murray, Emmanuel Obi (President, J.L. Turner Legal Association), Monika Sanford (President, Dallas Asian American Bar Association), Diane M. Sumoski, Robert L. Tobey, Aaron Tobin and Victor D. Vital Advisory Directors: Christopher Kang (President-Elect, Dallas Asian American Bar Association), Angelina LaPenotiere (President-Elect, Dallas Hispanic Bar Association), Tramaine Scott (President-Elect, J.L. Turner Legal Association), and Paul Simon (President-Elect, Dallas Association of Young Lawyers) 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: Josh Garza Display Advertising: Deni Ackerman, Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Meghan Hausler and Keith Pillers Vice-Chairs: Alexander Farr and Carl Roberts Members: Timothy Ackermann, Logan Adock, Jerry C. Alexander, Wes Alost, Jason Bloom, Andrew Botts, Charles Coleman, Shannon Conway, Jess Davis, James Deets, Leiza Dolghih, Dawn Fowler, Susan Halpern, Jeremy Hawpe, Mary Louise Hopson, Lindsay Hedrick, Brad Jackson, Andrew Jones, Kristi Kautz, Amanda Kelley, Michelle Koledi, Kevin Koron-ka, Susan Kravick, Lawrence Maxwell, R. Sean McDonald, Tyler Mendez, Terah Moxley, Jessica Nathan, Eugene Ol-shevskyy, Kirk Pittard, Laura Anne Pohli, Charles Price, Kathy Roux, Jared Slade, Thad Spalding, Shana Stein, John Stevenson, Scott Stolley, Amy Stowe, Ashely Swenson, Michael Tristan, Pryce Tucker, Peter Vogel, Suzanne Westerheim, Yuki Whitmire 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: Melissa Garcia 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, Briesha Taylor Program Assistant: Patsy Quinn Secretary: Ellie Pope Copyright Dallas Bar Association 2016. 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 publica-tion. 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 nec-essarily 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.
Janua ry 2 0 1 6
D al l as Bar A ssoci ati on l Headnotes 5
Access to Justice: Deborah Hankinson Donates $25,000 to EAJ
To Give: www.dvapcampaign.org.
Equ al A c
ces s to
always in need of more volunteers to provide advice at clinics, interview clients, and accept legal cases of varying complexity. “I have never met a lawyer who does not believe in access to justice,” said Victor Vital, Co-Chair of $600,000+ the 2016 Equal Access to Justice Campaign benefit$550,000 ting DVAP. “Lawyers are in a unique position to recognize its importance and $500,000 ensure its protection. We understand that access to justice is much more than $450,000 unlocking the courthouse doors for people. It is much $400,000 more than legal advice and a legal remedy. If people have no access to justice, $350,000 the laws of our country are meaningless,” continued $300,000 Mr. Vital. Campaign Co-Chair $250,000 Bill Mateja agreed. “If there is no access to justice, there is no access to $200,000 unbiased adjudicators to resolve disputes. When $150,000 people have are blocked out of our system because $100,000 it is financially inaccessible, they not only have $50,0000 no way to resolve disputes and the legitimacy of our entire system is called into question. A justice system that exists for only those who can pay is no justice system at all.” To learn more about the Dallas Volunteer Attorney Program and the Equal Access to Justice Campaign, contact Ali HN cia Hernandez at ahernandez@dallasbar.org.
gn pai am
Justice Deborah Hankinson has donated and supported the Dallas Volunteer Attorney Program’s Equal Access to Justice Campaign for many years. She recently committed another $25,000 to the 2015-2016 Campaign, increasing her total support since 2003 to over $291,000. Justice Hankinson’s support helps DVAP continue its work in the community, providing advice and counsel, and full representation to low-income clients who otherwise would go without. Justice Hankinson is one of the most active supporters of legal aid to the poor in our community, statewide, and nationally since the 1990s. Her efforts have not only helped individuals get the help they need on their specific legal problems, but they have also created an environment in our state where the Texas Supreme Court, Texas Equal Access to Justice Foundation, Texas legislature, legal service providers, the private bar, and others to work together to address the legal needs of the poor and secure funding for legal aid. To Justice Hankinson, access to justice is more than just helping one individual person with their legal needs. Although one person’s needs are certainly important, she views the issue of access to justice as one that challenges fundamental principles of our American society—that people should have an opportunity to understand and know their rights, have an opportunity to heard, and be judged by an objective judicial system. And that is really what access to justice is about. It is what pro bono and legal aid programs across our country are about. And it is what the Dallas Volunteer Attorney Program, a joint program of the Dallas Bar Association and Legal Aid of NorthWest Texas, is about—helping people understand their rights, giving people a voice in their communities, and representing the poor in our court system so that they too have access to our legal system and the laws of the land. “The promise of equal justice goes unfilled for the poor,” Justice Hankinson said. “The challenge of equal justice is the greatest challenge because it requires each of us to do something. Without this commitment, the rule of law will suffer.” In 2007, the American Bar Association established the World Justice Project. One of the Project’s goals was to develop a definition of the rule of law that could be used both in the United States and abroad. The Project defined
the rule of law as a system in which four universal principles are upheld, including: “1. A system of selfgovernment in which all persons, including the government, are accountable under the law, 2. A system based on fair, publicized, broadly understood and stable laws, 3. A fair, robust, and accessible legal process in which rights and responsibilities Justice Deborah Hankinson based in law are evenly enforced, and 4. Diverse, competent, and independent lawyers and judges.” Every day in Dallas and other communities like ours, people are in need of help, and lawyers remain busy providing advice and counsel, working transactions, mediating cases, and going to court. Many individuals and businesses have their share of lawyers to choose from when they need legal help; they have access because they can afford it. But what happens to the rights and access of individuals who cannot afford a lawyer? What happens to principles two and three when you cannot afford to pay reasonable hourly rates? What happens to the legal rights of the poor who are struggling to pay the rent much less lawyers’ fees? Fortunately, Dallas is blessed with one of the best pro bono legal aid programs in the country—the Dallas Volunteer Attorney Program. A nationally recognized program, DVAP provides a safety valve for individuals and families in desperate need of legal services they cannot afford. When low-income clients need help on a family law case, housing or consumer matter, or will and probate case (just to name a few of the cases DVAP handles), DVAP is where we send them. DVAP is awash in clients who need the help of those of us who have a law license and the wherewithal to make a difference in others’ lives. Unfortunately, DVAP, a joint program of the Dallas Bar Association and Legal Aid of NorthWest Texas, is not awash in enough pro bono volunteers to handle the load. Although thousands are helped each year, there are many who go without legal advice and representation because there are not enough lawyers stepping up to help. DVAP is
C �ce Jus
by Alicia Hernandez
Alicia Hernandez is the director of the Dallas Volunteer Attorney Program and the DBA director of community services. She can be reached at ahernandez@ dallasbar.org.
6 H e a d n o t e s l D a l l a s B a r A s s o ciation
January 2016
Incoming Sister Bar Presidents Set High Goals for 2016 by Brandon Whit Maxey
The Dallas Bar Association is proud to introduce the incoming presidents of its sister bar associations: Rocío Cristina García, an associate in the Capital Finance & Real Estate section at Hunton & Williams LLP, will serve as president of the Dallas Hispanic Bar Association (DHBA) in 2016. Ms. García is a graduate of Mount Holyoke College and was a Fulbright Scholar at the prestigious Universidad de las Américas, Puebla. She earned her J.D. at Northwestern University School of Law. She focuses her practice on acquisition and disposition of commercial real estate, as well as office, industrial, and retail leasing. In 2016, Ms. García will focus on increasing DHBA’s membership and strengthening ties between the DHBA and the Dallas community. Throughout her career, Ms. García has served in several positions in the DHBA—including as chair of various committees. She has held the positions of Director, Secretary, Treasurer, and President-Elect of the DHBA Board of Directors. Stephanie K. Gause will serve as
Rocío Cristina García
Stephanie Gause
president of the Dallas Association of Young Lawyers (DAYL) in 2016. She is a 2006 graduate of The University of Texas School of Law. Included in the 2014 40 Under 40 class by the Dallas Business Journal, Ms. Gause is a real estate partner at Frost Brown Todd LLC. She also serves on the Steering Committee of the Dallas Museum of Art Junior Associates and she is on the Board of Directors for Lee Park & Arlington Hall Conservancy. Ms. Gause has been active with DAYL since 2007, when she participated in the DAYL Leadership Class. In 2016, Ms. Gause will propose solutions to a number of issues facing the legal profession—including mental health
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Emmanuel Obi
awareness, the advancement and retention of women lawyers, and the promotion of a positive image of lawyers in the Dallas community. Specifically, DAYL will launch a mental health awareness campaign for young lawyers. DAYL will partner with the Dallas Women Lawyers Association to create a new program, called “Mentoring Circles,” to better integrate young women attorneys into the Dallas legal community. Additionally, DAYL will work with other sister bar associations to host a free full-day legal symposium for Dallas women and minority small business owners. Emmanuel U. Obi will serve as the 2016 president of the J.L. Turner Legal Association (JLTLA). A 2007 graduate of SMU’s Dedman School of Law, Mr. Obi is the managing partner of The OBI Law Firm, PLLC—a minority-owned firm that provides legal services to entrepreneurs, small businesses and large corporations. Before starting his own firm, Mr. Obi was a member of the public finance section in the Dallas office of Norton Rose Fulbright. In 2015, Mr. Obi was recognized in the Dallas Business Journal’s 40 Under 40 list. He was also recognized as a Texas Rising Star by Super Lawyers and as one of five Outstanding Young Dallasites by the Dallas Junior Chamber of Commerce. As the president of JLTLA, Mr. Obi
Monika Singh Sanford
will continue the association’s work to address the most crucial issues affecting African-American lawyers in Dallas. Specifically, he will focus his efforts in three main areas: (1) increasing the number of African-American attorneys practicing in Dallas; (2) strengthening JLTLA’s existing programs, and forging new, partnerships; and (3) increasing responsiveness to its members. Monika Singh Sanford, a banking and finance attorney with Haynes and Boone, LLP, will serve as president of the Dallas Asian American Bar Association (DAABA) in 2016. Since graduating SMU’s Dedman School of Law in 2007, Ms. Sanford served as chair of several of DAABA’s committees, and from 2012 2015, Ms. Sanford served on DAABA’s board of directors. She currently serves on the State Bar of Texas’ Diversity in the Profession committee. Ms. Sanford is excited to see the growth of the Asian-American legal community in Dallas, as DAABA has grown from 100 members in 2005 to 350 in 2015. In 2016, Ms. Sanford will focus on reaching out to law students and first-year attorneys, as well as boosting DAABA’s mentoring programs and partnering with the other sister HN bar organizations. Brandon Maxey is an associate at Hawkins Parnell Thackston & Young LLP. He can be reached at bmaxey@hptylaw.com.
