TCBA Bulletin July-August 2015 by Tarrant County Bar Association Bar Bulletin

Bulletin July/August 2015

David E. Keltner TCBA President 2015-2016

resident’s page

am proud to be a lawyer. i became a lawyer because of my father, ed Keltner. He saw the dignity of the law and understood that it was the great leveler between the haves and have-nots. in his mind, it was the one place where fairness could be achieved. i still think that is true. The practice of law now touches the most baby David E. Keltner sic foundations of society. We are involved in business formation, transactions, governmental compliance, and the trial of disputes. But the law touches even more basic needs when it deals with family and parent/child disputes, juvenile trauma, and criminal justice. All are noble pursuits. even though many make fun of us and try to regulate us, at some point in their life—they will need us. And the great thing about the law is that we will help them because everybody deserves a fair shake. So, i want to thank Dad for my inheritance of his love of the law. Thanks to Mike Henry. Mike Henry redefined the role of TCBA President. And he made it look easy. Mike enjoys the respect of his fellow lawyers, and when he asked them to help they did not say “no.” As a result, he invigorated volunteer committees working on the Bar Bulletin and pro bono projects. Thanks to our volunteers. We appreciate all of you who volunteer your time and efforts to work on our committees. last year, our community service and pro-bono projects involved over 200 volunteers. The Bar Association sent you a committee form that gives you an opportunity to get involved. Just say “Yes,” like hundreds of lawyers before you who made this Association strong. if you missed the email, contact the Bar offices for a committee form. Thanks to the Board of Directors. Our Board is strong and dedicated. Demographically, of the 14 members, 5 are sole practitioners, 5 are with firms of five or fewer attorneys, and 4 are from larger firms. Board members practice in diverse areas, including family, criminal, civil trial, appellate, and transactional practices. Thanks to the Tarrant County Bar Foundation. The Foundation is our partner in success. The Foundation raises the money that funds our expanding community service programs and pro bono projects. Those efforts require staff and training that we simply cannot afford. We appreciate everything the Foundation does and urge your support. Membership in the Foundation is an honor and carries a commitment to financially aid the Foundation in its support of our community services and pro bono programs. When you are invited to join as a Fellow, please say “Yes,” and join in this impressive effort.

Welcome to the Tom Vandergriff Civil Courts Building. in mid-July, all the civil district courts will move to the new Tom Vandergriff Civil Courts Building. each court is electronically tricked out. There are individual monitors for lawyers, jurors, witnesses, and judges. All you need to bring is your laptop or tablet. in addition to plug-and-play capability, each courtroom has a document camera (a/k/a elmo), video conferencing capability, and an enhanced audio system. like the Family Courts Building, each court has a judge’s conference room and two conference rooms for lawyers and clients. The well of the new district courtrooms are approximately ﬁfty percent wider and deeper than the existing courtrooms in the Tim Curry Criminal Courts building. With seating for ten to twelve persons in the well, these new courtrooms will comfortably accommodate three and four party litigation. For the cases that need an even larger venue, the new courthouse also has an oversized courtroom which is designed to accommodate six to eight parties and their counsels. it can accommodate a 125 person venire panel which can be used in any case needing a panel of more than sixty panel members. This oversized courtroom has the potential to be a showplace. The Bar Association and the Bar Foundation are in the preliminary stages of working with the judiciary to help make this potential a reality. Hopefully, the Association and the Foundation will have more to report on this next month. A courthouse like this doesn’t come about by accident. The civil district judges convinced the Tarrant County Commissioners of the need for a new civil courthouse. The Commissioners of Tarrant County had the foresight to appoint a Civil Court Advisory Committee, composed of attorneys and judges, to assist in the design of the courtroom facilities. This committee, chaired by Dee Kelly and Judge David evans, spearheaded the design project. The results are spectacular. Thanks to Dee Kelly. There is no hiding that Mr. Kelly is my senior partner, but i am going to brag on him anyway. As we know from his contributions to the Bar Center, he is also a generous and dedicated lawyer. What you might not know is that Mr. Kelly volunteered to fund the build-out of the new Civil Courts Buildings lawyers’ lounge. He believed that hard working lawyers need a place to prepare and relax. Mr. Kelly insisted that it have electronic hookups and a streaming TV. The new lawyers’ lounge will be our third, as we already have lounges in the Curry Criminal Justice Center and in the Family law Courts Building. Just like the other lounges, the Association will provide coffee service. Upcoming Events. The ﬁrst event of the new bar year will be the Annual Membership luncheon with the new State Bar of Texas President Allan K. DuBois. Mark your calendars for Tuesday, July 14 at 11:45 a.m. at the City Club. (Please note the location change.) ■

David July/August 2015

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TCBA BulleTin

Tarrant County Bar Association

817.338.4092 ■ Fax 817.335.9238 website: www.tarrantbar.org e-mail: tcba@tarrantbar.org 2015-2016 Officers

ontents 1:00 PM Shotgun Start • $125 per Golfer 4 Person Team Scramble. Register as a team or individually. Winning Team, Closest to the Pin, and Longest Drive

Features

3 3 4 8 14 19 26

SPONSORSHIPS Sponsorships are Tax Deductible and available for $400 Your sponsorship will include a tee box sign, recognition in promotional materials, recognition at the awards ceremony and tournament, and 10% off 1 team entry.

Cle Membership luncheon Players:

August Docket Call

All sponsorship funds will benefit the Tarrant County Bar Foundation, which was established in 1997 to support and expand its commitments to “justice, service, and professionalism” by funding important community service projects. These projects include crucial legal services to needy citizens and education

Email Email

You may also fax your form to 817-335-9238 or email it to cindy@tarrantbar.org. Contact Clark Rucker at clark.rucker@kellyhart.com for further questions.

2015 Charity Golf Tournament

Directors Term Ends 2016 leslie Barrows John Cayce lance evans

of the public about their rights and responsibilities under the law. For more information please contact clark.rucker@kellyhart.com 6600 Mira Vista Blvd, Fort Worth, TX 76132 www.miravistacountryclub.com

Entry Form

Please submit the entry form with your check made payable to TCYLA to 1315 Calhoun Street, Fort Worth, TX 76102.

President. . . . . . . . . . . . . . . David e. Keltner President-elect . . . . . . . . . . . Robert G. West Vice President . . . . . . . . . . .Dabney D. Bassel Secretary-Treasurer . . . . . . . . . nick Bettinger

Golfers: x $125 = Apply Sponsor Discount (10%)

Term Ends 2017 Tawana Gray Gary l. Medlin Jason C. n. Smith

$ $[

]

Separate $400 Check to TCBF Enclosed Total Amount Paid

2015-2016 Appointed Directors

Judge Mark Pittman it’s All Happening at the Bar national Adoption Day Texas Advanced Paralegal Seminar

In every issue

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July/August 2015

2015 Spring Chris Stoy

Immediate Past President

Advertisers’ index Classified Advertising

Tarrant County Young Lawyers Association, President

2015 Fall Amber Altemose

Departments 1 President’s Page 5 Tarrant County Young lawyers Association 6 Mary Stallings Denuccio - TCBA’s newest Staff Member 6 100 Club Members 7 news from The Bar Foundation 9 Transition to Practice 9 legalline 10 Snippets 12 Other Associations’ news & information 16 lawyers on the Move & in the news 17 Texas lawyers for Texas Veterans 20 TVAS 23 lawyer Referral and information Service 25 in Memorian - Harris / Whittenberg

23 28

Geff Anderson Dwayne Smith

Michael J. Henry

Executive Director

Patricia Graham, PlS, ClAS

Ex-Officio Members State Bar Of Texas, Directors J. Benjamin Barlow Gary l. nickelson

ABA Delegate Janna Clarke

Bar Bulletin

Mary Stallings Denuccio Director of Communications and Development mary@tarrantbar.org John F. Murphy, editor H. Dennis Kelly, Assistant editor Graphics/Production Park Place enterprises, inc. ggpark@flash.net • 817.877.8901 The Tarrant County Bar Bulletin is a monthly publication of the Tarrant County Bar Association. Articles, photos, events for the calendar, suggestions, or comments should be directed to: 1315 Calhoun Street • Fort Worth, Texas 76102-6504 Deadline for submission is the 1st day of the month, one month prior the date of the issue (e.g. April 1 for the May issue). items for publication may be e-mailed to mary@tarrantbar.org in Word format. Articles published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant County Bar Association, its officers, or the Board of Directors. Calendar listings, classifieds, advertisements, and feature articles should not be considered an endorsement of any service, product, program, seminar or event.

