Tarrant County Bar Association Bar Bulletin (September/October 2018)

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Bulletin September/October 2018

Tarrant County Bar Foundation

Advocates for

Justice

Luncheon

The Advocates for Justice Luncheon highlights the impact of the Bar Foundation’s work in Tarrant County and celebrates the Bar Foundation’s Fellows, volunteers, and community partners.

Keynote Speaker: Judge Don R. Willett United States Court of Appeals for the Fifth Circuit

Monday, September 24, 2018

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11:30 AM - 1:00 PM

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Fort Worth Club


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President’s Page

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n my first column, I mentioned lawyers w ho were mentors of mine. Last month, I lost another mentor, Judge Don Leonard. Judge Leonard was judge of Criminal District Court 3 in Tarrant County from 1983 until his retirement in 2002. That year, the Tarrant County Bar Association awarded Judge Leonard By LANCE EVANS the Silver Gavel Award for his outstanding judicial service. Judge Leonard was born and raised in Waco, where his father was a police officer and later a bailiff in the McLennan County Courthouse. He went to Tarleton State University, and graduated from the University of Texas School of Law. He was happily married to his wife, Judy, for 62 years, and loved spending time with his daughters, grandchildren and great grandchildren. At age 25, Judge Leonard was appointed municipal judge for the City of Fort Worth, where he served from 1963 to 1966. He then entered private practice in civil, criminal and family law from 1966 to 1982. From what I know about Judge Leonard’s practice, I always considered him a modern day equivalent of a “wagon yard lawyer,” and I mean that as the highest compliment. For those who don’t know, the wagon yard in Fort Worth was exactly what the name implies: a large lot near the old courthouse where people coming into town to conduct business would park their wagons. It was ringed by shops and offices, many of which were occupied with solo practitioners. These lawyers prided themselves in representing everyday people in whatever matter they needed help with. Often their clients were by no means rich, and the wagon yard lawyers represented most of the people accused of crimes back then. Many of Judge Leonard’s clients were also by no means rich, and he fought hard to protect their rights and interests. He carried these experiences with him to the bench, and it made him a better judge. His election was a great example of the community of lawyers in Tarrant County working together for the betterment of justice. Judge Leonard’s predecessor was regarded as a man without judicial temperament. He treated most who appeared before him with disrespect, and prosecutors and defense attorneys felt that he was unqualified for the bench. The criminal bar got together and ran two opponents against

the incumbent. All of the people who are Republicans today were Democrats back then, and Judge Leonard beat the incumbent in the Democratic primary and went on to win the bench. (Don’t feel sorry for his opponent in the general election; I happen to know him and things worked out just fine). He then went on to become one of the most respected criminal judges ever to preside in Tarrant County. Judge Leonard’s experiences in private practice helped make him the judge that he was. He was compassionate and respectful to all defendants who appeared before him, even one who threatened to kill him. (More about that later.) He treated everyone with respect—victims, defendants, and the families of both. Judge Leonard was blessed with a sharp sense of humor. He loved to laugh and tell stories in his slow Texas drawl, and it was great fun to stop by and visit when he was not in trial. He tried many very serious offenses, including a number of capital murder cases. Naturally, tensions would run high between lawyers on both sides as well as witnesses, but things rarely got out of control because of Judge Leonard’s even temperament. He was adept at using his sense of humor to defuse a tense situation with a funny comment. One of the more famous incidents in Judge Leonard’s career involved James Bigby. Mr. Bigby was on trial for capital murder. During a break in the trial, Bigby was able to get behind the bench and grab Judge Leonard’s pistol out of a drawer. He then ran into Judge Leonard’s office and pointed the gun at the judge's head. Bigby was trying to take Judge Leonard as a hostage, and said, “let’s go, Judge!” Rather than comply, Judge Leonard grabbed Bigby’s arm and pushed the gun up above his head. As the two men struggled, Robert Mayfield, then a prosecutor with the Tarrant County District Attorney’s Office, now the judge of County Court at Law Number One in Johnson County, jumped into the fray and helped disarm Bigby. There is no doubt that Judge Leonard was a man of courage. I’m glad I’ve never had to find out what I would do in a similar situation. Judge Leonard’s true depth of character is better exemplified by what happened later at another hearing for Mr. Bigby. Judge Leonard was called as a witness against Mr. Bigby. Elizabeth Berry, Judge Leonard’s successor as Judge of Criminal District Court, #3, had this to say about Leonard’s testimony: “I’ll never forget him coming to testify in the re-trial of James Bigby. Keep in mind, this was the man who had stolen his gun and held it to his head in his chambers in order to escape during his previous trial. When Judge Leonard entered the courtroom, everyone stood, CONTINUED ON PAGE 3

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Contents

Features 9 Advocates for Justice Luncheon 20 National Pro Bono Week 32 TCYLA Charity Golf Tournament

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2018-2019 Officers

President's Page YLA Snapshot Calendar of Events 100 Club Judicial Profile - Judge Patricia Baca Bennett A Word From Our Sections Lawyer Referral & Information Service News CLE Corner Tarrant County Volunteer Attorney Services Texas Lawyers for Texas Veterans Snippets Lawyers on the Move & in the News Membership Report In Memoriam Benefits of Membership It's All Happening Around the Bar Vendor List Other Associations' News & Information

Advertiser's Index

Directors Term Ends 2019

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Deborah Adame.........................................................17 Dispute Resolution Services.......................................21 Juris Fabrilis...............................................................28 KoonsFuller......................................Inside Front Cover Law Offices of Jason Smith.............................................31 Law Offices of Steven C. Laird, P.C..............................16 LawPay....................................................................17 Moses, Palmer & Howell, L.L.P....................................28 National Process Service.............................................28 Parker Law Firm.........................................................14 Red Mass Committee..................................................13 Tarrant County Probate Bar Association......................31 Texas Lawyers' Insurance Exchange..............Back Cover The Law Office of Cynthia Kent Maragoudakis, PLLC...21 The Law Office of Greg Jackson, PLLC........................29 Tindall Square Office Complex.....................Back Cover Varghese Summersett PLLC.......................................19 2 www.tarrantbar.org

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817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org

President..............................................Lance Evans President-Elect.....................................John Cayce Vice President................................Gary L. Medlin Secretary-Treasurer..............Kimberly Naylor

Departments 1 4 5 6 8 11 13 17 18 18 22 26 27 30 33 34 35 35

Tarrant County Bar Association

Director.................................Susan Hutchison Director...............................Jason C. N. Smith Director...............................Tennessee Walker

Term Ends 2020

Director.....................................Cody L. Cofer Director.................................Veronica C. Law Director..............................................Lu Pham

2018-2019 Appointed Directors

Appointed Director..................Karen Denney Appointed Director....................Scott Lindsey

Tarrant County Young Lawyers Association Fall 2018 President...............................Rob Henry Spring 2019 President...............Martin Garcia Immediate Past President..............Nick Bettinger Executive Director..........................Megan Cooley Ex-Officio Members State Bar of Texas Director...............................Gary L. Nickelson Director........................................Steve Naylor Bar Bulletin Editor..............................................John F. Murphy Graphics/Production..................Elizabeth Banda The Tarrant County Bar Bulletin is a bi-monthly publication of the Tarrant County Bar Association. Articles, photos, suggestions or comments should be directed to: elizabeth@tarrantbar.org 1315 Calhoun Street ▪ Fort Worth, TX 76102-6504 Deadline for submission: December 1........................................January/February February 1...................................................March/April April 1...............................................................May/June June 1.............................................................July/August August 1..........................................September/October October 1.....................................November/December 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. Advertisements and feature articles should not be considered an endorsement of any service, product, program, seminar or event.


CLE Membership Luncheon Tuesday, September 11

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CITY CLUB

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11:45 AM - 1:00 PM

“The Addicted Lawyer” GUEST SPEAKER: BRIAN CUBAN Attorney, Author, and Activist

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rian Cuban, the younger brother of Dallas Mavericks owner and entrepreneur Mark Cuban, is a Dallasbased attorney, author and addiction recovery advocate. He is graduate of Penn State University and University of Pittsburgh School of Law. Brian has been in long term recovery from alcohol, cocaine and

bulimia since April of 2007. His first book, Shattered Image: My Triumph Over Body Dysmorphic Disorder, chronicles his first-hand experiences living with, and recovering from, twenty-seven years of eating disorders, and Body Dysmorphic Disorder (BDD). Brian’s most recent, best-selling book, The Addicted Lawyer, Tales of The Bar, Booze, Blow, & Redemption, is an un-flinching look back at how addiction and other mental health issues destroyed his career as a once successful lawyer and how he and others in the profession redefined their lives in recovery and found redemption. Brian has spoken at colleges, universities, conferences,