Park Place Dallas Ticket to Drive Raffle ...Winner receives 2016 Mercedes-Benz GLA-Class
Runner-Up Receives:
New Orleans Jazz & Dining Package (Three-night stay at Hyatt French Quarter with airfare for 2) Raffle tickets are $100 each — or 6 tickets for $500. Proceeds benefit the Dallas Volunteer Attorney Program, Purchase raffle tickets online at https://www2.dallasbar.org/dbaweb/dvap/raffle.aspx or at the DBA offices at the Belo Mansion (2101 Ross Avenue, Dallas, TX 75201). Drawing will be held at the DBA Inaugural Ball on January 16, 2016. The winner need not be present to win. The winner is responsible for all taxes, title and licensing. Prize is non-transferable. No cash option is available.
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D al l as Bar A ssoci ati on l Headnotes 7
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8 He a d n o t e s l D a l l a s B a r A s s o ciation
January 2016
DBA Athletic Director
Do More Now by Kenneth G. Raggio
I am honored and humbled by Jerry Alexander selecting me to be the “Athletic Director” of the Dallas bar during his year as president. What is the DBA’s “Athletic Director,” you ask? The genesis of this is the concept that many of us know well how to do what we perceive to be our day job as lawyers but then neglect what should be our other even more important day job, which is taking care of ourselves. And a little information (prodding?) can help a lot. While I have been physically active for most of my years, there is ample evidence that many members of the bar could do a much better job of keeping themselves fit—or could be much closer to being fit. And an overwhelming body of evidence tells us that if we do not take care of ourselves now, we really pay for it later. The book Younger Next Year, which I bought as a hardcover first edition in January 2005, really put all of the concepts together and has been a very important blueprint that I—and many others that I have alerted to the book—need to live a better life. The book is written by Chris Crowley, a retired New York trial lawyer, and Dr. Henry S. Lodge, a leading internist. The authors came out with a later version Younger Next Year for Women to cover women specific issues, such as menopause and osteoporosis. These books are “must reads” for attorneys, especially considering a new copy will set you back only $7.50 on Amazon. The premise of the book is that unless we change our sedentary ways, our lives—between age 45 and death around 75—are a slow, significant continuing decline, with the last years being, shall we say, not nearly as fun as the earlier years. (See graph #1.) However, by following the rules of the book, we can have much higher quality, and longer, lives before there is a rapid
decline—falling off the cliff, as it were. (See graph #2). The book offers insights and explanations into the reality that we are no different biologically than other species in the animal kingdom; but we have allowed meetings, desks, stress, and obligations to contribute to the slow, continuous erosion of our health. Part of this is called chronic inflammation, and the authors to give seven rules that us rule-following lawyers can understand and easily follow, which I have summarized as: exercise six days a week for the rest of your life, do serious aerobic exercise four days a week for the rest of your life, do serious strength training with weights two days a week for the rest your life, spend less than you make, quit eating garbage, care, connect, and commit. While the revelations in the book may be a shock to some, it really just “put it together” for me. For instance, even though I do not like weight training, the book explains how it makes the goo around the joints work better. It is simply explained by Crowley’s observation: aerobic exercise ensures that you will have a long life; weight training ensures that it is a life worth living. Whether we grayhairs continue to work as lawyers after we have a Medicare card or whether we choose another path is beyond the scope of this column, but all of us share the common thread— we need to do more NOW to keep our later years from being a continual merry-go-round of doctor visits and hospital visits. For we are all aware of the looming diabetes and obesity epidemics threatening our economic productivity and health care system solvency. We can do something about it. Personally. Ourselves. So this column will feature lawyers who are “walking the walk” and following the tenants of Younger Next Year. Future columns will describe examples that we can all use as inspiration to do
Graph 1
Graph 2
a better job. One column will feature a prominent trial lawyer who celebrated his multimillion dollar jury verdict with an extended grueling hiking journey. Another will feature a mayor and judge and others who are triathletes. A third will feature bicycling lawyers who regularly do road bike hill climbing (tough to find around Dallas) and the occasional exotic bicycle trips. But I really need your suggestions for people to feature. Please suggest some one, including yourself. Suggest lawyers who use Fitbits, have treadmill desks, climb stairs, swim, run, play volleyball, basketball, or other active
sports, are gym rats, and even the occasional specimen who does 14ers, bikes from Seattle to San Diego (or the MS150), Ironmans, or competes at state or national competitions. Being a guy, I know a lot of active guys in the senior partner category, but not as many women lawyers, and not as many younger lawyers. So please suggest candidates. Get the book. Read the book. Email suggested candidates to me at kenneth@ HN raggiolaw.com. Kenneth G. Raggio is a partner at Raggio & Raggio, P.L.L.C. and can be reached at kenneth@raggiolaw.com.
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J anu a ry 2 0 1 6
D al l as Bar A ssoci ati on l Headnotes 9
PRESIDENT’S COUNCIL ($30,000) Connatser Family Law Crain Lewis Brogdon, LLP CHAIRMAN’S COUNCIL ($25,000) Anonymous Honorable Deborah G. Hankinson Payne Mitchell Law Group DIAMOND ($15,000) Jerry C. Alexander AT&T Services, Inc. PLATINUM ($10,000) Akin Gump Strauss Hauer & Feld LLP Andrews Kurth LLP Baker Botts LLP GOLD ($5,000)
Dear Citizens of Dallas:
The Equal Access to Justice Campaign is an annual fundraising drive benefitting the Dallas Volunteer Attorney Program. The Dallas Volunteer Attorney Program, or DVAP, is a free, civil legal aid program of the Dallas Bar Association and Legal Aid of NorthWest Texas. Through DVAP, over 3,000 volunteers donate their time and legal skills to help low-income people in Dallas resolve their legal problems. Those who have bravely served our country, innocent children, the elderly, and the disabled are some of the many people DVAP helps every day. The support of our donors is more important now than ever. Over 600,000 people in Dallas County already qualify for DVAP’s help, while the number of peple living in poverty continues to grow. Please join us in thanking our generous donors for their support of access to justice for all.
Jerry C. Alexander 2016 DBA President
Brad Weber DBA Immediate Past President
William Mateja Campaign Co-Chair
Victor Vital Campaign Co-Chair
Visit a Clinic & Apply for Legal Help •
East Dallas Legal Clinic Grace United Methodist Church, 4105 Junius St. at Haskell 1st and 3rd Thursdays of each month - 5:00 p.m.
•
South Dallas Legal Clinic MLK Jr. Center, 2922 Martin Luther King Blvd., Room 122 1st, 2nd and 4th Tuesdays of each month - 5:00 p.m.
•
West Dallas Legal Clinic West Dallas Multi-Purpose Center, 2828 Fish Trap Rd. 2nd and 4th Thursdays of each month - 5:00 p.m.
•
Garland Legal Clinic Salvation Army, 457 W. Avenue D. (Garland) 3rd Thursday of each month - 5:00 p.m.