Topic: State Of The State Bar

CLE Membership Luncheon to be Held Tuesday, July 14

llan K. DuBois, 2015-2016 president of the State Bar of Texas, is a solo practitioner at the law Ofﬁce of Allan K. DuBois, P.C., in San Antonio, where he handles civil litigation and appeals, mediation, and arbitration. He is a trustee and grants chair of the Texas Bar Foundation and has served on the State Bar of Texas Board Mr. DuBois’ topic will be “State Of The State Bar”, after which the new Tarrant County Bar Association Board of Directors will be introduced and officially inaugurated. This year’s luncheon, co-hosted by the Tarrant County Bar Association & the Fort Worth-Tarrant County Young Lawyers Association will be held at the City Club at 11:45 a.m. The City Club is located at 301 Commerce Street, Fort Worth, 2nd Floor. Lunch will be $26 for members with advanced reservations and guests and walk-ins will be $31. Dress is business casual—suits and ties not required. To make your reservations, please contact Sherry at 817.338.4092 or sherry@tarrantbar.org, or go to the calendar section of our website at www.tarrantbar.org. For directions and contact information, please visit the City Club website at www.cityclub-ftw.com.

of Directors, executive Committee, Professional Development Program Committee, and nominations and elections Committee. Mr. DuBois has also served as an advisor to the State Bar of Texas Alternative Dispute Resolution and Military and Veterans law sections and the Texas lawyers’ Assistance Program and legal Services to the Poor committees. He is a former president of the San Antonio Bar Association, a founding member and current volunteer attorney for Texas lawyers for Texas Veterans, a former member of the District 10 Grievance Committee Professional enhancement Panel, and a Sustaining life Fellow of the Texas Bar Foundation. Mr. DuBois received a B.A. in english from the university of Texas and was an Army ROTC Distinguished Military Graduate in 1967. He earned a J.D. from the university of Texas School of law in 1970. ■

Brown Bag

ou will be glad to know that the fee for the Brown Bag Season Pass remains at $125! The Brown Bag Committee typically schedules seven three-hour seminars annually. The September seminar provides attorneys with the required annual three hours of ethics credit. This year’s Juvenile law Seminar will provide four hours of Cle credit that will work toward the six hour requirement for juvenile court appointments. The Appellate Section sponsors a seminar annually, and the committee determines topics for the other four seminars. This year’s committee chair is Mark Anderson of the Anderson law Firm. if you have any suggestions for topics that might appeal to a fairly broad group of attorneys, please contact Chair Mark Anderson at 817.294.1900 or mark@fulljustice.com, or Sherry, at 817.338.4092 or sherry@tarrantbar.org. ■

Stay CONNECTED to Us

Docket Call Social Thursday, August 20, 2015 5:00 p.m. Come on over and spend a little time making new friends and visiting with old friends. Location 600 W. 6th Street, Suite 300 Fort Worth, Texas 76102 Graciously Sponsored by

@tarrantbar Tarrant County Bar Association-Fort Worth, Tx

For more information and photos, please find us on Facebook. July/August 2015

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TCBA BulleTin

1:00 PM Shotgun Start • $125 per Golfer 4 Person Team Scramble. Register as a team or individually. Winning Team, Closest to the Pin, and Longest Drive SPONSORSHIPS Sponsorships are Tax Deductible and available for $400 Your sponsorship will include a tee box sign, recognition in promotional materials, recognition at the awards ceremony and tournament, and 10% off 1 team entry.

Entry Form Players:

Please submit the entry form with your check made payable to TCYLA to 1315 Calhoun Street, Fort Worth, TX 76102. You may also fax your form to 817-335-9238 or email it to cindy@tarrantbar.org. Contact Clark Rucker at clark.rucker@kellyhart.com for further questions.

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July/August 2015

Golfers: x $125 = Apply Sponsor Discount (10%)

$ $[

Separate $400 Check to TCBF Enclosed Total Amount Paid

]

t o h s p a n S YLA

t’s hard to believe we’re already in the dog days of summer here in Tarrant County. Before we know it, school will be starting back up and a new crop of young lawyers will enter the practice of law. it seems like only yesterday i began my first day as a bright-eyed associate, setting out to change the world. now, i’m sitting at my desk writing my last snapshot for the Bar Bulletin. As Chris Stoy President, TCYLA my TCYlA presidential term comes to an end, i can’t help but look back and be proud of the board members with whom i have served over the last five years. i would like to thanks those who served before me and taught me so much and those who came after me and made TCYlA events such a success. i look forward to passing the presidential torch on to Amber Altemose, who will undoubtedly carry it on with success. When the last Tarrant County Bar Bulletin was published, we were still awaiting a final tally of the proceeds

Ballin ‘ for a Cause 3-on-3 Basketball Tournament.

generated by the 2015 Ballin‘ for a Cause 3-on-3 Basketball Tournament. i am proud to announce that the tournament itself generated $2,258.00 and that the Tarrant County Bar Foundation generously donated $2,800 on top of that for a total of $5,058.00 that has been donated to Big Brothers Big Sisters – Tarrant County. We also received a grant from the Texas Young lawyers Association to help underwrite the costs. Special thanks to the participants, our donors and everyone else who made this event possible. in June, TCYlA hosted a trivia night at World of Beers. Teams of four competed in four rounds of trivia with categories including civil law, criminal law, legal history, pop culture with a legal theme, and science with a legal theme. The ﬁnal two teams then competed in a lightening round to determine the winner. The proceeds generated from the event were donated to MHMR of Tarrant County. A great time was had by all. Special thanks to Cody Cofer for planning a successful event. The TCBA and TCYlA 2015 Charity Golf Tournament is right around the corner. The tournament is on Monday, September 28, 2015 at Mira Vista Country Club. Get your teams together now and don’t miss the chance to play this awesome course! if you’d like to sponsor a hole or sign up to play please contact Clark Rucker at clark.rucker@kellyhart. com. Hole sponsors will also receive a discount on team entry fees. Remember, TCYlA hosts monthly Cle lunches at Reata. We have an incredible group of speakers lined up for the next few months including Sharen Wilson on July 21, 2015; J. Warren St. John on August 18, 2015; and Steve laird on September 15, 2015. if you are interested in joining TCYlA and participating in any of our great events, please feel free to contact me at cstoy@hsjustice.com. Thanks again to all our members and see you at the next event! ■

Chris

July/August 2015

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TCBA BulleTin

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To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more attorneys and attains 100% TCBA membership compliance for the 2015-2016 bar year qualifies for “The 100 Club”! The firms/organizations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year. Any firm/organization that qualifies in the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law firms and other groups! The new bar year began July 1, so if you missed your renewal invoice in your email, contact Membership Director Cindy Rankin at 817.338.4092 or email her at cindy@tarrantbar.org. ■

News from

The Bar Foundation

id you know that the Tarrant County Bar Foundation (“Bar Foundation”), with your support, underwrites and supports a number of community service programs, including the national Adoption Day event described in this issue? Big Brothers Big Sisters, the nation’s largest volunteer supported mentoring network for young children, is one of the programs supported by the Bar Foundation. in March 2015, the TCBA, Tarrant County Big Brothers Big Sisters, and Tarrant County Young lawyers Association joined forces to host a “Ballin’ for a Cause” Basketball Tournament. The Bar Foundation helped underwrite the event. income from the event will help by offsetting some of Big Brothers Big Sisters’ expenses associated with “matching” at-risk children with volunteers. The tournament resulted in funds raised for at-risk youth, and the receipt of the Outstanding Partnership Program Award from the State Bar of Texas by TCBA, the Bar Foundation, and the Tarrant County Young lawyers Association. The Outstanding Partnership Program award recognizes noteworthy partnership efforts between local bar associations and non-legal entities. You can support the community programs underwritten by the Bar Foundation by joining a TCBA committee for the 2015-2016 bar year. Check your email for the committee form or contact the TCBA for more information. Financial resources utilized by the Bar Foundation come from contributions from our local community and community at-large. Recently, the educational and charitable works of our legal community with support of the Bar Foundation have received even broader ﬁnancial support through grants from local and statewide organizations. in May 2015, the Litigation Section of the State Bar of Texas awarded the Bar Foundation a grant that will enable its pro bono programs to develop an online registration system for its legal clinics. This grant will allow the pro bono programs to serve a larger population of low income individuals and veterans. “The litigation Section annually awards grants to promote educational and charitable activities that improve the administration of our justice system, advance public education and understanding of the judicial system, and are sensitive to the needs of the public and legal profession. The litigation Section Grant Program seeks to support and promote programs which improve and support the Texas justice system through research, services, publications, institutes, forums and public education.” Another example of this broader recognition and support is the recent