CONTINUED FROM PAGE 1 including Mr. Bigby. Although Judge Leonard had been called by the State to testify, and told the story of what happened to him, he did so with humor and compassion, as he did all things. He didn’t do it out of spite or revenge or with hate in his heart. That is the kind of judge people stand for out of respect, not obligation. Out of admiration, not intimidation." There are many other examples of Judge Leonard’s compassion and caring for those who worked with him and who appeared before him—too many to list here. Almost everyone who practiced in his court benefited from listening to and watching him. He knew people, but he also knew the law, and he tried to be fair to both sides, State and

and non-profit and legal events across the United States and in Canada. Brian has appeared on prestigious talks shows such as the Katie Couric Show as well as numerous media outlets around the country. He also writes extensively on these subjects. His columns have appeared and he has been quoted on these topics on CNN.com, Foxnews.com, The Huffington Post, Above The Law, The New York Times, and in online and print newspapers around the world The luncheon is hosted by the Tarrant County Bar Association. It will be held at City Club on Tuesday, September 11, 11:45 am. City Club is located at 301 Commerce Street (2nd floor) in downtown Fort Worth. Cost for lunch is $26 for members with reservations and $31 for guests and those without reservations. Dress is business casual—suit and tie not required. To make reservations, please contact Sherry Jones at 817.338.4092 or sherry@tarrantbar.org. For directions to the location, please visit the City Club website at www.cityclubftw.com. g

Generously Sponsored by:

defendant (although defense attorneys were not thrilled when he would overrule their 403 objections with “Well, counsel, of course it’s prejudicial, that’s why they’re offering it!”). I was assigned to his court as a prosecutor and his advice was invaluable to me as I learned to try serious criminal cases. Because of his wisdom and experience, he knew what jurors would do with particular facts and he would share that experience. After trial he would sit and visit in his folksy way about things that were done right, and mistakes were made. It was a great learning experience, not only about how to try a case, but also about how to treat people. He had the courage to do what he thought was right, without concern for what others would say. I will miss Judge Leonard greatly. g

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YLA Snapshot Rob Henry, President TCYLA

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CYLA has a brand-new slate of Officers and Directors for this upcoming year and I have the unenviable task of following my very good friend Katherine Hopkins as President of TCYLA. Katherine did an amazing job over her term implementing new changes to both the structure and governance of TCYLA. Thanks, Katherine, for all your hard work. It is very evident that TCYLA is stronger than it has ever been. I am a Fort Worth native and a graduate of Arlington Heights High School. I obtained both my undergraduate degree and law degree from Texas Tech. After law school I moved back to Fort Worth and began practicing. For the past six years I have worked with my father Mike Henry, Robert Hammer, and my brother Jay Henry. We have a broad civil litigation practice ranging from all types of Plaintiffs' work to complex commercial litigation. I have been involved with TCYLA for almost a decade now. Through my involvement I have met some amazing people and developed great friendships. But more than that being involved with TCYLA has made me realize what a great legal community we have here in Tarrant County. I really do want to make an effort over the course of the next year to continue to increase our membership and maintain our welcoming atmosphere. Currently our membership is 360 attorneys who live or work in Tarrant County and the surrounding area. Our membership is open to all attorneys that have been in practice for ten years or less. Whether it is one of our monthly happy hours, luncheons at Reata, or community service projects, we want to get everybody involved. If you are an attorney new to the area or have been thinking about getting involved and just not sure how, please contact me at robert@henrytexlaw.com. I strongly believe that the main role of TCYLA is to promote the legal profession through service and goodwill to the community. Accordingly, community service is always at the forefront of our organization. We value our partnerships with organizations such as the Fort Worth ISD, Cook Children’s Hospital, Union Gospel Mission, Habitat for Humanity, Ronald McDonald House, and Tarrant County Food Bank, just to name a few. If you are involved with a charity or community organization that you think we could get involved with, please let me know. We really do take pride in the work we do in the community. I am also excited about being able to serve with such a talented group of Officers and Board of Directors. The new slate of officers and directors includes Martin Garcia, President Elect;

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Paul Elkins, Secretary/Treasurer; and Directors Adam Simmons, Andrea Palmer, Lindsay Daniel, Aulstin Gardiner, Lauren McDonald, Brian Singleterry, Shelby White, Matthew Meyer, Mike Schneider, and Kolter Jennings. Not only is this a great group of directors, but they are representative of the broad range of professional backgrounds that we have here in Tarrant County. This past month, our annual Back to School Back Pack drive was a huge success. TCYLA was able to provide every incoming Kindergartener and First Grader at Kirkpatrick Elementary school with a brand new back pack for the start of the school year. Included in the back pack were school supplies and toiletries. This project has been headed up by outgoing board member Clark Rucker for the past two year, and he has always knocked it out of the park. Clark, thanks for all of the great work you did on the Board. You will definitely be missed! There are a couple of upcoming events I would like to highlight. First, TCYLA’s 2018 Fall Fête will be held Thursday, September 13, 2018, at Bird Café in Sundance Square. Fall Fête serves as our chance to drive up membership, welcome new young attorneys, and allow our members and sponsors to network with members of the Tarrant County Judiciary. For more information on Fall Fête please feel free to contact me or Matt Meyer at MMeyer@bplaw.com. Also, the Tarrant County Bar/Tarrant County Young Lawyer’s Golf Tournament will be Monday, October 15, at Mira Vista Country Club with a 1:00 pm shotgun start. All proceeds raised benefit the Tarrant County Bar Foundation. Sponsorships are available starting at $450, and the individual-golfer entry fee is $150. The early favorite is the Barlow Garsek & Simon team led by golf superstars Judd Pritchard and Zack Garsek. But rumor has it that the Patterson Law Group has arranged for Fort Worth Invitational Champion Justin Rose to play as their 4th. For more information about sponsorships and signing up for this event please contact me or Adam Simmons at ASimmons@hfblaw.com. Lastly, I want to give a special thanks to the amazing staff we have at the Tarrant County Bar Offices, especially Megan Cooley and Lauren McKnight. There is no way we would be able to have this wonderful organization without all of the great work you all do. Again, I am very excited to be the President of TCYLA for this upcoming year. We really do have an awesome group of young lawyers in this community and I really do encourage everybody to come out and get involved. If you ever have any questions or suggestions, please feel free to reach out to me. n


Calendar of Events September 2018 3 Labor Day Holiday Office Closed 6 LegalLine 6:00 pm - 8:00 pm, TCBA Office 11 CLE Membership Luncheon 11:45 am, City Club “The Addicted Lawyer” Speaker: Brian Cuban 13 Solo & Small Firms Section Luncheon 12 pm, Petroleum Club “Tips for Practicing in Tarrant County” Speaker: Tom Wilder 14 Brown Bag Seminar 12:30 pm - 3:45 pm, TCBA Office 3 hours CLE in Ethics 18 Real Estate Section Luncheon 12 pm, City Club “Developing Affordable Housing in Fort Worth” Speakers: Mary-Margaret Lemons from Housing Solutions, Vicki Ganske from the City of Fort Worth, and Jeffrey Chesnut from the Underwood Law Firm 20 Fort Worth Business & Estate Section Luncheon 10:30 am – Advanced Session; 11:30 am – Lunch; 12 pm – Presentation, City Club “Hot Topics in Estate Planning” Speakers: Steve Akers, Mike Bourland, John Porter, and Lee Schwemer

October 2018 2 Business Litigation Section Luncheon 12 pm, City Club Speaker: Judge R.H. Wallace 5 Federal White Collar Seminar 8:30 am - 5:00 pm, Frost Tower 9 TVAS Uncontested Divorce CLE 3:00 pm - 5:00 pm, TCBA Office (Free) 11 Energy Law Section Luncheon 12 pm, Fort Worth Club 11 LegalLine 6:00 pm - 8:00 pm, TCBA Office Light meal served at 5:30 pm; volunteers needed 12 Brown Bag Seminar 12:30 pm - 3:45 pm, TCBA Office Family Law 15 Bankruptcy Law Section Luncheon 12 pm, Capital Grille 16 Labor & Employment Law Section Luncheon 12 pm, City Club 16 TVAS Uncontested Divorce Clinic 5:00 pm - 8:00 pm, TCBA Office 18 Fort Worth Business & Estate Section Luncheon 11:30 am, City Club

20 Construction Law Section Luncheon 12 pm, TCBA Office

18 Construction Law Section Luncheon 12 pm, TCBA Office

20 LegalLine 6:00 pm - 8:00 pm, TCBA Office

23 Tax & Estate Planning Section Luncheon 11:30 am, Petroleum Club

25 Tax & Estate Planning Section Luncheon 11:30 am, Petroleum Club, Cannon Financial Teleconference

25 LegalLine 6:00 pm - 8:00 pm, TCBA Office

25 Last Tuesday CLE 1:00 pm - 4:00 pm, TCBA Office 3 hours CLE in Ethics

30 Last Tuesday CLE 1:00 pm - 4:00 pm, TCBA Office 3 hours CLE in Ethics

26 Appellate Law Section 12 pm, City Club

Please Remember

26 Intellectual Property Law Section 12 pm, Petroleum Club

2018-2019 membership dues must be paid no later than October 1, 2018. Contact Membership Director Lauren McKnight for more information at 817.338.4092 or lauren@tarrantbar.org.