•
Friendship West Baptist Church Legal Clinic 2020 West Wheatland Rd. 3rd Wednesday of each month - 5:30 p.m.
•
Triangle Neighborhood Clinic St. Phillip’s Community Center, 1600 Pennsylvania Ave. 3rd Tuesday of each month - 5:00 p.m.
•
Veterans Legal Clinic (for Veterans and their families) Veteran’s Resource Center, 4900 S. Lancaster Rd. 1st Friday of each month - 1:30 p.m.
Anderson Tobin PLLC Barnes & Thornburg LLP Business Litigation Section Carrington, Coleman, Sloman & Blumenthal, L.L.P. Dallas Association of Young Bankruptcy Lawyers Dallas Association of Young Lawyers Energy Future Holdings Legal Department Laura Benitez Geisler Godwin PC Greenberg Traurig, LLP Hartline Dacus Barger Dreyer LLP Al G. Hill, Jr. Husch Blackwell Brian Loncar The Mike & Barbara Lynn Philanthropic Fund McKool Smith Probate, Trusts & Estates Section Real Property Section Lewis Sifford Jaime & Margaret Spellings Squire Patton Boggs Texas Lawyer Jeff Tillotson Robert L. Tobey Victor & DeNette Vital Joel & Terilyn Winful
SILVER ($2,500)
Roger Bivans & Sarah Donch Nina Cortell Criminal Law Section Haseena J. Enu Kara E. Gehan Hon. Mark Greenberg Mark Johansen Mergers & Acquisitions Section Dan Micciche Robert T. Mowrey Securities Section Daniel Sheehan Nancy and John Solana Advised Fund of The Dallas Foundation Frank E. Stevenson II Tax Section Trial Skills Section Patricia J. Villareal Peter S. Vogel & Marguerite H. Burtis Amy K. Witherite
BRONZE ($1,500)
Kim J. Askew Anonymous Bankruptcy & Commercial Law Section Van H. & Tracey W. Beckwith Ted Brizzolara
PLATINUM ($10,000) Dykema Cox Smith Exxon Mobil Corporation Fish & Richardson W. Gary Fowler Gardere Wynne Sewell LLP The Hartnett Law Firm Haynes and Boone, LLP Jackson Walker LLP Jones Day KASTL LAW, PC KoonsFuller Locke Lord Mike McKool, Jr. Texas LawBook Thompson & Knight Foundation Vinson & Elkins LLP
BRONZE (CONT)
William D. Cobb, Jr. Robert Cohan James E. Coleman, Jr. Diane P. Couchman Jim E. Cowles Crockett, McBride & Associates at Merrill Lynch Wealth Management Tim Durst John Eichman Cheryl A. Engelmann Honorable Royal Furgeson & Marcellene Malouf Beverly K. Goulet J. Mark Hollingsworth J.L. Turner Legal Association Foundation Ralph S. Janvey Michael A. Krywucki Lewis LeClair Jeffrey S. Levinger William B. Mateja Reverend Andy McCarthy & Samara Klilne Joey Messina E. Lee Morris Jeff & Annette Patterson Beth Petronio Brent & Betty Rosenthal Chris & Therese Rourk Solo & Small Firm Section Ross W. Stoddard III Tort & Insurance Practice Section
SPONSORS ($1,000)
Charla Aldous Wes & Amy Alost Appellate Law Section Mike Baggett Jack Balagia BVA Group Barry Barnett Darren Barnett Lisa A. Blue Baron Mark W. Bayer James Bell Bloom Strategic Consulting Talmage Boston Monica Lira Bravo Honorable Mary Brown Shonn & Clarence Brown Joseph F. Bruegger Richard Capshaw Jonathan Childers Deb & Scott Coldwell Construction Law Section Victor Corpuz Trey Cox Sally L. Crawford Dallas Asian American Bar Association Dallas Hispanic Bar Association Family Law Section
SPONSORS (CONT)
Honorable King Fifer Kevin & Sharla Fuller Paul R. Genender Jim Girards Don Glendenning Beverly Godbey Health Law Section Denis & Elise Healy Michael K. Hurst Kathleen E. Irvin Michael L. Jones Darrell Jordan Honorable Jim Jordan Honorable Robert W. Jordan Michael Kaufman Kathleen Kearney Dan & Bonnie Keene Larry & Joan Kelly Jill A. Kotvis Tom Leatherbury George & Robyn Lee Neel & Lynn Lemon Robert E. Luxen Ted B. Lyon Jacob B. Marshall John H. Martin Mr. & Mrs. David R. McAtee, II Karen McCloud Kelly McClure P. Mike McCullough, Jr. John McDowell Harriet Miers Millennium Settlements Retta A. Miller Honorable Ken Molberg James N. Mueller Jon Mureen Honorable Mary Murphy Maureen Murry Terry & Joan Oxford Emily A. Parker Joseph Pevsner Will & Ellen Pryor Susan Rainey Florentino A. Ramirez Robert Ruckman John Salazar Mary L. Scott Pam St. John Paul K. Stafford Richard G. Stewart, Jr. & Sandra J. Stewart Robert J. Stokes Dena Stroh Super Lawyers Karin Torgerson Windle Turley Karen Blakely Turner Phillip C. Umphres Honorable Mark Whittington
To donate to the campaign, visit www.dvapcampaign.org. To learn more about DVAP, visit www.dallasvolunteerattorneyprogram.org. For more information, contact Alicia Hernandez at ahernandez@dallasbar.org or (214) 220-7499.
Donors as of December 9, 2015
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
January 2016
Column State Bar of Texas President
A New Year and Restored Hope by Allan K. DuBois
When I began my tenure as State Bar president, the Dallas Bar Association welcomed me with open arms. I would like to do the same and welcome Jerry C. Alexander, of Passman & Jones, as 2016 president of the Dallas Bar. I hope that your tenure is filled with wonderful memories and stories of bringing Dallas residents and attorneys together to make a difference in our communities. The legal profession plays a crucial role in society by providing and promoting access to justice in civil legal matters for low-income Texans. Through organizations such as the Dallas Bar and programs like the Campaign for Equal Access to Justice, lawyers are able to give back. The campaign generated more than $1 million last year for the Dallas Volunteer Attorney Program’s legal aid efforts. I am excited to see what the 2016 campaign will bring, and I commend the Dallas Bar on this important initiative. In my last column on these pages, I
Alexander continued from page 1 of the firm’s first briefing clerks, working between 20 and 40 hours a week during his third year of law school. “And I just never left,” said Mr. Alexander. “It is a great place to work, day in and day out. Great people, great business; it’s fun.”
said that my top priority during my term is to expand the professional services of the Texas Lawyers’ Assistance Program (TLAP) to benefit both members and their families. I am pleased to say that this initiative is coming to fruition. I have made an effort to share my own story of recovery and have credited TLAP for helping me recover from alcohol dependence more than two decades ago. In the new video Courage, Hope, Help—TLAP is There, other Texas attorneys share their personal journeys from despair to Allan K. DuBois productive and fulfilling lives as they sought help for substance abuse. In addition to these personal stories of recovery, the nearly 20-minute video includes interviews with Texas Supreme
Court Chief Justice Nathan L. Hecht, Texas Center for Legal Ethics Executive Director Jonathan Smaby, former Texas Bar College Chair Veronica Jacobs, and others on the important work performed by TLAP and the Patrick Sheeran and Michael J. Crowley Memorial Trust, which provides financial assistance to Texas attorneys who need, but cannot afford, treatment for substance abuse, depression, and other mental health issues. Through these efforts, we hope to remind Texas attorneys who are struggling with substance abuse and mental health issues that recovery is possible. Approximately $356,000 has been raised through generous donations from the State Bar of Texas; Texas Center for Legal Ethics; Texas Bar College; James C. Watson Inn of Former Officers and
Directors; State Bar of Texas Annual Meeting Fund; State Bar of Texas Book Fund; Texas Lawyers Concerned for Lawyers; Family Law Section of the State Bar of Texas; State Bar of Texas Labor and Employment Law Section; State Bar of Texas staff; and numerous other organizations and individuals across the state. As we begin a new year, let us restore hope to our colleagues who need a new beginning. We need your support to continue the momentum and to ensure that the trust can help as many attorneys as possible. The law is a stressful occupation. As many as two in 10 of our peers face substance abuse or mental health issues. Help us spread the word about Courage, Hope, Help—TLAP is There, or make a financial contribution of any amount online at texasbar.com/sheeran-crowley-trust/ HN donate.