J. Zach Burt and Chair of TLTV Wes Cooper.

grant to the Bar Foundation provided by the Corporate Counsel Section of the State Bar of Texas to support the pro bono programs’ corporate counsel initiative. This initiative is intended to encourage pro bono participation by corporate counsel and legal departments by educating them about the pro bono opportunities in Tarrant County, as well as providing an organized system for participation through the Bar Foundation’s pro bono programs. if you or your organization were unable to attend the complimentary Cle in April and would like to earn free Cle while learning about pro bono opportunities, contact Megan Cooley at megan@tarrantbar.org. Current participants in the initiative include J. Zach Burt, Vice President of Mineral Management at Bank of Texas, who represented a client at TVAS’s uncontested divorce clinic in April and volunteered at TlTV’s May legal clinic. ■

Medi8withHughes.com John W. Hughes One of the nation’s most experienced and respected mediators. 817.291.4147

July/August 2015

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TCBA BulleTin

by Perry Cockrell Judge Mark Pittman is the newest District Judge in Tarrant Coun-

ty having been appointed to the 352nd District Court by Governor Rick Perry on January 8, 2015. He succeeds Judge Bonnie Sudderth, who was appointed to the Second Court of Appeals. His background as an attorney is unique and quite remarkable. As a practicing lawyer, Judge Pittman went from trying some of the smallest of cases in local Justice of the Peace Courts to trying some of the largest damage cases in united States history in the Court of Federal Claims in Washington, D.C. Judge Pittman grew up in Rising Star and Cooper, Texas, “where lawyers spent most of their time at the courthouse practicing anything they could,” he said. After graduating magna cum laude from Texas A&M university in 1996, he was accepted to the university of Texas School of law and graduated in 1999. After law school he moved to Fort Worth to join Kelly, Hart & Hallman. He was only at the firm for a year before Federal Judge eldon Mahon tapped him to be his law clerk. He could not pass up the opportunity, realizing that it was the only chance to work for such a distinguished judge, who would become his mentor and inspiration. “Tarrant County is the best place to practice law and Fort Worth is the best kept secret in the country, Judge Mahon would always say, and i agree with him.” He kept in contact with Judge Mahon after his retirement. After his federal clerkship ended in 2001, he went back to Kelly, Hart & Hallman and practiced state and federal litigation, including significant appellate litigation in the Fifth Circuit Court of Appeals. in 2004 his career changed drastically when he moved to Washington, D.C. to join the Department of Justice’s Commercial litigation Branch– national Courts Section and practiced before the Court of international Trade in new York, handling complex international import-export cases, and the Court of Federal Claims,in D.C., handling sophisticated multi-million dollar lawsuits involving financial institution failures and government contract disputes. His first case had damages of over $250 million. A colleague’s advice to him was, “That is a small case for this office. Just handle it. You will be fine.” He did and won the case after many months of intense days in trial. in 2006, life in Washington D.C. would change for him as his wife Katrina had her first child and this later prompted them to return to Fort Worth to raise a family. looking back, he said that he “couldn’t think of a better way to get experience than working for the united States.” His time in D.C. was memorable and he “never imagined that he would represent the united States in a federal court across the street from the White House or in new York City.” in 2007, Judge Pittman joined the Civil Division in the u.S. Attorney’s Office in Fort Worth, handling trials and appeals ranging from wrongful death, malpractice, employ-

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July/August 2015

ment litigation, immigration, false claims, and products liability. in 2009 he moved to the Federal Deposit insurance Corporation in Dallas, where he conducted investigations, prosecuted administrative claims, and served as lead counsel in significant prosecutions involving bank failures. in 2011, he joined the Securities and exchange Commission in Fort Worth where he worked on securities enforcement cases. Then in 2014, he was detailed as a criminal prosecutor in the economic Crimes Division of the u.S. Attorney’s Office in Dallas to prosecute complex financial crimes. All of his experiences with the federal government were marked with consistent outstanding performance and rewards for jobs well done. Judge Pittman and his wife, Katrina, now have three children and enjoy living in Fort Worth, where he always liked practicing law with the collegial and professional attorneys in Tarrant County. “The attorneys in Tarrant County are a great group of lawyers who fight tooth and nail for their clients, but when it’s all over they are cordial and treat each other with respect.” How does he know that Tarrant County is the best place to practice law? “Because i have practiced in so many other jurisdictions.” He noted that attorneys in Tarrant County “don’t have to read the Dondi opinion. We know how to treat each other. i expect the same thing for myself as i do attorneys: Show up at hearings on time, be prepared, and treat each other with respect.” ■

Transition to Practice

he July Transition to Practice luncheon will be at noon on Wednesday, July 22. This ethics Cle will host Judge Jennifer Rymell, County Court at law no. 2, and earl Harcrow, both former members of the State Bar ethics/Grievance Committee. The two will talk about things that get attorneys in trouble and prompt grievance charges. This is always a fun program with Judge Rymell and earl talking about past cases that they have seen and reminding the attorneys what to watch for to keep a grievance from being ﬁled. The next Transition to Practice luncheon will be Wednesday, September 23! Mark your calendar. Mentors, don’t forget to meet with your Mentee on the months we don’t meet together. if you know of anyone licensed 10 years or more and might be interested in being a Mentor, please tell them to contact the TCBA. if you know any newly licensed attorneys (3 years or less) who are interested in joining the program, tell them to contact cindy@tarrantbar.org. ■

APPEALS SMYTHE PC

BECAUSE THE PEN IS MIGHTIER

777 MAIN STREET SUITE 600

Stay CONNECTED to Us

FORT WORTH, TX 76102 817-666-9475 WEBSITE: APPEALS.ME

@tarrantbar Tarrant County Bar Association-Fort Worth, Tx

Thank you to these volunteers:

04/09/2015 Sylvia Duarte Clayton Everett Bryce King George Lockwood Franklin Moore Scott Phillips Staff - Trisha Graham Food Sponsor by Tarrant County Bar Foundation 04/23/2015 Norma Bazán Chris Brown Joe Colvin Sylvia Duarte Clayton Everett George Lockwood Scott Phillips Staff – Carolina Ibarra Food Sponsor by Tarrant County Bar Foundation

05/14/2015 Norma Bazán Joe Colvin Danielle Dulaney Scott Phillips Staff – Carolina Ibarra Food Sponsor by Norma Bazán

05/28/2015 Chris Brown Joe Colvin Sylvia Duarte Clayton Everett Ana Gonzalez Joshua Graham Bryce King George Lockwood John Penn Scott Phillips Sandra Thompson Staff – Carolina Ibarra Food Sponsor by Joshua Graham & Associates

nteers!!! lu o v d e e n s y We alwa Please consider donating two hours of your time the 2nd and 4th Thursday, January through november from 6-8pm. Bring a friend. legalline is a valuable community service outreach program that needs your time and skills. if you are interested in volunteering or sponsoring, please contact Carolina at 817.338.4092 or email carolina@tarrantbar.org. July/August 2015

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TCBA BulleTin

Snippets

Civil and Criminal by Judge Bob McCoy

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Kimzey Street - Truett Kimzey owned a TV and Radio store on Vickery. He signed up Bob Willis for a show during every morning (Bob Willis and his band) in 1931 and started him on his way to being an outstanding band leader. From Werner Magnus, Who was Hulen? An Attempt to Find the Origins of Street Names in Fort Worth.

Ask Judge Bob Judge Bob, What is an “eTJ”? it stands for the extraterritorial jurisdiction of municipalities. See Tex. local Gov’t Code Ann. § 42.021 and Bizios v. Town of Lakewood Village, 453 S.W.3d (Tex. App.—Fort Worth 2014) n.1.

Ask The Danes Ramses and Moses, is dog ﬁghting illegal in Texas? Yes, and the statute covers a wide range of persons who may be charged under the statute, and it may be a state jail felony. See Tex. Penal Code § 42.10.

The Danes’ Quote Of The Month “A living dog is better than a dead lion.” ecclesiastes 9:4.