27 Transition to Practice - Preparing for Trial: A Primer on Discovery, Deadlines & Admissions of Evidence 11:30 am - 1:00 pm, TCBA Office Retired Judge Dana Womack, Mike Schneider (Schneider Law Firm)

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Members of the 2018-2019

100 Club

*List Reflected Below is as of August 24, 2018 Adams, Lynch & Loftin, P.C. Albert Neely & Kuhlmann, LLP Allmand Law Firm, PLLC Anderson & Riddle, LLP Baker Monroe, PLLC Barlow Garsek & Simon, LLP Blaies & Hightower, LLP Bonds Ellis Eppich Schafer Jones, LLP Bourland, Wall & Wenzel, P.C. Brackett & Ellis, P.C. Broude, Smith, Jennings, & McGlinchey P.C. Brown, Dean, Proctor & Howell, LLP Bruner & Bruner, PC Cantey Hanger, LLP City Attorney's Office - Fort Worth Curnutt & Hafer, LLP Dawson Parrish, P.C. Decker Jones, P.C. Dowell Pham Harrison, LLP Forshey Prostok, LLP Friedman, Suder & Cooke, P.C. Gordon & Sykes, LLP Griffith, Jay & Michel, LLP Harris, Finley & Bogle, P.C. Harrison Steck, P.C. Haynes and Boone, LLP Holland, Johns & Penny, LLP Jackson Walker, LLP Kelly Hart & Hallman LLP KoonsFuller, P.C. Lacy, Malone, Ryder & Steppick, PLLC To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more members and attains 100% TCBA membership compliance for the 2018-2019 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

Law, Snakard & Gambill, P.C. Legal Aid of NorthWest Texas Linebarger Goggan Blair & Sampson, LLP Lively and Associates, PLLC Loe, Warren, Rosenfield, Kaitcer, Hibbs, Windsor, Lawrence & Wolffarth, P.C. Martinez Hsu, P.C. McDonald Sanders, P.C. Mellina & Larson, P.C. Moses, Palmer & Howell, LLP Murphy Mahon Keffler & Farrier, LLP Naman, Howell, Smith & Lee, PLLC Nelson Bumgardner, P.C. Noteboom Law Firm Padfield & Stout, LLP Pappas Law Group, P.C. Phelps Dunbar, LLP Second Court of Appeals Stephens, Anderson & Cummings, LLP Taylor Olson Adkins Sralla & Elam, LLP The Berenson Firm The Blum Firm The Colaneri Firm, P.C. Thompson & Knight, LLP Underwood Law Firm, P.C. Varghese Summersett, PLLC Watson, Caraway, Midkiff & Luningham, LLP Whitaker Chalk Swindle & Schwartz, PLLC Wick Phillips Winstead, P.C. 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 on July 1; if you have not paid your renewal invoice, contact our Membership Director Lauren McKnight at 817.338.4092 or email her at lauren@tarrantbar.org. g



By Perry Cockerell

Judicial Profile

Judge Patricia Baca Bennett

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n 2016, Judge Patricia Baca Bennett won the Republican primary and general election and was sworn into office on January 1, 2017. She is now in her second year as Judge of the 360th District Court. As a wife and mother raising a special-needs child, she has brought her own distinctive style to running her court. Judge Bennett softens the courtroom experience for the litigants when they enter her courtroom located on the fourth floor of the Tarrant County Family Law Center. Stuffed animals are placed in the jurors’ chairs, and she keeps a Treasure Chest—originally built by the Lena Pope Home— full of stuffed animals in her jury room for National Adoption Day. On the wall outside of her clerk’s office are collages of photos of adoptions dating back to the beginning of the 360th District Court that show happy parents with former judges and colleagues from her court during adoption days, including former Judges Catherine Adamski Gant, Sue Koenig, Justice Debra Lehrmann, and Mike Sinha. Judge Bennett was born in Albuquerque, New Mexico, and was the seventh child of Benjamin and Marie Baca. At age four, her family moved to Fort Worth when her father was transferred with the U.S. Army Corp of Engineers. She grew up in the Wedgewood section of Fort Worth, where she graduated from St. Andrew Catholic School and Southwest High School. She received her Bachelor of Arts in Political Science from the University of Texas at Arlington. While in college, she was a member of the Honor Society and was awarded scholarships for her work with the debate team when she won fourth in the National Novice Division. In 1994, she graduated from Texas Tech School of Law, where she was a writer and a member of the editorial board for the Texas Bank Lawyer. After graduation, she moved to Fort Worth and set up her solo practice on Eighth Avenue in an office building that included other attorneys who were her colleagues. In 1996, she married Richard Bennett, and the marriage has produced two sons. Marcus Bennett, age 14, will be attending Nolan Catholic High School, and Matthew Bennett, who is now age 12, attends school in Mansfield. Matthew is a

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nonverbal autistic child. In 2000, Richard decided to study law and graduated from Texas Wesleyan University Law School in 2003. After his graduation, Richard continued to work as an Executive Vice-President and Chief Compliance Officer for an investment firm in Fort Worth. He continued to work in compliance until he and Judge Bennett decided to set up their law practice together in 2010. “Because Matthew is nonverbal, unlocking his knowledge has been difficult. That was why it was so important to be self-employed, where we could both have that flexibility.” During her 21-year legal career, she became Board Certified in Family Law by the Texas Board of Legal Specialization. She was honored by the Tarrant County Family Lawyers, who gave her an award for challenging the Texas Supreme Court’s promulgation of divorce forms. She believes these forms create a false sense of security in the effectiveness of the forms. “Divorce is a legal process involving those things most important to people: their children and their property. I see many cases in which people do not understand the forms, and they are creating future problems and future litigation that can be far more expensive than it would have been to hire an attorney for an uncontested divorce.” In 2016, she decided to run for the 360th District Court because “it was something that I wanted to do to bring a positive difference to the court.” Transitioning from solo practitioner to judge was a novel experience for her. Though familiar with the courthouse and the docket as an attorney, her views have changed now that they come from a judge’s perspective. At the time she assumed office, the court had over 3,000 cases. It has now been reduced to 2,700 cases, and she has also reduced the time it takes to set a case for final trial on the merits. After her election, she experienced a large number of motions for modification and jury trial demands, but, eventually the cases were resolved, and only one of the cases actually went to a jury trial. She likes attorneys to see if they can stipulate to exhibits “instead of having to go through each photograph.” The more the attorneys can communicate pretrial, the more efficient the trial. This saves the Court’s time and the litigants’ money. She believes attorneys should instruct their clients on how to behave in the courtroom because many do not realize how they come across. Too often she sees litigants making faces, and attorneys do not realize this goes on while sitting right beside their clients. CONTINUED ON PAGE 13


Tarrant County Bar Foundation

The Advocates for Justice Luncheon highlights the impact of the Bar Foundation’s work in Tarrant County and celebrates the Bar Foundation’s Fellows, volunteers, and community partners.

Monday, September 24, 2018

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11:30 AM - 1:00 PM

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Fort Worth Club

Keynote Speaker: Judge Don R. Willett United States Court of Appeals for the Fifth Circuit

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on Willett serves on the United States Court of Appeals for the Fifth Circuit. Before that, he served twelve years on the Supreme Court of Texas. A native Texan (and former rodeo bull rider), Judge Willett has devoted his professional life to public service, serving as counsel to a Texas Attorney General, a Texas Governor, a U.S. Attorney General, and the President of the United States. Raised by a widowed mom in a town of 32 people (so small the town square had only three sides), Judge Willett is his family’s

first college graduate. He earned a triple-major B.B.A. from Baylor University and then three degrees from Duke University: J.D. with honors, A.M. in political science, and LL.M. in Judicial Studies. After law school, he clerked for Judge Jerre S. Williams on the U.S. Court of Appeals for the Fifth Circuit, and then practiced law at Haynes and Boone, LLP. Judge Willett publishes widely and speaks frequently throughout the country. He is a Senior Lecturing Fellow at Duke University School of Law and will soon be the Jurist in Residence at J. Reuben Clark Law School at Brigham Young University. The former editor in chief of Judicature, Judge Willett is a member of the American Law Institute and a Life Fellow of the American, Texas, and Austin Bar Foundations. He and his radiant wife, Tiffany, are the exhausted cofounders of three wee Willetts. g

Individual tickets for the luncheon cost $150

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Tables will seat 10 persons.

Deadline for Sponsorship is Monday, September 10.

For more information, please visit https://tarrantbar.org/advocates-justice-luncheon/.

Sponsorships are still available; contact Megan Cooley at 817.338.4092. $10,000 Champion of Justice: includes a table at the luncheon, prominent placement in all brochures and sponsorship material, and a law student fellowship named for you or your organization. $7,500

Soldier of Justice: includes a table at the luncheon, recognition in all brochures and sponsorship material, and named sponsorship of a legal clinic held by Texas Lawyers for Texas Veterans - Tarrant County Chapter in 2017.

$5,000

Guardian of Justice: includes a table at the luncheon, placement in all brochure and sponsorship material, and named sponsorship of a general advice, family law, or wills and estate clinic held by Tarrant County Volunteer Attorney Services in 2017.

$2,500

Patron of Justice: includes a table at the luncheon and recognition in all brochures and sponsorship material.