From Sam Passman, Mr. Alexander said he learned about life, the business of law, politics, and how to stay in a good mood as a lawyer. The most important lesson he learned is to look at everything from the client’s perspective and keep in mind how the client felt: if you were the client, you would not want to wait a day or a week to have your call returned, so return your calls, he said. From Shannon Jones, Mr. Alexander learned to do what it takes to get the
job done, even if it takes longer than you can bill for. And he learned never to go to court or a meeting without being fully prepared. He calls Mr. Jones one of the last great general practitioners, who could appear in a state civil district court, state family court, federal district court, and bankruptcy court all in the same day. Mr. Alexander quickly became an integral part of the firm, rising to become a part of its management committee after just five years. He has been the firm president since 1998. “You have to have realistic expectations and understand that practicing law is hard work,” he said. “Once you understand that, a lot of things seem to resolve themselves.” Mr. Alexander is passionate about the benefits to lawyers of being involved with the DBA. He believes that being involved in bar work presents a tremendous opportunity for lawyers of any age to network and get to know their peers. Seeing lawyers in a totally different light than at the courthouse allows you to appreciate them as people, and can pay off down the line, because law is a people business, he said. “You should make time for the bar,” he said. “You get to meet and be around other lawyers whom you do not know, when they are not on the other side of a closing table or a lawsuit. And what you find is, lawyers are really great people, likeable people, and it is good for you to
be reminded of that.” That is true no matter if you are a rookie lawyer fresh out of law school, a seasoned vet who wants to get more involved after decades of practice, or a retiree who no longer practices law but has many valuable experiences to share, he added. Mr. Alexander was active in the DBA as a young partner, took a hiatus when he had young children at home, and returned with a bang in the late 2000s as a key member of the DBA’s leadership. The most pressing item on his agenda as President will be trying to fill the shoes of retiring DBA Executive Director Cathy Maher, he said. “You cannot replace somebody like her,” said Mr. Alexander. “She has been literally the best executive director of any bar association on Earth. But we can do our best to find someone that has skills and can do the best job that can be done.” Mr. Alexander is married to Sherri Alexander of Polsinelli PC, a well-known and respected attorney in the health care field. They have two children, Matt and Mackenzie. Mr. Alexander will be inaugurated as the DBA’s 107th President on Saturday, January 16, 2016. Tickets are available at HN www.dallabar.org.
2016 INAUGURAL OF Jerry C. alexander A T T HE W ESTIN G ALLERIA D ALLAS
Brooks Durham is an attorney at Mincey-Carter, PC. He can be reached at bdurham@minceycarter.com.
Jess Davis is a legal news reporter at Law360 and a member of the DBA Publications Committee. She can be reached at jessdavis2@ gmail.com.
Saturday, January 16, 2016 The Dallas Bar Association will inaugurate its 107th President, Jerry C. Alexander at the inaugural ball on Saturday, January 16. The black-tie ball will include dinner, dancing to music by the band New Ground and silent and live auctions.
Cocktails 6:30 p.m. | Dinner 7:30 p.m. Tickets $150; Tables $1,500 | Judiciary $100 reserve your ticket online now! Visit www.dallasbar.org for more information!
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Janua ry 2 0 1 6
Focus
Dal l as Bar A ssoci ati on l Headnotes 11
Sports & Entertainment Law
Minimum-Wage & Overtime Lawsuits Filed by Professional Cheerleaders by Philip G. McNicholas and Anthony J. Barbieri
Lauren Herington, a former member of the dance team for the NBA’s Milwaukee Bucks (a.k.a. the Bucks Dancers), recently filed a lawsuit against the Bucks alleging violations of the federal Fair Labor Standards Act (FLSA) and analogous Wisconsin state laws. Ms. Herington claims that Bucks Dancers are non-exempt employees of the Milwaukee Bucks who do not receive minimum wage or overtime pay for the hours they work. Bucks Dancers are paid $65 per game, $30 per practice and $50 for each special appearance, which, according to Ms. Herington, does not meet minimum wage requirements. While several similar suits have been filed by NFL cheerleaders in the past few years, Ms. Herington is the first professional NBA dancer to file such a suit. One can safely assume that the trend will continue and the number of cheerleader lawsuits will continue to grow in the near future. The FLSA requires non-exempt employers to pay at least minimum wage and overtime pay to non-exempt employees. The first step in an FLSA analysis is to determine whether an employeremployee relationship exists. Under common law, this determination was made using a “control” test of how much control an employer exercised over its worker. However, the “control” analysis has been replaced with an “economic realities” test. Under the economic realities test, courts consider six factors to determine whether a worker is an employee, including level of control. The U.S. Department of Labor clarified this past summer that under the economic realities test, the
majority of workers are employees. Once a worker is deemed an employee, the next step in an FLSA analysis is to assess whether the employee is exempt from coverage. The FLSA recites specific, enumerated exempt employees (ex. computer professionals, outside salesmen, drivers, mechanics, etc.) while also providing various tests for other employees not qualifying for specific exemptions (ex. “executive” exemption, “administrative” exemption, “professional” exemption). Finally, certain employers themselves are exempt from FLSA coverage based on their type of business, including “seasonal and recreational establishments.” A business with amusement or recreational purposes may be exempt from the FLSA if it does not operate for more than seven months per year or its monthly average receipts during its “off-season” are less than 33 1/3 percent of its average monthly receipts during its peak season. The first FLSA lawsuit filed by NFL cheerleaders was brought by the Raiderettes, the Oakland Raiders’ cheerleading squad, in early 2014. The Raiders responded by asserting first that, pursuant to their contracts with the organization, the cheerleaders were required to arbitrate all work-related disputes in front of NFL Commissioner Roger Goodell. In the alternative, the organization argued that NFL franchises are seasonal and recreational establishments exempt from the FLSA. In response to the suit, the U.S. Department of Labor released a statement that, in fact, the Raiderettes could be exempt from FLSA coverage because of the seasonal nature of the Raiders. The parties ultimately settled for a reported $1.25 million. Following the suit, the California legislature passed a new law which specifically
classifies professional cheerleaders and dancers as non-exempt employees under state minimum-wage and labor laws. Following the Raiderettes’ lawsuit, cheerleaders for the Tampa Bay Buccaneers, the Buffalo Bills (a.k.a the Jills), the Cincinnati Bengals (a.k.a. the Ben-Gals), and the New York Jets (a.k.a. the Flight Crew) all filed similar suits. The Buccaneers cheerleaders’ suit settled for a reported $825,000. The Ben-Gals reached a tentative settlement with the team for a reported $255,000 this October. The lawsuits filed by the Flight Crew and the Jills remain unresolved as of publication. In response to the Jills’ lawsuit, the Bills ceased all activities for their cheerleaders pending the outcome of litigation. In the meantime, the New York legislature is working to pass a Cheerleaders’ Fair Pay
The Honorable Harlin D. Hale is the 2015 Judge Merrill Hartman Support Award winner, presented by the DBA Home Project Committee to recognize Judge Hale for his support and to thank him for his significant contributions to the DBA Home Project. Left to right: Andrew Edson, David Fisk, Judge Hale and Beverly Stibbens.
Aubrey M. Connatser, PLLC
“...SHE LEAVES NOTHING TO CHANCE...” She combines her natural talent with a work ethic that serves her clients well in the courtroom and at the settlement table. “She’s one of the hardest working and most resourceful attorneys I know,” says Aubrey Connatser. “She leaves nothing to chance, outpreparing everyone she goes up against. Alissa perseveres until the case is airtight.” To retain Alissa Castro for a family law matter, call 214 306-8441 or email Alissa@connatserfamilylaw.com.
AUBREY M. CONNATSER, PLLC 300 Crescent Court, Suite 270, Dallas, TX 75201 214 306-8441 | connatserfamilylaw.com info@connatserfamilylaw.com
Philip G. McNicholas is an Associate of Kessler Collins PC and can be reached at pgm@kesslercollins.com. Anthony J. Barbieri is a Shareholder of Kessler Collins PC and can be reached at ajb@ kesslercollins.com.
2015 Merrill Hartman Support Award
ALISSA CASTRO
ALISSA CASTRO SIMPLY OUTWORKS HER OPPOSING ATTORNEYS.
Act similar to the new California law discussed above. Since none of the cheerleader lawsuits has yet made it to trial, it is difficult to predict what the results would be. But the trends show that legislators (at least at the state level) are attempting to provide increased protections and rights to professional cheerleaders under state minimumwage and labor laws. In response, professional sports organizations may have to either modify their pay structures or, unfortunately, cut their cheerleading and HN dance programs altogether.