Ramses

Criminal Items Of Interest 1. Community Caretaking Function “Whether an officer properly invoked his communitycaretaking function requires a two-step inquiry: (1) whether the officer was primarily motivated by a community-caretaking purpose; and (2) whether the officer’s belief that the individual needed help was reasonable. The Court of Criminal Appeals listed four non-exclusive factors to determine whether an officer was legitimately acting to give assistance (i.e., was the officer’s belief the individual needed help reasonable): (1) the nature and level of the distress exhibited by the individual; (2) the location of the individual; (3) whether the individual was alone and/or had access to assistance independent of that offered by the officer; and (4) to what extent the individual—if not assisted—presented a danger to himself or others.” 10

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Probate Court No. 2

County Criminal Court No. 3

Who’s That Street Named After?

Moses

Co-Editor Lin Morrisett Associate Judge

Lemming v. State, 454 S.W.3d 78, 84 (Tex. App.—Texarkana 2014)(internal citations omitted). 2. Defense of a Third Party “The defendant must admit to the conduct—act and culpable mental state—of the charged offense to be entitled to the instruction.” Henley v. State, 454 S.W.3d 106, 114 (Tex. App.—Fort Worth 2014). 3. Terry Stop “An officer may search a detainee’s vehicle if the officer has a reasonable belief based on specific and articulable facts which, when taken together with the rational inferences from those facts, reasonably warrant the officer’s belief that the detainee is dangerous and the detainee may gain immediate control of a weapon. A protective search of a vehicle must be limited to only those areas within the detainee’s immediate control where a weapon may be placed or hidden. The officer does not have to be absolutely certain that the detainee possesses a weapon; the test is only whether a reasonably prudent person in the circumstances would be warranted in the belief that his safety or that of others was in danger.” Williams v. State, 454 S.W.3d 172, 175 (Tex. App.— Houston [14th Dist.] 2014) (internal citations omitted). 4. Felony Murder “Felony murder is, essentially, ‘an unintentional murder committed in the course of committing a felony. Rodriguez v. State, 454 S.W.3d 503, 507 (Tex. Crim. App. 2014). 5. Circumstantial Evidence “Circumstantial evidence is as probative as direct evidence in establishing the guilt of an actor, and circumstantial evidence can be sufficient to establish guilt.” Hernandez v. State, 454 S.W.3d 643, 647 (Tex. App.— Houston [1st Dist.] 2014). 6. Mistrial “A mistrial is a device used to halt trial proceedings when error is so prejudicial that expenditure of further time and expense would be wasteful and futile.” Id. at 649. 7. Pretrial Motion “A pre-trial motion cannot be used to argue that the prosecution could not prove one of the elements of the crime. This is true even if the challenge would require only a legal determination.” Laurent v. State, 454 S.W.3d 650, 653 (Tex. Crim. App. 2014) (internal citations omitted).

Civil Items Of Interest

Quote Of The Month

1. Sua Sponte Review of Subject-Matter Jurisdiction “A court is obliged to determine whether it has subjectmatter jurisdiction and must consider the question sua sponte even if it is not challenged by a party.” Dewolf v. Kohler, 452 S.W.3d 373, 382 (Tex. App.— Houston [14th Dist.] 2014).

“it shall be my endeavor to manifest by overt acts, the purity of my inclinations for promoting the happiness of mankind, as well as the sincerity of my desires to contribute whatever may be in my power towards preservation of the civil and religious liberties of the American people.” George Washington, ”Old South letters,” no. 65, p. 3.

Legal Quote of the Month in case of dissension, never dare to judge till you’ve heard the other side. Euripides

Exclusive Admiralty Proceeding “[A]n in rem suit against a vessel is . . . distinctively an admiralty proceeding and is hence within the exclusive province of the federal courts.” Id.

3. State Agency Rules Presumed Valid “We presume that an agency rule is valid, and the party challenging the rule has the burden of demonstrating its invalidity. To establish a rule’s facial invalidity, the challenger must show that the rule (1) contravenes speciﬁc statutory language; (2) is counter to the statute’s general objectives; or (3) imposes additional burdens, conditions, or restrictions in excess of or inconsistent with the relevant statutory provisions.” Harlingen Family Dentistry v. Texas HSSC, 452 S.W.3d 479, 481 (Tex. App.—Austin 2014) (internal citations omitted). 4. Refusal of Suspension of Judgment “A governmental entity’s notice of appeal does not deprive a trial court of discretion to refuse suspension of its judgment if the appellee posts security in accordance with TRAP 24.2(a)(3).” In Re State Board for Educator Certification, 452 S.W.3d 802, 809 (Tex. App.—Austin 2014).

Old News The term “maverick” is derived from the name Samuel A. Maverick (1803-1870), an early Texas lawyer, pioneer, signatory of the Texas Declaration of independence, Texas legislator, and mayor of San Antonio. Maverick refused to brand his cattle, and thus, unbranded cattle that were not part of the herd became known as “mavericks.” Crutchﬁeld, James A. 1996. It Happened in Texas. Helena, MT: Falcon Press, and Wikipedia, Samuel Maverick, reviewed May 13, 2015. ■

Stay CONNECTED to Us @tarrantbar Tarrant County Bar Association-Fort Worth, Tx

5. Actual Notice is Not Service “[A]ctual notice without proper service is the same as no service.” Bank of NY Mellon v. Redbud 115 Land Trust., 452 S.W.3d 868, 871 (Tex. App.—Dallas 2014). 6. Appellate Court Mandate “When an appellate court reverses a trial court’s decision and remands the case to the trial court, the trial court is authorized to take all actions that are necessary to give full effect to the appellate court’s judgment and mandate. The trial court has no authority to take an action that is inconsistent with or beyond the scope of that which is necessary to give full effect to the appellate court’s judgment and mandate.” Henry v. Masson, 453 S.W.3d 43, 48 (Tex. App.—Houston [1st Dist.] 2014)(internal citations omitted). 7. Substantial Evidence in State Agency Orders “’[S]ubstantial evidence’ in this sense does not mean a large or considerable amount of evidence—in fact, the evidence may even preponderate against the agency’s ﬁnding—but requires only such relevant evidence as a reasonable mind might accept as adequate to support a ﬁnding of fact.” Emp. Ret. Sys. of Tex. v. Garcia, 454 S.W.3d 121, 132 (Tex. App.—Austin 2014). July/August 2015

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TCBA BulleTin

Other Associations’News & Information Arlington Bar Association Meets on the 3rd Wednesday of each month. President, larry Gaydos. For location & information, email arlingtonbarassociation@yahoo.com or call 214.651.5622. Black Women Lawyers Association For meetings and information, contact Sue Allen, President at 817.926.5005 sue@sueallenlaw.com. Black Women lawyers Association – will be hosting its annual scholarship event, “Hotter Than July” on Thursday, July 30 from 5 p.m. to 7 p.m. at the YWCA, 512 W. 4th Street. Tickets are $15 in advance or $20 at the door”. Contact Sue Allen, President at 817-926-5005 or sue@sueallenlaw.com. Dee J. Kelly Law Library Welcomes Bar Members! For the latest Texas A&M university School of law library hours and information, please visit http://law.tamu.edu, or call 817.212.3800. Fort Worth Chapter Association of Legal Administrators Meets on the 2nd Tuesday of each month at the City Club, 301 Commerce Street, Fort Worth, 76102. For more information, contact lisa Boyd, 817.339.2478 or lBoyd@ Belaw.com. L. Clifford Davis Legal Association (f/k/a Tarrant County Black Bar Association) holds its meets on the 3rd Tuesday of each month at 6:00 p.m. For more information, contact President Mary Panzu at 817.260.9778.