$1,250

Supporter of Justice: includes a one-half table at the luncheon and recognition at the luncheon.

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Tarrant County Volunteer Attorney Services "TVAS"

TVAS Needs Volunteers for an

Uncontested Divorce Clinic

Tarrant County Volunteer Attorney Services (TVAS) is a pro bono community service program under the Tarrant County Bar Foundation.

Tuesday, October 16, 5:00 p.m. - 8:00 p.m. at the TCBA Bar Center Contact Melissa Sircar if you are interested in volunteering at 817.338.4092 or melissa@tarrantbar.org

Free CLE for TVAS Volunteers & TCBA Members Uncontested Divorce CLE

Tuesday, October 9, 3:00 p.m. - 5:00 p.m. at the TCBA Bar Center Contact Melissa Sircar if you are interested in volunteering at 817.338.4092 or melissa@tarrantbar.org 10 www.tarrantbar.org

â–Ş SEPTEMBER/OCTOBER 2018


. . . And Now a Word

From Our Sections

The Tarrant County Bar Association has several sections that hold a variety of events throughout the year. If you are interested in joining a section, please contact the section chair of your choice, or contact Sherry Jones at 817.338.4092 or sherry@tarrantbar.org for more information. Alternative Dispute Resolution Dan Paret, Brown Pruitt Wambsganss Ferrill & Dean, P.C. 817.338.4888 – dparet@me.com Dues: $25

Environmental Law Garrett Martin, K&L Gates 817.347.5025 – garrett.martin@klgates.com Dues: $15

Appellate Joe Greenhill, Kelly Hart & Hallman LLP 817.878.3594 – joe.greenhill@kellyhart.com Dues: $25

FW Business & Estate Kelly Hein, Rylander, Clay & Opitz LLP 817.332.2301 – khein@rcosolutions.com Dues: $45 for attorneys

Bankruptcy Letty Evans, Bailey & Galyen 817.359.7030 – levans@galyen.com Dues: $50 Business Litigation Christian Tucker, Friedman, Suder & Cooke 817.334.0460 – tucker@fsclaw.com Dues: $30 Collaborative Law Diane Wanger, Diane M. Wanger, P.C 817.285.2855 - diane@familylawtex.com Dues: $20 Construction Law Stephanie Harrison, Harrison Steck, P.C. 817.348.0400 – stephanie@harrisonsteck.com Dues: $30 Corporate Counsel Eric Alexander, Ben E. Keith Company 817.877.5700 – ebalexander@benekeith.com Dues: $20 Criminal Law Brad Clark, The Clark Firm, P.C. 817.332.7739 - fwlawyer@swbell.net Dues: $15 Energy Law Tim Howell, Moses, Palmer & Howell, L.L.P 817.255.9100 - thowell@mph-law.com Dues: $20

Intellectual Property Law Cheryl Leb, Kelly Hart & Hallman LLP 817.878.3547 – cheryl.leb@kellyhart.com Dues: $25 International & Immigration Law Francis Nathan, Nathan Law PLLC 817.935.8008 – fnathanjd@gmail.com Dues: $20 Labor & Employment Law Danielle Needham, Bell Helicopter 817.280.6519 – dneedham@bh.com Dues: $20 Real Estate Law Jessica Sangsvang, City Attorney’s Office 817.392.6285 – jessica.sangsvang@fortworthtexas.gov Dues: $15 Solo & Small Firms Chris Neal, The Neal Law Firm 817.545.6100 – cneal@neallawfirm.com Dues: $20 Tax & Estate Planning Levi Dillon, Bourland, Wall & Wenzel, PC 817.877.1088 – ldillon@bwwlaw.com Dues: $35 Women Attorneys Kelly Decker, Decker Poole, PLLC 817.348.9060 – kelly@deckerpoole.com Dues: $30

SEPTEMBER/OCTOBER 2018

▪ TCBA BULLETIN 11


Transition to Practice: “Preparing for Trial – A Primer on Discovery, Deadlines & Admission of Evidence” September 27, 2018 11:30 AM - 1 PM TCBA Office

FREE

1.5 HOUR CLE for TCBA Members

Learn about the Transition to Practice program, including available mentors and networking opportunities. Lunch will be provided. $25 for Non-Members 11:30 am - 12:15 pm - “Preparing for Trial: A Primer on Discovery, Deadlines and Admission of Evidence”

Retired Judge Womack will cover civil pre-trial matters, including discovery, depositions, and deadlines.

12:15 - 1:00 pm - “Offering & Admitting Evidence”

ike Schneider (Schneider Law Firm) will discuss the rules and procedures for offering and M admitting evidence.

RSVP with Lauren McKnight at lauren@tarrantbar.org.

Texas Lawyers for Texas Veterans Tarrant County Chapter Thank you to Lockheed Martin for sponsoring October's Free Legal Advice Clinic For Veterans.

12 www.tarrantbar.org

▪ SEPTEMBER/OCTOBER 2018


CONTINUED FROM PAGE 8 She likes to set her cases for mediation 60 days prior to trial and will double-book her days if she believes one of the cases will settle. She has her own pretrial scheduling order and pretrial conference. Because there are so many cases waiting for trial, the Judge believes it is important not to have days where the courtroom is empty. “The biggest thing I see attorneys do is that they get so involved in the lawsuit, they forget that there are children involved. It can get very personal to the litigants. I want to get them away from the litigation mode and try to help them find a way to love their children more than they hate each other and get things resolved.” The Associate Judge for the 360th District Court is Matthew Riek. Judges Bennett and Riek attended Texas Tech School of Law and are both Board Certified in Family Law. They share a common judicial philosophy. g

Lawyer Referral & Information Service

T

News

hanks to our Lawyer Referral & Information Service members for paying $143,516.00 in referral fees for the 2017-2018 bar year. g

Friday, November 16, 2018 8:30 a.m. Tarrant County Family Law Center

I

t’s that time of year again! On National Adoption Day, we will celebrate and help place children from the foster care system with new forever families. If you are interested in volunteering at the event, please visit www.tarrantcountynad.com to sign up! Please donate stuffed animals in the bins located at the Tarrant County Bar office, the Family Law Center’s lawyer’s lounge, and the lobbies of all of the courthouses. If you are interested in making a financial contribution, please email tarrantcountynad@gmail.com.

SEPTEMBER/OCTOBER 2018

▪ TCBA BULLETIN 13


We add value to your We add value to your client relationships! client relationships! expert and highly respected attorney in field your field AsAs anan expert and highly respected attorney in your of law, clients look to you for the best counsel possible of law, clients look to you for the best counsel possible about their specific legal needs. So for those important about their specific legal needs. So for those important personal injury issues lie outside of your experpersonal injury issues thatthat maymay lie outside of your expertise, place your valued clients incapable my capable hands. tise, place your valued clients in my hands. My My firm give them personal attention deserve firm willwill give them thethe personal attention they they deserve and keep youyou fullyfully informed as the progresses. We We and keep informed as case the case progresses. honor all all referral agreements. honor referral agreements.

Trust us us to to treat your personal injury referral with with Trust treat your personal injury referral the same care and tenacity as you would. the same care and tenacity as you would. amboard board certified certified in I Iam in Personal PersonalInjury InjuryTrial TrialLaw Law with the Texas Board of Legal Specialization. with the Texas Board of Legal Specialization.

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Volunteers Needed for High School Mock Trial Mock Trial Competition Date (Tentative) Saturday, January 12, 2019 www.texashighschoolmocktrial.com

T

housands of high school students from across the state participate each year in this highly motivating, energetic, and challenging academic competition! The program provides a great way for students to gain an “insider’s view” of our judicial system, plus, they gain confidence speaking in front of others and have a lot of fun at the same time. The competition is open to all high school students—public, private and home school. Former participants say that the benefits of preparation and participation in the mock trial program are well worth the time and effort spent. Through a grant from the Tarrant County Bar Foundation, the Eldon B. Mahon Inn of Court hosts the regional

high school mock trial for schools in Region 11 of the Texas Education Agency’s districts. On January 12, 2019, high school teams will compete at the mock trial competition at the Family Court Building. Attorney volunteers are needed to serve as judges of the mock trial competition for semi-finals on Saturday, January 12, and the final round on Friday, January 18. General volunteers are also needed to help work behind the scenes at the competition. g

To volunteer, or for more information, contact: elizabeth@tarrantbar.org.

News From The State Bar of Texas Annual Meeting

T

he State Bar of Texas held its Annual Meeting on June 21-22 in Houston. The following Tarrant County Bar Association members were involved with the Annual Meeting: Gerald Pruitt, Fort Worth City Attorney's Office, received the TYLA's 2018 Outstanding Mentor of Texas Award. Hon. Debra H. Lehrmann, Justice, Supreme Court of Texas, spoke to the Child Protection Law Section on "Overview of the New Child Protection Law Section." Gary Nickelson, Law Office of Gary L. Nickelson, spoke to the Family Law Section on "Pepto Bismol Moments." Randy Turner, Law Offices of Randall E. Turner, PLLC, spoke to the Animal Law Section on "A Review of the Laws Surrounding Service, Assistance, and Emotional Support Animals."