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
January 2016
Dallas’ First Black Lawyers by John G. Browning
With the arrival of Reconstruction and the opportunities that had been long denied to African-Americans came entry into professions previously closed to blacks. The legal profession was one of these, although in Texas the few African-American lawyers (there were only 12 statewide as of 1890) tended to gravitate toward rural areas in black-majority counties like Washington and Fort Bend Counties. African-American practitioners were rare in the cities, and in fact it took a while for a black lawyer to find any traction in Dallas. The first African-American attorney in Dallas stayed only seven months, but made an impression nonetheless. Sam H. Scott arrived in Dallas in March 1881 and established an office and res-
idence close to the courthouse at 301 Main Street. Scott came from Memphis (where African-Americans had joined the bar as early as 1868), and the 1880 U.S. Census described him as a 40-year-old, divorced attorney who had been born in Massachusetts and who was biracial. He was obviously born a free man (unlike some early black lawyers who were former slaves), and other than a brief mention of his having lived in Oberlin, Ohio (where he was likely educated at Oberlin College), little else is known about his legal education or background. Scott’s arrival was noted in a Dallas newspaper’s self-laudatory editorial on March 1881, commending the city’s tolerance for African-Americans for whom “commercial avenues are open to them just as freely as to anyone else and they are in no wise interfered
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with.” It went on to observe that “only the other day a colored lawyer came to Dallas from Tennessee and has opened a law office and will commence at once the practice of law . . . . He brings with him, too, the highest testimonials from bench and bar of his former home, showing that in that state too both the courts and the professions are as free to those of his color as they are to any applicant.” Clues to the mixed reception Scott received in Dallas and the impression he made during his brief stay can be found in an article published in the October 6, 1881 edition of the Dallas Weekly Herald, bearing the headline “Our Colored Lawyer:” “He came to this city highly endorsed by the bar of Memphis, and leaves here recommended by a number of the most prominent members of this bar, the judges of the courts, and some of our best citizens. He was the first and only colored lawyer who ever practiced his profession in this city, and at first there was perhaps a slight prejudice against him on account of his race, yet it must be said that he conducted himself with [such] propriety and discretion that he soon won the good will of all with whom he came in contact, and he leaves carrying with him the good wishes of those who knew him, both white and black.” Yet the “good will of all” was apparently not financially rewarding enough to overlook or overcome the “slight preju-
dice” against Sam H. Scott. He may very well have encountered the obstacle that many early black lawyers faced: the local African-American community lacked the means and/or the numbers to support his law practice, and most prospective clients in the white community would not hire a black lawyer. Some African-American attorneys during this time period even encountered a kind of reverse racism, in which more prosperous members of the African-American business community insisted on having a white lawyer who would presumably have an easier time dealing with white opposing counsel, judges, and juries. In any event, Scott left Dallas in October 1881 and moved to Pine Bluff, Arkansas. It is likely that with an African-American population that outnumbered whites two to one, business opportunities for a pioneering black lawyer were better there. In fact, Sam H. Scott apparently thrived there, getting elected to the Arkansas General Assembly in 1885 and eventually relocating his law practice to Fort Smith, Arkansas by 1889. The void left by Scott’s departure would soon be filled. In our next two installments, we will meet the pioneering black lawyers who would go on to leave an undeniable legacy for Dallas and its legal community. This is the first in a 3-part series. HN John G. Browning is a shareholder at Passman & Jones. He can be reached at browningj@passmanjones.com.
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Laura Benitez Geisler, Chair of the Board, (right), presented 2015 DBA President Brad Weber with an oil painting of The Belo Mansion by Texas artist Jerral Derryberry. Mr. Derryberry’s work is currently represented and sold in fine art galleries and national exhibitions. More of his work can be seen at www.jerralderryberry.com.
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Hon. Bernice Donald, United States Court of Appeals, Sixth Circuit Professor Sarah Redfield, Professor Emeritus, University of New Hampshire Rhonda Hunter, ABA Diversity Center & DBA Past President Wei Wei Jeang, Partner, Grable Martin Fulton PLLC
MCLE 3.75, Ethics 1.00 | RSVP to ahernandez@dallasbar.org Sponsored by DBA, Dallas Minority Attorney Program, DBA Minority Participation Committee
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D al l as Bar A ssoci ati on l Headnotes 13
14 H e a d n o t e s l D a l l a s B a r A s s o ciation
Focus
January 2016
Sports & Entertainment Law
Common Tax Issues in Representing Entertainers & Artists by Evan M. Fogelman
Though I am not a tax specialist, I have found that a general awareness of common tax issues that affect entertainers and artists is quite useful when counseling clients in the field. At the very least, it can help identify the need for specialized referral. When negotiating entertainment contracts, the tax treatment of the following matters can often arise: 1. Advances. Compensation for entertainers and artists often includes an advance against royalties and/or future sales/licensing. On a cash basis, such payments are taxable income for the year in which they were received. An accrual basis may allow for some deferral. 2. Royalties. Royalties are generally not considered passive and are
Column
treated by the IRS as portfolio income— just like dividends, so to speak. Royalties are created by active participation in the industry and not as a passive loss. 3. Perks. Entertainment deals are full of “wardrobe keeps,” swag bags, and all manner of in-kind benefits. Such items run the gamut from cars to concert passes to iPhones. While these may not be usual Form 1040 listings, the IRS takes the position that they are to be included in taxable income at fair market value. While I took no joy in telling a fashion model recently that the thousands of dollars in designer accessories she got to keep were to be included in her tax return, I would have done her no service by not mentioning it. 4. Personal v. Business Expenses. Entertainers and artists often try to deduct expenses necessary to “stay in
the game,” like clothes, nutritionist, personal training fees, and even “entourage” costs. These are suspect and are often disallowed. It is probably better, or at least less troublesome, to have these things included as part of the compensation package. 5. Independent Contractor v. Employee. This is a hotly-debated question in entertainment just as in all areas of work. As you probably already know, the deal memo or contract is indicative, as are generally accepted type of work standards, but does not always control. In a Guild (Union) Film production, the labor issue may seem clear, but a TV show produced in a right-to-work state can muddy the waters a bit to be sure. Between jobs, entertainers often seek unemployment insurance that triggers taxation. Suffice it to say that you should discuss
and document what kind of deal you are getting into upfront. 6. Entity Use. Both talent and production often use “Loan out” or Personal Service Corporations for liability protection and to be taxed at a single (non-progressive) rate. Whether a client should do so is generally contingent on the overall tax picture and all other issues regarding entity choice and use of the corporate form to induce individual talent in an entertainment or artistic deal. There are many other tax-related issues in the entertainment industries that could and should be discussed, but addressing these few issues will facilitate asking the right questions and bringing in the right expertise if needed. HN
ness involving a conscious disregard for the responsibilities owed to a client or clients.” Tex. Disciplinary Rules Professional Conduct R. 1.01(c). Thus, failing to communicate can violate more than one rule.
problems. Unable to call? Write a letter or send an email. Build a line of communication. Start today! Send a voice message, letter, email, or text: “Can you come by the office? I would like to visit for a few minutes about your case.” Many clients do not understand the complex federal and state legal systems or know what is needed in a given case. Our duty to communicate and to educate helps them make informed decisions. By communicating and educating, we help them make informed decisions. If we cannot return telephone calls on a routine basis, or communicate in another way, then we probably do not have time to accept additional work. Consider whether taking on a new client is a good idea. Are you a good match for this client? Many lawyers are known as great communicators. We spend a lifetime practicing to improve our skills. Communicating with clients is an important area where we can play to our strengths, making creative use of our abilities to help others. Tomorrow may never come but today is the day we can put to good use. Make this the day that HN counts.
Evan M. Fogelman is Senior Counsel at Underwood Perkins, P.C. He can be reached at efogelman@uplawtx.com.
Ethics
Communications Glitch? by Katherine C. Hall
“Mrs. Smith called this morning,” said the secretary. “She asked you to call back.” “Tell her I’m busy and will call as soon as I can.” “Mrs. Smith is on the line.” “Transfer her to the paralegal; Joe can bring her up to date.” “I’ll call tomorrow,” he thought to himself. But that day never came. Neglecting to inform clients about their legal matters and failing to return telephone calls propel many complaints against lawyers. More than 7,500 grievances were filed against Texas lawyers last year. Most were dismissed as inquiries, with 1,495 classified as complaints. Practitioners in criminal, family, civil, and personal injury law were at highest risk, garnering over 54 percent of all grievances, and leaving plenty of complaints for lawyers in other fields. A surprisingly wide range of people can file a grievance, including present or past clients, spouses, employees, opposing counsel, judges, and witnesses. Last year, “non-client relationship” initiators filed over 30 percent of all grievances. Communication problems gave rise
to the largest category of grievances. People may become frustrated or even angry about conduct that does not violate the Texas Disciplinary Rules of Professional Conduct. But no one wants a lawyer-client relationship to reach such a pass. When clients are contacting the Bar instead of their lawyer, it is not a good day for the client or the lawyer. If your lines of communication are frayed, take time to repair this vital link.
Communicating With Clients
Rule 1.03 of Texas Disciplinary Rules of Professional Conduct states: (a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information. (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. Our conduct in this regard is measured against “the conduct of a reasonably prudent and competent lawyer.” Tex. Disciplinary Rules Professional Conduct terminology. “Neglect” of a legal matter entrusted to a lawyer is defined as “inattentive-
What Do Clients Want?