Scholarship Banquet Dinner

Annual Scholarship Banquet Dinner will be held on Friday, September 11 beginning at 6 p.m. at the Hilton Hotel, 815 Main Street. Tickets are $65 per person and may be purchased from Antonio Allen 817.877.2852 and Faye Watson 817.878.2423. ■ MABA (Mexican American Bar Association) Meets on the last Thursday of each month at Rivas Mexican Restaurant, 5442 River Oaks Blvd., River Oaks 76114. For more information, contact President eloy Sepulveda at 817.332.1285. Northeast Tarrant County Bar Association (neTCBA) Meets for Cle luncheons on the 3rd Tuesday of each month at la Hacienda Restaurant, Hwy. 121. Contact President leslie Barrows at 817.481.1583, lbarrows@ barrowsﬁrm.com. Tarrant County Criminal Defense Lawyers Association (TCCDlA) meets every 2nd Thursday at Joe T. Garcia’s, 2201 n. Commerce. For more information, contact President Randy Bowers at 817.348.8094 or leleRB@ sbcglobal.net. 12 www.tarrantbar.org ■ July/August 2015

Tarrant County Family Law Bar Association Meets at 12 noon on the 4th Tuesday of each month at Family law Center Assembly Room on the 2nd ﬂoor. For more information, contact President David Kulesz at 817.226.1100 or david@lKattorneys.com. Tarrant County Probate Bar Association Meets on the 1st Thursday of each month at the Petroleum Club—members free, guests $30. For more information, contact Tena Fox, 817.280.0811 or tfox@leachlaw.com. Tarrant County Trial Lawyers Association Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact John S. Jose at 817.288.8988. Tarrant County Young Lawyers Association 2015-2016 new Bar Year began September 1, 2014. if you need an application or meeting information, call 817.338.4092, email cindy@tarrantbar.org, or go to the website at tcyla. org. Texas Association of Defense Counsel Meets for lunch every 4th Wednesday at Angelo’s. Contact George Haratsis, McDonald Sanders, 817.336.8651 for more information.

Federalist Society’s Luncheon

n Thursday, July 9, 2015, the Federalist Society’s Fort Worth lawyers Chapter luncheon will feature a panel discussion of the most signiﬁcant decisions of the Supreme Court’s 2014-2015 Term. Aaron Streett, Chairman of the Baker Botts Supreme Court and Constitutional law and Practice Group, will moderate the panel. Cle credit is anticipated. The event starts at noon at the Ft. Worth Club. For further information including cost, call Diane Kozub at 817.807.2471 or email her at tarrantfedsoc@gmail.com. ■ United States District Judge Reed O’Connor http://www.txnd.uscourts.gov/judges/oconnor.html Aaron Streett, Chairman of the Baker Botts Supreme Court and Constitutional Law Practice Group http://www.bakerbotts.com/people/s/streett-aaron David Taylor, Assistant Professor of Law, SMU Law School http://www.law.smu.edu/Faculty/Full-Time-Faculty/Taylor.aspx Matthew Kacsmaryk, Deputy General Counsel, Liberty Institute https://www.libertyinstitute.org/pages/about/leadership-legal-team

Itâ&#x20AC;&#x2122;s all Happening

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July/August 2015

Law Day Solo and Small Firms Section April May

July/August 2015

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TCBA BulleTin

Lawyers on the Move & Susan Hutchison and Chris Stoy recently formed Hutchison & Stoy, PllC. Hutchison & Stoy, PllC is a Plaintiff’s firm that focuses primarily on labor and employment law, Personal injury and Civil Rights litigation. The law firm is located at 509 Pecan Street, Suite 201, Fort Worth, Texas 76012 and telephone number is 817.820.0100. Their emails are hutch@hsjustice.com and cstoy@hsjustice.com. Hampton & Associates, P.C. is pleased to announce its association with newly licensed attorney Ross Russell, a 2014 graduate of Texas A&M law School. Mr. Russell scored the highest score on the Texas bar exam of all December 2014 graduates and was recently honored for this accomplishment at the May 2015 A&M law School graduation. His practice primarily focuses on general civil litigation, oil and gas, environmental issues, real estate transactions, commercial transactions and litigation, and alternative dispute resolution. Mr. Russell can be reached by phone at 817.817.4202, by email at rrussell@hamptonlawonline.com, or in person at 1000 Houston Street, 4th Floor, Fort Worth, Texas 76102. Kelly Hart & Hallman is pleased to announce that Sean A. Bryan rejoins the firm as a partner in the Tax Practice Group. Mr. Bryan has handled complex tax matters for 25 years representing individuals, private business interests, and passive investors seeking limited liability. His primary

Mediation from Both Sides of the Practice

Elliott Garsek

■ Practiced law for more than 40 years ■ Negotiated and resolved numerous multi-million dollar transactions and disputes ■ Regularly listed as one of the nation’s top attorneys in publications such as The Legal News, Best Lawyers in America, Fort Worth, Texas Magazine, and Super Lawyers ■ Serves or has served on boards of directors for public and private institutions

■ Tried more than 40 cases before judges, juries, administrative panels, and arbitrators, and has argued before courts of appeals and administrative bodies ■ Litigated contentious multi-million dollar disputes and negotiated multi-million dollar transactions with some of the most arduous and difficult adversaries ■ Panelist serving as a neutral for mediations and arbitrations presented to, among others, AAA, National Arbitration Forum, Construction Dispute Christian Dennie Resolution Services, USCIB, LCIA, and American Health Lawyers DRS ■ Adjunct professor at Texas A&M University School of Law and Southern Methodist University Mediation and Arbitration Services located in the West 7th St. corridor in a modern space with ample parking 817.731.4500 ■ 920 Foch Street ■ Fort Worth, Texas 76107 ■ www.bgsfirm.com

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July/August 2015

in the News

practice involves the formation, structuring and maintenance of entities used in business transactions (including partnerships and limited liability companies, as well as corporations), and the tax aspects of business transactions. He can be reached by phone at 817.878.3579 or by email at sean.bryan@kellyhart.com. Mitchell Moses has joined underwood law Firm as a Shareholder in the Fort Worth office, which has grown to six attorneys in just over a year. Mr. Moses’ practice focus is commercial transactions and business litigation, mostly related to Real estate, energy, Mergers & Acquisitions and Corporate law — structuring partnerships and operating entities. He also devotes a significant amount of his practice to school and education law. Mr. Moses may be reached by phone at 817.885.7529. Lyndsay A. Newell, a 2012 Texas Wesleyan university School of law graduate, has joined The Barrows law Firm as an Associate. newell also holds a Master of Science in Child and Family Studies from The university of Tennessee – Knoxville. She specializes in family law. She may be reached by telephone at (817) 481-1583 or by email at lnewell@barrowsfirm.com. Cantey Hanger l.l.P.’s Partner, Mary Barkley has been appointed to the Texas Bar Journal Board of editors Committee. ■

Medi8withHughes.com John W. Hughes One of the nation’s most experienced and respected mediators. 817.291.4147

Texas Lawyers for Texas Veterans

Tarrant County Chapter

TLTV Holds April Clinic At New Location

TLTV Hosts General Practice CLE In May

exas lawyers for Texas Veterans – Tarrant County Chapter (“TlTV”) held its ﬁrst legal clinic at Tarrant County College’s Trinity River Campus on April 17, 2105. The clinic was located at the former RadioShack idea Store across from the Tim Curry Criminal Justice Center. The legal clinic served over thirty veterans or spouses of deceased veterans, and included volunteers from Tarrant County College, VetSuccess, MHMR of Tarrant County, and the VA’s Readjustment Counseling Services. TlTV extends its appreciation to Frost Bank for its sponsorship of the clinic and support of the program. “Frost Bank values the contributions of our veterans and the sacriﬁces they have made for our country. Frost appreciates the attorneys and volunteers involved with TlTV and all they do for our veterans in Tarrant County. By sponsoring [the April clinic], Frost Bank hopes that veterans will receive the proper legal help they need.” ■

On May 8, 2015, TlTV hosted a general practice Cle entitled “Street Smart Answers to ‘Routine’ Client Problems” at the TCBA Bar Center. Proceeds from the Cle will beneﬁt the TlTV program. Marvin Champlin, Champlin law Firm, organized the Cle and served as the moderator of the program. TlTV extends its appreciation to the Cle presenters who spoke on the following topics: Social Security: A Primer Trevin Ware, Legal Aid of Northwest Texas Criminal: Expunctions and Nondisclosures John Johnson, Law Office of Johnson & Johnson Litigation: Consumer Debt & Fair Debt Collections R. Lee Barrett, The Barrett Law Firm, PLLC Bankruptcy: Consumer and Small Business J .Michael McBride, J. Michael McBride, P.C. Landlord-Tenant: Common Issues Jeff Whitfield, Kelly Hart & Hallman LLP Employment: TWC Hearings/Appeals Rebecca Eaton, Whitaker Chalk Swindle & Schwartz, PLLC Family: Child Support Modification Issues Kim Naylor, Loveless & Naylor