Save the Date for Next Year

State Bar of Texas Annual Meeting 2019 June 13-14, 2019 JW Marriott | Austin, TX

The Tarrant County Bar Association was selected to receive the Stars of Texas Bars Award for Overall Newsletter and recognized at the Bar Leaders Recognition Luncheon. g

From Left: Trey Apfell (State Bar Executive Director), Elizabeth Banda (Communications Director), and Megan Cooley (Executive Director)

SEPTEMBER/OCTOBER 2018

▪ TCBA BULLETIN 15


Steve Laird

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CLE

Corner

Sherry Jones Associate Executive Director

H

appy Fall Y’all! The CLE Committee has been hard at work planning the Brown Bag Seminar Series events. Mark your calendars for the following dates: September 14 – Ethics, 12:30–3:45pm, TCBA Office October 12 – Family Law Issues, 12:30–3:45pm, TCBA Office November 9 – Juvenile Law, Noon–4:30pm, Juvenile Detention Center, 2701 Kimbo Road If anyone is interested in joining the committee, please contact me at the bar office so you can be added to the committee list and begin participating. We appreciate all of our volunteers. g

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SEPTEMBER/OCTOBER 2018

▪ TCBA BULLETIN 17


Tarrant County Volunteer Attorney Services Pro Bono Coordinators Needed!

D

o you coordinate pro bono cases at your firm? Are you the pro bono coordinator for your bar section? Would you like to partner with Tarrant County Volunteer Attorney Services (TVAS) for your pro bono efforts? TVAS is currently looking at new pro bono opportunities

for 2019. So if you answered yes to any of these questions, please contact Melissa Sircar, Pro Bono Programs Director at melissa@tarrantbar.org or Julie Sherman, TVAS Committee Co-Chair at jsherman@canteyhanger.com to discuss opportunities. g

TLTV and TVAS to hold a joint Heroes Wills Clinic Save the Date/Volunteers Needed! Volunteers will be needed to assist with will preparation.

Heroes Wills Clinic

Thursday, November 8, 2018 | 3 PM - 7 PM Texas A&M University School of Law

For more information, please contact Melissa Sircar, Pro Bono Programs Director at melissa@tarrantbar.org. g

Texas Lawyers for Texas Veterans Tarrant County Chapter Thank you to Gardner & Smith, PLLC for sponsoring September's Free Legal Advice Clinic For Veterans.

18 www.tarrantbar.org

â–Ş SEPTEMBER/OCTOBER 2018



N

National Pro Bono Week (October 21-27)

ational Pro Bono Week is celebrating its 10th anniversary! Each year during October, lawyers from around the nation participate in events intended to promote legal services for the public good. Tarrant County Bar Foundation is proud to join in offering events for volunteer attorney, paralegals, law and college students to celebrate Pro Bono Week. This year’s celebration will focus on disaster resiliency activities. 2017 was a record-breaking year for disaster across the United States. However, even before a disaster strikes, there are steps lawyers and people can take to prepare for TVAS Uncontested Divorce Clinic October 16, 2018 5-8pm Tarrant County Bar Association Sponsored by Cantey-Hanger

and better withstand the impact of a disaster. This year in keeping with the disaster resiliency theme, Tarrant County Bar Foundation will offer a CLE on disaster preparation followed by a Texas Legal Answers Clinic. Please join us for this or one of our other events listed below celebrating National Pro Bono Week. If you participate in pro bono activities during National Pro Bono Week, please take the opportunity to highlight your efforts by using #celebrateprobono and #probonotx on social media.

Pro Bono Raises the Bar

TLTV Clinic October 19, 2018, 2-5pm TCC- Northwest Campus Sponsored by Lockheed Martin

LegalLine October 25, 2018 6-8pm Tarrant County Bar Association Disaster Resiliency CLE October 26, 2018 12:30-4:00pm Tarrant County Bar Association Texas Legal Answers Clinic October 26, 2018 4-6pm Tarrant County Bar Association

20 www.tarrantbar.org

â–Ş SEPTEMBER/OCTOBER 2018


The Tarrant County Bar Foundation

At Work

T

he Tarrant County Bar Foundation thanks the many Bar Association members who donated to the Bar Foundation when joining or renewing their membership with the Bar Association. The generous support allows the Bar Foundation to support programs in the legal profession and community at large, including:

$2,500 Grant to CASA of Tarrant County The grant covers costs of training supplies needed to train CASA volunteers on how to advocate for the Tarrant County community's abused and neglected children with the latest evidence-based interventions.

$6,500 Grant to Eldon B. Mahon Inn of Court The grand supports the Annual High School Mock Trial Competition. g

SEPTEMBER/OCTOBER 2018

â–Ş TCBA BULLETIN 21


Snippets

Civil and Criminal

Co-Editor Judge Carey Walker, County Criminal Court No. 2

by Judge Bob McCoy g County Criminal Court No. 3

ASK JUDGE BOB

Judge Bob, what is the Texas Citizens Participation Act (TCPA)? The [TCPA] protects citizens who [associate,] petition or speak on matters of public concern from retaliatory lawsuits that seek to intimidate or silence them. That protection comes in the form of a special motion to dismiss, subject to expedited review, for “any suit that appears to stifle the defendant’s” exercise of those rights. Youngkin v. Hines, 546 S.W.3d 675, 679 (Tex. 2018).

ASK JUDGE BOB (AGAIN) Judge Bob, what is the Small Bill?

Generally speaking, the Small Bill confirmed and ratified title to the patentees, awardees and their assignees of patents which had been issued and outstanding for a period of ten years prior to March 3, 1929 . . . and which patents and awards were to lands lying across or partly across water courses or navigable streams, and including the beds of such navigable streams. Bush v. Lone Oak Club, LLC, 546 S.W.3d 766, 769 (Tex. App.—Houston [1st Dist.] 2018).

MOSES’ AND RAMSES’ MONTHLY PARAPROSDAKIAN (a figure of speech in which the

latter part of a sentence or phrase is surprising or unexpected; frequently humorous) Why does someone believe you when you say there are four billion stars but check when you say the paint is wet.

Moses

THE DANES’ QUOTE OF THE MONTH I’ve seen a look in dogs’ eyes, a quickly vanishing look of amazed contempt, and I am convinced that basically dogs think humans are nuts. —John Steinbeck

Ramses

CRIMINAL ITEMS OF INTEREST 1. Fifth Amendment Rights

To protect the privilege against self-incrimination guaranteed by the Fifth Amendment, police may not conduct a

22 www.tarrantbar.org

▪ SEPTEMBER/OCTOBER 2018

custodial interrogation of a suspect who has requested the assistance of counsel. Once an individual in custody invokes his right to counsel, “interrogation ‘must cease until an attorney is present.’” Thus, statements made in response to further police-initiated questioning without the presence of an attorney are inadmissible, even if made after the suspect is again advised of his rights. Gaitan v. State, 533 S.W.3d 19 (Tex. App.—Corpus Christi 2016).

2. Search and Seizure

Pursuant to the automobile exception, officers may conduct a warrantless search of an automobile readily capable of being used on a public highway (1) if there is probable cause to believe that a crime has been committed; (2) if there is probable cause to believe contraband is located in the vehicle; and (3) “where it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought.” Elrod v. State, 533 S.W.3d 52 (Tex. App.—Texarkana 2017).

3. Ineffective Assistance of Counsel

When claiming ineffective assistance for failing to object, an appellant must demonstrate that if trial counsel had objected, the trial court would have committed error by overruling the objection. Gauna v. State, 534 S.W.3d 7 (Tex. App.—San Antonio 2017).

4. Consensual Encounter with Police

“A consensual encounter takes place when an officer approaches a citizen in a public place to ask questions, and the citizen is willing to listen and voluntarily answers.” When a person voluntarily consents to a search, an exception to the Fourth Amendment’s general prohibition on warrantless searches exists. “These encounters remain consensual so long as a reasonable person would feel free to ‘disregard the police and go about his business.’” Warden v. State, 534 S.W.3d 81 (Tex. App.—San Antonio 2017).

5. Right to be Present During Voir Dire

“Within the scope of the right of confrontation is the absolute requirement that a criminal defendant who is threatened with loss of liberty be physically present at all phases of proceedings against him, absent a waiver of that right through defendant’s own conduct.” Texas statutory law provides even further proceedings against him, absent a waiver of that right through defendant’s own conduct.” Texas statutory law provides even further protection by


stating that the accused has an absolute right to remain in the courtroom until the jury has been selected. Thus, a defendant possesses an absolute and unwaivable right to remain in the courtroom until the conclusion of jury selection. Smith v. State, 534 S.W.3d 87 (Tex. App.—Corpus Christi 2017).

ter’ by reading language into them,” we must make logical inferences when necessary “to effect clear legislative intent or avoid an absurd or nonsensical result that the Legislature could not have intended.” Castleman v. Internet Money LTD., 546 S.W.3d 684, 688 (Tex. 2018).