Clients want timely information and appropriate legal services. They want to participate in decisions affecting their lives. They want to talk with and hear from their lawyers. Frustrated and infuriated clients have complained when: • Paralegals or staff were their sole source of communication, • The lawyer provided no clear, itemized billing statements, or • The lawyer settled a case without client consultation or consent. They have also complained when lawyers failed to: • Provide copies of documents on an on-going basis, • Return their phone calls, • Provide timely notice of hearings and case deadlines, or • Explain legal issues and strategies affecting their cases.
Solutions
A phone call can resolve many
Katherine C. Hall is a Dallas-based lawyer. She can be reached at khall.atty@sbcglobal.net.
J anua ry 2 0 1 6
Da l l as Bar A ssoci ati on l Headnotes 15
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16 H e a d n o t e s l D a l l a s B a r A s s o ciation
Focus
January 2016
Sports & Entertainment Law
Negotiating and Enforcing Morality Clauses in Texas by Ryan K. McComber
The use of “morality” clauses has long been a standard practice in the entertainment and sports industry, and it has become increasingly common in contracts involving high profile executives. Such clauses are thought to promote “good” behavior by allowing a company or sports team to terminate an employment or endorsement contract or to withhold compensation for certain “bad” behavior or acts deemed to reflect unfavorably on the company, team, or product. Such clauses have never been more important than in today’s social media age, as companies and sports teams often are expected to take swift action in response to misconduct. Here are some basic tips for negotiating and enforcing such clauses in Texas.
Termination Clauses
Most standard entertainment and
sports contracts contain morality type clauses, which generally provide that the contract can be terminated for conduct detrimental to the company or team. For example, NFL player contracts typically provide that a club may terminate a player’s contract if “Player has engaged in personal conduct reasonably judged by Club to adversely affect or reflect on Club.” Other professional sports contracts contain similar clauses, many of which refer to codes of conduct or other rules adopted by the specific league. The Fifth Circuit has provided some guidance on the enforceability of such clauses when it upheld a news station’s termination of a reporter under a similar morality clause. Galaviz v. Post-Newsweek Stations, 380 Fed. App’x 457 (5th Cir. 2010). In Galaviz, the U.S. District Court for the Southern District of Texas granted summary judgment for the news station after its reporter was involved in an altercation with her fiancé at a downtown
Preventing Executions by Preventing Homicide: How Our Society and Legal System Can Stop Murderers Before They Kill
Speaker: David R. Dow Professor Dow is the Founder and Co-director of the Texas Innocence Network, and professor at the University of Houston Law Center and at Rice University Thursday, January 21, 6:00 p.m. at Belo | Ethics 1.00 Sponsored by the DBA Criminal Law Section and Rice University Lawyers Alumni Association
The latest edition of
What Judges Want: A Former Judge’s Guide to Success in Court is available. After leaving the civil district bench in Dallas, author James M. Stanton began memorializing strategies and tactics that are effective in the courtroom. These methods are based on his collective experience at over 100 jury and bench trials as well as thousands of hearings as a lawyer and judge. Now in private practice, he has effectively used these methods to persuade judges to find for his clients. His book is a musthave for any trial lawyer preparing pleadings and oral arguments before hearings. Each chapter includes examples of how to persuade judges and also check lists, tips and hints that can be immediately used by the reader. ABOUT THE AUTHOR: Stanton currently assists businesses at all stages of litigation in federal and state court. He is board certified in Civil Trial Law by the Texas Board of Legal Specialization. His scholarly writing in the Baylor Law Review and the Thurgood Marshall Law Review has been cited by Texas appellate courts, and he speaks frequently on trial advocacy and juror and judicial decision making.
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San Antonio bar that led to her arrest. The event drew media attention, which included a video of the news reporter in handcuffs. The Fifth Circuit held that the contract’s morality clause, which allowed termination for becoming “involved in any situation ... tending to degrade Employee in the community or which brings Employee into public disrepute, contempt, or scandal, . . . whether or not information in regard thereto becomes public” was not ambiguous and covered the conduct. Therefore, the appellate court upheld summary judgment in favor of the news station. Although general morality clauses have been held to be enforceable, the better practice is to also include a recitation of specific bad acts that will also result in termination of the contract so there can be no argument that the conduct is not encompassed by the more general clause.
Forfeiture Clauses
While standard clauses and case law can be a good guide when drafting and negotiating termination clauses, special care should be used when such clauses are used to forfeit compensation. Keep in mind that forfeiture clauses are not favored in the law, and Texas courts will not declare a forfeiture unless compelled to do so by language that can be construed in no other way. If the terms of a contract are fairly susceptible of an interpretation that will prevent forfeiture, they will be so construed. In fact, if a clause is ambiguous (susceptible to more than one meaning), that alone will prevent it from working a forfeiture in Texas.
If you intend for any compensation to be forfeited if a morality clause is violated, the contract should expressly so provide. For example, the Texas Supreme Court held that a profit sharing plan clause that expressly stated that an employee who was terminated for dishonesty or fraud would “forfeit” his entire account was enforceable under this standard. See Neuhoff Bros. Packers Mgt. Corp. v. Wilson, 453 S.W.2d 472, 473 (Tex. 1970). Since many contracts contain signing bonuses, deferred compensation, and other future compensation components, the contract should expressly state whether such compensation is forfeited in the event the morality clause is violated.
Strict Compliance Required
One final note of caution with respect to these clauses, especially where compensation is forfeited: Because forfeiture clauses are not favored, Texas courts require that a party wishing to enforce such clauses must strictly comply with their terms. Whether the contract requires notice be provided prior to the forfeiture, or that other steps be taken, a party wishing to enforce the clause must strictly follow the applicable terms. Therefore, when providing notice of termination, especially if it involves the forfeiture of compensation, special care should be taken to meet the timing, content, and other requirements of the spe HN cific clause.
Ryan K. McComber is a Partner at Figari + Davenport, LLP. He can be reached at ryan.mccomber@figdav.com.
BECOME INVOLVED IN HIGH SCHOOL MOCK TRIAL
Help with competitions Become an advocate for mock trial
Help recruit compeƟƟon volunteers and conduct trainings to educate schools, students and teacher coaches on mock trial.
Tournament tabulators
Work behind the scenes at the compeƟƟon to help tabulate scores for the high school mock trial compeƟƟon.
Mock Trial Compe��on Dates: January 23‐30, February 6 and March 3‐5, 2016 See website for details: www.texashighschoolmocktrial.com To volunteer, or for more informa�on: mgarcia@dallasbar.org | (214) 220‐7484.
DVAP’s Finest
Jeremy Aleman
Jeremy Aleman is an attorney with the Grau Law Group who focuses his practice on the defense of entities involved in construction and manufacturing-related industries. He has handled bankruptcy cases in the past for DVAP clients. More recently, in March of 2013, he attended a DVAP orientation after learning that DVAP needed attorneys to staff community clinics. Since he lives in Garland, the Garland Clinic is a convenient location for him. He has interviewed clients at all but one of the Garland Clinics held since May 2014. He has further assisted four of the Garland Clinic applicants after the clinic. Jeremy’s commitment to volunteering at the Garland Clinic is truly exceptional. Thank you for all you do, Jeremy!
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
J anu a ry 2 0 1 6
Focus
Dal l as Bar A ssoci ati on l Headnotes 17
Sports & Entertainment Law
U.S. Copyright Basics: Celebrating Creators by Sally Helppie
What a boring world we would live in if it were populated only with engineers, accountants and lawyers. Our founding fathers recognized the importance of the arts and they understood that incentives like control and profit are necessary to encourage would be creators. Accordingly, they enshrined the right of copyright into our Constitution. Article I, Section 8 of the U.S. Constitution provides in part: “The Congress shall have Power… to promote the Progress of… Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” For “Authors,” Congress exercises this Constitutional power in the Copyright Act, 17 U.S.C. §101 et seq. The Copyright Act governs what is protected by copyright, limitations on rights, and the duration of protection. Chapters II and III of Title 37 of the Code of Federal Regulations set out the rules and procedures for the U.S. Copyright Office, such as those regarding notices, registration, and compulsory licenses for music. Importantly, a copyright need not be registered at the Copyright Office to be valid. A common law copyright immediately attaches to any work (1) of independent authorship, (2) with a modicum of creativity, (3) that is reduced to tangible form. Examples include books, musical compositions, art, and movies. Once a creator produces an original creative work in a way that it can be “perceived” by another, it is automati-
cally protected under the common law. Notably, there is no requirement that the creative work be “good.” Now, facts and ideas are not protected by copyright. But the way that facts are chosen and arranged could be, provided there is some creativity. For example, the original portions of a book about a historical figure can be protected by copyright even though the facts themselves are not. On the other hand, alphabetical phone directories are not protected by copyright as there is nothing creative about arranging names in alphabetical order. Copyright interests are property rights that can be bought, sold, transferred and licensed. The original creator of the work is the legal “Author” and owner unless there is a signed workfor-hire agreement or the work is produced as part of the creator’s regular employment. Be aware that work-forhire agreements and copyright assignments must be in writing to be valid. The copyright owner (whether she is the original Author or acquired the rights by written instrument) has the exclusive right to: (1) reproduce the work; (2) prepare derivative works; (3) distribute copies to the public by sale, rental, lease, or lending; (4) perform the work publicly; (5) display the work publicly; and (6) in the case of sound recordings, perform the work publicly by means of digital audio transmission. These exclusive rights, however, do not last forever. After a period of time, the rights revert to the public domain and are available for anyone to use. In addition, the Copyright Act sets out exceptions to these rights, including the concept of Fair Use.