TLTV Honors Long Time Committee Member and Volunteer At May Clinic TlTV held its May 19th legal clinic in honor of Tony Harris, a long time TCBA member and TlTV volunteer. Tony passed away peacefully at his home on May 4, 2015, with his wife by his side. He was instrumental in the development of TlTV’s program, and was at the ﬁrst meeting where TCBA members decided to form the pro bono program. Since then, Tony attended a number of legal clinics, advised countless veterans and spouses of deceased veterans, and served in leadership positions for the TlTV committee. Tony enjoyed an impressive legal career, including serving as the senior counsel and statutory receiver-liquidator for the State Board of insurance and as private corporate counsel at Harris & Associates. TlTV will miss its

steadfast volunteer and colleague, and will beneﬁt from his contributions for years to come. TlTV extends its sincere condolences and appreciation for Tony’s inﬂuence to his wife, Mariem Harris, and his family. As set out in his obituary, memorials in Tony and Mariem Harris honor of Tony may be made to Harris Methodist Foundation, leadership Fort Worth, Tarrant County Bar Foundation – TlTV, or a charity of choice. ■ July/August 2015 ■ TCBA BulleTin 17

Left to Right: Randy Turner and Steve Maxwell

The attorneys in the Fort Worth office of Bailey & Galyen have over 90 years of combined experience handling serious personal injury and wrongful death matters and are accepting attorney referrals including the following areas of practice: Auto & Trucking Accidents • Serious Personal Injury • Wrongful Death Product Liability • Construction Accidents • Oil & Gas Field Accidents 1300 Summit Avenue Suite 650 Fort Worth, Texas 76102 Phone: 817-276-6000

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National Adoption Day

A Celebration of Family!

arrant County held its annual national Adoption Day last year on november 21, 2014. The day was spent celebrating the adoption of 65 children out of the Department of Family and Protective Services foster care system and into their new “forever” family. The event was also a celebration of Judge (ret.) Jean Boyd’s tireless dedication and leadership of national Adoption Day over the past fourteen years. national Adoption Day Chair (2014) nancy Gordon presented Judge Boyd with a proclamation from the Commissioners’ Court for her efforts in promoting and making national Adoption Day in Tarrant County the success it continues to be. The event was held at the Family law Center. Seven judges graciously allowed the committee use of their courtrooms on the fourth floor to finalize all of the adoptions. A special thanks goes to the judges who donated their time that morning to finalize the adoptions for all the families– Judge John Chupp, Judge Jerome Hennigan, Judge Jesse nevarez, Judge Mike Sinha, Judge Tim Menikos, Judge Beth Poulos, Judge lindsay DeVos, Judge Cynthia Mendoza, Judge James Munford, and Judge nancy Berger. As each family finalized their adoptions, court employees, CASA advocates, CPS caseworkers, ad litems, volunteers, and of course family and friends were present to help celebrate their new forever family. The mothers received a rose donated by the Bob leonard law Group. in addition, each child adopted received an engraved necklace with the

child’s new name from Kube’s Jewelry Store. All of the children who attended national Adoption Day picked out a new stuffed animal and book donated by various organizations– Mahon inns of Court, Tarrant County Bar Association, Tarrant County Paralegal Association, Texas A&M university School of law, CASA of Tarrant County, and other community partners. each family also received a special tote bag. After the families finalized their adoption, they were given the opportunity to take their first official family photograph. local photographers Bo Parker and Michael Board donated their time for the event to help make it a special day for all. And, last but certainly not least, a special thank you to all the dedicated volunteers who helped set up and escort the families that day, the attorneys who volunteered their time to finalize the adoptions and help mentor the law students, the law students from Texas A&M university School of law, the caseworkers and CASA advocates, Cyndi Williams and her team from the District Attorney’s office, the national Adoption Day Planning Team and all those who supported national Adoption Day financially and with their time. We look forward to another fantastic event this year on november 20, 2015! if you would like any information on getting involved with national Adoption Day, please send an email to tarrantcountynad@gmail.com. ■ July/August 2015 ■ TCBA Bulletin 19

TVAS Provides Pro Bono Adoption Assistance for Foster Children

lowly and surely, with support of the Texas Bar Foundation and Tarrant County lawyers and judges, Tarrant County Volunteer Attorney Services (“TVAS”) has developed a pro bono program that assists low income families in adopting foster children in their care. TVAS initially started the pro bono program as a way to complement and assist National Adoption Day efforts in Tarrant County. With funding from the Texas Bar Foundation, TVAS has been able to create a system of pro bono volunteers, community partners, and resources available to volunteers and the public. TVAS, for example, is working with Our Community Our Kids (a division of ACH the Tarrant County Bar Foundation created Tarrant County Volunteer Child and Family Services) Attorney Services (TVAS) on its adoption project. Our with support from the Tarrant County Bar Association. Community Our Kids is the The TVAS mission is to encourage and recognize Single Source Continuum pro bono services performed by Tarrant County attorneys and to connect Tarrant County Contractor (SSCC) for the Texas Department of Family we may be ab le to attorneys with low income individuals and provide the leg al help. families who could not otherwise afford their and Protective Services (TDFPS) in Region 3b. in other Tarrant County Volunteer Att orney Service legal services. non-profit org s (TVAS) is a anization that offers pro bon eligible families words, after the recent redesign of the foster care system, o assistance for adopting foster TVAS also provides legal pro bono assistance children in Tar ran t Cou nty . This service to income eligible individuals in uncontested is made possibl Our Community Our Kids serves as the main administrae by a grant from the Texas Bar Fou divorces, simple wills and estates planning, ndation. For more info tor in managing the continuum of care for foster children rmation, call and provides assistance to parents filing TVAS (817)5464450 and leave uncontested applications of guardianships a message. in Tarrant and surrounding counties. TVAS’s program is on behalf of their young adult children. This assistance occurs through various legal clinics also intended to support the TDFPS in its promotion of throughout the year. foster care adoption. If you are interested in receiving pro bono assistance, call (817) 546-4450 and leave a TVAS would not be able to assist low income foster message with your area of families without the expertise and involvement of its pro interest. TVAS does not Tarrant County Volunteer Att have staff attorneys and orney bono volunteers. Susan Paquet, a partner with Brown Services relies on volunteers to @TVASFW http://www.tvas provide services. All doingourpart.co Pruitt, exclusively practices adoption law and has prom/ pro bono assistance vided TVAS with invaluable insight into the area of fosthrough TVAS is by application and requires ter care adoptions. eric Freeby, another attorney with prior approval of eligibility. Brown Pruitt, completed the first adoption on behalf of TVAS last year and enabled a foster family to adopt a young toddler in time for the Christmas holidays. Kellye Reeves, an attorney who Interested in Volunteering? has completed more than 300 adoptions in TVAS is holding its first general legal advice clinic her career, is also assisting a couple with this summer at Presbyterian night Shelter on the evethe adoption of an infant from the foster ning of Monday, July 20, 2015. Volunteer attorneys will care system. TVAS also extends its appreprovide free legal consultations to residents of the shelciation to its pro bono volunteers and the ter on a number of legal issues, including family law, Tarrant County family law judiciary supporting this program. The criminal law, social security benefits, and other general program was made possible by a grant from the Texas Bar Founcivil matters. TVAS will also need other volunteers to dation. Since its inception in 1965, the Texas Bar Foundation has assist on the night of the clinic or on Monday, July 13, awarded more than $15 million in grants to law-related programs. 2015 at Presbyterian night Shelter to provide initial cliSupported by members of the State Bar of Texas, the Texas Bar ent interviews and related intake tasks. All TCBA memFoundation is the nation’s largest charitably-funded bar foundabers, law students, paralegals, or legal staff are welcome tion. to participate in this activity. More information about foster care adoption can be found if interested, email Megan Cooley at megan@tarat http://www.ourcommunity-ourkids.org; http://www.nationrantbar.org. ■ aladoptionday.org; and http://www.dfps.state.tx.us.■

If you are considering adopting a foster child

and cannot afford it…

www.tarrantbar.org

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July/August 2015

In 2012,

Judge King from Probate Court #1 presides over a TVAS guardianship hearing.

A group of TVAS volunteers and clients after the guardianship hearing.