6. Search and Seizure

6. Lack of Subject-matter Jurisdiction

The Fourth Amendment protects against unreasonable searches and seizures. Under the privacy theory, a person has standing to contend that a search or seizure was unreasonable if (1) he has a subjective expectation of privacy in the place or object searched, and (2) society is prepared to recognize that expectation as “reasonable” or “legitimate.” State v. Martinez, 534 S.W.3d 97 (Tex. App.—Corpus Christi 2017).

7. Expunction

“The right to expunction is neither a constitutional nor common-law right, but rather a statutory privilege. The burden of proving compliance with the statute rests solely with the petitioner.” To be entitled to expunction, it is the petitioner’s burden to establish that all statutory requirements have been satisfied. Strict compliance with the statutory procedures is required, and the trial court commits reversible error if it fails to comply. Ex parte Barham, 534 S.W.3d 547 (Tex. App.—Texarkana 2017).

CIVIL ITEMS OF INTEREST 1. Judgment

Judgment without or against a jury verdict is proper at any course of the proceedings only when the law does not allow reasonable jurors to decide otherwise. JPMorgan Chase Bank v. Orca Assets G.P., 546 S.W.3d 648, 653 (Tex. 2018).

2. Open Acreage

“Open” acreage is real property the lessor has not yet leased— an interest in land to which the lessor has good title and that is available to be leased. JPMorgan Chase Bank v. Orca Assets G.P., 546 S.W.3d 648, 654 (Tex. 2018).

Lack of subject-matter jurisdiction generally bars a court from doing anything other than dismissing the suit. . . . When a court lacks jurisdiction over the claims asserted in a declaratory-judgment action, however, it still has the power to award attorney’s fees. . . . A court likewise may impose sanctions when it lacks subject-matter jurisdiction. Holcomb v. Waller County, 546 S.W.3d 833, 838 (Tex. App.—Houston [1st Dist.] 2018).

QUOTE OF THE MONTH

Blood is thicker than evidence. —Charles Laughton to Tyrone Power, Witness for the Prosecution (1957)

LEGAL QUOTE OF THE MONTH Law-makers should not be law-breakers. —Anonymous

OLD NEWS

Fort Worth Aviation History Two young men, flying a reconditioned Ryan monoplane named Fort Worth, set a world aviation endurance record May 27, 1929, by staying aloft for 172 hours, 32 minutes. Reg Robbins and Jim Kelly circled our city for eight days. During the flight, Kelly had to crawl out of the cockpit four times each day on a catwalk to lubricate the engine. In another aviation first, the Ryan refueled in midair with the help of a Midland Oil Co. plane. Robbins and Kelly took turns napping in a Navy hammock strung across the back of the aircraft’s cramped interior. The only injury occurs when Robbins fell out of the hammock onto one shoulder. g

3. Arbitration

Common-law grounds for vacating an arbitration award are exceedingly narrow and do not include an arbitrator’s mere error in applying the law. Jefferson City v. Jefferson Constables, 546 S.W.3d 661, 674 (Tex. 2018).

4. Attorney Immunity

An attorney is immune from liability to nonclients for conduct within the scope of his representation of his clients. Put differently, an attorney may be liable to nonclients only for conduct outside the scope of his representation of his client or for conduct foreign to the duties of a lawyer. Youngkin v. Hines, 546 S.W.3d 675, 681 (Tex. 2018).

5. Statutory Interpretation

While “it is not for courts to undertake to make laws ‘bet-

SEPTEMBER/OCTOBER 2018

▪ TCBA BULLETIN 23


TARRANT COUNTY BAR ASSOCIATION PRESENTS Brown Bag

Seminar Series

Family law matters OctOber 12, 2018 Join us for CLE credit at Tarrant County Bar Association Office, 1315 Calhoun Street, Fort Worth Moderator: Anita Cutrer, Hoppes & Cutrer, LLC

Noon

Check In

12:30 pm

DRO and Custody Issues Christie Glenn, Executive Director, Tarrant County Domestic Relations Office

1:00 pm

Temporary Orders Associate Judge Lori DeAngelis, 325th District Court

1:30 pm

Mediation in Family Cases Jennifer Caldwell, Jennifer M. Caldwell, P.C.

2:00 pm

Break

2:15 pm

Characterization of Marital Property- Including Tracing Lisa Hoppes, Hoppes & Cutrer, LLC

2:45 pm

Wiretapping Mike Schneider, Schneider Law Firm

3:15 pm

Judicial Panel Judge Judith Wells, 325th District Court, Judge Jesse Nevarez, 231st District Court, Judge Jerry Hennigan, 324th District Court

3:45 pm

Adjourn

3 hours of CLE credit requested (This program will be videoed for showing throughout the year.)

----------------------------------------------------------------------------------------------------------Brown Bag Registration: October 12, 2018

_____ $70 TCBA Member

_____ $95 non-TCBA Member

_____ Brown Bag Season Pass Holder

_____ $35 TCBA Member Staff

_____ $12 for a boxed lunch

Add $5 if registering after October 10 Please complete this form and return to the TCBA office at 1315 Calhoun Street, Fort Worth, Texas 76102 with a check payable to TCBA or with credit card information. If you have questions, please call Sherry Jones at 817-338-4092 (Fax: 817-335-9238). Name: ___________________________________________________________ Phone: _________________________ Firm: ____________________________________________________________ Fax: ___________________________ Address: _____________________________________________________________ Billing Zip: _____________ Method of Payment: _____ Check

_______ Check Number

______ MC

______ Visa

_____ Am Ex

Credit Card Number ________________________________________________ Expiration ______________________ Name on Card _____________________________________________________ Security Code ___________________


Support The Tarrant County Bar Foundation on North Texas Giving Day

S

AVE THE DATE for the ninth annual North Texas Giving Day on September 20, 2018. On September 20, individuals can support the Bar Foundation community and pro bono programs by visiting NorthTexasGivingDay.org and making a donation on the Tarrant County Bar Foundation’s profile page. Every gift of $25 or more will go further thanks to bonus funds and prizes being distributed by the Communities Foundation of Texas. Gifts made to the Tarrant County Bar Foundation on North Texas Giving Day will increase its ability to support community programs like LegalLine, the People’s Law School, and the Elder Law Handbook. Gifts will also allow

the Tarrant County Bar Foundation to continue to devote resources to the two pro bono programs supported by the Tarrant County Bar Association’s volunteers: Texas Lawyers for Texas Veterans–Tarrant County Chapter (TLTV) and Tarrant County Volunteer Attorney Services (TVAS). These programs provide legal education to the Tarrant County community and free legal resources to veterans and lowincome residents in Tarrant County. Please share this giving opportunity among your colleagues, friends, and law firms. For more information, please contact Megan Cooley at megan@tarrantbar.org. g

Give on North Texas Giving Day and your donation will be multiplied!

Donors can schedule their North Texas Giving Day gifts early. Simply go to NorthTexasGivingDay.org between September 10 and September 19, and you will be able to schedule your gift to the Bar Foundation! SEPTEMBER/OCTOBER 2018

▪ TCBA BULLETIN 25


Welcome New Members of the TCBA: ATTORNEYS Robert Ahdieh Christopher Albert Jeremy Albrecht Eric M. Albritton Nimroz Ali Sean Caporaletti Victoria Collins Elizabeth Cuneo Alberto Diaz Andrew Etter Claire Fore Nicholas Gerner Ryan C. Hall Brandon E. Herrmann Samuel P. Johndroe Joe Dallan Johnson Shawn A. Latchford Marissa LePak Gabrielle Mathis Christie Merchant Mitchell Monthie Donald Moore E. Lee Morris Jennifer Murphy Jeff Slattery David Small Lauren Welch Andrew J. Wright

STUDENTS Christian Albuquerque Christine Chasse Mitchell Kyle Crook John Christopher Fronk Lauren Hadley Meina Heydari Cassandra Hoehle Alexandra Irwin

26 www.tarrantbar.org

Lawyers on the Move & Keith Ogle is now in the Civil Division of the Tarrant County Criminal District Attorney's Office, 401 W. Belknap Street, 9th Floor. Brackett & Ellis, P.C. is pleased to announce the recent addition of Jeffrey M. Tillman to our firm. Mr. Tillman joined Brackett & Ellis as an associate. Mr. Tillman’s practice primarily consists of general litigation, commercial litigation, and insurance defense. KoonsFuller Family Law is pleased to announce the new location of our Southlake office, now located at Granite Place at Southlake Town Square, 550 Reserve Street, Suite 450, Southlake, Texas 76092, 817.481.2710. To learn more about us, visit koonsfuller.com. Southlake attorney Leslie Barrows’ legal practice, the Barrows Firm, was named the 2018 Southlake Chamber of Commerce Small Business of the Year during the organization’s annual gala and awards banquet on Thursday, June 21. Leslie serves on the Chamber’s board of directors and executive committee and is a 2018 graduate of Leadership Southlake. In addition to serving on the Carroll ISD Education Foundation board, she has also served the Tarrant County Bar Association, chairing or co-chairing Tarrant County Adoption Day three times. She was named 2013 Metroport Teen Judge of the Year and received its Values Award in 2015 for her dedication.