Fair Use is a principle providing that certain uses of original works do not constitute infringement. Contrary to urban legend, however, there is no “magic number” that makes the copying of part of a copyrighted work “fair.” Congress has recognized that some reproduction is appropriate, including for criticism, comment, news reporting, teaching, scholarship and research. How else, for example, could a television film critic show viewers the parts of a movie he hated? How could teachers compare works of art? Determining fair use requires a careful analysis of four factors, none of which is controlling by itself: (1) the purpose and character of the new use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the original work that is being copied; (3)
the amount and substantiality of the original copyrighted work that is used in the new work; and (4) the effect of the new use upon the potential market for or value of the original copyrighted work. Courts balance these factors on a case-by-case basis. Owners should register their copyrights with the U.S. Copyright Office. Not only does it put the public on notice that a copyright is claimed, it is a necessary prerequisite to filing a lawsuit for infringement. Moreover, if registration occurs prior to the act of infringement or within three months of publication, a copyright owner is entitled to HN certain statutory damages. Sally Helppie is a lawyer at Vincent Lopez Serafino Jenevein, a film producer at Advocate Pictures, and an adjunct professor in SMU’s Meadows School of the Arts.
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18 H e a d n o t e s l D a l l a s B a r A s s o ciation
Focus
January 2016
Sports & Entertainment Law
Taking Down Dancing Babies by Vincent Allen
The Internet has made it easier than ever to publish content that infringes the copyrights of artists and musicians. As a result, piracy became a significant problem for copyright owners in the digital world, leading Congress to pass the Digital Millennium Copyright Act (DMCA) in 1998. Copyright infringement is still a significant problem in the digital world as countless instances of songs that have been used without permission can be found on any given day. To assist with quick resolution of these infringements, the DMCA provides a notice and takedown provision that has proven very effective in allowing copyright owners to have infringing uses of a work quickly removed. The copyright owner simply sends a notice to the service provider representing that the content is infringing, and if the service providers acts expeditiously to remove or disable the content, then the service provider can avoid any liability for copyright infringement. Because the notice procedure is simple and effective, the notice and takedown
provision has seen significant abuse not only by entities that do not have valid copyrights in the first place, but also by copyright owners who do not take adequate measures to ensure that content is in fact infringing prior to sending a takedown notice. The DMCA has a “put-back” procedure as well allowing the user to send a counter-notification to the service provider indicating that the content was removed or disabled as a result of mistake or misidentification. Section 512(c) of the DMCA requires that a takedown notice include a statement by the copyright holder that the content at issue “is not authorized by the copyright owner, its agent, or the law.” If the copyright holder “knowingly materially misrepresents . . . that material or activity is infringing,” the copyright holder is liable for any damages to the user who posted the content. Under copyright law, a copyrighted work can in some cases be used without the permission of the owner. In particular, if the work is used for such purposes as “criticism, comment, news reporting, teaching . . ., scholarship, or research,”
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then the use is not an infringement of copyright. In Lenz v. Universal Music, the Ninth Circuit recently held in a case of first impression that the copyright owner has an obligation to consider whether fair use applies to particular content prior to sending a takedown notice. Failure to do so can result in liability for materially misrepresenting that the content at issue is not authorized by law. The video posted to YouTube in the Lenz case is a shaky 2007 video posted of Holden Lenz, then a baby, bobbing up and down in the kitchen to the sound of Prince’s “Let’s Go Crazy” playing in the background. Holden has become an unlikely celebrity after Universal sent a takedown notice to YouTube earning him the moniker “Dancing Baby” in copyright circles. Although few people rarely file a counter-notification, Holden’s mom did, asserting that the video was a fair use and not a copyright infringement. (The video is still posted on YouTube and has received and continues to receive lively comments about the fair use issue presented in the case.) With the help of the Electronic Frontier Foundation, a non-profit dedicated to defending civil liberties in the digital world, Lenz filed suit for damages against Universal for knowingly misrepresenting that the video was not authorized by law. She alleged that Universal had failed to even consider whether the use of Prince’s song playing in the background of the home video was a fair use. Universal moved to dismiss the case on the grounds that fair use is an affirmative defense that a defendant can use to excuse infringement. The trial court disagreed, but recognizing this was a case of first impression, certified the question to the Ninth Circuit in an
CLIENT: Communities Foundation of Texas JOB#: CFOT-15-013 2015 Brand Campaign 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: 12/10/15 INSERTION: January
SCOTT SWEET
Sweet Life Fund at Communities Foundation of Texas
HEL PIN G H A NDS Scott Sweet was just a second-grader when he was severely burned by a live wire. He spent countless days in the hospital, but the care he received made a lasting impression, inspiring him and his wife Cathy to help other children dealing with similar medical crises. Scott and Cathy established the Sweet Life Fund at Communities Foundation of Texas, and the first grant
Deep in the heart of giving™
they made was to Parkland Foundation. Through this grant, they started the Scott and Cathy Sweet Endowment to benefit Parkland’s Burn Center to support, enhance and improve the recovery of burn patients. And while Scott
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CFOT-15-013 Headnotes_SSweet_01mg.indd 1
12/10/15 4:34 PM
interlocutory appeal. The Ninth Circuit agreed with the trial court and held that a copyright owner must consider whether the alleged infringement is fair use prior to sending a takedown notice under the DMCA. However, to avoid a violation, the Ninth Circuit held that Universal need only have formed “a subjective good faith belief about the video’s fair use or lack thereof.” In most cases, this will prove to be a fairly low standard to meet because of the fact intensive nature of a fair use analysis. After the decision in Lenz, Google announced a new policy in which it “will now protect some of the best examples of fair use on YouTube by agreeing to defend them in court if necessary.” Google recognized that content creators can be intimidated by the DMCA’s counter notification process and the potential for litigation that comes with it. The policy was issued to emphasize its ongoing efforts to resist legally unsupported DMCA takedowns. Despite the low standard, before sending a takedown notice, the copyright owner should make sure that a fair use analysis has been conducted and that the analysis is documented. Although the copyright owner need prove only a subjective belief that fair use does not apply, the Lenz decision has been touted as a victory for free speech advocates. The decision will likely curb the practice of sending frivolous takedown notices for the purpose of taking down embarrassing material from the Internet even where there is no arguable copyright infringe HN ment. Vincent J. Allen is a partner at Carstens & Cahoon, an intellectual property law boutique, and can be reached at allen@cclaw.com.
Janu a ry 2 0 1 6
Classifieds
D al l as Bar A ssoci ati on l Headnotes 19
January
EXPERT WITNESS
Mexican Law Expert - Attorney, former law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues: FNC motions, Mexican claims/ defenses, personal injury, moral damages, contract law, corporations. Coauthor, leading treatise in field. J.D., Harvard Law. David Lopez, (210) 222-9494. dlopez@pulmanlaw.com. Economic Damages Experts - Thomas Roney has more than twenty five years’ experience providing economic consulting services, expert reports and expert testimony in court, deposition and arbitration. His firm specializes in the calculation of economic damages in personal injury, wrongful death, employment, commercial litigation, IP, 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) 6659458 or Houston (713) 513-7113. troney@ thomasroneyllc.com. “We Count.” Economic Damages Experts – HSNO is the Forensics Firm. The Dallas office of HSNO has five CPA testifying experts who specialize in the calculation of economic damages in areas such as commercial lost profits, personal lost earnings, business valuations, property damage, insurance litigation, intellectual properties, commercial litigation, contract disputes, bankruptcy, and fraud. HSNO is qualified in most industries including, but not limited to, energy (offshore and onshore), manufacturing, hospitality, service, insurance, transportation, entertainment, product liability, construction and construction. HSNO has 17 U.S. offices and offices in London and Mexico. Contact Peter Hagen or Karl Weisheit at (972) 980-5060 or www.HSNO.com.
For Rent
A Fully Furnished High End Frank Lloyd Wright inspired Studio Apartment is for rent. Includes Living Room with 55” flat screen TV and BR player, full kitchen, sleeping alcove with 40” TV, Full Size (Queen Bed) and Double sinked BR w/walk-in Brizo shower. All utilities including Wi-Fi, DIRECTV, security and DPD off duty patrol. Call Elisabeth at (214) 793-0135.