TVAS Guardianship Update On May 18th, two sets of parents from the TVAS guardianship pro bono clinic were approved as guardians for their young adult children. Judge King presided over the hearings, and the parents were accompanied by their

TVAS volunteer attorneys during the hearing process. Thank you again to Judge King, the staff of Probate Court #1, and all of the volunteers who made this ﬁrst event possible. ■

TVAS Holds Uncontested Divorce Clinic With LANWT On April 20, 2015, Tarrant County Volunteer Attorney Services (“TVAS”) and legal Aid of northwest Texas (“lAnWT”) held an uncontested divorce clinic that served over twenty low income individuals. Cantey Hanger sponsored the clinic, and Justice Sudderth and Judge Pittman welcomed the volunteers. Thanks to the following attorney volunteers who accepted pro bono cases from TVAS or lAnWT: Brooke Ulrickson Allen, Brown, Dean, Wiseman, Proctor, Hart & Powell, L.L.P. Theresa Berend, Berend & Lindsey, PLLC Lorrie Branson, The Branson Law Firm PC Dale Butler, Winstead PC J. Zach Burt, Bank of Texas Andrea Casanova, Law Office of Andrea Casanova Daniel Clanton, Law Offices of Daniel J. Clanton, P.C. Joseph Cole, Attorney at Law John Corbin, Law Offices of John Corbin Emily Cottingham, Law Offices of David Hart Shannon Dunlap, Shannon Dunlap Law, PLLC Joel Eckhardt, Mellina & Larson, P.C. Lisa Hart, Brandy Austin Law Firm, PLLC Erik Hudak, Law Offices of Erik Hudak Katherine Thomas Hopkins, Kelly, Hart & Hallman, LLP Deborah Anne Humpreys, Attorney at Law Jill Johnston, The King Law Firm Paul Kim, Barrett, Daffin, Frappier, Turner & Engel Megan Leger, Megan Leger Law, PLLC Christie Lindsey, Berend & Lindsey, PLLC Schyler Parker, Whitaker Chalk Swindle & Schwartz Kimberly Stoner, The Stoner Brock Law Firm Saba Syed, Jackson Walker LLP Rachel Wright, The JRA Firm

A special thanks to Jim loveless, loveless & naylor, who served as a mentor for the volunteer attorneys, along with Merrit Klapperich from lAnWT. TVAS also extends its appreciation to the paralegals, law students, and other volunteers for making the clinic a success: Philip Vickers (TVAS Co-Chair), Cantey Hanger Patricia LaRue (TVAS Co-Chair), Benenati Law Firm William Marple, LANWT Alexandra Esparza, LANWT Ellena Simmons, LANWT Freida Edwards-King, LANWT Ethan McNiff, Fidelity Jennie Piccolo, Fidelity Brent Rayner, Fidelity Cheryl Muise, Fidelity Diane Zubalsky, Fidelity Shawn Crawford, Texas A&M University School of Law Whitley Zachary, Texas A&M University School of Law Shelby Sellman, Texas A&M University School of Law Julie Sherman, Cantey Hanger Star Moore, N. Michael Kensel & JoAnn H. Means, Attorneys Doris Jackson, William S. Harris & Paul A. Conner, Attorneys Katrina Lea, BNSF Railway Frankie Gagnon, Linegarger Goggan Blair & Sampson LLP Jessica Acosta, Linegarger Goggan Blair & Sampson LLP

July/August 2015

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TCBA Bulletin

Downtown Arlington

TLIExperience

Excellent location for an attorney starting his or her practice. Because of our 35 years in the business, Texas Lawyers’ Insurance Exchange has been voted best professional liability insurance company in Texas four years in a row by Texas Lawyer magazine. That same experience and our exceptional employees are why TLIE is also a Preferred Provider of the State Bar of Texas. Not to mention, we have returned over $36,550,000 to our policyholders. See why experience makes the difference.

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For more information and photos, please find us on Facebook. Mike Yarber, President

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July/August 2015

@TLIE_

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Lawyer Referral and Information

News

Service

LRIS

celebrated another successful year! We made over 8,000 referrals to our panel members, increased our panel membership to 156 and exceeded our projected income from referral fees! if you were an lRiS member in 20142015 and have not ﬁlled out your 20152016 application, you will need to do that to get referrals. The last referral for 20142015 was given out June 30. if you have any questions, please contact the lRiS at 817.338.4092 or cindy@tarrantbar.org. There are a couple of changes for lRiS members for 2015-2016. The rate to join as a non-member has increased, but if you are a TCBA member, cost to join remains the same. Also, for lRiS attorney members who are late sending in their reports, a $20 re-up fee will need to be submitted with the past due report to get back into rotation. if you have any questions, please call or email us. ■

Advertisers’ Index Deborah Adame . . . . . . . . . . . . . . . . . . . . . . . . . 11 Bailey & Galyen Attorneys At law . . . . . . . . . .18, 24 Barlow Garsek & Simon, llP . . . . . . . . . . . . . . . . 16 The Collie Firm PllC . . . . . . . . . . . . . . . . . . . . . 28 Fort Worth J.S.B. Companies, inc. . . . . . . . . . . . . 16 John W. Hughes . . . . . . . . . . . . . . . . . . . . . 7, 16, 23 Frank R. Jelinke, Downtown Arlington . . . . . . . . 22 Juris Fabrilis . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Foster & east . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

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TCBA BulleTin

2015 -2016 Bar Year

Begins

he 2015–2016 TCBA Bar Year began July 1. Membership renewals have been emailed to current TCBA members with email addresses and mailed to others. invoices were also sent to ﬁrm administrators. Please check with your administrator to see if they have received the renewal invoices and if they have paid them before you submit payment. note: if you wish to continue to receive a hard-copy of the Bar Bulletin, please include an additional $20 with your invoice. All others will receive the e-Bulletin. We encourage everyone to re-join and get involved. The local bar association is only as good as the committees, sections, and members make it. We couldn’t do the award-winning programs that we do without YOu, the members. if you have any questions regarding your membership, please contact Cindy at the bar ofﬁce or email her at cindy@tarrantbar.org. Current memberships are good through September only. ■

When experience counts Attorney Paul Wieneskie, Bailey & Galyen’s Civil Appellate specialist, has been practicing appellate law in Texas for 32 years and has been Board Certified in Civil Appellate Law for the past 20 years by the Texas Board of Legal Specialization. recent Victories include: University of Texas M.D. Anderson v. Baker, 401 S.W.3d 246 (Tex. App.– Houston [14 Dist.] 2012, pet.filed); Settle v. George, 2012 WL 2923302 (Tex. App.-Fort Worth 2012, no pet.); In re Estate of Abernethy, 390 S.W.3d 431 (Tex. App.–El Paso 2012, no pet.); Smith v. Shofner Auto Repair, Inc., 2009 WL 975999 (Tex. App.-Fort Worth 2009, no pet.).

principal office: 1901 Airport Freeway Bedford, tx 76021 817-868-5500

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summit office: 1300 summit Ave. suite #650 Fort Worth, tx 76102 817-276-6000

July/August 2015

817-276-6000 www.texcivApp.com

In Memoriam In Memoriam In Memoriam A

nthony Gardner Harris, Sr. ,71, passed away peacefully at home on Monday, May 4, 2015 with his wife, Mariem at his side. Memorials may be made to Harris Methodist Foundation, leadership Fort Worth, Tarrant County Bar Foundation – Texas lawyers for Texas Veterans (TlTV) or a charity of your choice. Tony was born October 8, 1943, at Harris Methodist Hospital Anthony Gardner Harris, Sr. Fort Worth, which was founded in 1930 by his great-grandfather, Dr. Charles Houston Harris ii. Tony was family spokesman at the 75th Anniversary Celebration of the hospital hosted by Texas Health Resources in 2005. Most recently he was an active volunteer with Texas lawyers for Texas Veterans – Tarrant County Chapter. ■

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ra Orville “Doc” Whittenberg, Jr. passed away on Saturday, April 25, 2015. Memorials may be made to the Sierra Club. Doc served as a First lieutenant in the Air Force then worked for a career as a contract negotiator for Bell Helicopter. Doc was also a professor at the university of Dallas Graduate School of Management. Doc was very active in professional and service organizations including the na- Ira Orville “Doc” Whittenberg, Jr tional Contract Management Association, Toastmasters and various clubs related to sail boating, skeet shooting and golf. He was survived by his wife, emma Jo. ■

Tarrant County Bar Association-Fort Worth, Tx

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alendar of Events

Please visit our website for a complete list of upcoming events. www.tarrantbar.org

July/August 2015

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TEXAS ADVANCED PARALEGAL SEMINAR Saddle Up – for CLE – TAPS 2015 September 30 – October 2, 2015 Sheraton Hotel – Fort Worth, TX