▪ SEPTEMBER/OCTOBER 2018

in the News

Wm. Aulstin Gardiner, previously with Allen & Weaver, PC, accepted a position with the Tarrant County Criminal District Attorney’s Office in the Child Protective Services division. Megan Goor, of The Brender Law Firm, has been named the President-Elect for the Paralegal Division of the State Bar of Texas.

David E. Keltner, of Kelly Hart and Hallman LLP, has received the 2018 Chief Justice Jack Pope Professionalism Award, which the Texas Center for Legal Ethics presents annually to a judge or lawyer who personifies the highest standards of professionalism and integrity in appellate law. The Pope Award is named for former Texas Supreme Court Chief Justice Jack Pope, one of the Texas Center for Legal Ethics’ founders and the first individual to receive the Award in 2009. g If you are a TCBA member and would like to place an announcement in the Bar Bulletin, we would like to hear from you. Please submit information by email to elizabeth@tarrantbar.org.


F

Membership Report

all is on the horizon! I hope everyone had a great summer and is getting ready for the start of college football season. We hope that you have taken the time to plug in at the bar this year. We hosted technology-focused events in January, celebrated our members at the 50 Year Lawyer Luncheon and Women in the Law Luncheon in February, and celebrated the Tarrant County Court Staff members that help our legal community run efficiently in March. April held the 14th Annual People’s Law School, final Transition to Practice CLE luncheon and the 25th Annual Bench Bar Conference. May gave new attorneys the opportunity to be sworn in by the Second Court of Appeals Justices and held the annual Blood Drive, saving 189 lives this year! June provided members the opportunities to take advantage of their membership benefits through the bar. July 1, 2018 marked the beginning of the 2018-2019 Bar Year. Outstanding invoices were mailed out at the beginning of July. If you cannot find your invoice, please feel free to send me an email at lauren@tarrantbar. org. If you have not already renewed, make sure you renew now to avoid missing out on our upcoming events. We look forward to another great year with new CLE, events and programs, as well as the established programs and events you enjoy each year. The TCBA and DBA partnered for an Evening at the Races on Thursday, July 19 at Lone Star Park. This sold-out event was a great networking opportunity for both the DBA

and the TCBA. The TCBA hosted its second Breakfast with the Judiciary on August 17. Law students and lawyers with less than 10 years of practice were able to network with members of the Tarrant County Judiciary and hear about bar services related to their stage of practice. A special thank you to the more than fifteen members of the Tarrant County Judiciary that were able to stop by and spend time networking with our members! Our second Membership Luncheon of the bar year will be held on September 11 at City Club from 11:45-1:30 PM. This is a great opportunity to network with members and hear from an accredited speaker. Don’t forget to RSVP for this luncheon via our website. Our first Transition to Practice Luncheon of the year will be held on September 27 from 11:30-1:00 PM at the TCBA Office. Retired Judge Womack and Mike Schneider will speak on, “Preparing for Trial:A Primer on Discovery, Deadlines & Admission of Evidence.” This event is free for all members. Please RSVP at on our website or email lauren@tarrantbar.org. Pro-Bono Week is the week of October 21-October 27. Be on the lookout for opportunities to attend free CLE presentations on disaster resiliency. As always, thank you for your continued support of the Tarrant County Bar Association. We hope to see you at an event soon! g

Jamie Madison Jessica Mason Alexis R. K. McIntyre John Michael Minahan Lora Naismith Elizabeth Sheehan-Vela Cameron Squires Rachel Traxler Nina Zamora

ASSOCIATES Opeyemi F. Akinlade Kate Casey Brynn Bemis Scott Deke Justin M. Lauderdale R. Ryan Rider Anna SaintClair

PARALEGALS Linda Dalton Kay Lain Shannon Taylor

Lauren McKnight Membership Director

Save the Date

Bench Bar Conference XXVI

April 5 - 7, 2019 Horseshoe Bay Resort SEPTEMBER/OCTOBER 2018

▪ TCBA BULLETIN 27


28 www.tarrantbar.org

â–ª SEPTEMBER/OCTOBER 2018


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In Charles B. Harris 1928-2018

C

harles Brady Harris, 90, died in Fort Worth on Tuesday, July 24, 2018. “Charlie,” as he was known, was the fourth son of Sam and Frances Harris of Georgetown. In 1945, after high school, Charlie left to become a 16-year-old freshman at Texas A&M. While a senior at A&M, he met a pretty redhead from Austin, Clarolyn Frances Cramer. He and Clarolyn were married in 1949, two weeks after he finished A&M. He and Clarolyn enjoyed 69 years of marriage until her death in 2018. Three children were born to their marriage, Martha, Clark, and Laura, and all of them and their father and mother were blessed with a loving and caring family. Upon graduation from A&M, Charlie was commissioned as a second lieutenant in the Army. He served for six years on active duty and an additional 18 years in the Army Reserve, from which he was retired as a lieutenant colonel. He was especially proud of his service as an Army aviator, flying artillery spotter planes in the Korean War. After his active duty, Charlie attended the University of Texas School of Law. In 1977, he and Dee Finley Jr. and two secretaries, formed the Harris & Finley law firm. The firm is now known as Harris, Finley & Bogle, one of the largest law firms in Fort Worth. Charlie loved the practice of law and continued to work until his death. He enjoyed mentoring young lawyers and played a leading role in many activities designed to better the profession, particularly those related to oil and gas law. In 1997, he received the prestigious Blackstone Award from the Tarrant County Bar Association in recognition of his "consistent ability, integrity and courage as a lawyer." Charlie and Clarolyn enjoyed many weekends at their ranch west of Fort Worth. Many hours were spent tending to cattle, as well as simply passing time on their front porch with Charlie often telling one of his many stories. He had many additional interests flying airplanes, the Texas Aggie Corps of Cadets Association, Aggie football, traveling the interior of Mexico, painting, backyard grilling and playing 42. He spent his life learning and often said books were some of his best friends. History books were his favorites. Charlie Harris was a man of integrity and high standards who left an impression on many people's lives. Charlie was preceded in death by his wife, Clarolyn; his mother; father; and three brothers, James of Shreveport, and Sam and Jack of Georgetown. SURVIVORS: His children, Martha Harris of Dallas, Clark C. Harris of Austin, Laura H. Beverly and husband, J.W. Beverly; his grandson, Evan H. Beverly of Bellaire; special friend of the family, Karla Nails; many nieces and nephews; and many friends. g Published in Star-Telegram on July 29, 2018

30 www.tarrantbar.org

▪ SEPTEMBER/OCTOBER 2018

Memoriam Don Leonard 1937-2018

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he Honorable Judge Don Leonard, retired judge of the Texas State Criminal District Court Number Three of Tarrant County, passed away Tuesday, July 24, 2018. Don was born Dec. 7, 1937, to Albert and Jessie Leonard and was raised in Waco, Texas. He attended Tarleton College and went to the University of Texas in Austin, where he received a degree in business administration and a Doctor of Jurisprudence degree. After law school, he moved his family to Fort Worth to work as an assistant city attorney and then became a municipal court judge from 1963 to 1966, at the age of 25, considered to be the youngest judge at the time. He went on to form his private practice in civil, criminal and family law from 1966 to 1982. In 1982 he was elected to the bench of Criminal District Court Number Three, a post he held for five terms undefeated. Judge Leonard's community and civil activities have included former and current memberships in the Tarrant County Bar Association, the State Bar of Texas, the Western and Northern District Federal Bar Association, the Texas Trial Lawyers Association, the State College of the Judiciary, the Southside Optimist Club and St. Stephen Presbyterian Church. Don was a graduate of the National Judicial College, was appointed by the Honorable Gib Lewis to serve on a committee studying the role of the family in reducing recidivism, served on the Tarrant County Crime District Board of Directors and was a former chairman of the Board of Judges and the Juvenile Board. He was awarded the prestigious Silver Gavel Award for his outstanding judicial service by the Tarrant County Bar Association. Don was a proud Longhorn and loved football, along with golf, hunting, and fishing. Most of all, he enjoyed spending time with his family at home on the lake. He was also known for his fairness and sense of humor. Dad lived his life as a good, faithful, Christian man. May he rest in peace. Don was preceded in death by his parents, Albert and Jessie Leonard, and his son-n-law, Phillip Walker. SURVIVORS: He is survived by his loving wife, Judy, of 62 years; along with his daughters, Debra Walker, Cynthia Leonard; sonin-law, Henry Encina; grandchildren, Donald Leonard and wife, Nadejda, Megan Benavides and husband, Russell, Shelby Walker, Saralyn Walker, and Samuel Encina; great-grandchildren, Austin, Donny, Lillian, Aubrey, Carson, and London. g Published in Star-Telegram on July 28, 2018