OFFICE SPACE
Turtle Creek Blvd-Upscale law firm has class A office space available with highend decor. Located at 3811 Turtle Creek, high floor, Office is 240 sq. ft., and rents for $1600.00 a month. Garage Parking, gym, and access to conference room available. Please inquire to Heather at hwoodard@baronandblue.com. Ready To Practice Law “Like A Boss”? No Law Firm Required. Independent business attorneys and litigators need a professional, secure place to work, meet clients, and network - NOT just another executive suite, sublease, home office or coffee shop. VENUE is a “working clubhouse” built BY attorneys, exclusively FOR attorneys. Occupying two top floors in a landmark downtown building, VENUE provides the resources, training and support attorneys need to launch their firms and accelerate their practices. In addition to workspaces and offices, VENUE members will have access to: 30+ hours CLE & management/development training annually, exclusive networking & social events, and an elite network of 100+ local partner-level peers. VENUE is the “Practice of Law Made Perfect.” For info or to schedule a tour: www.attorneyvenue.com. Excellent Oak Lawn location, 2501 Oak Lawn, 3rd floor. 2 offices available for rent. Interior; 15’ x 11’ 2” and exterior; 15’ x 9’
8”. Interior $1,000.00 a month. Exterior window office $1,250.00 a month. Rent includes, phones, Internet, copies, secure underground parking, access to a conference room and kitchen. Email charles@waterburylawpc.com or call (214) 630-4554.
ence room and reception area in well maintained small office building one block from Crescent with high ceilings, wood floors, large windows and other amenities. Contact Owner at (214) 855-0127 or jackcirwin@earthlink.net.
gation investigations, settlement negotiations, and litigated claims, including extensive work with attorneys and liability and causation experts. Salary commensurate with experience. Send resume to flbranson@flbranson.com.
Richardson – Campbell and US 75. Private office space for lease. Amegy/ Reef Building. Kitchen and conference rooms. Underground parking. Amegy Bank in building. For additional information please e-mail George S. McKearin at gsmmed1@airmail.net, or James E. Shepherd at Jim@JShepherdLaw.com.
Galleria Tower – Law firm has a window office available immediately, in a newly renovated space. Amenities include: access to law library, large and small conference rooms, kitchen, copy room, high speed color copier, phone, phone service, Internet, and file room. Free garage parking and 24/7 access. For additional information, please call Diana at (972) 9344110 or Diana@travislaw.com.
Personal Injury Litigation Attorney. Small boutique Dallas law firm, Uptown area, seeking associate, must have 5+ years’ experience plaintiff personal injury law with strong communications and multitasking skills. Excellent opportunity. Competitive salary and benefits. Send resume/ salary to gashmore@ashmorelaw.com or 3636 Maple Avenue, Dallas, 75219.
Walnut Glen Tower (Walnut Hill/Central). Great Deal! Beautiful offices in elegant Class A building near NorthPark with views of downtown over lake with fountains. Convenient access to DART station. Terrific, central location whether you go downtown or elsewhere in the Metroplex. Practice in a relaxed yet professional environment which includes administrative stations, conference room, kitchen, copier, phones, reserved garage parking, on-site restaurant and other amenities. All this AND reasonably priced. Flexible arrangement based on what type of office/ working space you would like. Why not have quality of life while you practice? Please call (214) 750-1600 for details. North Dallas - LBJ Freeway. Law Firm – North Dallas - For Lease: Professional office space, 7616 LBJ Freeway, offers conference room, receptionist, Internet service, lobby kitchen, parking. Available 12.15.2015. Email Amy at arobinson@ englishpllc.com or (214) 528-4300. North Dallas/Farmers Branch - Law firm has several offices for lease. $400/month. Includes use of furniture, Internet, fax, parking, conference rooms, and kitchen. Convenient location. No lease required. Please contact Ilene Smoger at (972) 2435297 or ilene@texasinjurylaw.com. Lemmon Avenue – Affordable unique three level office space for lease on Lemmon Avenue next to Buzz Brews Kitchen. Up to five offices, reception, kitchen, copy/file room, parking garage. For more information call Mike A. Thomas at (214) 728-5808 or email mthomas@lawyerthomas.com. Sublease at Campbell Centre I - Central Expressway & Northwest Highway area. Nice window office space ($1,900/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. For Lease or Sale – Southlake, Texas – Law office at NW corner of Highway 114 and Carroll Avenue, App 6,000 sf. Convenient access to Dallas and Tarrant County courthouses. Abundant free parking, 3 conference rooms, large break room. (817) 424-1001. Uptown - Oak Lawn. For Sale – 3618 Fairmount – Own 2,034 square feet instead of rent in this highly desirable Uptown/ Oak Lawn location. Professional building perfect for professional practice, i.e. law, accounting, medical. Contact Sharon Herrin or Mary Boone at Herrin Commercial Real Estate (972) 980-0400. Austin - 816 Congress Avenue — Sublease law firm space; approximately 1845 RSF to 4125 RSF. Class A building with security. Two blocks from, and outstanding views of, Capitol. Fitness center with lockers and showers. Parking available. Sublease space or executive-suite arrangement (e.g., telecom, fax, copier, furnished office(s)). (512) 474-1492 or email: AustinCongressAveSubLeaseSpace@gmail.com. Uptown Dallas – Near Crescent. 1200 square foot four office suite with confer-
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. 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. North Dallas - Lincoln Centre. Law firm located at Lincoln Centre has one partner size office and cubicle available. Located at LBJ and the Tollway; two conference rooms; break room/kitchen; copier; Email: dallasipfirm@gmail.com for more information.
POSITIONS AVAILABLE
Civil Litigation Attorney. Business litigation firm in Turtle Creek seeks attorney with 5-10 years civil litigation experience. Strong academic record and writing skills required. Salary negotiable. Send cover letter and resume in confidence to oaklawnfirm@aol.com. Attorney – Family Law. Genesis Women’s Shelter and Support seeks staff attorney who has solo practice experience addressing a wide variety of services while working on cases involving family violence. Must have minimum of 3 years direct family law experience including divorce, protective orders, and custody. Spanish speaking preferred. Send resume, references, and salary requirements by email to resume@ genesisshelter.org. Commercial Litigation Attorney. Dallas office of McGuireWoods seeks Commercial Litigation Staff Attorney with 3+yrs experience involving mortgage-related disputes. TX Bar required. Must have strong academic credentials and significant experience arguing before TX courts. For more details and to apply: http:// recruiting.mcguirewoods.com/laterals/. No search firms. Experienced Litigation Attorney. The Law Offices of Frank L. Branson, P.C. is seeking an attorney with 10-15 years of litigation experience, preferably prosecuting or defending personal injury claims. An ideal candidate will be an independent, self-starter with excellent academics, strong client-relation skills, and a proven track record of successful day-to-day management of a complex litigation docket from intake and investigation through trial and appeal. Candidates with significant trial experience preferred. Send resume to flbranson@flbranson.com. Experienced Insurance Adjuster. The Law Offices of Frank L. Branson, P.C. is seeking an insurance adjuster with 10-15 years of claims-handling experience, preferably investigating and evaluating complex bodily-injury claims. An ideal candidate will have a thorough knowledge of insurance coverages and contracts, claims handling guidelines, and legal and medical records and terminology as well as experience with pre-liti-
Experienced Paralegal. Uptown Dallas boutique firm with a sophisticated corporate and real estate transactional practice seeks experienced paralegal with a minimum of 3 years law firm (or equivalent) work. Thorough knowledge of Windows 8, Microsoft Word and Outlook is required. Candidate will work closely with attorneys to draft and proof documents, handle filings, manage closings, and perform title and survey review. Must have strong ability to learn and work independently. Excellent salary commensurate with experience. Please send resumes to aoppliger@exallwood.com. Need 3-5 years’ experience business litigation associate in downtown Dallas firm. Requirements: excellent academics, strong personality, prior experience in courtroom and taking depositions. Writing sample required. Resumes to employment@GodwinLaw.com. 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.
SERVICES
Tired of your papers not being served timely? Local professional process server with background investigation training. Fast service at competitive prices. Please call Russell Blair at 214.326.0491, email him at russell@kingblairprocess.com, or visit our website at www.kingblairprocess. com. SCH#11311. Trial Preparation Stress Relief: Licensed litigation attorney (20 years) available for hourly projects: court appearances, trial preparation, drafting pleadings/discovery/ motions, attending depositions, mediations. Large firm and complex litigation experience, first and second chair trials and arbitrations, law review. (972) 665-9834. 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 1-800760-9890 or (214) 720-9890 for a friendly and quick analysis and response. Credentialed Forensic Genealogist & Attorney – hire an experienced attorney and credentialed forensic genealogist to ethically find next of kin and missing heirs for intestacy, probate, guardianship, property issues, and more. Reasonable hourly rate. See www.ProfessionalAncestryResearch. com. Wanda Smith: (972) 836-9091.
20 H e a d n o t e s l D a l l a s B a r A s s o ciation
January 2016
Passman & Jones A PROFESSIONAL CORPORATION