The Paralegal Division of the State Bar of Texas is sponsoring the 2015 Texas Advanced Paralegal Seminar (TAPS) in Fort Worth, TX at the Sheraton Fort Worth Hotel on September 30 - October 2, 2015. You don't want to miss this event. Three days of CLE, Networking and meet and greet! Even an Exhibit Hall. There are grand prizes for TAPS 2015...$500 each. Details include pricing and speakers at www.txpd.org/taps. Over 60 substantive legal topics; vendor exhibit hall, welcome social, networking social, and attendee luncheon and door prizes galore! Justice David Keltner TAPS Luncheon Keynote Speaker Appellant Arguments: the Good, the Bad and the Ugly ►David Keltner is a partner with Kelly Hart. He is also a former Justice on the Texas Court of Appeals. Mr. Keltner has been lead counsel in over 100 appellate decisions. He obtained his B.A. from Trinity University and his J.D. from SMU Dedman School of Law. Mr. Keltner is Board Certified in Personal Injury Trial Law and Civil Appellate Law by the Texas Board of Legal Specialization. Mr. Keltner is on the Deans Advisory Council for Texas A&M University School of Law, as well as the Executive Board of SMU Dedman School of Law. He has served in numerous capacities for the State Bar of Texas and Tarrant County Bar Association. Mr. Keltner is currently President-Elect of the Tarrant County Bar Association. Ethical Considerations of Using Social Media During Voir Dire ►John Browning is a partner with Passman & Jones. He graduated with a BA in History and a BA in Comparative Literature from Rutgers University in 1986 and with a J.D. from UT School of Law in 1989. Mr. Browning is an Adjunct Professor of law at SMU Dedman School of Law. Mr. Browning has authored several books including The Lawyer’s Guide to Social Networking: Understanding Social Media’s Impact on the Law. Mr. Browning has written numerous articles and made numerous presentations. He also authors a weekly syndicated newspaper column “Legally Speaking”.

Grand Prize Sponsors Grand Prize Sponsors Beadles, Newman&&Lawler Lawler Beadles, Newman Cantey Hanger, LLP Cantey Hanger, LLP Law ce of ofRickey RickeyBrantley Brantley Law Offi Office Tarrant County County Bar Tarrant BarAssociation Association 26

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Creative Possession Schedules ►Stephen Naylor is with the Law Office of Stephen J. Naylor, PLLC. He graduated summa cum laude with a BBA in Management and a J.D. from Texas Tech University. Mr. Naylor is Board Certified in Family Law by the Texas Board of Legal Specialization. He is also a Professor at Texas Christian University. Mr. Naylor is a member of the American Academy of Matrimonial Lawyers. He has authored numerous articles and given numerous presentations. FMLA & FLSA – What Every Paralegal Needs to Know ►Caroline Harrison is a partner at Cantey Hanger, LLP. She graduated summa cum laude with a B.A. from UTA and cum laude with a J.D. from Texas Wesleyan University School of Law. Ms. Harrison is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. Ms. Harrison was named a 2015 Rising Star by Texas Monthly Magazine. ►Lu Pham is a partner at Cantey Hanger, LLP. He graduated with a B.A. from UTA and a J.D. from UT School of Law. Mr. Pham was named a Texas Super Lawyer in 2014. Ms. Harrison & Mr. Pham represent employers in disputes with former employees, and assist employers in a variety of areas including anti-discrimination, retaliation law, non-compete and non-solicitation agreements, FMLA and FLSA.

July/August 2015

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Classiﬁed

Advertising

Employment Opportunities

Fort Worth law firm seeking attorney with at least 3 years of Real estate experience. Please send resume and salary requirements to asincleair@bamolaw.com. Fort Worth office of national transportation firm seeking litigation associate with 5-7 years of experience. First chair trial experience in personal injury/insurance defense cases preferred. Familiarity with transportation law a plus. Strong research and writing skills are required. Submit resume, references, and a writing sample via email to emahoney@ scopelitis.com. Office Manager for Mid Sized Law Firm - Growing twooffice, 6 attorney, 11 employee law firm seeking office manager. Duties will include bookkeeping, payroll, managing marketing for the firm, managing equipment and supplies, managing personnel, implementing office procedures, and operating day-to-day business of the firm. experience in the legal field is preferred. Should be QuickBooks proficient. looking for motivated candidates who will grow with the firm. Offices in Burleson and Fort Worth. Salary negotiable with performance-based bonus. Benefits include access to 401k and firm contributes to health care. Some travel between offices will be required. Contact clovelace@lovelacekillen. com with resume. Mid-size, full service law firm with offices in Fort Worth and Dallas is seeking a Marketing Director. Must have Bachelor’s Degree and 5+ years’ experience in the professional services industry. Position will work in both Fort Worth and Dallas offices and be responsible for overseeing Firm’s business development and marketing efforts. Must have excellent writing and editing skills, attention to detail, and adherence to highest professional and social standards. Please send resume and contact information to tarrantbar@ gmail.com. Mid-size, full service law firm with offices in Fort Worth and Dallas is seeking a real estate attorney with a portable book of $300,000+. Please send resume and contact information to tarrantbar@gmail.com.

Space For Lease in the historic

Tindall Square Office Complex in Downtown Fort Worth

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Parking available Up to 10,000 square feet of office space available with rates starting at $18.50 psf. Current office tenant base includes attorneys, private investment firms and accountants. Executive suites for attorneys available, call for details. Secure record storage facility conveniently located on site with rates as low as $120/month Within walking distance to local restaurants and Sundance Square Office Space and Record Storage Space Available Immediately

Contact Debara Herring ■ 817.632.6364 dherring@rochester-group.com 505 Pecan Street, Suite 101 ■ Fort Worth, Texas 76102

GRIEVANCE DEFENSE When your license, livelihood, and reputation are at stake

Mid-size, full service law firm with ofﬁces in Fort Worth and Dallas is seeking a corporate attorney with expertise in entity formation, M&A, private equity/venture capital ﬁnancing, securities (including SeC reporting compliance), and corporate governance matters. Candidates must have a portable book of $300,000+. Please send resume and contact information to tarrantbar@gmail.com.

Firm For Sale Fort Worth Immigration Law Firm For Sale - A Fort Worth immigration law firm seeks to sell its solo practice to an experienced and capable individual or firm. The current owner is retiring. excellent client base built primarily by satisfied client referrals and a superior experienced staff. Backlog plus excellent opportunity for continued growth. For more information email immigrationfirm@outlook.com. 28

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GRIFFIN W. COLLIE 2514 BOLL STREET DALLAS, TEXAS 75204 214.484.4323 PHONE www.grievancedefensefortworth.com

BAR BULLETIN • July/August 2015 Tarrant County Bar Association 1315 Calhoun Street Fort Worth, Texas 76102-6504 ADDRESS SERVICE REQUESTED

PRESORTED STANDARD U. S. POSTAGE PAID FORT WORTH, TX PERMIT 1807

If any of your contact information is incorrect, please submit your corrected information to the TCBA office at 817.338.4092, fax to 817.335.9238 or e-mail to tcba@tarrantbar.org

TCBA Member Benefits Vendor List

TCBA members may take advantage of discounts provided by the following vendors: ABA Retirement Funds program provides full-service 401(k) plans to benefit the legal community. To learn more, contact local rep. Jacob Millican at 817.451.5020 or visit www. abaretirement.com. AMO Office Supply offers TCBA members the lowest price guaranteed on office supplies, with next-day delivery and free shipping! Call 800.420.6421. Falcon Litigation Solutions offers discounts on copying, litigation displays, trial boards, etc. Call 817.870.0330. Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed materials—business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817.577.0572. Fort Worth Zoo, discount tickets - $9.50 adult, $6.50 for child or senior. For tickets, contact cindy@tarrantbar.org or 817.338.4092. If mailing or charging tickets, add 50 cents. Sprint offers 15% off the monthly service. For info, contact cindy@tarrantbar.org or 817.338.4092. UPS - TCBA has signed an agreement with UPS for TCBA members to receive discounts on shipping. The discounts vary according to the type of shipment, but check out UPS for your needs. www.ups.com or 1.800.PICK.UPS. For IT help: Juris Fabrilis-Cool Tools for Lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101. For Shredding and Document Disposal: Magic Shred is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Expanco is N.A.I.D. AAA-Certified document-destruction service offering 40% off to TCBA members. Call TCBA office for details on both.