In

Memoriam

The Tarrant County Probate Bar Association

2018

PROBATE LITIGATION SEMINAR

T

homas Wayne McKenzie was born July 23, 1949, in San Francisco, Calif., to Troy T. McKenzie and LaVerne Johnston McKenzie, and passed away Friday, March 16, 2018. Tom was raised as a U.S. Army dependent, living all over the world and, after graduating from the University of Arizona, joined the Texas Department of Children's Protective Services (CPS) and worked his way up through the ranks. In 1994, he graduated from Texas Wesleyan School of Law and was admitted to the Texas and Oklahoma bars and ran for Texas district judge in 2010. Tom successfully practiced law for the remainder of his life, serving on the Law Review at Texas Wesleyan School of Law and receiving the Attorney ad Litem of the Year award in 2001. He also served on the board of Women's Haven from 1998 to 2005. Tom was a passionate advocate for disadvantaged children, throughout his professional life as a public servant and attorney especially for those involved in the state foster care program. An avid golfer and passionate Texas Rangers fan, Tom will be remembered for his endearing sense of humor, kindness and limitless compassion for those who were downtrodden and in need of help. SURVIVORS: Tom is survived and celebrated by Cynthia McKenzie; children, Doug and Tim Larson; grandsons, Raiden, Lars and Reed Larson; sister, Sharon Corpora; brother, David McKenzie; niece, Stephanie Frame; nephews, Christopher Corpora and Tommy, Nathan and Christopher McKenzie; great-nieces, Shea, Stella and Sydney Corpora and Sophie Frame; and great-nephew, Mikey Frame. g

Use of Cover Art, Range Wars by permission: Buck Taylor, Artist

Thomas W. McKenzie 1949-2018

September 14, 2018 Texas A&M School of Law

1515 Commerce Street • Fort Worth, Texas 76102

For Registration or more information, please visit www.tcpba.com

Law Offices of Jason Smith

Published in Star-Telegram on July 18, 2018

Trials and Appeals Employment, Personal Injury, Insurance Board Certified Civil Appellate Law

Jason Smith 817.334.0880 600 8th Aveue Fort Worth, TX 76104

letsgotocourt.com

SEPTEMBER/OCTOBER 2018

Amerian Board of Trial Advocates

â–Ş TCBA BULLETIN 31


1:00 PM Shotgun Start • $150 per Golfer 4 Person Team Scramble. Register as a team or individually. Winning Team, Closest to the Pin, and Longest Drive

SPONSORSHIPS Golf Hole Sponsorships are Tax Deductible and available for $450. Golf Hole Sponsorships benefit the Tarrant County Bar Foundation’s Fellowship program for local law students. Golf Hole Sponsorship payments must be made directly to the Tarrant County Bar Foundation.

6600 Mira Vista Blvd, Fort Worth, TX 76132 www.miravistacountryclub.com

Banquet Sponsorships are available for $550 to cover food and beverage costs. Your sponsorship will include signage at event, recognition in promotional materials, recognition at the awards ceremony and tournament, and a 10% discount on a team entry. Banquet Sponsorship payments must be made directly to the Tarrant County Young Lawyers Association.

To download registration form, visit www.tarrantbar.org/golftournament Please submit the entry form and payment (check or card) to 1315 Calhoun Street, Fort Worth, TX 76102. You may also fax your form to 817-335-9238 or email it to Lauren McKnight at lauren@tarrantbar.org. Please contact Clark Rucker at clark.rucker@kellyhart.com for further questions. 32 www.tarrantbar.org SEPTEMBER/OCTOBER 2018


BENEFITS OF MEMBERSHIP The 2018-2019 TCBA Bar year has begun!

The Tarrant County Bar Association is comprised of over 2600 members and offers the best way to connect with the legal community in Tarrant County.

Membership benefits include: •

• • • • •

Over 15 hours of free and 98 hours of reduced cost CLE events offered through the TCBA's 18 substantive law sections, Brown Bag CLE pass, and other CLE events. In addition, TCBA offers many of its CLE events online at a discounted rate for its members. Exclusive networking events, including Docket Calls, Breakfast with the Judiciary, Women in the Law Luncheon, and the annual Bench Bar Conference. Professional development and law practice management programs, including free Transition to Practice seminars, technology classes, and mentorship opportunities. Access to discounts and free professional services, including free document shredding, a discount for Lawyer Referral & Information Services (LRIS) membership, and discounts on meeting space rentals at the TCBA. A subscription to the Bar Bulletin, the TCBA’s bi-monthly magazine, and weekly emails detailing news and events in the Tarrant County legal community. Opportunities for community service at annual events like National Adoption Day, People's Law School, and the Blood Drive. The TCBA also provides pro bono volunteer opportunities at legal clinics through Volunteer Attorney Services (TVAS) and Texas Lawyers for Texas Veterans- Tarrant County Chapter (TLTV).

We thank you for your continued support of our organization. If you have not renewed for the 2018-2019 bar year, please contact Lauren McKnight at the bar office at 817.338.4092 or by email at lauren@tarrantbar.org.


It's All Happening Around the Bar DBA & TCBA Lonestar Racing

Bar Leaders Conference

July Membership Luncheon

Swearing-In Ceremony Breakfast with the Judiciary

Past Presidents’ Luncheon

34 www.tarrantbar.org

▪ SEPTEMBER/OCTOBER 2018


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 material - business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817.577.0572. Fort Worth Zoo discount tickets - $11.00 adult, $8 for child or senior. For tickets, contact anne@tarrantbar.org or 817.338.4092. If mailing or charging tickets, add 50 cents. Texas Rangers Baseball discount tickets are available by going to www.texasrangers.com/tickets, selecting a game and entering the coupon code. Contact Sherry Jones for the coupon code by email at sherry@tarrantbar.org. 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, so check out UPS for your needs at 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. Call the TCBA office for details. Expanco is N.A.I.D. AAA-Certified documentdestruction service offering 40% off to TCBA members. Mention your TCBA membership when scheduling an appointment to receive this discount on your invoice. Thomson Reuters Exclusive TCBA offer of 10% off Firm Central subscriptions to Bar members* Please contact Amanda Olson, your local Account Executive, for more information at: Amanda.Olson@tr.com. g

Other Associations’ News & Information

Arlington Bar Association Meets on the 3rd Wednesday of each month. President, Ericha Ramsey Brown. For location & information, email arlingtonbarassociation@yahoo.com or call 214.357.7533. Black Women Lawyers Association For meetings and information, contact Judge Maryellen Hicks, President, at 817.451.7100 or hicks8776@sbcglobal.net. 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 at 817.339.2478 or LBoyd@BELaw.com. Fort Worth Paralegal Association General Membership Meetings are held at noon every 4th Thursday of the month at Joe T. Garcia’s, 2201 N. Commerce. FWPA Board of Directors meets at noon every 1st Tuesday of the month at the Bar Center. For more information, go to www.fwpa.org. L. Clifford Davis Legal Association (f/k/a/ Tarrant County Black Bar Association) holds its meetings on the 3rd Tuesday of each month at 6:00pm. For more information, contact President Zachary Ferguson by email at zfergusonlaw@ gmail.com. MABA (Mexican American Bar Association) Meets on the last Thursday of each month with location to be announced. 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 Danita Glenn at 214.683.5760 or danitag@thehartlawfirm.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 Dewayne Huston at 817.924.2222 or dewayne@thehustonfirm.com. Tarrant County Family Law Bar Association Meets at noon on the 4th Tuesday of each month, with location to be announced. For more information, contact president Ami Decker, 817.735.0005 or ajd@famlawtex.com. Tarrant County Probate Bar Association Meets on the 1st Thursday of each month at the Petroleum Clubmembers free, guests $30. For more information, contact Jimalee Splawn at 817.870.8752 or jsplawn@hfblaw.com. Tarrant County Trial Lawyers Association Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact Mike Freden at 817.726.1636. Tarrant County Young Lawyers Association The 2017-2018 new TCYLA Year began September 1, 2017. If you need an application or meeting information, call 817.338.4092, email lauren@tarrantbar.org, or go to the website at tcyla.org. Texas Association of Defense Council Meets for lunch every 4th Wednesday at Angelo’s. Contact George Haratsis, McDonald Sanders at 817.336.8651 for more information.

SEPTEMBER/OCTOBER 2018

▪ TCBA BULLETIN 35


Cyber coverage now included with our malpractice policy. OVER 38 YEARS SUPPORTING TEXAS LAWYERS

Bar Bulletin ▪ September/October 2018 PRESORTED STANDARD Tarrant County Bar Association U. S. POSTAGE PAID 1315 Calhoun Street FORT WORTH, TX Fort Worth, TX 76102-6504 PERMIT 1807 ADDRESS SERVICE REQUESTED

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

CONNECTED TLIE.org / info@tlie.org / (512) 480-9074

Space For Lease in the historic

Tindall Square Office Complex

Tarrant County Bar Association - Fort Worth Tarrant County Volunteer Attorney Services Texas Lawyers for Texas Veterans - Tarrant County Chapter

in Downtown Fort Worth

■ ■ ■ ■ ■ ■

Parking available Up to 10,000 square feet of office space available with rates starting at $19.50 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 ■ 682.316.2072 dherring@rochester-group.com 500 East 4th Street, Suite 175 ■ Fort Worth, Texas 76102

@TarrantBar

@TLTVinTarrant

@TVASFW

Classified Advertising NOTICE

Classified Ads no longer appear in the Bulletin. They can be found on our website at www.tarrantbar.org.


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